American Journal of Nursing 2000 May Volume 100, Issue 5

Protect Yourself from Sexual Harassment

Be aware of your facility's policy and take appropriate action.

A. The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature. However, behaviors such as sexual activity between consenting adults, asking someone for a date, and exercising social etiquette (opening the door for another) are not indicative of sexual harassment.

In the workplace, sexual harassment is defined as unwanted conduct of a sexual nature that affects a term or presents a condition of employment. Behaviors that give rise to sexual harassment allegations include demanding sexual favors; engaging in sexual jokes; making propositions or advances; making graphic comments about an individual's body; using sexually charged, degrading, or vulgar words; whistling, touching, or pinching; making suggestive, insulting, or obscene comments or gestures; displaying sexually suggestive objects, posters, cartoons, or documents; and name calling, gossiping, and telling jokes that may be derogatory to a person's gender.

Employers with 15 or more employees (according to 42 U.S.C. § 20003[b]) are required to abide by laws prohibiting employment discrimination, which includes sexual harassment. Employees who believe they are being sexually harassed should review their facility's sexual harassment policy to ascertain the correct reporting procedure. A good policy should

• provide a clear explanation of the prohibited conduct
• assure employees who file good faith complaints that they will be protected from retaliation
• pledge that confidentiality will be protected to the extent possible
• identify individuals who should receive sexual harassment complaints
• outline an investigative process free of chain-of-command entanglements
• guarantee that investigations will commence promptly after a complaint is registered (typically, within five business days)
• reassure employees that the employer will take immediate and appropriate action when sexual harassment is found to have occurred
• pledge that the investigation will be thorough and that the alleged harassee, alleged harasser, and appropriate witnesses will be interviewed
• identify possible sanctions
• offer counseling support to the person complaining of sexual harassment

After reviewing your facility's sexual harassment policy, use the right channels to file your complaint. If your facility has no policy, inform the nurse manager that you believe the law prohibiting sexual harassment applies to the hospital and that you intend to pursue the matter with the facility's human resources department. Apprise the human resources staff of your situation, tell them you believe the behavior constitutes sexual harassment, discuss your hospital's lack of a sexual harassment policy (if appropriate), and ask them how to proceed with the complaint. Even if your employer has a comprehensive, well-written sexual harassment policy, the facility may be held liable for sexual harassment if the policy is incomplete, not followed, or contains promises that were not kept.

Consider obtaining the assistance of legal counsel to file your complaint with the EEOC if your facility does not have a sexual harassment policy, or if the policy does not have a mechanism in place to investigate allegations involving the highest-ranking employee. This action should also be taken if you think the investigation isn't proceeding in accordance with the policy or in an acceptable and timely manner. Be sure to file your complaint with the EEOC within the specified timeframe; complaints filed within 180 days of the incident are considered timely. You can lose the opportunity to pursue this matter both with the EEOC and in the civil justice system if you file a complaint after this time period.

For information about filing a complaint with a regional EEOC office, go to www.eeoc.gov or call (800) 669-4000.

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