SEXUAL HARASSMENT PREVENTION TRAINING

Steven Malen, PharmD, MBA

Dr. Steven Malen graduated with a dual degree: Doctor of Pharmacy (PharmD) and Master of Business Administration (MBA) from the University of Rhode Island. Over his career, he has worked as a clinical pharmacist in the retail, specialty, and compounding sectors. He specialized and taught on topics from vaccines to veterinary compounding. Dr. Malen has also written a science fiction novel and taught and co- founded the concept of Patient Empowered Blockchain (P.E.B.). Currently, Dr. Malen continues to write, teach, and consult various companies in the healthcare sector.

 

Topic Overview

Individuals should be free from sexual harassment in society and the workplace. Sexual harassment is a form of unlawful discrimination and has expanded into digital communications. To combat sexual harassment, individuals understand what kind of conduct constitutes sexual harassment. Employers are charged with preventing, investigating, and correcting sexual harassment. When sexual harassment occurs, the victim has available remedies. These areas will be discussed along with the history of sexual harassment law in the United States and examples of what constitutes sexual harassment will be given.

 

Accreditation Statement:

 

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RxCe.com LLC is accredited by the Accreditation Council for Pharmacy Education (ACPE) as a provider of continuing pharmacy education.

 

Universal Activity Number (UAN): The ACPE Universal Activity Number assigned to this activity is 

Pharmacist 0669-0000-23-060-H99-P

Pharmacy Technician 0669-0000-23-061-H99-T

Credits: 1 hour of continuing education credit

 

Type of Activity: Knowledge

Media: Internet/Home study Fee Information: $4.99

 

Estimated time to complete activity: 1 hour, including Course Test and course evaluation

 

Release Date: April 21, 2023 Expiration Date: April 21, 2026

 

Target Audience: This educational activity is for pharmacists.

 

How to Earn Credit: From April 21, 2023, through April 21, 2026, participants must:

 

Read the “learning objectives” and “author and planning team disclosures;”

Study the section entitled “educational activity;” and

Complete the Course Test and Evaluation form. The Course Test will be graded automatically. Following successful completion of the Course Test with a score of 70% or higher, a statement of participation will be made available immediately. (No partial credit will be given.)

Credit for this course will be uploaded to CPE Monitor®.

 

Learning Objectives: Upon completion of this educational activity, participants should be able to:

 

Summarize relevant federal and state statutory provisions (using Illinois statutes) concerning sexual harassment

Provide examples of conduct that constitutes unlawful sexual harassment

Describe remedies available to victims of sexual harassment

Describe the responsibilities of employers in preventing, investigating, and correcting sexual harassment.

 

Disclosures

 

The following individuals were involved in the development of this activity: Steven Malen, PharmD, MBA, and Pamela Sardo, PharmD, BS. Pamela Sardo, Pharm.D., B.S., was an employee of Rhythm Pharmaceuticals until March 2022 and has no conflicts of interest or relationships regarding the subject matter discussed. There are no financial relationships relevant to this activity to report or disclose by any of the individuals involved in the development of this activity.

 

© RxCe.com LLC 2023: All rights reserved. No reproduction of all or part of any content herein is allowed without the prior, written permission of RxCe.com LLC.

Introduction

 

Individuals should be free from sexual harassment in society and in the workplace. Sexual harassment is a form of unlawful discrimination. Individuals should be educated on the definition of sexual harassment, the relevant federal and state statutory provisions concerning sexual harassment, and the remedies available to victims of sexual harassment. In order to combat sexual harassment in the workplace, employers are charged with preventing, investigating, and correcting sexual harassment. These areas will be discussed along with the history of sexual harassment law in the United States and examples of what constitutes sexual harassment will be given.

