180 unit 3 | Professional Issues
persistent problems. The reasons are complex, but
sex-role stereotypes and the unequal balance of
power between men and women are major contrib-
utors. Unfortunately, underreporting of this prob-
lem is common, even though the emotional costs of
anger, humiliation, and fear are high (nursingworld.
org/dlwa/wpr/wp3/htm).
The laws that prohibit discrimination in the
workplace are based on the Fifth and Fourteenth
Amendments to the Constitution, mandating due
process and equal protection under the law. The
Equal Employment Opportunity Commission
(EEOC) oversees the administration and enforce-
ment of issues related to workplace equality.
Although there may be exemptions from any law, it
is important that nurses recognize that there is sig-
nificant legislation that prohibits employers from
making workplace decisions based on race, color,
sex, age, disability, religion, or national origin. The
employer may ask questions related to these issues
but cannot make decisions about employment
based on them. Behaviors that could be defined as
sexual harassment are identified in Box 12-6. The
EEOC issued a statement in 1980 that sexual
harassment is a form of sex discrimination prohib-
ited by Title VII of the Civil Rights Act of 1964.
Two forms of sexual harassment are identified;
both are based on the premise that the action is
unwelcome sexual conduct:
1.Quid pro quo.Sexual favors are given in
exchange for favorable job benefits or continua-
tion of employment. The employee must
demonstrate that he or she was required to
endure unwelcome sexual advances to keep the
job or job benefits and that rejection of these
behaviors would have resulted in deprivation of
a job or benefits. Example: The administrator
approaches a nurse for a date in exchange for
a salary increase 3 months before the scheduled
review.
2.Hostile environment.This is the most com-
mon sexual harassment claim and the most dif-
ficult to prove. The employee making the claim
must prove that the harassment is based on
gender and that it has affected conditions of
employment or created an environment so
offensive that the employee could not effective-
ly discharge the responsibilities of the job
(Outwater, 1994). In 1993, the Supreme Court
ruled that a plaintiff is not required to prove
any psychological injury to establish a harass-
ment claim. If the environment could be shown
to be hostile or abusive, then there was no fur-
ther need to establish that it was also psycho-
logically injurious. Although sexual harassment
against women is more common, men can be
victims as well.Sexual harassment can cost an employer money,
unfavorable publicity, expensive lawsuits, and large
damage awards. Low morale caused by a hostile
work environment can cause significant decreases
in employee productivity, increased absenteeism,
increases in sick leave and medical payments, and
decreased job satisfaction.
In addition to Title VII, other legal protections
include Title IX of the Education Amendments
of 1972 and state fair employment statutes. Title IX
of the Education Amendments of 1972 prohibits sex
discrimination and sexual harassment in any educa-
tional program receiving financial assistance from
the federal government. Students and employees are
covered by this law. Most state fair employment
statutes apply to public and private employers,
employment agencies, and labor organizations.
Often, state workers’ compensation statutes provide
remedies for employees who have been injured,
either physically or psychologically, by sexual harass-
ment in the workplace. Prohibition against sexual
harassment in the workplace may also be included in
collective bargaining agreements (nursingworld.org/
readroom/position/workplac/wkharass).
Addressing the issue of sexual harassment in the
workplace is important. As an employee, be famil-
iar with the policies and procedures related to
reporting sexual harassment incidents. If youbox 12-6
Behaviors That Could Be Defined as
Sexual Harassment- Pressure to participate in sexual activities
- Asking about another person’s sexual activities, fantasies,
preferences - Making sexual innuendoes, jokes, comments, or suggestive
facial expressions - Continuing to ask for a date after the other person has
expressed disinterest - Making sexual gestures with hands or body movements
or showing sexual graffiti or visuals - Making remarks about a person’s gender or body