A pain clinic in Pennsylvania, and its owner, recently agreed to settle a lawsuit filed by a nurse, who alleged the clinic's owner subjected her to sexual harassment.
The plaintiff, a nurse practitioner who worked at Tri-State Pain Institute for four months in 2022, alleged the owner "created a sexually charged hostile and offensive work environment" and subjected those who objected to "verbal abuse." In particular, the owner questioned the plaintiff about her sex life repeatedly; commented on her appearance; made "sexually charged remarks to her and patients"; and engaged in other "sexually inappropriate conduct." The plaintiff alleges she witnessed the owner apparently masturbating on an examination table. When she turned to leave, he allegedly said, "Wait, come back, look!"
The nurse practitioner alleged that she was forced to resign in July 2022 because of the sexual harassment, sex discrimination, and retaliation. The case settled through mediation, and the terms were not disclosed. Ed Palattella "Erie-area pain clinic settles lawsuit with nurse who claimed sexual harassment" www.goerie.com (Jan. 02, 2024).
Commentary and Checklist
In the above matter, the nurse alleged that she was forced to resign. In other words, she had no other course of action to make the wrongdoing end.
The term "constructive discharge" refers, in general, when an employee leaves the workforce involuntarily because the employer has created a hostile or intolerable work environment or has applied other forms of pressure or coercion which forced the employee to quit or resign. It is sometimes described as the working conditions created are intolerable - no reasonable person would be expected to stay.
The law will treat the victim as terminated, not as someone who "resigned" or "abandoned the job" by leaving. As such, the victim will be entitled to seek unemployment insurance and sue for wrongful termination, for example.
If a victim files a charge with the EEOC, what inquiries will the EEOC make of the charging party?
"(1) The reason (s)(s)he gave respondent for resigning his/her position;
(2) A detailed explanation of the discriminatory employment practices (s)he was being subjected to;
(3) How long (s)he was subjected to these discriminatory employment practices prior to his/her resignation;
(4) Whether the discriminatory practices ceased prior to his/her resignation, and if so, when they ceased; and
(5) Whether (s)he complained to his/her supervisor or other respondent official about the discriminatory employment practices, and if so, when and what was his/her response.
The employer will then be asked:
(1) The reason charging party gave for his/her resignation;
(2) Whether charging party ever complained about being subjected to discriminatory employment practices, and if so, when; and
(3) If the answer to the above is yes, whether any action was taken to eliminate these practices, and if so, describe." https://www.eeoc.gov/laws/guidance/cm-612-dischargediscipline
