Patient safety has evolved to encompass more than just the prevention of medical errors and infections in recent years. As we better understand the power dynamics between doctors and patients, hospitals are dedicating themselves, now more than ever, to stopping patient abuse in its tracks.

Sex-related offenses are a problem medical professionals and staff must actively face head-on to make facilities a safer space for every patient. We review real, actionable strategies to help hospitals prevent patient sexual assault.

Comprehensive Staff Training

Hospitals should make it a priority to educate their employees on recognizing and responding to signs of patient sexual assault. This education should include detailed instructions on maintaining professional boundaries, understanding consent in a medical setting, and the legal obligations to report suspected abuse.

Training should also cover sensitivity toward victims, emphasizing the importance of a supportive response that respects the patient’s dignity and autonomy. Additionally, periodic refresher courses can ensure that this critical knowledge remains front and center in the staff’s day-to-day operations, fostering a culture of vigilance and respect across the board.

Clear and Precise Policies and Procedures

Hospitals must develop clear and precise policies and procedures that are easily accessible to staff and patients to effectively prevent patient sexual assault. These policies and procedures should outline the steps to take when staff suspects an assault or a patient makes a report, including immediate actions to take to ensure the patient’s safety, a comprehensive investigative process, and measures for handling the perpetrator.

Policies must also define unacceptable behavior clearly, ensuring no ambiguity that could lead to overlooking or minimizing misconduct. Establishing these guidelines not only helps staff handle incidents but also serves as a deterrent against potential offenders.

Patient-Centered Care

Adopting a patient-centered approach is key to preventing sexual assault in healthcare settings. How so? A patient-centered approach creates a healthcare environment where patients feel heard, respected, and involved in their care.

It also involves providing patients with the information and support they need to feel empowered to speak up if something feels wrong. Hospitals can further support this by ensuring patients can request same-gender care providers when possible and respecting patient privacy during examinations and treatments.

Trauma-Informed Approaches

Trauma-informed approaches involve understanding, recognizing, and responding to the effects of all types of trauma. Staff trained in trauma-informed care can interact with patients in a way that avoids re-traumatization and supports their healing process.

These interactions include using language that conveys empathy and respect, ensuring that the doctors thoroughly explain the medical procedures they suggest, and giving patients control over their care to an extent that is safe and effective. Additionally, creating a healing environment that respects patient privacy and promotes a sense of safety can make a substantial difference in fostering trust between patients and healthcare providers.

Environmental Safety Measures

Environmental safety measures are a crucial tool in creating a secure hospital environment. Enhancing lighting in hallways, parking lots, and secluded areas can deter criminal activities by increasing visibility; surveillance systems in strategic areas can monitor sensitive areas without compromising patient privacy.

Control access to patient rooms and wards using badge access systems, ensuring only authorized personnel can enter. Additionally, hospitals should conduct regular security audits to identify and rectify potential safety vulnerabilities.

Patient Education

Just as educating staff about recognizing and preventing sexual assault is important, it’s also vital to educate patients. By informing patients about their rights and the standard procedures during medical examinations, hospitals can empower individuals to recognize inappropriate behavior. Patients must understand they have the right to ask for a chaperone at any time and should feel comfortable doing so.

Hospitals can also provide educational materials upon admission that detail these rights and procedures, and clear instructions on how to report discomfort or suspected abuse. This proactive approach educates patients about their rights and reinforces the institution’s commitment to maintaining a safe and respectful environment.

Safeguard Vulnerable Populations

While anyone can be a victim of sexual assault, certain groups of people tend to be more at risk of this kind of abuse. This group includes children, older adults, and those with cognitive or physical disabilities who may be less able to advocate for themselves.

Hospitals should implement specialized training that focuses on the unique needs and risks associated with caring for vulnerable populations to safeguard these patients. Additionally, strict visitor control policies and the use of patient advocates or guardians can provide an extra layer of protection.