 

History of Sexual Harassment Law in the US

 

The term sexual harassment was first introduced into the workplace vocabulary in the 1970s by Cornell University lecturer Lin Farley.1-3 Federal law about sexual harassment began in 1972 with the passage of Title IX. Title IX made it illegal for any education program or activity to discriminate on the basis of sex if the program or activity receives federal funds, including federally insured student loans.2 This law protects students, faculty, and other education employees from discrimination.

 

Thereafter, court cases expanded the reach of Title VII of the Civil Rights Act of 1964, making sexual harassment illegal, as a form of sex discrimination, in the workplace.2,4 Sexual harassment was first recognized in court cases in which women were terminated at work because they rejected sexual advances from their employers,4 e.g., Williams v. Saxbe,5 and Barnes v. Costle.6 These cases involved women who were asked to perform sexual acts in exchange for keeping their jobs. This is known as quid pro quo, which is a Latin phrase that translates as “this for that.” The courts found that this coercive behavior violated Title VII of the 1964 Civil Rights Act.4

 

In the 1980s, courts found that a hostile work environment could rise to the level of harassment, e.g., Bundy v. Jackson,7 Henson v. City of Dundee,8 and Meritor Savings Bank v. Vinson.9 The elements of quid pro quo and hostile

work environments were incorporated into the guidelines issued by the Equal Employment Opportunity Commission in 1980.4

 

In 1993, the U.S. Supreme Court ruled that victims of sexual harassment did not have to prove that they suffered physical or psychological injury from the harassing conduct.10 Thereafter, in 1998, the U.S. Supreme Court ruled that employers may be vicariously liable for sexual harassment by an employee against another employee in the workplace.11,12 In order to avoid liability, employers must show that they took prompt action in response to the harassment complaint and to stop the harassment. Again, in 2005, the Supreme Court made it illegal to punish an employee for reporting sexual harassment and discrimination.13

 

The above rules may operate under Title VII and Title IX. In other words, both Titles may apply concurrently to a person who is an employee and a student.2

 

Sexual Harassment Under the Illinois Human Rights Act

 

States have also taken action to protect citizens from sexual harassment. For example, the State of Illinois passed the Illinois Human Rights Act (IHRA) in 1979.14 The Act provides courts with a basis for protecting employees from sexual harassment.15 Similar to the federal rules, the IHRA identifies two forms of sexual harassment.16

 

Hostile Work Environment

 

A hostile work environment is present when conduct that rises to the level of sexual harassment substantially interferes with a person’s work performance.16 For example, a hostile work environment exists when a co- worker, supervisor, or non-employee in the workplace carries out unwanted deliberate or repeated sexual behavior, displays sexually suggestive objects, signs, or pictures, makes unwelcome sexual gestures, touching, or pinching, makes sexual innuendos or tells sexual stories, acts out unwelcome hugging,

kissing, patting, or stroking, makes unwelcome sexual teasing, telephone calls, or displays materials of a sexual nature.16

 

Quid Pro Quo

 

Quid pro quo means “this for that,”4 or as the Illinois Department of Human Rights says, quid pro quo is “something for something.”16 Quid pro quo sexual harassment occurs when a person’s hiring, employment status, or promotion is conditioned on submitting to unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature.16 Quid pro quo sexual harassment may be explicit or implicit.16 Quid pro quo sexual harassment includes “suggesting to an individual that it is possible to be hired, promoted, or be advanced in the job if that person allows sexual favors; asking a person to submit to unwelcome sexual advances or requests for sexual favors as a condition of hiring, promotion, or advancement in the job; denying hire, promotion, or advancement in the job because the person has refused dates, sexual advances, or requests for sexual favors.”16

 

In order to broaden awareness of sexual harassment in the workplace and its needed prevention, the State of Illinois passed the Workplace Transparency Act.17 The Illinois Workplace Transparency Act was passed in the summer of 2019. This law increased employee protections against discrimination in the workplace and required employers to provide sexual harassment prevention and bystander training on an annual basis. The law also requires employers to keep records of sexual harassment prevention training provided to employees.17

 

