Female employees at a healthcare staffing office in Omaha, Nebraska, were subjected to unlawful sexual harassment, according to a lawsuit filed by the US Equal Employment Opportunity Commission (EEOC).
According to the EEOC’s suit, male employees repeatedly made harassing and derogatory comments to female colleagues and engaged in lewd, sexually explicit conversations in open workspaces that the women could not avoid. When one woman asked to move to a different area, her supervisor initially agreed, but the behavior continued. After she reported the harassment to a higher-level manager, her concerns were dismissed. The supervisor then forced her to return to her original location near the harassers and placed her on a performance improvement plan. The harassment persisted, and she ultimately resigned.
Such alleged conduct violated Title VII of the Civil Rights Act of 1964, which prohibits harassment because of an employee’s sex and retaliation for opposing unlawful discrimination and harassment. The EEOC filed suit in US District Court for the District of Nebraska after first attempting to reach a settlement through its administrative conciliation process.
“Degrading sexual comments that are pervasive and both objectively and subjectively offensive create an unlawful hostile work environment,” said Andrea G. Baran, regional attorney for the EEOC’s St. Louis District Office. “Employers have an obligation to prevent such conduct and take immediate action to stop it if it occurs.”
Compliance Perspective
Issue
Sexual harassment is a form of sex discrimination prohibited under Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute harassment when submission to or rejection of such conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with work performance, or creates an intimidating, hostile, or offensive work environment. Employers must investigate complaints of harassment promptly and impartially. Equal employment opportunity laws also prohibit retaliation against applicants or employees who assert their rights under these laws, including those who participate in a complaint process.
Discussion Points
- Review your policies and procedures on preventing workplace harassment, including sexual harassment, and on prohibiting retaliation. Ensure policies clearly define unacceptable conduct, outline the reporting process, and communicate protections against retaliation.
- Provide training to all staff on recognizing and reporting harassment. Ensure supervisors and compliance personnel understand their responsibilities in responding to reports, conducting prompt and impartial reviews, and upholding nonretaliation protections.
- Conduct periodic audits, such as anonymous surveys, to assess whether staff are experiencing harassment or discrimination. Include questions that gauge whether they feel safe reporting concerns and believe they are protected from retaliation.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*