Cultural Competency Training

Effective prevention of patient sexual assault in hospitals also requires cultural competency training for all healthcare staff. This type of training equips healthcare workers with the skills to interact effectively with patients from diverse backgrounds, respecting their cultural beliefs and practices. It emphasizes the importance of communication, understanding personal boundaries, and recognizing cultural variations in the perception of care and personal space.

By fostering an environment of respect and understanding, hospitals can better ensure that all patients feel safe and respected, regardless of their cultural background. Fostering a respectful and compassionate environment reduces the risk of misunderstandings that could lead to discomfort or assault. Additionally, cultural competency helps build trust between patients and healthcare providers, a critical factor in a patient’s willingness to report uncomfortable situations or abuse.

Anonymous Reporting Mechanisms

Implementing anonymous reporting mechanisms is essential in creating a safe channel for both patients and staff to report incidents of sexual assault without fear of retaliation or judgment. Hospitals should make these mechanisms easily accessible, ensuring confidentiality and prompt action.

Having a straightforward process encourages more individuals to come forward with their experiences, which is crucial for early detection and prevention. Hospitals should clearly communicate the existence of these reporting channels through signage, pamphlets, and orientation sessions. Healthcare facilities can foster a culture of openness and trust, where they support victims and promptly address violations, by emphasizing anonymity and protection.

Hospitals can prevent patient sexual assault by implementing these strategies and upholding their foundational commitment to patient safety and dignity.

Contact the Law Firm of Tamara N Holder today if you’ve been a witness to patient sexual assault, are a direct victim, or want help creating a safer environment for your patients. We have attorneys who specialize in handling doctor-patient sexual assault cases and dedicate ourselves to providing the legal advice you need to make medical facilities a safer place for everyone.

How Hospitals Can Prevent Patient Sexual Assault

In today’s rapidly evolving workforce, diversity and inclusivity are more critical than ever. Yet, despite how far we’ve come, nonbinary employees often find themselves navigating unique challenges within the workplace.

This group of people who identify outside the traditional gender binary face issues ranging from misgendering to lack of representation in company policies. If you want to create a more inclusive environment that respects and values every individual’s identity, understanding the unique struggles nonbinary employees face in the workplace is key.

Incorrect Pronoun Usage

One of the most pervasive challenges that nonbinary employees face in the workplace is the incorrect use of pronouns. Unfortunately, many people still assume a person’s pronouns based on their outward appearance.

Being frequently addressed by pronouns that don’t reflect their gender identity is disheartening and profoundly invalidates their identity. Companies can promote pronoun-sharing practices, such as including the option to share pronouns in email signatures and during introductions in meetings. This normalizes the discussion about and respect for everyone’s gender identity.

Pressure To Disclose Pronouns

On the other hand, in an effort to be more inclusive, employers may sometimes create an environment where nonbinary employees may feel pressured to disclose their pronouns before they’re ready. Nonbinary employees should have the choice to share their pronouns in private rather than asking everyone in a group what their pronouns are.

For example, if everyone else in a group is willing to share their pronouns but another employee isn’t, they may feel singled out. Additionally, forcing every employee to wear a badge that states their pronouns may have a similar effect.

Discrimination and Harassment

Nonbinary employees also face the serious issue of discrimination and harassment, which can manifest in various ways, from exclusion to outright hostility. This can create a hostile and unwelcoming work environment, leading to increased stress, decreased productivity, and even mental health challenges for these employees.

Unfortunately, many companies lack specific policies that protect nonbinary individuals from these negative behaviors, leaving them without a chance for legal recourse. To address this, organizations must establish clear anti-discrimination policies, offer diversity and sensitivity training for all staff, and provide a safe mechanism for reporting complaints of harassment or discrimination.

Subtler Microaggressions

Overt discrimination and harassment aren’t the only interactions that can make gender-nonconforming employees feel unsafe. Microaggressions are the everyday, subtle, often unintentional interactions or behaviors that communicate some sort of bias toward marginalized groups, including nonbinary individuals.

These can range from backhanded compliments to seemingly innocuous jokes that, in reality, perpetuate stereotypes or invalidate someone’s identity. For nonbinary employees, microaggressions could involve questions or comments about their appearance or assumptions about their gender based on stereotypes.

