Liberty Harassment & Discrimination of Employees by Patients Discussion Responses

AnnaNo Complaint
Because I am from California I am going to be using my state policies to determine if my
coworker has grounds for legal complaint. To begin I would like to first look into the important
details of this scenario. This surgeon is not just making a random comment every once in a
while, it seems as though she is continuously making inappropriate jokes and
comments. Though my coworker is upset about this situation and is considering quitting, he has
not reported the incident to management. I would like to immediately state that the california
sexual harassement law states that in regards to these inappropriate comments, the victim must
have faced emotional distress. Because my coworker has faced emotional distress he already fits
into this category. This sadly is very common within healthcare and “sexual harassment at work
may result in the intention of nurses to leave their jobs and negatively impact the nurse working
force.”(Maghraby et al., 2020) However, since my hospital does have a procedure in place to
report this type of incident, the first step that my coworker needs to take is to report this behavior
to the management. If they do not take any action my coworker will still need to file another
complaint before taking legal action. California has a law that does not allow one to directly sue,
but instead has to first file a complaint. “You cannot just directly file a lawsuit as your first
course of action. Instead, you must first file an administrative complaint.”(Sexual Harassment,
2021) Due to my coworker not speaking up or following the hospital procedure for this incident
as well as not filing any complaints, they do not have grounds for legal complaint against the
surgeon or the hospital. Now if the scenario was changed a bit and my coworker started by
reporting the incident to hospital management and then a complaint to the correct department,
they then could possibly have grounds for legal complaint. In order to proceed my coworker
would first need to file an administrative complaint with the California Department of Fair
Employment and Housing(DFEH). One can file this complaint by following the steps on the
DFEH website.(California, N.D) The DFEH will then attempt to resolve the complaint without
legal action. However, if this is not possible, they will then help the victim to take legal action.
The Bible similarly follows this way of reporting a wrong done against us. Starting with
privately trying to resolve the issue, then bringing in more individuals, and finally taking it to the
church.(Matthew 18:15-17, n.d.) It is important to realize the positive effect of this method of
working out wrongs that have been done against us. Trying to resolve the issue by going through
the appropriate steps can help ensure that there are no false accusations or misunderstandings.
Reference:
California, S. of. (n.d.). Complaint process. DFEH. Retrieved April 19, 2022, from
https://www.dfeh.ca.gov/complaintprocess/
King James Bible. (2017). Cambridge University Press. (Original work published 1769)
Maghraby, R. A., Elgibaly, O., & El-Gazzar, A. F. (2020). Workplace sexual harassment among
nurses of a University Hospital in Egypt. Sexual & Reproductive Healthcare, 25, 100519.
https://doi.org/10.1016/j.srhc.2020.100519
Matthew 18:15-17 Commentary. BibleRef.com. (n.d.). Retrieved April 19, 2022, from
https://www.bibleref.com/Matthew/18/Matthew-18-15.html#commentary
Sexual harassment law in California: Your step by step guide. Ottinger Employment Law. (2021,
July 23). Retrieved April 19, 2022, from https://www.ottingerlaw.com/california/sexualharassmentguide/#:~:text=This%20means%20you%20cannot%20just,right%2Dto%2Dsue%20notice.
Sara
“Complaint”
I would argue that my coworkers and I would have grounds for a legal complaint against the
surgeon because the surgeon’s actions are making it a hostile and offensive working
environment. According to our textbook, “Title VII of the Civil Rights Act makes sexual
discrimination illegal, and sexual harassment is considered a form of sexual discrimination”
(Judson & Harrison, 2013, p. 237). With that being said, if the surgeon is making inappropriate
advances and comments of a sexual nature, then that is considered sexual harassment, which is
cause for legal action. In Part 3 of the definition of sexual harassment, it states that “verbal
conduct of a sexual nature constitutes a sexual harassment when… such conduct has the purpose
or effect of unreasonably interfering with an individual’s work performance or creating an
intimidating, hostile, or offensive working environment” (Judson & Harrison, 2013, p. 237). The
situation in this case study clearly displays an employee dreading going to work because of the
surgeon’s comments, which means that the surgeon’s behavior has now caused a hostile
environment that interferes with that employee’s performance, therefore, my coworkers and I
would have grounds for a legal complaint.
