By Pamela Miller, OD, FAAO, JD
Create a respectful office environment—and protect your practice from legal entanglements—by understanding harassment law and educating your staff about it. Here are practical steps to set up office policies before problems arise.
Safeguard Your Office from Harassment:
Your Action Plan
1. Review your office policies and procedures manual to make sure it has an up-to-date section on harassment that has been reviewed by your attorney.
2. Schedule an office meeting to go over harassment policy with all staff members.
3. Listen carefully for any potential harassment as you walk through the office this week. —ROB Editors
Harassment in the workplace often is thought of solely in terms of sexual harassment, but harassment occurs whenever one employee (whether supervisor or peer) verbally or physically makes another employee uncomfortable. Harassment can also come from a patient or other visitor to your office toward an employee and can involve an employee toward a patient. It can range from inappropriate comments about an employee’s appearance, race or gender to unwanted physical contact.
The key is to remember that once an employee makes you aware of his or her discomfort, it is your legal responsibility to address the situation and document in writing the action you took. Choose to ignore it, and you could find yourself facing a harassment lawsuit. It is critical that any conversations, follow-up, corrective action or additional complaints be fully documented. Failure to document a complaint and the steps you took to resolve the issue(s) could result in further liability, unemployment claims, problems with the labor board and even litigation, to say nothing of damaging your reputation and the work environment. Here are common scenarios that can land your practice in legal trouble. Like all legal matters, it is best to consult your attorney and be aware of state laws.
Beware of Unwanted Attention
Issue: Years ago my practice had a frame rep who invariably made our receptionist uncomfortable by leaning down over her and making comments about her figure. She told him directly that the attention was unwanted and made her uncomfortable, but he continued. She made me aware of how this frame rep treated her and told me that she was uncomfortable and wanted it to stop.
Resolution: Once the employee told me that the rep made her uncomfortable, the issue became my responsibility. I spoke to the frame rep directly and told him that his behavior toward the receptionist was not acceptable in our office and that if he made her uncomfortable again, I would notify his manager at the frame company.
Eliminate Offensive Materials
Issue: A calendar on the wall with women in skimpy bikinis draped over cars. It may seem harmless since everyone in the office gets along and treats each other with respect, but that doesn’t mean it doesn’t make the women who work for you uncomfortable. Let’s say one of your employees has posted the calendar near the wall where he works and another employee tells you that even though her co-worker has said nothing to make her uncomfortable, she finds the calendar demeaning to women.
Resolution: As soon as your employee makes you aware that the calendar bothers her, it is your responsibility to speak to the co-worker who tacked it to the wall. Point out the guidelines you should have in writing in your office policy booklet regarding maintaining a respectful work environment. Ask that he remove the calendar and review with him what a respectful environment means.
Not All Jokes Are Funny to Everyone
Issue: A fellow older doctor who thinks jokes about ethnic groups and religion are hilarious. He frequently tells jokes about the supposed foibles of Polish people–with an employee of Polish ancestry sitting right in front of him! He has been known to do the same with other employees, telling “jokes” at the expense of Hispanic people with Hispanic employees present and religious jokes about Mormons with a Mormon employee standing next to him. A few of your employees let you know that they don’t find this doctor nearly as cute as he thinks himself. But they are scared to say anything to him because he is the senior doctor in the practice and they fear for their jobs.
Resolution: As the offending doctor’s partner or associate, and also one of the employees’ supervisors, it is up to you to take action by speaking with the senior doctor. You might explain to him that expectations for the workplace have changed a lot since he began his career 50 years ago, and though he may not be aware of it, some of the practice’s employees are offended by his “humor.” You do not have to tell the senior doctor which employees expressed their discomfort to you. It is enough to tell the doctor that practice employees are offended by the jokes and that they need to stop.
Watch Election Talk
Issue: It’s national election season, so politics is a hot topic of conversation. An employee who is passionate about one of the candidates is running around the office asking everyone who they plan to vote for and then making a pitch on behalf of his favored candidate. It doesn’t help that the employee doing this is the office manager who is responsible for supervising employees and conducting performance reviews side-by-side with you.
Resolution: It might be a good time at your next staff meeting to emphasize that it is inappropriate to discuss political leanings at the office, and, especially, that it it is absolutely prohibited for anyone in the office to ask anyone else–employee, patient or other visitor–who they are voting for. Explain that you will take action against employees who violate that rule. If an employee like the office manager in the above scenario does it anyway, immediately meet with them, remind them of your office policy and ask that they stop. Let them know that if it happens again, they will be terminated.
“You’re Under No Obligation to Attend”
Issue: Your father just passed away and you plan to host a memorial at your home in the next week. Your employees all got to know your father who was a frequent visitor to the office, so you think they would appreciate an invitation to the memorial. Most of your employees are eager to pay their respects and are glad to be there for you that day, but one of your employees doesn’t really want to attend and is concerned that if he doesn’t it will negatively impact his career in your practice.
Resolution: Whenever you invite employees to a personal event such as a family member’s memorial service or a wedding, be sure to mention that they are under no obligation to attend and that if they do not attend, it will have no impact on your feelings toward them and on their career with the practice. You might say that you consider your employees family and so wanted to be sure to extend an invitation, but that you fully understand if they are unable to attend, or simply choose not to. You don’t want a disgruntled employee who you have to terminate to say you terminated him because he didn’t go to your dad’s funeral.
No “You’re So Stupid!”
Issue: You have two employees who must work together, with the more seasoned employee asked to mentor the younger employee. The problem is the senior employee has an aggressive and critical personality while the more recent hire is gentle and meek. That dynamic results in the more senior employee bullying her more junior co-worker, repeatedly calling her “stupid” and otherwise disparaging her intelligence and abilities.
Resolution: Meet with both employees separately. Let the senior employee know that such treatment is unacceptable and that words like “stupid,” when directed to another person, are not permitted. Explain to the senior employee why it is disrespectful to treat a co-worker that way and let her know that you will be on the lookout to ensure it doesn’t continue–but that does if it does continue, she will be terminated. Next, talk privately with the junior employee letting her know about your conversation with her “mentor.” Tell her that she should not have been treated that way, and that if it happens again, to let you know right away.
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Protect Your Practice Legally When Adding an Associate
Pamela Miller, OD, FAAO, JD, DPNAP,has a solo optometric practice in Highland, Calif. She is an attorney at law, holds a therapeutic license, is California State Board-certified and glaucoma-certified to prescribe eye medications, and offers comprehensive vision care, contact lenses, visual therapy and low vision services. To contact her: drpam@omnivis
