Even though working in the medical field is far different than being in a corporate setting, the same federal and state employment laws apply. Especially as a doctor, you are held to strict professional and ethical standards. So, being seen as responsible for fostering a hostile work environment in your private practice, hospital workplace, etc., can get you in trouble with higher entities than the internal Human Resources department. With all that being said, please read on to discover whether you can lose your medical license over accusations of creating a hostile work environment, and how one of the seasoned New York physician defense lawyers at Walker Medical Law can help put a stop to this outcome.
What is considered a hostile work environment under New York employment law?
By its general legal definition, a hostile work environment exists when an employee is made the victim of harassment based on being a member of a protected class, such as race, national origin, religion, sex, sexual orientation, gender identity, age, disability, or pregnancy. Per New York’s legal standards, such harassment may go beyond petty slights or trivial inconveniences but be below severe or pervasive behaviors and actions.
Nonetheless, an employee may be made to feel uncomfortable in this atmosphere, and their job performance is ultimately disrupted. Without further ado, below are specific examples of how a physician may manifest a hostile work environment for their colleagues, nurses, administrative staff, etc.:
- A physician may repeatedly yell at or belittle staff members in front of patients.
- A physician may make unwelcome sexual advances toward staff members.
- A physician may refuse to work with certain staff members and disrupt workflow.
- A physician may constantly assign undesirable tasks to a certain staff member.
As a doctor, can I be punished for creating a hostile work environment?
As New York Education Law states, physicians may face disciplinary action by the Office of Professional Medical Conduct (OPMC) or Office of Professional Discipline (OPD) for being found guilty of any incident of professional misconduct. Now, creating a hostile work environment may constitute professional misconduct if it is evidence of your moral unfitness to practice medicine.
That is, in the complaint made against you, there may be evidence that you harassed, discriminated against, retaliated against, or abused someone on your staff. So, the OPMC or OPD Board may seriously question your capacity to inflict the same behaviors and actions against a patient.
What’s more, when you are found harming your staff’s well-being, it can be argued that you directly or indirectly compromise your patient care practices. For example, if you refuse to collaborate with certain employees, there may be miscommunication regarding your patient, and medical errors are more likely. Or, if you lose your temper and scream, throw items, etc., you may make your patients fear for their safety.
There is no shame in asking for help, especially when you are dealing with something as serious as a legal matter that could affect your physical, emotional, and financial well-being. So please retain legal assistance from one of the competent New York physician defense lawyers from Walker Medical Law. We will happily lend a hand.
