Sexual Harassment in Healthcare Industry

Healthcare Should Be a Place of Healing, Not Harassment

In hospitals, clinics, and long-term care facilities, healthcare workers give everything they have. Long hours, emotional labor, and their full attention to patients. But behind the masks and scrubs, far too many face a different kind of harm. Sexual harassment in healthcare is shockingly widespread, and it's often buried under hierarchy, stress, and fear of speaking up.

Our employment law attorneys at Horn Wright, LLP, stand with healthcare professionals who are being targeted instead of protected. Whether you’re a nurse, technician, physician assistant, or support staff, you deserve to feel safe in every hallway and exam room. 

If you’re in New Jersey, New Hampshire, Maine, and Vermont, protections vary slightly, but our legal professionals know how to handle claims across all four states. 

For example, some of these states have shorter deadlines to file administrative complaints, which can affect how quickly you need to act. Others don’t require employers to provide the same annual anti-harassment training that’s mandatory in New York, which can impact liability and internal reporting procedures.

Harassment Can Come From Patients, Coworkers, or Supervisors, And It’s Still Not Okay

In healthcare, harassment doesn’t always follow a simple script. It may come from a vulnerable patient, an arrogant attending, or a coworker who thinks a joke is “just part of the culture.” But under New York law, none of it is excused, and none of it is your fault.

• Supervisors who misuse their authority. When someone in power makes suggestive remarks, touches you without consent, or retaliates if you don’t respond favorably, it’s quid pro quo harassment. The law sees that for what it is: coercive and unlawful.
• Coworkers who won't stop. Maybe it’s comments about your body, constant staring, or “accidental” touches. If it happens more than once and makes you uncomfortable, it’s not harmless banter. It’s a hostile work environment.
• Patients crossing professional lines. Even if a patient is ill or confused, you still have rights. Your employer is responsible for protecting you from repeated sexual misconduct and taking swift action when it’s reported.
• Creeping behavior that wears you down. Unwanted compliments, texts after shifts, or someone lingering too long in close quarters. It adds up. And in tight, high-pressure environments, that behavior is especially dangerous.

New York’s Laws Go Further Than Federal Protections

While federal laws like Title VII of the Civil Rights Act of 1964 prohibit sexual harassment, New York State Human Rights Law (New York State Human Rights Law Section 296) goes even further. Unlike the federal standard, which requires the conduct to be “severe or pervasive,” New York allows you to take action after a single incident if it creates a hostile work environment.

Healthcare employers in New York are also required to implement anti-harassment training, distribute written policies, and ensure complaint procedures are clear and accessible. If they failed to provide this, or retaliated against you for speaking up, they may face additional penalties.

And if you’re working in another state, the legal protections may not always match New York’s strength. For example, some states still require the harassment to be proven “severe or pervasive,” which can create higher thresholds for litigation. 

Our attorneys know how to adjust strategies based on each state’s requirements and we’ll always tailor your case to get the strongest possible result.

The Power Dynamics in Healthcare Make Harassment Even Harder to Report

Healthcare settings are packed with rigid hierarchies. You may be a nurse answering to doctors. A resident reporting to an attending. Or a medical assistant navigating pressure from all directions. When someone above you crosses the line, it can feel impossible to fight back.

• Fear of professional retaliation. If your harasser controls your schedule, reviews, or career path, you might worry that reporting them could derail your job. This fear is real and exactly why the law offers protections.
• Toxic “culture of silence.” Some facilities brush off harassment as something you should “tough out.” But that kind of environment is legally dangerous for employers and we help hold them accountable for ignoring it.
• Staff shortages and long hours. When you’re stretched thin, speaking up might feel like one more impossible task. But that doesn’t mean your pain should go unnoticed. Your experience matters.
• Retaliation from peers or teams. In high-pressure teams, reporting misconduct might make you a target. But if coworkers isolate, shame, or blame you afterward, that’s retaliation and it's illegal.

Retaliation Happens in Healthcare Too And It’s Just as Illegal

Too many healthcare workers who report harassment face retaliation disguised as “restructuring” or “disciplinary action.” But under New York Labor Law Section 740 and NYSHRL, that kind of treatment is against the law.

• Shift changes that punish you. Suddenly you’re on nights, weekends, or floated to another unit after reporting someone. If that shift hurts your work-life balance or career, it’s a red flag.
• Being left out or iced out. You’re no longer copied on emails, included in briefings, or invited to collaborative meetings. That kind of exclusion can ruin morale and may be used to push you out.
• Unjust write-ups or reviews. If you were in good standing before the complaint and suddenly face nitpicking or bogus evaluations, it’s not coincidence. It’s retaliation in action.
• Pressure to quit or relocate. Management might “suggest” a transfer or act like you’re the problem. But we know that tactic, and we fight back hard when employers push victims out instead of fixing the issue.

Harassment by Patients Requires Employer Action, Not Excuses

Healthcare workers often hear this after reporting harassment from patients: “They didn’t mean it,” or “It’s part of the job.” But that’s not a legal excuse. If your employer isn’t protecting you from repeated misconduct by patients, they’re violating the law.

Under the General Duty Clause of the Occupational Safety and Health Administration (OSHA), employers must provide a safe workplace. That includes protecting staff from verbal abuse, groping, or exposure to genitals. Yes, even from patients. They must provide training, create a response plan, and intervene when you report a problem.

New York law doesn’t exempt healthcare from these standards. If the harassment is recurring and management fails to act, they can be held liable. We’ve seen too many facilities turn a blind eye and we won’t let them off the hook.

Documenting Harassment in the Healthcare Industry Isn’t Easy, But It’s Possible

If you’re working 12-hour shifts with no break, it might feel impossible to track what’s happening. But the more documentation you can gather, the stronger your claim. And even small details can make a big difference.

Start by writing down what happened, who witnessed it, and when it occurred. Save any texts, voicemails, or written comments. If there were other employees nearby, ask if they noticed anything. You don’t need them to testify, just confirm the pattern.

Keep this documentation somewhere private, outside of your employer’s system. A personal journal or secure email to yourself works. We’ll help organize everything when you’re ready to file. Even if you only have partial records, our employment law attorneys can still build a case around your story.

Healthcare Doesn’t Excuse Harassment and We’ll Make Sure They Know That

You’ve sacrificed sleep, safety, and sanity to care for others. The last thing you should have to deal with is being harassed on the job. Whether the misconduct came from a coworker, a supervisor, or a patient, one of the most respected legal practices in the country is here to stand up for you and make it right. 

Our employment attorneys at Horn Wright, LLP, don’t let anyone hide behind lab coats or name badges. We hold them accountable. Reach out at (855) 465-4622 to request your free, no-pressure consultation.