Sexual Harassment in Healthcare: 3 Considerations for Providers
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With the advent of the “Me Too” movement, challenges for women in the workplace are in the forefront of everyone’s mind – and sexual harassment in healthcare is no different. In fact, studies indicate that as many as 30% of female physicians have had such encounters. For other healthcare workers, the number is as high as 60%.
The AMA Code of Ethics defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature,” and draws a firm ethical line for all medical professionals. Nonetheless, even as the number of women in healthcare increases (for instance, medical school enrollment has reached a 40/60 ratio), the problem persists. Hospitals and medical practices of any kind must make sure they adopt legally mandated policies and secure the proper safeguards in case a complaint leads to litigation. To prevent and protect providers from the consequences of sexual harassment in healthcare, here are three things you can implement:
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1. Establish Required Policies
The Equal Employment Opportunity Commission (EEOC) is very helpful in this area, providing guidelines for all employers based upon legal precedents.
Employers must write and distribute a very clear zero tolerance statement. The statement should detail what behavior falls under the category of sexual misconduct and employees must sign a copy of the document. In addition, employers must clarify and ensure that employees do not face retaliation for making a report; reporting must be kept private among those directly involved. Employers also need a consistent procedure (to be executed by disinterested parties) including interviews, observation and ultimately resolution – whether disciplinary action or termination in the case that harassment is verified.
2. Offer Necessary Training
Legally, a healthcare employer must provide mandatory training at least once a year. Training must include everything established in the policies above as well as comprehensive education. The classes must be interactive in a way that “sensitizes” employees to the dynamic. Education should include information on consequences – both financially for the company and personally for those affected. Management should also have special training to identify potential problems as they occur.
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3. Purchase Liability Insurance
With the increase in malpractice litigation, professional liability insurance is a must. But carrying such policies can be costly. Employment Practices Liability Insurance was designed “to protect a company against charges of sexual harassment, wrongful termination, discrimination or other allegations.” But unlike other malpractice insurance, these policies encompass a wide range of options, some better suited to low-earning or small medical concerns. Hospitals may choose more comprehensive versions while smaller employers can consider the more affordable stand-alone policies.
Sexual misconduct in healthcare is nothing new. But increased awareness and preparation goes a long way towards ensuring a workplace that is safe for everyone. Establish and distribute firm zero tolerance policies, educate your employees and administrators, and make sure you have a plan of action to protect your healthcare company in case it does happen.
MASC Medical can help you find candidates who know how to protect your healthcare business and pre-vetted employees to reduce your chances of facing the problem altogether.
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