Defining Sexual Harassment

 

Under federal law, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.18,19 Simple teasing, offhand comments, or isolated incidents that are not very serious are not harassment but they can become illegal when it is so frequent or severe that it creates a hostile or offensive

work environment or when it results in an adverse employment decision, such as the victim being fired or demoted.19

 

Sexual harassment does not apply to consensual relationships in the workplace.2 Employers may ban consensual relationships in the workplace but this is not mandated by federal or state law.2

 

Sexual harassment can come from a direct supervisor, a supervisor in another area or department, a co-worker, or someone who is not an employee of the employer, such as a client or customer.19-21 The theory here is that the employer is responsible for creating a safe work environment and has a duty to take reasonable corrective measures when harassment is reported.21

 

Under the Illinois Human Rights Act, sexual harassment is defined as “any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment,

(2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.”16,19 To be unlawful under the Act, the conduct must be severe or pervasive, creating an abusive or hostile environment. Whether an environment is abusive or hostile is judged objectively.22

 

The Act also makes it unlawful to retaliate against a person who reports sexual harassment or files a complaint against an employer.22 The Act is consistent with federal rules prohibiting retaliation against persons who reports sexual harassment.13

 

When sexual harassment occurs, it is a violation of the victim’s civil rights under the Illinois Human Rights Act.21 Nonemployees who are directly performing services for the employer pursuant to a contract with that employer are also covered by this Act.21 This means that employees and nonemployees can be perpetrators or victims of sexual harassment.21

Examples of Sexual Harassment

 

Many situations could be considered sexual harassment. They can be verbal, non-verbal, or physical.19-21,23-26 It is not possible to make a comprehensive list of actions or situations that constitute sexual harassment but some examples are useful to guide an understanding of conduct that is considered sexual harassment.

 

Verbal Sexual Harassment

 

Making suggestive comments, innuendoes, or jokes of a sexual nature;

Making sexual propositions;

Lewd or threatening remarks;

Requests for sexual favors;

Repeatedly asking for a date when the requests are unwelcome;

Verbal sexual abuse that is unwelcome;

Kidding in a manner that is sexual in nature and unwelcome;

Making offensive or abusive comments about someone's gender or sexual orientation

 

Nonverbal Sexual Harassment

 

Distributing, displaying or discussing graphic written material that is sexual in nature, which may include calendars, posters and cartoons;

Distributing, displaying or discussing written material, including calendars, posters and cartoons that show hostility toward an individual or group because of sex or sexual orientation;

Suggestive or insulting sounds, leering, staring, whistling, obscene gestures, content in letters, notes, emails, photos, text messages, tweets and internet postings;

Other forms of communication that are sexual in nature and offensive.

Physical Sexual Harassment

 

Unwelcome, unwanted physical contact, including touching, tickling, pinching, patting, brushing up against, hugging, massaging, cornering, kissing, fondling, and forced sexual intercourse or assault.

Preferential treatment or promises of preferential treatment to an employee for submitting to sexual conduct, including soliciting or attempting to solicit any employee to engage in sexual activity for compensation or reward, e.g., quid pro quo;

Subjecting, or threats of subjecting, an employee to unwelcome sexual attention or conduct or intentionally making the performance of the employee's job more difficult because of that employee’s sex.

Threatening or retaliating against someone for rejecting or complaining about unwanted sexual conduct

 

Application of Sexual Harassment Laws in the Workplace

 

Under federal law, Title VII applies to employers with 15 or more employees.19,20 State laws may have broader application. For example, under Illinois law, an employer with one or more employees is covered by the Illinois Human Rights Act.27

 

Sexual harassment is far-reaching and not limited to one group or place. Some examples of groups or environments that may be affected include the following:26,28,29

 

Working Environment – Physical location can include off-site, mobile, or remote work sites.

Online – Sexual harassment can occur off-the-clock and through online media (blog posts, Facebook, Twitter, Instagram, LinkedIn, Snapchat, etc.)