The workplace challenges and struggles faced by nonbinary employees are multifaceted and unique, requiring careful attention and consideration.

If you’re dealing with gender-based discrimination in your workplace, let us help. At The Law Firm of Tamara N Holder, our team of gender discrimination lawyers can help you assert your rights under the law and get the justice you deserve.

In a world that’s progressively striving for equality, it can be hard to imagine a workspace where an employee is unjustly treated simply because of their sexual orientation. However, it is because of this progress that discrimination may take on more subtle, insidious forms.

As a result, it’s imperative that aggressors are held accountable for their actions to show that, no matter how under the radar their bias may be, intolerance will not stand. Let’s take an in-depth look at how to file a sexual orientation discrimination lawsuit to give you the courage and knowledge you need to uphold your rights.

Documentation and Evidence Collection

The first, and perhaps most crucial step in preparing for a sexual orientation discrimination lawsuit is the meticulous documentation and collection of evidence. These records should include dates, times, places, and the names of individuals involved, as well as a description of what happened.

It’s also helpful to gather any tangible evidence such as emails, text messages, or witness statements that can support your case. Remember, the more detailed and organized your documentation is, the stronger your case will be.

Consulting With an Attorney

After gathering your evidence, the next step is to consult with an attorney who specializes in discrimination lawsuits, particularly those focused on sexual orientation issues. An experienced lawyer will assess the strengths and weaknesses of your case, advise you on the best legal path forward, and help you understand the potential outcomes.

They’ll also guide you through any complex legal procedures, from filing the lawsuit to navigating court hearings. This person will be your advocate throughout this process, so it’s important to choose an attorney who has a proven track record and one whom you feel comfortable working with.

Filing a Charge With the EEOC

Before filing a sexual orientation discrimination lawsuit, you’ll first have to file a charge with the Equal Employment Opportunity Commission (EEOC). This step is essential, as it formally brings your complaint to the attention of the agency responsible for enforcing federal laws against employment discrimination.

To file a charge, you can visit an EEOC office in person or submit your complaint online through the EEOC’s website. The process involves providing detailed information about the incidents of discrimination, including any evidence collected. Filing this charge doesn’t start a lawsuit but is a necessary action that you must take before you can file a lawsuit in most cases.

Receipt of the Right To Sue Letter

Receiving the “Right to Sue” letter from the EEOC is a significant step toward proceeding with your sexual orientation discrimination lawsuit. This document is essentially your green light to file a lawsuit in a federal or state court within a specific time frame, usually 90 days from when you receive the letter. It’s crucial to pay close attention to this deadline, as missing it can forfeit your right to sue.

Upon receiving this letter, immediately inform your attorney, who will then prepare to file the lawsuit on your behalf. This step marks the transition from administrative complaint procedures to engaging in the formal judicial process, moving you closer to seeking the justice and resolution you deserve.

Drafting the Complaint

Upon receiving the “Right to Sue” letter and consulting with your attorney, the next step involves drafting the complaint to file with the court. This document is critical, as it officially initiates your lawsuit. It outlines your allegations and must detail the facts of your case, pinpoint the laws that have been violated, and state what you’re seeking in terms of relief or damages.

Drafting this document requires precision and legal expertise, as it sets the foundation of your lawsuit. Your attorney will ensure that the complaint is thoroughly prepared, adhering to the required legal standards and accurately presenting your case. This step isn’t just about putting your allegations on paper; it’s about concisely conveying your experience to the court in a manner that underscores the legal responsibility of the defendant.

The Discovery Process

After the complaint is filed, both parties enter a phase known as the discovery process. This is a critical stage where each side investigates the other’s claims and defenses. You and your attorney will have the opportunity to request documents, ask written questions (interrogatories), and take depositions (sworn, out-of-court oral testimonies) from the opposing party and witnesses.

This process allows you to gather further evidence to support your case while also uncovering what defenses the opposing party might present. It’s a time-consuming phase, but it’s essential for building a strong case.

