Best practices for addressing sexual harassment in healthcare settings

Barbara Blackmond, JD, senior partner at Horty, Springer & Mattern, P.C. of Pittsburgh, spoke on the topic of sexual harassment in the healthcare workplace this week at the 42nd annual NAMSS Educational Conference and Exhibition. Alongside Kimberly Daniel, JD, CPMSM, legal representative for the NAMSS conference committee, Blackmond offered several best practices for MSPs seeking to address sexual harassment in their organization.

First, Blackmond emphasizes the importance of establishing a comprehensive anti-harassment policy. This policy should clearly define what is considered appropriate conduct and what is considered inappropriate. Blackmond recommends using this definition of sexual harassment:

“Any verbal and/or physical conduct of a sexual nature that is unwelcome and offensive to those who are subjected to it or witness it.”

Examples should follow the definition. Being as clear as possible in establishing a policy helps to minimize an organization’s liability and promotes a culture of respect by underscoring the fact that sexual harassment will not be tolerated.

Blackmond also recommends creating a policy that outlines the procedure to follow once someone has made an allegation of sexual harassment. Such a policy should include the following elements: reporting, fact-finding, meeting, resolution, and follow-up. She cautions against using the word “investigation” in the language, as such verbiage tends to be tied to data bank reporting. Instead, Blackmond refers to the process as fact-finding, which implies the gathering of information without yet presuming a party’s guilt.

Lastly, Blackmond insists that the single most important thing a medical staff can do after a policy has been implemented is to stick to that policy. Consistent enforcement and documentation are the best ways to ensure the least amount of liability.