Now the hospital seems to have the correct procedures in place that aid in reporting such
behavior, but the fact that it was not reported should not be on the hospital’s part. As mature and
responsible employees, we should be reporting these incidences ourselves, because if these
behaviors are done in private or at least out of sight of the hospital management, there is no way
they would know about the incidents. The law requires that “healthcare employers… protect their
medical staff and employees from harassment and discrimination and respond to any such
behaviors swiftly and effectively” (Bertoncini & McDermott, 2019). Furthermore, once a report
is made, healthcare employers need to comply with all regulations and follow a thorough
procedure to address the issue. In one article, they recommend that “healthcare employers should
consider… [responding] appropriately to employees and maintain a prompt, thorough
investigation process unique to the issues, [and] provide training to employees on the company’s
harassment and discrimination policy” (Bertoncini & McDermott, 2019). Therefore, on behalf of
the hospital, I think they were following legal standards because it is all up to the employees to
report the incidences. Although most often healthcare employers are the ones liable for such
incidences, I think in this specific scenario, the employees need to be the ones who report the
surgeon’s behavior, and then depending on the hospital’s response, it will determine if the
management will complete all the proper procedures and processes.
Now that I have specified that I would have grounds for a legal complaint, I would first proceed
by reviewing the hospital’s procedure for reporting these incidents and then make my report to
the appropriate supervisor, manager, or head of the human resources department. One article
notes that “large health systems or independently owned physician practices bear legal
responsibility for protecting employees from harassment and hostile work environments”
(NORCAL Group, 2018). Thus, I would try to figure out who would be the best and most
trustworthy person in leadership to report the incident to and then be persistent in asking what I
would need to do or complete in order to accurately report the harassment. Since the surgeon’s
behavior has gotten to the point of my coworkers and I dread coming to work or diminishing our
performance, then I would try to make the report as soon as possible before the effects of their
behavior get too far or begin to affect more people in the workplace. And if the management at
my hospital does not complete the proper standard of procedure or dismiss the report, then I will
proceed to contact a government agency and file a complaint with them. Common agencies that I
could contact would be the U.S. Equal Employment Opportunity Commission or the Texas
Workforce Commission Civil Rights Division.
Besides the legal aspect of this case, I often think of the Biblical perspective of how we should
carry ourselves and how we ought to deal with conflicts such as these. There have been
arguments from both sides about whether Christians should even engage in any legal battles, but
when it comes to one’s safety and physical wellbeing, it is best to proceed with caution and do
whatever is necessary to ensure the person committing a crime is served justice. Although we
might be engaging in a legal battle, it is still so very crucial that we act with love and show grace
to the people who have wronged us, and especially pray over them and over their salvation.
There are numerous passages in the Bible that remind us of how we should treat others,
especially those who have wronged us or are evil, and how Christ’s grace living in our hearts will
help us to do so.
In 1 Peter 3 we read, “all of you should be… compassionate and humble, not paying back evil for
evil or insult for insult but, on the contrary, giving a blessing, since you were called for this, so
that you can inherit a blessing. For the one who wants to love life and to see good days must
keep his tongue from evil and his lips from speaking deceit, and he must turn away from evil and
do what is good. He must seek peace and pursue it” (1 Peter 3:8-11 HCSB). This is a reminder
for us to live in peace with everyone, no matter how wicked the world is, because we are doing
the Lord’s will, and since He is glorified even through our suffering, nothing we endure is in
vain. We must rely on the Spirit’s guidance on our lives so that we can live for God’s glory and
bring Him honor through our trials. In a circumstance such as this case study, it would be hard to
love someone who is consistently either tempting us, causing us to stumble, or making our hearts
grow bitter, but we must never forget how gracious the Lord was with us, in that while we were
wicked, loving of our sin, and dispising the truth, He sent His son, Jesus, to die on the cross,
blameless and sinless, so that we could be saved and be given eternal life. So whenever we
encounter wickedness, let us rely on God’s word to change our hearts and see them as God saw
us, wicked in need of a Savior. Therefore, if we encounter such coworkers, may God’s spirit and
truth give us the strength to show them grace and speak the truth of Christ to them, with
lovingkindness.
References:
Bertoncini, M. R., & McDermott, D. P. (2019, November 13). Healthcare Employers’ Title VII
obligations in harassment, discrimination of employees by patients. Jackson Lewis. Retrieved
from https://www.jacksonlewis.com/publication/healthcare-employers-title-vii-obligationsharassment-discrimination-employees-patients
Judson, K., & Harrison, C. (2013). Law & Ethics for the Health Professions (9th ed.). McGrawHill.
NORCAL Group. (2018, August 1). Sexual harassment in a healthcare practice: What you need
to know. NORCAL Group – Medical Professional Liability Insurance. Retrieved from
https://www.norcal-group.com/library/sexual-harassment-in-a-healthcare-practice-what-youneed-to-know
1 Peter 3:8-11. Holy Bible: Holman Christian Standard Bible. (2009). Nashville, Tennessee.
Holman Bible Publishers.