Mediation or Settlement Negotiations

Before heading to trial, you may have an opportunity for mediation or settlement negotiations. This phase is a critical moment where both parties meet to discuss a possible resolution without going to court.

A neutral third party, known as a mediator, facilitates these negotiations to help find common ground. It’s essential to approach mediation with an open mind while staying firm on your fundamental rights and the justice you seek. Settlements can offer a quicker resolution and potentially less emotional stress than a court trial. However, it’s crucial to consult with your attorney to weigh the benefits and drawbacks of settling compared to proceeding to trial.

Trial Preparation

Preparing for trial is an extensive process that requires meticulous attention to detail. At this stage, your attorney will engage in drafting opening statements, preparing persuasive arguments, and anticipating the opposition’s tactics. You will also rehearse your testimony to ensure clarity and confidence when speaking in court.

Your legal team will also finalize the list of witnesses who will testify on your behalf, ensuring they are ready and informed about what to expect. This phase is about building a compelling case that substantiates your claims of discrimination, aiming to convince the judge or jury of the merit of your lawsuit.

Litigation and Trial

The litigation process culminates in the trial, where both parties present their cases before a judge or jury. During the trial, your attorney will present the evidence collected, call witnesses to testify, and argue your case for sexual orientation discrimination. The defendant will also have the opportunity to present their side, including any defenses they claim to justify their actions.

The trial is your chance to tell your story and highlight the impact of the discrimination on your life. It can be a rigorous and emotionally charged process, but it is the final step in seeking justice and holding the alleged aggressor accountable for their actions. However, if either party is dissatisfied with the trial outcome, they may pursue an appeal.

Navigating the process of filing a sexual orientation discrimination lawsuit requires patience, persistence, and a carefully planned strategy—but don’t let its complexity deter you from seeking justice. At The Law Firm of Tamara N Holder, our sexual discrimination lawyers aren’t just committed to seeking justice and upholding your rights. They’re dedicated to guiding you through every step of the process to ensure you stay informed and give you the confidence you need during these times.

How To File a Sexual Orientation Discrimination Lawsuit

In today’s complex legal landscape, understanding the profound and complex impact of trauma on individuals is paramount. A trauma-informed approach to legal representation goes beyond traditional legal strategies, offering a more compassionate and effective way to advocate for clients.

This methodology acknowledges the pervasive nature of trauma and its potential effects on behavior, communication, and the ability to engage with the legal process. A trauma-informed law practice has many strengths that can transform legal outcomes and client experiences by fostering an environment of understanding and resilience.

Reduced Retraumatization

Traditional legal environments can inadvertently trigger distress in individuals who have experienced trauma, especially when they must recall and retell their experiences in detail. This approach carefully navigates a client’s history and emotions, employing strategies designed to minimize stress and anxiety.

For instance, trauma-informed attorneys might introduce pauses during testimony or employ gentle questioning techniques. As a result, this care can make recounting the incident less painful and stressful for the client.

Improved Communication

Understanding the impact of trauma helps lawyers adjust their communication style to be more empathetic and patient, which is crucial for building trust. This process might involve using clear, straightforward language, avoiding legal jargon, and actively listening to the client’s needs and concerns.

When clients feel understood and supported, they’re more likely to provide the detailed information necessary for effective legal representation. Ultimately, enhanced communication leads to stronger attorney-client relationships.

Interdisciplinary Collaboration

A trauma-informed approach also thrives through the power of interdisciplinary collaboration. By working closely with mental health professionals, social workers, and other support personnel, attorneys can draw upon a wealth of expertise and resources to better assist their clients. This coalition ensures a holistic approach to legal representation, addressing the legal aspects as well as the emotional and psychological well-being of clients.

Cultural Sensitivity

Recognizing and respecting the cultural backgrounds and identities of clients is crucial for providing empathetic and effective legal advice. Attorneys with a trauma-informed perspective take the time to understand the cultural context of their clients’ experiences, which can significantly influence how they perceive and interact with the legal system.

