Sex Harassment Case Nets EEOC $5.4 Million Dollar Settlement

Under the Consent Decree, Lutheran Medical Center, in addition to paying monetary damages, agreed to revise its anti-harassment and anti-retaliation policies, and its pre-employment physical examinations. Also, the medical center agreed to revise its training program relating to discrimination and harassment issues.

Eight registered nurses who underwent pre-employment medical examinations were instead sexually harassed, according to a proposed Consent Decree submitted to Judge Leonard Sand by the EEOC and Lutheran Medical Center. Under the terms of the proposed settlement reached by the parties, the medical center has agreed to pay $5.425 million dollars to compensate the nurses and other female nurses similarly harassed. Equal Employment Opportunity Commission v. Lutheran Medical Center, 01 CV 5494 (E.D.N.Y.) (Raggi, D. J.).

Conrado Ponio, MD, was the medical center's physician who performed medical examinations for newly hired registered nurses and those returning from leave for the period of 1996 to 2000. The EEOC alleged in its complaint that Ponio had the authority to clear employees for employment. The agency further alleged that Ponio sexually harassed the eight nurses, as well as others, in the context of this medical exam, and threatened the nurses that if they did not acquiesce to his unwelcome sexual conduct, their employment would be delayed or denied. The EEOC contended that during the period from November 1999 to January 2000, Ponio required these nurses to submit to breast and vaginal exams that included his touching and probing their genitals without wearing latex gloves. Ponio allegedly also required the nurses to respond to irrelevant sexual and personal questions such as their use of contraception and their dating status.

The complaint alleged that a female employee complained about Ponio's sexual harassment in July 1999, but that the medical center took no preventive measures to safeguard against further harassment by the doctor. In particular, the agency claims that the hospital failed to investigate the complaint to determine whether other female employees were similarly harassed, or in any other way limit Ponio's unfettered ability to abuse his authority.

Under the Consent Decree, Lutheran Medical Center, in addition to paying monetary damages, agreed to revise its anti-harassment and anti-retaliation policies, and its pre-employment physical examinations. Also, the medical center agreed to revise its training program relating to discrimination and harassment issues.