Female patients, in particular, should not be asked to remove their brassieres unless the doctor is examining the breast tissue, even if the patients are gowned. In addition, when performing procedures near sensitive areas, it is often advisable to have a female patient fold a towel in thirds and have the patient cover their breasts. The idea is to reinforce modesty. Most of the sexual misconduct complaints could be avoided if the doctors follow these simple procedures. Once the female employee chooses to terminate the sexual relationship, any further requirement of sexual favors by the doctor is sexual harassment because it is not welcome.
Sexual harassment can take two forms.
Not only can the employee submitting to sexual favors be able to claim damages, but other qualified female employees may claim they were also entitled to the pay or promotions received by the female employee providing the sexual favors. Claims of quid pro quo harassment are not uncommon. Even if the doctor was joking, it is precisely this type of insensitive behavior which gives rise to legal claims. Even when an employee is not required to submit to sexual favors in return for specific terms or conditions of employment, a doctor can be accused of sexual harassment. When gender-based conduct in the work environment is pervasive or severe, and the conduct unreasonably interferes with the female employee's work performance, there may exist a hostile or offensive working environment.