By being mindful of cultural nuances, lawyers can avoid misunderstandings and establish stronger connections with their clients. This cultural awareness facilitates clearer communication and ensures that legal strategies align with the client’s values and needs.

Adopting a trauma-informed approach in law practice has many strengths and presents a revolutionary shift toward a more empathetic, effective, and holistic legal representation. Our women’s rights attorneys are compassionate, experienced professionals who are committed to making the legal system a better place for all individuals who seek justice and healing.

Although many of us have heard of the phrasing “autism is a spectrum,” only now are people beginning to understand the myriad of ways autism affects different people. Since the first coining of the term in 1911 by German psychiatrist Eugen Bleuler, our understanding of this highly inheritable, neurodevelopmental disorder has gone far beyond the descriptor of schizophrenia.

In fact, now, the term has little to nothing to do with schizophrenic conditions at all. Additionally, as it has a clinical history rooted in evaluating mostly cisgender white males, it’s no wonder many allistic people still struggle to understand this diagnosis, especially with the current wave of late-diagnosed women and gender nonconforming people.

However, this isn’t a dive into the complexities of clinical histories and how the spectrum presents itself. Rather, we aim to dive into a relevantly more “modern issue.” With more people on the autism spectrum joining the workforce, we have to take a serious look at the civil rights struggles that autistic employees may face.

What Can We Define as a Civil Rights Violation?

Before we discuss the specific challenges autistic employees face, we must define what constitutes a civil rights violation in the workplace. A civil rights violation occurs when an employee receives unfair treatment or discrimination because of certain protected characteristics, such as race, gender, religion, or, in this context, disability. For autistic employees, such violations can manifest in various ways, which we’ll dive into throughout the rest of this article. Because the autism spectrum is so wide, the experiences of high support needs versus low support needs will also widely vary.

Lack of Reasonable Accommodations

One of the most significant challenges autistic employees face is the lack of reasonable accommodations in the workplace. Reasonable accommodations are modifications or adjustments to a job or work environment that enable an individual with a disability to have an equal opportunity to perform their job. For those with autism, this could include providing noise-canceling headphones or allowing for flexible scheduling. It can also include providing clearly written instructions for tasks instead of relying on verbal communication, which autistic individuals may sometimes misinterpret.

The problem that some autistic individuals face is that their needs don’t always present themselves in a manner that’s obvious or apparent to allistics. As a result, it may be difficult for people on the autism spectrum to communicate these needs, or an employer may deem it excessive or even unnecessary. Without these accommodations, autistic employees may find it difficult to perform to their full potential, leading to unnecessary stress and anxiety. Employers must understand and implement these accommodations, not just for legal compliance but to foster a truly inclusive and supportive work environment.

Discrimination Within the Hiring or Promotion Process

Another significant issue that autistic employees often encounter is discrimination during the hiring or promotion processes. This discrimination can stem from misconceptions about their capabilities or the stigmatization of autism. For instance, an employer might overlook a candidate with autism for a position due to atypical nonverbal communication during an interview despite possessing exceptional skills relevant to the job.

Similarly, within the workplace, autistic employees may miss the opportunity for promotions because of perceived social or communicative differences. To combat this form of discrimination, organizations must establish hiring and evaluation practices that focus on an individual’s qualifications and achievements rather than subjective assessments of social interaction.

Overly Harsh Performance Reviews

Autistic employees often face overly harsh performance reviews, which can significantly impact their career development and job satisfaction. This issue arises because performance evaluations sometimes don’t account for the unique challenges that autistic individuals may experience in the workplace. For instance, an autistic employee might receive unfair criticism for not participating in team meetings, where the real challenge could be due to difficulties with verbal communication.

Employers must adopt a more nuanced approach to performance reviews, recognizing the diverse strengths and challenges of autistic employees. This could involve setting clear, achievable goals and offering constructive feedback in a way that’s accessible and actionable. By doing so, employers can ensure that performance reviews are fair and productive, encouraging the growth and success of autistic employees in the workplace.

