If you are a nurse and you have been sexually harassed at work, report the incident by following the steps in your employer’s anti-harassment policy. You should gather evidence that documents the harassment you suffered as well as the damages you suffered. You should file a complaint with the Equal Employment Opportunity Commission (EEOC) and seek the guidance of an employment law attorney who handles such claims in your area.
Report the Incident
If you are a nurse and you have been sexually harassed at work, check to see if your employer has an anti-harassment policy. Most physician offices, clinics, hospitals, surgical centers, or so forth have a policy in place.
If there is a policy, you should follow the steps as specified in the policy. The policy should give you the different options for reporting any harassment, including the option to file a complaint.
If there is not a policy, talk with a supervisor. You can speak with your own direct supervisor, the supervisor of the individual who is harassing you, or any other supervisor within the organization. Explain what happened in detail and ask for that person to help you in getting that inappropriate behavior to stop.
Gathering Evidence
To have a successful claim, you must have documentation and evidence that proves that you suffered harassment and that also details the damages you suffered. This supporting evidence may include:
- Communication from the harasser, such as voicemails, text messages, memos, notes, or emails.
- Copies of the complaints that you filed and the response from the company or their lack of a response.
- Your personnel or employment file.
- Your employee policy handbook and your employer’s written sexual harassment policies if there are any such policies.
- Testimony from any witnesses.
- Any photos or videos of any incidents.
- Bills and other proof of expenses associated with the harassment you suffered.
The more evidence and documentation that you can provide to support your claim, the more likely you will be to prevail and have success. There are two different kinds of sexual harassment claims, including quid pro quo harassment, which is when a supervisor or other employee demands sexual favors as a condition of employment, and hostile work environment, which occurs when the workplace is sexually intimidating and offensive.
Filing a Claim for Sexual Harassment as a Nurse
When you are filing a sexual harassment claim as a nurse, you should understand that any survivors of sexual harassment must follow a specific complaint process. If your employer harasses you, or if your employer fails to protect you from harassment, you may file a charge – or a complaint – against your employer with the Equal Employment Opportunity Commission (EEOC).
You must do this before you will be able to file a private lawsuit to recover compensation for your damages. The EEOC will investigate your claim and they may file a lawsuit on your behalf. If the EEOC does not pursue your claim, or if the investigation does not provide any help, you will be given a Right to Sue letter.
A Right to Sue letter means that the EEOC did not find discrimination and they are dismissing your case, so you now have 90 days to file a lawsuit against your employer to recover compensation for your damages. If the EEOC does find that discrimination took place, they will notify you of this in a letter as well.
The EEOC could file a lawsuit against your employer on your behalf, but usually they did not do this. You then have a limited time to file a lawsuit against your employer yourself. As a nurse, you may be employed by a clinic, physician’s office, hospital, surgical center, nursing home, or another facility.
Get a Free Case Evaluation
If you have been the victim of sexual harassment as a nurse, you may want to enlist the help of an employment law attorney who handles sexual harassment claims in your area. A lawyer will be able to investigate the incident, help you collect evidence and documentation, file all the proper paperwork in a timely manner, and help you recover a fair settlement so you are fairly and properly compensated for your damages.
When you meet with an employment law attorney, go over the payment process. Some lawyers require a retainer to be paid while others take cases on a contingency basis and are not paid until you win your claim. To ensure your claim is underway in a timely manner, complete the Free Case Evaluation Form on this page.
