How do I protect my practice from sexual harassment claims?

Provided by:  Jennifer Kirschenbaum, Esq.

October 8, 2019

Question:

Jennifer,

I know the training deadline is this week for sexual harassment in NY.  How do I protect my practice from sexual harassment claims by patients and employees?

Thanks in advance, 
Dr. S

Answer:

You can't, which is why the best answer I can give has a two parts to it - 

1. you educate your staff and train to prevent sexual harassment from happening on your watch - and clearly mark such conduct as outside the scope of employment
2. you obtain Employment Practices Liability Insurance ("EPLI") to insure against a sexual harassment claim

EPLI typically does not cover a payout for damages, but it does generally cover legal expenses incurred in defending against a sexual harassment claim.  Talk to your broker who covers your General Liability policy and make sure you have EPLI in place.  As more of the public is educated about the scope of potential viable complaints related to sexual harassment, the prevalence of accusations will also be on the rise.  As the employer, you are not only responsible for your own acts, but those you may not have knowledge are happening on your time.   

Looking for help with policies and training, check out our Employer-centric training and policy options here - https://www.kirschenbaumesq.com/page/practice-compliance.