Disparity Within Job Assignments

Autistic employees may also encounter disparities in job assignments, which can limit their opportunities for career advancement and personal growth. Often, due to stigmatization, they may not receive tasks that match their skills and abilities or feel excluded from projects that could showcase their unique talents.

This situation undermines the potential contributions autistic individuals can make to their teams and reinforces negative stereotypes about autism. Managers and employers should actively involve autistic employees in a range of assignments and consider their individual strengths and interests when allocating tasks. By doing so, workplaces can become more inclusive and allow all employees, regardless of neurodiversity, to thrive and succeed.

Outright Verbal or Physical Abuse

Outright verbal or physical abuse is perhaps the most egregious form of discrimination that autistic employees can experience in the workplace. Such behavior may range from insensitive comments or jokes about one’s abilities to more severe instances of bullying or physical harassment. This form of discrimination creates a hostile and unsafe work environment and significantly impacts mental and physical health.

Employers must establish a zero-tolerance policy toward any form of abuse, ensuring that all employees, including those on the autism spectrum, feel valued, respected, and safe. Also, all staff should receive proper training in autism awareness and sensitivity to foster an atmosphere of understanding and inclusivity. Remember to include the opinions of autistic employees and how they wish for their coworkers to treat them.

Autistic employees may face a myriad of struggles and civil rights violations in the workplace, ranging from a lack of reasonable accommodations and discriminatory hiring practices to outright abuse.

Employers should understand the unique challenges autistic individuals may face and take proactive steps toward fostering an inclusive work environment. By doing so, companies can harness the full potential of their workforce, ensuring that every employee, regardless of neurodiversity, has the opportunity to thrive and contribute to their fullest extent.

If you believe your workplace is discriminating against autistic employees or you’ve been a victim of this form of discrimination, the Law Firm of Tamara N Holder can help. Our team of civil rights attorneys in Washington State works to uphold the rights of every employee.

Civil Rights Violations: Struggles Autistic Employees Face

This story was reported March 3, 2024 in the Chicago Tribune by Lisa Schencker and Emily Hoerner | Photographs by Stacey Westcott 

“Victoria” is one of at least 30 women who have filed lawsuits alleging that Dr. Fabio Ortega sexually assaultedthem during exams. (Stacey Wescott/Chicago Tribune)

“Victoria” is one of at least 30 women who have filed lawsuits alleging that Dr. Fabio Ortega sexually assaulted them during exams. (Stacey Wescott/Chicago Tribune)

As Victoria stepped into Dr. Fabio Ortega’s exam room in the summer of 2017, she had no idea the gynecologist’s career was hurtling toward destruction. She didn’t know that an angry husband had called more than five months earlier to complain about Ortega’s treatment of his wife at a NorthShore University HealthSystem office in Skokie. The woman said the doctor had asked if it felt good when his fingers were inside her vagina, had conducted an ungloved breast exam, and had inquired about her sexual fantasies.

NorthShore, now called Endeavor Health, did not tell Victoria that Ortega was under police investigation as a result of that woman’s allegations, according to a lawsuit Victoria later filed. The Skokie Police Department had already gone back and forth with Endeavor about Ortega over a span of several months, police records show.

Nor was Victoria aware of Ortega’s previous history, including a patient who public records show had complained to Endeavor back in 2012, contending he had behaved inappropriately during an appointment.

Had Victoria known those things, she never would have agreed to see Ortega at his Lincolnwood office, she said in an interview. Instead, she wound up in a room with a gynecologist who would later serve prison time for sexually abusing patients.

“That’s what angers me the most, is NorthShore knew,” she said. “They could have done something.” The Tribune is using a pseudonym for Victoria because the Tribune generally does not name people who report being sexually assaulted or abused without their permission.

At least 30 women, including Victoria, have filed lawsuits alleging that Ortega sexually assaulted them during appointments over a span of three decades at various Endeavor locations and, before that, at Swedish Hospital in Chicago, formerly Swedish Covenant. Most of the lawsuits allege that Endeavor and Swedish either knew or should have known that Ortega was a danger to patients. They contend the health system failed to protect them.

