The Illinois Human Rights Act outlines guidelines for sexual prevention training to be adopted by employers. According to section 2-109 of this act (775 ILCS 5/2-109), the intent of this training is to “ensure that workplaces are safe for employees to report concerns about sexual harassment without fear of retaliation, loss of status, or loss of promotional opportunities”. 5 The Illinois Department of Human Rights does provide a model sexual harassment training program that is available to employers at no cost with the following components 5 : https://www2.illinois. gov/dhr/Training/Pages/State-of-Illinois-Sexual- Harassment-Prevention-Training-Model.aspx • “An explanation of sexual harassment consistent with this act” • “Examples of conduct that constitutes unlawful sexual harassment” • “A summary of relevant federal and state statutory provisions concerning sexual harassment, including remedies available to victims of sexual harassment” • “A summary of responsibilities of employers in the prevention, investigation, and corrective measures of sexual harassment” While developing anti-harassment polices are important, ensuring clarity across all formats and departments is mandatory. A key component of clear anti-harassment polices is that they make clear that people will be held responsible for their actions. 3 Rather than stating “zero-tolerance”, progressive disciplinary consequences that correspond to the severity and frequency of the misconduct has the potential of correcting the behavior before it escalates. 3 Improving transparency and accountability in formal reports is equally important. Leadership must show that it does investigate and then hold perpetrators accountable in a timely manner. 3 Encouraging internal review of polices and procedures will also be beneficial to enact organizational changes while improving internal dialogue along leadership and employees. 3 Although many companies offer formal training and grievance procedures for sexual harassment, it is still unknown whether these actually reduce the rates of harassment. While much of the research has not shown that training reduces or eliminates sexual harassment, training programs likely alter individual employees’ attitudes towards sexual harassment. These systems may miss instances of harassment where it is common due to the concern for “psychological denial” of the victims, and may actually incite retaliation without satisfying complaints. 19 Manager training has been shown to increase management commitment to hiring and promoting women of white, black, Hispanic, and Asian-American ethnicity. 19 Specific employee training including “forbidden-behavior” has shown positive effects on men’s knowledge and awareness of harassment. 19 Research also suggests that workplaces with women leadership are more likely to believe harassment complaints and less likely to react negatively to training. 19
Bystander training has been successful in preventing sexual assault and certainly has promise for preventing sexual harassment in workplace environments such as healthcare. These programs help to empower individuals who are present but not directly involved in a harassment situation to help diffuse the situation and confront the harasser. As mentioned earlier in this activity, sexual harassment by patients occurs more often com- pared to colleagues or administrators. Institutional training usually focuses on harassment initiated by co-workers instead of by patients, which is more likely to be reported by physicians. One study with ophthalmology faculty and trainees utilizing a train- ing workshop demonstrated improved perception of the frequency and severity of sexual harassment by patients along with improved likelihood that they would intervene toward verbal sexual harassment by patients. 20 A recently published algorithm for how to address sexual harassment by patients includes : 21 • First assessing for provider safety. If provider feels safe then he/she should clearly and firmly ask the patient to stop • If behavior is stopped and provider feels safe then may continue with care • If provider feels unsafe then they should find a way to excuse themself from the patient encounter while seeking help from a colleague or supervisor • File report with appropriate leadership • Transfer patient care to another provider BEFORE MOVING ONTO THE NEXT SECTION, PLEASE COMPLETE CASE STUDY 2. Reporting Sexual Harassment Any inappropriate behavior should be reported to leadership or administration, no matter whether it qualifies as sexual harassment. Those who report misconduct to leadership should also fully cooperate so a full and fair investigation can be conducted. Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. 1 In addition to reporting to work leadership, targets can file a charge to the EEOC within 180 days of the alleged discriminatory act.
In these situations, it is best to contact the EEOC early and directly because a charge may need to be presented to the state or local agency if applicable. 1 Although laws have been implemented for many years protecting individuals from sexual harassment in medical settings, the prevalence of sexual harassment has changed very little over that time. This suggests that legal requirements are necessary but not sufficient to drive changes to reduce sexual harassment. 3 Reliance on a legalistic approach to reporting sexual harassment is likely to misjudge the true nature of the problem due to sexual harassment law focusing on the sexual and coercive forms of harassment, instead of the gender harassment type which is more common. 3 Various legal polices still enable institutions to maintain secrecy and confidentiality in regard to reporting sexual harassment investigations as well as their outcomes. 3 These factors contribute to targets not formally reporting harassment due to their concern that leadership will minimize the conduct or not take action against the alleged perpetrators. In the state of Illinois, the Illinois Human Rights Act (775 ILCS 5/2-109) poses legal ramifications for employers who violate any requirement for the sexual prevention training. If a violation were to occur, the state Human Rights Department would provide a 30 day notice to comply, otherwise a civil penalty would be imposed. 5 In Illinois, individuals can also report sexual harassment and/or discrimination by calling the State of Illinois Sexual Harassment and Discrimination Helpline at 877- 236-7703.21 The helpline can assist individuals with further reporting to their employers humane resources supervisor or director along with the Illinois Department of Human Rights (https://www2. illinois.gov/DHR/Pages/default.aspx). 22
Instructions: Review the case below and consider the questions that follow. Case Study 2 Dr. K is a PGY-2 surgical resident performing her morning rounds on the inpatient census of the surgical patients. While examining the patient Mr. J, he comments on her eyes and asks her if he could take her out to dinner once he is discharged. 1. The most appropriate response in this situation from Dr K would be: A. Continue with the exam and ignore Mr. J’s comments. B. Immediately leave the room and refuse to take care of Mr. J in the future. C. Speak to Mr. J in a calm, firm, and clear manner to identify his behavior as unwelcome and remind him of their professional relationship. 2. Take a moment and consider the ways you would counsel Dr. K if she reported this incident to you.
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