Nonemployees – includes patrons, vendors, and service providers

Sexual Orientation – all persons can be victims regardless of the sexual orientation of the victim or perpetrator

Gender Identity – all persons can be victims regardless of their gender identity

Third-Party/Bystander – sexual harassment can affect not only the victim but also third parties or bystanders

 

Prevalence of Sexual Harassment

 

Recent evidence suggests that sexual harassment is not uncommon in healthcare organizations and is not decreasing with time.30 The authors suggest that more time-trend data is needed for clear determinations.30,31 Based on current data, the predominant victims are women, and the predominant accused are men. A minority of the instances reported involved the accused in a supervisory position over complainants. Almost half of the allegations occurred among people in peer positions. Electronic or digital harassment has also become more frequent.29,30

 

Preventing Sexual Harassment

 

Preventing sexual harassment begins with looking at business or organizational culture.32 The culture of an organization may intentionally or unintentionally encourage sexual harassment.32 In order to change, encourage or maintain a culture that does not tolerate or allow sexual harassment in the workplace, the employer or organization must prevent sexual harassment in their workplaces, investigate incidents of sexual harassment, and correct the incidence of sexual harassment by changing the organizational culture. These goals may be accomplished by doing the following:31-33

 

Develop a policy prohibiting sexual harassment

Implement and communicate the anti-sexual harassment policy

Provide training for managers and employees on sexual harassment prevention

Make sure all employees or covered non-employees know how to report incidents of sexual harassment

 

The managers and supervisors should be the eyes and ears of the organization and they should be aware of the conduct of personnel within their supervision. They must also lead by example by modeling appropriate conduct and refraining from inappropriate conduct of a sexual nature. The culture of the workplace should be reviewed regularly, and staff should discuss the progress.32,33

 

In addition, sexual harassment has expanded and grown into digital or electronic communications.29 Preventing digital harassment differs greatly from traditional, non-digital harassment. Physical harassment often takes place out of the view of the employer or supervisor, whereas digital harassment occurs on an employer’s communication platform. The employer has the right, and possibly the obligation, to monitor employee communications and ensure that harassment is not occurring. For example, the employer could utilize technology that monitors and even blocks offending or inappropriate digital communications.29

 

Rihal, et al. (2019) described the Mayo Clinic’s approach to preventing sexual harassment in the medical field.30 A range of corrective actions should be implemented depending on the nature and severity of the infractions.30 The authors concluded that to address the problem adequately, policies and procedures against sexual harassment need to be promulgated and implemented across the organization. However, this is not enough: comprehensive and fair investigations that lead to appropriate action are also necessary components. Additionally, leaders with strong values and support for their healthcare organizations are crucial for creating and maintaining a culture with a safe environment that is conducive to addressing sexual harassment occurrences.30

 

In an article by Dzau and Johnson (2018), the authors addressed sexual harassment in academic medicine.31 The authors argued that sexual harassment is a major problem in academic medicine and that it undermines

the integrity of the academic enterprise and the well-being of individuals. They also noted that the problem is not confined to a particular gender or generation and that it affects men and women. They also stressed the importance of creating a culture of zero-tolerance for sexual harassment in academic medicine.

 

The authors state that academic medical centers have a responsibility to do the following:

 

Create a culture of respect and guarantee that all members of their community are treated with dignity.

Establish clear policies and procedures for reporting and investigating sexual harassment.

Provide support and resources for those who have experienced harassment.

Provide training and education to help prevent sexual harassment and promote a culture of respect.

 

When employers take preventative and corrective measures reasonably calculated to end the harassment, the courts have provided them with protection from liability.29 The principle behind this protection is that an employer may be unable to prevent the harassment from occurring but the employer can take subsequent measures to ensure that the sexual harassment does not continue.29 Once an employer receives a report of sexual harassment, the employer must provide an effective grievance process that addresses the harassment in a fair and timely manner. This highlights the importance of implementing the prevention measures described and enumerated above.