Now a Tribune investigation has pieced together the fullest picture yet of Ortega’s troubled history with patients and Endeavor’s pivotal role in keeping the doctor in place, with access to vulnerable female patients, despite multiple complaints.

Fabio Ortega, shown in March 2023 during a civil proceeding at the Daley Center, pleaded guilty in 2021 to sexually abusing two former patients. His medical license has been revoked. (Brian Cassella/Chicago Tribune)

In court records, patient after patient described how Ortega had inquired about their sex lives while his fingers were inside them. They recalled the doctor’s attempts to sexually stimulate them and the vaginal and breast examinations they now believe were not medically necessary.

At Victoria’s appointment, she contends in her lawsuit, the doctor touched her thigh without medical gloves, joked about her boyfriend’s penis size and tried to stimulate her while stating he was touching her “G spot.” She left the appointment in tears, she told the Tribune.

Tamara Holder, an attorney who is representing nearly all of the women who have sued Ortega, Endeavor and Swedish, said an additional 123 of Ortega’s former patients have retained her and her co-counsels, Johanna Raimond and Stephan Blandin, to represent them.

Ortega pleaded guilty in October 2021 to sexually abusing two former patients, including the woman whose husband called the Skokie medical office, and was sentenced to three years in prison.

Ortega and Endeavor have settled 21 lawsuits in the last five years, according to court records. Ortega and Swedish Hospital, which Endeavor acquired in 2020, have settled an additional two lawsuits, and six lawsuits against the doctor, Endeavor and/or Swedish are still pending.

The terms of the settlements are confidential, and Endeavor has never publicly admitted any wrongdoing or error in its handling of Ortega and the allegations against him.

By contrast, after ProPublica reported last year that Columbia University had protected gynecologist Robert Hadden, who faced allegations from hundreds of women, leaders of Columbia and Columbia University Irving Medical Center said in a November news release that they were “deeply sorry” that “Columbia failed these survivors.”

The release said Columbia would notify nearly 6,500 patients of Hadden’s crimes and establish a $100 million survivors’ settlement fund. It also said the university would commit to an external investigation to examine the failures that allowed Hadden to abuse patients and work with outside experts to review the hospital’s patient safety policies and procedures.

Attorney Tamara Holder is representing more than two dozen women who have sued Dr. Fabio Ortega, Endeavor Health, and/or Swedish Hospital, where he used to work. (Stacey Westcott/Chicago Tribune)

Endeavor Health did not answer numerous written questions from the Tribune about the allegations and lawsuits against Endeavor, Ortega and Swedish, saying in statements that it was unable to comment on pending claims or litigation but that “Endeavor Health has absolutely no tolerance for abuse of any kind.”

“The past events reported are incredibly upsetting and concerning, and we recognize the tremendous strength and courage it takes for survivors of abuse to come forward,” Endeavor said in a statement. The statement said Endeavor is committed to “meaningful review and response to each patient impacted.”

In the time since Ortega last worked there, Endeavor has “enhanced and evolved” its processes and policies to support the reporting of abuse allegations, the statement said. “Our policies require we investigate all allegations of abuse that are reported to us, (and) take prompt action in all matters, including removal from care or chaperoning for providers during investigation,” it said. “We also support patients in reporting allegations, and fully cooperate with law enforcement.”

The health system offers chaperones for sensitive exams and has implemented sensitivity training for providers, another Endeavor statement said.

Ortega did not respond to requests for comment for this story. But at the court hearing where he pleaded guilty to sexual abuse, he denied that he ever meant to harm his patients.

Endeavor is a large health system with nine hospitals, including in affluent northern and western suburbs, and has a total of about 300 locations providing care. The health system had more than $5.3 billion in revenue in 2022.

Some of Ortega’s patients say they wish Endeavor had devoted more of its resources to protecting them.

‘Something is very, very wrong’

Elena kept what happened buried within her for more than a decade.

Elena (also a pseudonym) began seeing Ortega at Swedish Hospital in 2001, amid the excitement of her first pregnancy. Elena, who typically brought her husband or mother to appointments, told the Tribune she found Ortega to be trustworthy at the time.

