Oberman Law Firm

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Preventing Sexual Harassment in the Dental Practice

Sexual harassment in the workplace is a serious issue that can have significant legal, emotional, and financial consequences for a dental practice. Dental practice owners have a responsibility to ensure a safe, respectful, and harassment-free environment for all employees. This includes implementing policies, providing proper training, and fostering a culture of respect to prevent allegations of sexual harassment. 

Understanding Sexual Harassment in the Dental Practice 

Sexual harassment can take many forms, including: 

  • Verbal harassment: Making inappropriate comments, jokes, or remarks of a sexual nature. 
  • Physical harassment: Unwanted physical contact or behavior of a sexual nature. 
  • Non-verbal harassment: Making suggestive gestures, displaying inappropriate images, or making sexualized facial expressions. 
  • Quid pro quo harassment: Offering or implying job-related benefits in exchange for sexual favors or threatening job-related consequences for rejection. 

A dental practice owner must ensure that all employees understand what constitutes sexual harassment, how to report it, and the consequences of engaging in such behavior. 

Steps to Avoid Allegations of Sexual Harassment 

Create a Comprehensive Anti-Harassment Policy 

A clear, written anti-harassment policy should be in place and distributed to all employees. The policy should: 

  • Define what constitutes sexual harassment in the workplace. 
  • Outline acceptable and unacceptable behavior, ensuring clarity on how interactions should be respectful and professional. 
  • Explain the process for reporting harassment, ensuring employees feel comfortable coming forward without fear of retaliation. 
  • Detail the consequences of engaging in sexual harassment, which may include disciplinary action, termination, or legal consequences. 
  • Highlight that sexual harassment can occur among all levels of staff, including between coworkers, supervisors, and patients, ensuring that no one is exempt from the policy. 

Lead by Example: Foster a Culture of Respect 

As a practice owner, it is essential to lead by example. Demonstrating respectful behavior in all interactions sets the tone for the entire practice. This includes: 

  • Treating all employees and patients with dignity and respect. 
  • Avoiding inappropriate comments, jokes, or actions that could be interpreted as sexual harassment. 
  • Taking swift action to address any inappropriate behavior that you observe or is reported to you, demonstrating zero tolerance for harassment. 

Establish Clear Reporting Procedures 

Employees must know how to report harassment safely and confidentially. Ensure that your practice provides: 

  • Multiple channels for reporting harassment (e.g., to a supervisor, human resources, or an external third party). 
  • A clear process for how complaints will be handled, investigated, and resolved. 
  • A commitment to protecting employees from retaliation for reporting harassment. 
  • A defined procedure for following up on complaints to ensure that the issue is resolved appropriately. 

Make sure that employees know the steps to take if they feel uncomfortable reporting harassment directly to their supervisor, such as an anonymous hotline or external mediator. 

Provide a Formal Complaint Resolution Process 

If a sexual harassment claim is made, there must be a fair, impartial process for resolving the issue. This includes: 

  • Promptly investigating any allegations of harassment, ensuring that the investigation is thorough and confidential. 
  • Taking appropriate action based on the findings of the investigation, which could range from counseling and training to disciplinary measures or termination. 
  • Ensuring that all parties involved, including the alleged victim and the accused, are treated fairly throughout the process. 

Ensure Proper Documentation 

It is critical to document all actions that are taken in relation to sexual harassment prevention and the response to sexual harassment allocations. 

  • Keep written records of anti-harassment training sessions, including the date, content covered, and who attended. 
  • Document complaints and the actions taken to address them. 
  • Maintain records of any investigations or disciplinary actions related to harassment. 

Proper documentation will protect the practice in case of future legal challenges. 

Proper Employee Training to Prevent Sexual Harassment 

Training is one of the most effective tools in preventing sexual harassment in a dental practice. The goal of training is to ensure that all employees understand what sexual harassment is, how to prevent it, and what to do if they experience or witness it. 

Key Components of Sexual Harassment Training: 

Understanding Sexual Harassment 

  • Define sexual harassment in clear, accessible language. 
  • Explain different types of harassment (e.g., verbal, physical, visual, and quid pro quo). 
  • Discuss how sexual harassment can manifest in a dental practice, including situations with patients or coworkers. 

Identifying Harassment and Its Impact 

  • Help employees recognize subtle forms of harassment, such as jokes or gestures that may not seem severe but are inappropriate. 
  • Discuss how sexual harassment can affect the victim, the work environment, and the overall practice. Explain that harassment can undermine employee morale, disrupt team dynamics, and potentially lead to legal actions that harm the practice. 

Reporting Mechanisms 

  • Train employees on the specific reporting procedures at your practice. 
  • Emphasize that employees should report harassment as soon as it occurs and assure employees that their concerns will be taken seriously and handled confidentially. 
  • Encourage employees to report any harassment they witness, not just what happens to them personally. 

Preventing Retaliation 

  • Train employees and management on the prohibition of retaliation. Ensure that employees understand that retaliation against anyone who reports harassment is illegal and will not be tolerated. 
  • Provide clear examples of what constitutes retaliation and emphasize the importance of maintaining a supportive and respectful work environment for all employees. 

Bystander Intervention 

  • Encourage employees to speak up if they witness harassment. Teach employees that they have a role in fostering a respectful environment and can help prevent harassment by intervening or reporting inappropriate behavior. 
  • Provide strategies for bystanders to intervene safely and appropriately. 

Regular Refresher Training 

  • Sexual harassment prevention training should not be a one-time event. Instead, refresher training sessions should be held periodically (e.g., annually) in order to reinforce the importance of maintaining a harassment-free environment. 
  • Use real-world examples, case studies, and role-playing exercises to keep training relevant and engaging. 

Conclusion 

Sexual harassment is a serious issue that every dental practice owner must address proactively. By establishing clear anti-harassment policies, fostering a culture of respect, implementing effective reporting and resolution procedures, and providing ongoing employee training, you can significantly reduce the risk of harassment claims. Proper training ensures that employees are equipped with the knowledge and resources they need to maintain a safe, professional, and respectful work environment. By taking these steps, dental practice owners not only protect their employees but also safeguard the reputation and success of their practice.  

About Us
Oberman Law Firm represents clients in a wide range of practice areas, including private equity, M&A, healthcare, corporate transactions, intellectual property, data privacy and security, regulatory compliance and governance, cross-border transactions, labor and employment, construction law, litigation, private clients’ services, corporate restructuring, and white-collar and governmental disputes.

As a firm, we offer the highest quality legal advice coupled with extraordinary and tailored service to deliver exceptional results to our clients. Our philosophy is to invest deeply in the brightest legal talent and build dynamic teams that operate at the pinnacle of respective practice areas. We believe in empowering our attorneys, encouraging entrepreneurialism, operating ethically and with integrity, and collaborating to bring the very best to every client engagement. These principles have guided us in building extraordinary and successful long-term partnerships with our clients.

Author(s)

Stuart J. Oberman, Esq.
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