 

Reporting Sexual Harassment

 

An essential part of changing workplace culture so that sexual harassment is not allowed requires that incidents of sexual harassment are reported. Organizations that have a zero-tolerance toward sexual harassment

must also ensure that incidents are reported if they want to maintain a harassment-free environment.34

 

The reality here is that very few employees report incidences of sexual harassment.34 According to the EEOC, each year, an estimated 5 million employees are sexually harassed at work. Only 0.2% will file formal charges: “The overwhelming majority (99.8%) of people who experience sexual harassment at work never file formal charges.”34 This should not be as surprising as it seems since 68% of reports of sexual harassment include the additional allegation that the employer retaliated against the employee for reporting the incident.34 Retaliation is evidence that the “culture” of the workplace needs to change.

 

As mentioned above, bystanders - individuals who witness sexual harassment in the workplace - may be negatively impacted by it.35,36 The issue that arises for bystanders is if, when, and how they should report incidences of sexual harassment that they witness.36 Bystanders often do not act because they are uncertain about what they have observed. In addition, they do not believe they can be effective, or effect change or they do not know what to do when they witness sexual harassment.36

 

This is where training and education can help.31-33 The training and education must focus on defining sexual harassment so the bystander is more confident about identifying incidents of sexual harassment. Moreover, training all employees and covered non-employees on how to report incidents of sexual harassment will help bystanders know what to do when they observe it.31-33 When an organization has a zero-tolerance culture for sexual harassment, bystanders are more likely to believe their actions will effect change.32

 

Investigating Sexual Harassment

 

Once sexual harassment has been reported, the employer must investigate and follow up on the complaint. All complaints should be investigated promptly and confidentially. An employer may consider using an

outside investigator to evaluate the complaint, especially in smaller workplace settings.37

 

Rihal, et al. (2020) outlined the Mayo Clinic’s approach to the investigation of and response to allegations of sexual harassment in the workplace.30 Sexual harassment can have a long-lasting psychological impact on victims, impair working relationships, damage the cultural environment, increase costs, and ultimately threaten an organization's mission.30

 

Remedies for Victims of Sexual Harassment

 

State and federal laws protect employees from sexual harassment in the workplace and provide a legal remedy for the affected employees to seek justice. Remedies include the following:

 

Internal complaint - Many employers have internal complaint procedures to report and resolve sexual harassment.

Filing a complaint with the Illinois Department of Human Rights (IDHR)

 

IDHR is the state agency responsible for enforcing the Illinois Human Rights Act (IHRA)

Must file a charge within 300 days

To file a charge, call IDHR or visit them online:

 

1-800-662-3942

www.ILLINOISE.GOV/DHR

 

Filing a complaint with the Equal Employment Opportunity Commission (EEOC)

 

The EEOC is the federal agency responsible for enforcing Title VII of the Civil Rights Act of 1964.

To file a charge, call or visit online:

1-800-669-4000

www.EEOC.GOV

 

File a complaint within 180 calendar days from the day the discrimination took place. The 180-day deadline may be extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis.

 

Filing a lawsuit in court: Victims of sexual harassment in Illinois can also file a lawsuit in court under the IHRA.

 

Negotiating a settlement: In some cases, victims of sexual harassment may be able to negotiate a settlement with their employer. This settlement may include a monetary payout and an agreement to change the employer's policies and procedures to prevent future incidents of sexual harassment.

 

Employer’s Liability for Sexual Harassment

 

As stated above, employers have a responsibility for the prevention, investigation, and correction of sexual harassment in the workplace under federal and state law. When they fail in this responsibility, they can be liable to the victim under Title VII, if they meet the threshold, e.g., the organization employs 15 or more.2,19,20

 

Under Illinois law, if a manager or supervisor harasses an employee, the employer is strictly liable regardless of whether the employer knew of the harassment.37 If a co-worker or nonemployee harasses an employee or contractor, the employer may be liable for sexual harassment only if the employer knew or reasonably should have known of the harassment and failed to take prompt corrective action.38

Summary

 

Under federal law, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Sexual harassment. They can be verbal, non-verbal, or physical. It has also grown in recent decades within digital or electronic communications.

