Photo credit: Getty Images. Stuart Oberman, Esq. shares tips for effective sexual harassment prevention.
Sexual harassment prevention
By Stuart Oberman, Esq.
Sept. 3, 2025
Comments made within an optometry practice can blur the line between workplace fun and potential violations of federal law.
Let’s consider Great Optometry, a small private practice in Heartland, America.
The practice owner, Dr. Tim, employs five staff members, including a front desk coordinator named Maria, who has worked at the practice for about a year.
Over the past few months, Dr. Tim has frequently commented on Maria’s appearance. At first, the remarks seemed casual, such as:
- “You look really nice today.”
- “You have a beautiful smile; the patients must love seeing your smile.”
Maria initially tried to ignore the comments, but they increased in frequency and boldness:
- “You should wear more makeup—makes you look sexy.”
- “If I wasn’t your boss, I would invite you to dinner.”
- “We should grab a drink after we close the office.”
Maria tells Dr. Tim privately that his comments make her uncomfortable. Dr. Tim responds dismissively: “You’re being too sensitive. I’m just complimenting you—all good.”
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After speaking up, Maria notices a change in Dr. Tim’s attitude. He begins excluding Maria from staff meetings and training sessions. Maria starts to feel isolated and anxious at work. Has Dr. Tim potentially crossed the line and violated federal law? Absolutely.
Federal Law and EEOC Guidelines
Violation of Title VII of the Civil Rights Act of 1964
Title VII makes it unlawful to harass an employee on the basis of sex, including:
- Unwelcome verbal conduct that may be sexual in nature
- Sex-based remarks about appearance that potentially create a hostile work environment
In this scenario:
- Dr. Tim’s repeated comments about Maria’s appearance are sexual in nature and not job-related
- Maria clearly expressed that the comments were unwelcome
- The conduct is persistent and demeaning and contributes to a hostile work environment
EEOC Definition of Sexual Harassment
According to the Equal Employment Opportunity Commission, sexual harassment includes:
- Unwelcome sexual advances
- Requests for sexual favors
- Other verbal or physical conduct of a sexual or offensive nature
Conduct becomes illegal when:
- It creates a hostile or offensive work environment or
- Results in an adverse employment decision such as demotion, exclusion or shift changes
In Maria’s case:
- Dr. Tim’s comments were sexual in tone and ongoing, even after Maria objected
- Dr. Tim’s dismissal of Maria’s discomfort demonstrates a non-responsive and unacceptable management culture
- Maria’s exclusion from meetings can be viewed as retaliation, which is a separate and clear violation of Title VII
Hostile Work Environment Standard
For a hostile work environment to be legally actionable, such as Dr. Tim’s conduct, the behavior must be:
- Unwelcome (which it was)
- Based on a sexual nature (which it was)
- Severe or pervasive enough to create a work environment that a reasonable person would find hostile or abusive (which occurred here)
The cumulative effect of Dr. Tim’s inappropriate comments, especially after being asked to stop, would create and be considered a hostile work environment in most cases.
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Retaliation Protections
Under federal law, it is illegal to retaliate against an employee who complains about harassment. Maria’s exclusion from office activities after she complained about Dr. Tim’s conduct could be interpreted as unlawful retaliation, even if no formal complaint was made.
Recommendations for Prevention and Response
In today’s workplace, any type of harassment is unacceptable and a violation of federal law. Practice owners should:
- Implement a clear anti-harassment policy and distribute it to all staff
- Provide annual training on all types of workplace harassment and respectful workplace conduct
- Create a safe and confidential process for reporting inappropriate behavior
- Ensure complaints are taken seriously and acted upon promptly
Any conduct that could violate Title VII should never be tolerated. A proactive culture starts with practice ownership and management.
Read another article by Stuart Oberman, Esq.
Stuart Oberman, Esq., is the founder and president of Oberman Law Firm in Cumming, Ga. To contact him: stuart@obermanlaw.com.
