November 1996
November 1999 (revised)
November 2002 (revised)
November 2005 (reaffirmed)

Statement of the Issue

Healthcare executives have a professional responsibility to provide a work environment that protects staff from inappropriate behavior. To this end, healthcare executives have a responsibility to create an organizational culture that clearly conveys zero tolerance for harassment and aggression and to implement and enforce policies prohibiting them. Furthermore, healthcare executives must provide the necessary resources and mechanisms to safeguard against such behaviors.

Harassment and aggression in the workplace may cause physical and emotional repercussions. Besides the potential legal consequences of such activity, harassment and aggression can be linked to a loss of productivity, absenteeism, turnover, low morale, lack of trust, communication breakdowns, and long-term career and psychological damage.

Policy Position

The American College of Healthcare Executives believes that all healthcare executives have a professional and ethical responsibility to promote a workplace that is free from harassment on the basis of gender, sexual orientation, age, race, ethnicity, religion, national origin, disability, or any other personal characteristic, and to demonstrate zero tolerance for harassment and aggression. On behalf of their employing organizations, healthcare executives must further realize that they are responsible for implementing policy and monitoring compliance among their managers. To this end, healthcare executives should promote multifaceted programs in their organizations to prevent harassment and aggression, and employees should be encouraged to avoid or limit the harm from harassment and aggression. Sample program components include, but are not limited to, the following:

Clearly articulated policy against harassment and aggression. The policy should define "harassment" (preferably as defined by the Equal Employment Opportunity Commission—EEOC) and "aggression" and explicitly state that neither behavior is tolerated in the organization. The policy might include examples of prohibited conduct, delineate methods for making and investigating complaints, state that retaliation is prohibited and no reprisals will be taken against any employee filing a complaint under this policy, and provide that appropriate corrective action will be taken. The policy should be incorporated into the employee handbook as well as discussed in new employee orientation.

Employee training on harassment and aggression and their prevention. Training should be conducted by human resources staff or other individuals who have a technical and legal understanding of the issues, in addition to demonstrated ability to stimulate discussion about this sensitive topic. Training should be conducted with the goals of: raising awareness of harassment and aggression, clarifying misconceptions about what constitutes harassment and aggression, explaining the manager’s role and responsibility in providing a safe and supportive work environment, and finally, sharing the specifics of the organization’s policy prohibiting harassment and aggression.

Procedure for reporting allegations of harassment and aggression. The procedure should provide as much confidentiality as possible for both the complaining employee and the person accused of these behaviors. Employees should be protected from retaliation for filing a complaint or appearing as a witness in a harassment or aggression investigation. Further, if the procedure requires employees to make initial complaints to their supervisors, an alternate person should be designated to handle complaints when the supervisor is the alleged harasser or aggressor. Supervisors should be required to report all complaints and be made aware of liability for failing to do so.

Procedure for expeditiously investigating complaints of harassment or aggression. According to EEOC guidelines, once an employee complains, employers should take "immediate and appropriate corrective action." The organization should, therefore, have a process in place for investigating complaints quickly, discreetly and completely. Investigations should be conducted by an objective party, and the results of the investigation should be reported to both the complaining employee and the person accused of harassment or aggression. Other staff should be informed on a "need to know" basis.

Standards for corrective action. Standards for corrective action are an essential part of any plan to prevent harassment or aggression. Disciplinary action should be proportionate to the severity of any behavior found; however, avoid providing specific punishments for specific actions. The policy, as it relates to corrective action, should be broad enough to give the freedom to exercise appropriate action. For example, the policy might state that such behaviors may result in discipline, up to and including discharge.

Legal counsel should review policies and procedures related to harassment and aggression because of the potential exposure to liability.

Approved by the Board of Governors of the American College of Healthcare Executives on November 7, 2005.