 

Preventing sexual harassment begins with looking at business or organizational culture. The culture of an organization may intentionally or unintentionally encourage sexual harassment. In order to change, encourage or maintain a culture that does not tolerate or allow sexual harassment in the workplace, the employer or organization must prevent sexual harassment in their workplaces, investigate incidents of sexual harassment, and correct the incidence of sexual harassment by changing the organizational culture.

Course Test

 

What federal law prohibits sexual harassment in the workplace?

 

The Americans with Disabilities Act

The Civil Rights Act of 1964

The Family and Medical Leave Act

The Fair Labor Standards Act

 

A hostile work environment is present

 

if a person teases a co-worker one time.

if a person makes a single offhand comment.

even if the alleged harassment is isolated and not severe.

if a person deliberately or repeatedly hugs a co-worker when the coworker does not want to be hugged by that person.

 

Under Illinois law, which of the following incidents of sexual harassment results in strict liability for the employer?

 

A non-employee contractor telling off-color jokes in the break room

A supervisor giving an employee a poor performance review because the employee refused the supervisor’s sexual advances

A customer making inappropriate comments to an employee

A co-worker repeatedly asks a supervisor for a date

 

Which of the following is an example of verbal sexual harassment?

 

Refusing an offer for a date

Telling jokes

Repeatedly asking for a date when the requests are unwelcome

Hugging a coworker

 

True or False: Circulating a cartoon in the workplace that is sexually graphic is not illegal because cartoons are presumed to be not serious and are protected speech.

 

True

False

How long does an individual have to file a sexual harassment complaint with the Illinois Department of Human Rights (IDHR)?

 

180 days

300 days

2 years

90 days

 

Which of the following is an employer NOT required to do in regard to preventing sexual harassment in the workplace?

 

Providing training for all employees on sexual harassment prevention

Investigating all reported incidents of sexual harassment

Banning consensual relationships between employees.

Taking appropriate action to prevent future sexual harassment

 

Which of the following statements best describes quid pro quo in the context of sexual harassment?

 

A type of sexual harassment where the harasser demands sexual favors in return for job promotions or other benefits

A type of sexual harassment where the harasser makes offensive comments about a person's appearance

A type of sexual harassment where the harasser physically touches a person without their consent

A type of sexual harassment where the harasser makes threats or uses intimidation tactics

 

The Illinois Workplace Transparency Act

 

only applies to employers with 15 or more employees.

redefined a hostile work environment, making it subjective, and eliminating the need for an objectively hostile environment.

requires bystanders to report sexual harassment they witness.

requires employers to provide sexual harassment prevention and bystander training.

 

True or False: To be unlawful under the Illinois Human Rights Act, the conduct must be severe or pervasive and create an objectively abusive or hostile environment.

 

True

False

References

 

Farley Lin. Sexual Shakedown: The Sexual Harassment of Women on the Job. New York: McGraw-Hill; 1978.

National Academies of Sciences, Engineering, and Medicine; Policy and Global Affairs; Committee on Women in Science, Engineering, and Medicine; Committee on the Impacts of Sexual Harassment in Academia; Benya FF, Widnall SE, Johnson PA, editors. Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine. Washington (DC): National Academies Press (US); 2018 Jun 12. 5, Legal and Policy Mechanisms for Addressing Sexual Harassment. https://www.ncbi.nlm.nih.gov/books/NBK519453/. Accessed April 17, 2023.

