Did a hostile work environment cause a nurse to quit her job?

A nurse quit her job after her manager accused her of greater than 20 errors in patient care.

The head nurse also informed the CNO about these accusations. Although she was not fired, the nurse resigned attributable to what she called a “hostile work environment.” She wondered whether she had legal grounds to pursue this claim.

“Hostile work environment” is a phenomenon that has only recently been described by the U.S. Equal Employment Opportunity Commission because Title VII, the important thing federal law prohibiting workplace discrimination, doesn’t explicitly define “hostile work environment” or “harassment.” “

Several federal court cases decided since 1971 have created the definition of a hostile work environment. Because Title VII prohibits discrimination in terms and privileges of employment against protected classes (race, sex, religion, color or creed), any work environment in which it occurs may be a hostile work environment.

The totality of circumstances determines the hostile environment

The U.S. Equal Employment Opportunity Commission is now following the Supreme Court’s landmark decision in Harris v. Forklift Systems, which established the “totality of the circumstances” when assessing whether a hostile work environment exists.

The totality of the circumstances may include sexual harassment, more severe discipline for protected class employees than for non-class employees, ethnic slurs, or other forms of disparaging communication.

Regardless of behavior, the end result of these circumstances means the employee’s inability to perform his or her job or interference with his or her professional development. The reader’s question does not provide details describing her work environment. It only states that it faced 24 allegations of improper patient care. Most likely, such allegations alone would not rise to the level of being an example of a hostile work environment. However, if the RN was “targeted” by these allegations because of their membership in protected classes under Title VII, and other employees who were not members similarly provided inadequate care but were not at risk of termination, perhaps a different assessment could be reached for their behavior based on hostile workplace characteristics. And if, prior to this confrontation, the RN had pervasive and consistent allegations regarding patient care that resulted in the RN’s inability to provide good patient care, she may have experienced a hostile work environment.

The RN did not express any concern that she might be targeted because she was in a protected class, nor did she complain about any pervasive, consistent allegations from her nurse manager or other colleagues. However, if she expressed concerns about the way she was treated by her supervisors and/or human resources and nothing was done to stop the behavior, she may have experienced a hostile workplace.

It’s a shame that RN didn’t address the allegations made against her as part of her employer’s grievance policy. This could have resolved the situation and allowed her to continue working there, or at least leave the position on her own terms.

Seek legal advice before taking action

The question she asked highlights the importance of seeking legal advice from a nurse advocate or employee representative attorney before taking action that may not be in the employee’s best interest. Such a consultation would help the RN understand the options available in a given situation and be in the best position to successfully challenge the allegations.

At this stage the RN may still seek legal advice. It will be necessary to thoroughly describe her situation in working with the lawyer before, during and after the confrontation. She will also need to speak to a lawyer about the details of the poor patient care she allegedly provided.

A nurse may also file a hostile work environment complaint with the U.S. Equal Employment Opportunity Commission without an attorney. Her approach to detailing all the facts surrounding the situation will be required. The committee will then assess whether she experienced a hostile work environment and grant her the right to sue. At this point, she will need to hire a lawyer to represent her in the lawsuit. I have one additional comment on the question submitted by the RN. It is assumed that her working conditions did not change after being confronted with allegations regarding patient care. After learning about the allegations and submitting her resignation, she did not indicate a time frame. However, thinking that the situation would not improve, she chose to resign rather than be fired. Her resignation was therefore not voluntary. This is called constructive discharge. If this applies to her situation, legal recourse is available and she should discuss this with her lawyer during a consultation. In short, you may not be working in the best of all work environments. Your co-workers may be rude and loud, your nurse may not be the best leader, and your nurse colleagues may not be overly supportive. But this type of work environment does not rise to the level of a hostile workplace. Make sure you get the legal advice you need if you find yourself in an unbearable professional situation before you impulsively act in a way that is inconsistent with your best legal interests.

Courses related to “work environment issues”

Sexual harassment is a type of sex discrimination that’s an illegal employment practice that violates Title VII of the Civil Rights Act of 1964. The act prohibits discrimination within the workplace based on race, color, religion, national origin or gender in all facets of the employment process, from recruitment to termination of the employment contract. As a results of a 2006 Supreme Court ruling, plaintiffs wouldn’t have to prove that they suffered a final employment motion, corresponding to involuntary termination, to make a retaliation claim after filing a Title VII discrimination grievance. Employers and employees must understand the implications of Title VII within the work environment. Providing secure and effective care increasingly is determined by nurses and physicians working closely together to attain optimal patient outcomes. Agencies corresponding to the Centers for Medicare and Medicaid Services, The Joint Commission, and the Institute for Healthcare Improvement emphasize the critical need for health care professionals to speak in ways in which prevent errors and improve quality. This continuing education program discusses the importance of the nurse-physician relationship and suggests ways in which constructing an efficient nurse-physician partnership can improve patient care. Conflict is part of each work environment, including healthcare organizations. In the past, workplace conflict was considered dysfunctional, representing a breakdown in communication that either went away by itself or was resolved with someone winning and someone losing. Conflict must be an expectation in a dynamic organizational environment that, if handled properly, might be managed to attain favorable outcomes. Conflict is usually a motivator of change and development, a way of solving problems, and a dynamic force that stops stagnation. Conflict resolution is taken into account an important element of a healthy work environment and requires good communication and leadership skills to effectively take care of conflict within the workplace.