McPherson v. HCA-HealthONE, LLC

McPherson v. HCA-HealthONE, LLC,
No. CIV.A.01-ES-0845 PAC (D. Colo. May 9, 2002)

The
United States District Court for the District of Colorado dismissed the sexual
harassment claims of a surgical technician nurse who sued the hospital that
employed her, alleging that a surgeon on the medical staff of the hospital forcefully
hugged her, brushed his hand against her breast, and patted her ocks. The
court held that, even if the events occurred as the nurse alleged, the hospital
could not be held liable. First, the court found that the hospital did not employ
the physician simply because it assigned his call duty, scheduled his surgeries,
credentialed him biannually, and had the right to revoke his clinical privileges
for substandard work. Accordingly, the hospital could not be vicariously liable
for the physician’s actions.

The court also found that since the physician had no right to hire, fire, or
otherwise directly affect the terms of the nurse’s employment, the hospital
could not be held liable for quid pro quo sexual harassment (which is premised
on a supervisor’s use of his or her control of the terms of employment to harass
an employee).

Lastly, the court held that the nurse was not subjected to a hostile work environment
since (1) the claimed harassment was not severe or pervasive (two isolated incidents),
and (2) upon notification of the alleged harassment, the hospital took remedial
and preventative action that was reasonably calculated to end the harassment.
The reasonable actions taken by the hospital included: investigating the facts,
interviewing the parties and witnesses, requiring the doctor to undergo an evaluation
of his perception of appropriate boundaries in the workplace, and requiring
the doctor to write a letter of apology. According to the court, no "discipline"
is necessary for a finding that the hospital took reasonable action.