McLaughlin H, Uggen C, Blackstone A. SEXUAL HARASSMENT, WORKPLACE AUTHORITY, AND THE PARADOX OF POWER. Am Sociol Rev. 2012;77(4):625-647. doi:10.1177/0003122412451728

National Academies of Sciences, Engineering, and Medicine; Policy and Global Affairs; Committee on Women in Science, Engineering, and Medicine; Committee on the Impacts of Sexual Harassment in Academia; Benya FF, Widnall SE, Johnson PA, editors. Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine. Washington (DC): National Academies Press (US); 2018 Jun 12. 2, Sexual Harassment Research. https://www.ncbi.nlm.nih.gov/books/NBK519455/. Accessed April 19, 2023.

Williams v. Saxbe, 413 F. Supp. 654 (D.C. Cir. (1976).

Barnes v. Costle, 561 F.2d 983, 987 (D.C. Cir. 1977).

Bundy v. Jackson, 641 F.2d 934 (D.C. Cir. 1981).

Henson v. City of Dundee, 682 F.2d 897, 903-05 (1lth Cir. 1982).

Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986).

Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993).

Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998).

Faragher v. City of Boca Raton, 524 U.S. 775 (1998).

Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005).

Illinois Human Rights Act (IHRA), 775 Ill. Comp. Stat. 5/1-101 et seq.,

Geise v. Phoenix Co. of Chicago, 159 Ill. 2d 507 (1994).

Illinois Department of Human Rights. Sexual Harassment in Employment is Illegal. Undated. https://www.niu.edu/hrs/_files/notices/sexual-harassment-in- employment-poster.pdf. Accessed April 19, 2023.

Workplace Transparency Act. Illinois Public Act 101-0221.

Bissell BD, Johnston JP, Smith RR, et al. Gender inequity and sexual harassment in the pharmacy profession: Evidence and call to action. Am

J Health Syst Pharm. 2021;78(22):2059-2076. doi:10.1093/ajhp/zxab275.

U.S. Equal Employment Opportunity Commission. Sexual Harassment. Undated. https://www.eeoc.gov/sexual-harassment. Accessed April 20, 2023.

U.S. Equal Employment Opportunity Commission. Fact Sheet: Sexual Harassment Discrimination. 1997. https://www.eeoc.gov/laws/guidance/fact-sheet-sexual-harassment- discrimination. Accessed April 20, 2023.

Crist v. Focus Homes, Inc., 122 F.3d 1107 (8th Cir. 1997).

State of Illinois Human Rights Commission. Frequently Asked Questions

- The Illinois Human Rights Act: Coverage and Enforcement. 2023. https://hrc.illinois.gov/process/faqs.html#:~:text=Hostile%20environm ent%3A%20This%20usually%20does,often%20referred%20to%20as% 20harassment. Accessed April 21, 2023.

U.S. Equal Employment Opportunity Commission. Policy Guidance on Current Issues of Sexual Harassment. 1990. https://www.eeoc.gov/laws/guidance/policy-guidance-current-issues- sexual-harassment. Accessed April 20, 2023.

U.S. Equal Employment Opportunity Commission. Policy Guidance on Employer Liability under Title VII for Sexual Favoritism. 1990. https://www.eeoc.gov/laws/guidance/policy-guidance-current-issues- sexual-harassment. Accessed April 20, 2023.

U.S. Equal Employment Opportunity Commission. Enforcement Guidance on Harris v. Forklift Sys. Inc. 1994. https://www.eeoc.gov/laws/guidance/policy-guidance-current-issues- sexual-harassment. Accessed April 20, 2023.

Pennsylvania State Police v. Suders, 542 U.S. 129 (2004).

Illinois Public Act 101-0430.

Feldblum CR, Lipnic VA. Select Task Force on the Study of Harassment in the Workplace. U.S. Equal Employment Opportunity Commission. EEOC. 2016. https://www.eeoc.gov/select-task-force-study-

harassment-workplace. Accessed April 20, 2023.