ChristopherCost: Investment in Talent Management- an obstacle related to managing human
resources
The human resources (HR) department can do many things to manage healthcare providers. One
of the largest challenges faced by healthcare HR managers is securing funding
for talent management initiatives. This enables departments
to provide competitive advantages and appeal to the high-quality workers.
Salaries should be aggressive compared to the competition and fit into the
hospitals’ economic plans. Buchbinder and Shanks (2019) explain, “the human resources
management function has been replaced in many health care organizations with talent
management. The focus has shifted to securing and retaining the talent needed to do the job in
the best way, rather than simply filling a role” (p. 13).
There are some solutions to ease the burdens of HR in healthcare. First, the organization can
offer training programs and/or provide leadership development programs. Second, they can try to
identify employee needs and measure employee satisfaction through engagement surveys. Next,
they could provide continuing education for clinical and technical fields which would be
welcomed by medical assistants and nurses. Finally, “conducting periodic employee reviews,
soliciting employee feedback, conducting rounds and employee huddles, offering employee
suggestion programs, and other methods of managing employee relations and engagement”
(Buchbinder & Shanks, 2019, p. 324). In the Bible, we are told not to aim for the human standard
of excellence but rather God standard of excellence. Our work is not to please mankind but to
please God himself. Ephesians 6:6-7 says, “Don’t work only while being watched, in order to
please men, but as slaves of Christ, do God’s will from your heart. Serve with a good attitude, as
to the Lord and not to men” (HCSB). Above all, work for the glory of God. If this is the motive
for our work in every aspect of our lives, we can see a transformation in our perspective of work.
No matter what title we have, how tedious or maybe even boring our work may be, it will
become a pleasure because we do it for the glory of God.
References:
Buchbinder, S. B., & Shanks, N. H. (2019). Introduction to Health Care Management (4th ed.).
Burlington, MA: Jones and Bartlett Learning.
The Holman Christian Standard Bible (HCSB)
Andrew:
The Affordable Care Act was signed into law by President Barack Obama in 2010. Since then,
many individuals have believed that the Affordable Care Act (ACA) is an infringement on their
rights since it allowed those who would otherwise be without health insurance to get it. It also
compelled many Americans to purchase healthcare or face penalties if they did not do so by the
end of the year; here is where there has been considerable skepticism. An article titled 10 ways
the ACA has improved healthcare in the past decade examines several significant benefits of the
ACA, despite the fact that many people believed it was not advantageous to them. “It protects
people with pre-existing conditions from discrimination, Medicaid expansion helped millions of
lower-income individuals access healthcare and more, healthcare became more affordable,
women can no longer be charged more for insurance and our guarantee coverage for services
essential to Women’s Health, young adults and children have greater access to coverage,
improved access to prescription drugs,” (Rapfogel, Gee, and Calsyn, 2020) On the other side,
while the ACA has made it simpler for Americans to receive health coverage, the flood of ACA
consumers has resulted in a provider shortage. While an increasing number of residents sought
for health insurance, their acceptance was not accompanied by an increase in the number of
providers available. This is an issue because the provider-to-patient ratio is unacceptably high,
making it practically impossible for patients to get high-quality treatment with clinicians and
nurses spread thinly among so many patients in need. For example, we are presently dealing with
the COVID-19 epidemic, which has ostensibly increased the number of individuals in need of
health care and necessitated the urgent need for more doctors, which was unforeseen and
therefore a significant issue. Although having more physicians, nurses, and specialists available
to handle the flood of patients would seem to be the obvious solution, the demand currently
outnumbers the availability of professionals. One approach to begin to reduce the need for such
an inflow of providers, in my opinion, would be to listen to present providers and do our lot to
assist prevent the spread of the coronavirus. Following their straightforward recommendations
would result in a considerable reduction in the number of Covid-infected patients, reducing the
need for more physicians.
“For there will never cease to be poor in the land. Therefore, I command you, ‘You shall open
wide your hand to your brother, to the needy and to the poor, in your land.” Deuteronomy 15:11
References
Nicole Rapfogel, Emily Gee, and Maura Calsyn, 10 Ways the ACA Has Improved Health Care
in
the Past Decade, March 2020, retrieved from
https://www.americanprogress.org/issues/healthcare/news/2020/03/23/482012/10-waysacaimproved-health-care-past-decade/
Holy Bible (2008). English Standard Version Study Bible (Illustrated ed.)