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