Donald P. Harris, Daniel B. Garrie & Matthew J. Armstrong, Sexual Harassment: Limiting the Affirmative Defense in the Digital Workplace, 39 U. MICH. J. L. REFORM 73. 2005.

https://repository.law.umich.edu/mjlr/vol39/iss1/4. Accessed April 20, 2023.

Rihal CS, Baker NA, Bunkers BE, et al. Addressing Sexual Harassment in the #MeToo Era: An Institutional Approach. Mayo Clin Proc. 2020;95(4):749-757. doi:10.1016/j.mayocp.2019.12.021

Dzau VJ, Johnson PA. Ending sexual harassment in academic medicine.

N Engl J Med. 2018;379(16):1589-1591.

Miedema B, MacIntyre L, Tatemichi S, et al. How the medical culture contributes to coworker-perpetrated harassment and abuse of family physicians. Ann Fam Med. 2012;10(2):111-117. doi:10.1370/afm.1341

U.S. Equal Employment Opportunity Commission. Questions & Answers for Small Employers on Employer Liability for Harassment by Supervisors. 1999. https://www.eeoc.gov/laws/guidance/questions- answers-small-employers-employer-liability-harassment-supervisors. Accessed April 20, 2023.

McCann C, Tomaskovic-Devey D, Badgett MVL. Employer's Responses to Sexual Harassment. Center for Employment Equity. University of Massachusetts Amherst. Undated. https://www.umass.edu/employmentequity/employers-responses- sexual-harassment. Accessed April 20, 2023.

Henson B, Fisher BS, Reyns BW. There Is Virtually No Excuse: The Frequency and Predictors of College Students' Bystander Intervention Behaviors Directed at Online Victimization. Violence Against Women. 2020;26(5):505-527. doi:10.1177/1077801219835050

Parrott DJ, Swartout KM, Tharp AT, Purvis DM, Topalli V. Speak Up! Prosocial Intervention Verbalizations Predict Successful Bystander Intervention for a Laboratory Analogue of Sexual Aggression. Sex Abuse. 2020;32(2):220-243. doi:10.1177/1079063218821121

Illinois Statutes Chapter 775. Human Rights § 775 Illinois Compiled Statutes (ILCS), 5/2-101, (E).

Illinois Statutes Chapter 775. Human Rights § 775 Illinois Compiled Statutes (ILCS), 5/2-102, (D) and (D-5).

 

DISCLAIMER

 

The information provided in this course is general in nature, and it is solely designed to provide participants with continuing education credit(s). This course and materials are not meant to substitute for the independent, professional judgment of any participant regarding that participant’s professional practice, including but not limited to patient assessment, diagnosis, treatment, and/or health management. Medical and pharmacy practices, rules, and laws vary from state to state, and this course does not cover the laws of each state; therefore, participants must consult the laws of their state as they relate to their professional practice.

 

Healthcare professionals, including pharmacists and pharmacy technicians, must consult with their employer, healthcare facility, hospital, or other organization, for guidelines, protocols, and procedures they are to follow. The information provided in this course does not replace those guidelines, protocols, and procedures but is for academic purposes only, and this course’s limited purpose is for the completion of continuing education credits.

 

Participants are advised and acknowledge that information related to medications, their administration, dosing, contraindications, adverse reactions, interactions, warnings, precautions, or accepted uses are constantly changing, and any person taking this course understands that such person must make an independent review of medication information

prior to any patient assessment, diagnosis, treatment and/or health management. Any discussion of off-label use of any medication, device, or procedure is informational only, and such uses are not endorsed hereby.

 

Nothing contained in this course represents the opinions, views, judgments, or conclusions of RxCe.com LLC. RxCe.com LLC is not liable or responsible to any person for any inaccuracy, error, or omission with respect to this course, or course material.

 

ⓒ RxCe.com LLC 2023: All rights reserved. No reproduction of all or part of any content herein is allowed without the prior, written permission of RxCe.com LLC.