The doctor, who is from Colombia, spoke to her and her mother in Spanish, which provides adadditional comfort, Elena said. She remembers her mother saying he seemed like a great doctor.

When Elena became pregnant again two years later, she didn’t hesitate to turn to Ortega. But for this pregnancy, she went to most of the appointments by herself.

The appointments seemed different this time, she said. It seemed as if Ortega often wanted to do a vaginal exam, even during appointments where she thought she was there only to check on the baby’s heartbeat, she said.

The vaginal exams were rough and painful, according to the lawsuit she later filed. At one point, when she complained about the pain, Ortega made a comment about the size of her husband’s penis, she contended in the suit.

“The look on his face, at times, I had to just turn away because there was just something gross,” she told the Tribune.

Still, she stuck with him throughout the pregnancy. “You’re in this state of confusion, you’re like: ‘I know this guy. He helped deliver my first child.’”

She couldn’t wait until the pregnancy was over, so she wouldn’t have to see him anymore. She didn’t say anything to anyone at the time, she said — she worried she wouldn’t be believed.

Once her daughter was born, Elena tried to move on with her life but experienced anxiety and depression, she said. She could no longer stomach seeing male doctors, she said.

One day, more than 15 years later, Elena was scrolling through Facebook on her phone when she saw a headline about Ortega being arrested on a charge that he had sexually assaulted a patient.

“In that moment, my heart sank to my stomach; everything just went pitch black,” Elena said. “That’s when reality set in, like, OK, wait a minute, something is very, very wrong.”

She also, however, felt some relief. Now that Ortega had been arrested, and others had come forward, she felt safe talking about her own experience and she filed her lawsuit in December 2019. She withdrew the lawsuit in June 2023 so her attorneys could focus on an Endeavor case that was set for trial, but said she intends to file again in coming months.

“I’m hoping the fact that women like me, that have decided to come forward, even if it’s 20-plus years later, it can inspire somebody to say, ‘Hey, it’s not too late,’” Elena said.

Women who have sued Ortega told the Tribune they felt uncomfortable during his examinations but didn’t report the incidents earlier out of fear, disbelief or because they trusted that a doctor would do them no harm. In their lawsuits, the women said it wasn’t until they learned of Ortega’s criminal charges that they realized his behavior reflected something more sinister.

Jennifer, a patient who saw Ortega for an appointment in March 2016, told the Tribune: “I drove home and I remember thinking to myself: ‘No, that didn’t happen. You’re overreacting. He’s a doctor. A doctor would never ever do that.’”

Jennifer — also a pseudonym — alleged that as her feet were in stirrups, Ortega began asking her questions about her husband and sex life. As he questioned her, he stroked her vagina in a rhythmic motion, explaining that he was rubbing her G-spot, prosecutors said at the hearing at which Ortega pleaded guilty.

She tried to squirm away from him, she said, but she couldn’t move much.

During the breast exam, Ortega rubbed and groped Jennifer’s breasts, according to prosecutors. She told the Tribune she started counting the little holes in the ceiling tiles to take her mind off of what was happening.

Finally, he finished. He told her to get dressed, she said, and to come back for another appointment. She left and never returned.

Continuing to practice

Even before Skokie police began asking Endeavor Health questions about Ortega in 2017, there were signs that something was amiss with the doctor’s behavior.

One woman told police after Ortega was charged criminally that in 2006 or 2007 she had requested a chaperone during her appointments with Ortega after one exam left her in tears.

She continued seeing the doctor until she got health insurance and was able to see another physician, according to a 2018 Skokie police report obtained by the Tribune.

Endeavor officials told police at the time that they had no records indicating the woman was ever a patient of Ortega’s, but also acknowledged that records from the time period may have been purged, the police report states.

In addition, a patient told Endeavor in 2012 that Ortega had asked inappropriate questions and touched her inappropriately during an exam, according to a court transcript.

Leaders of obstetrics and gynecology at Endeavor met with Ortega and presented him with the patient’s complaint, according to a 2012 note from the health system’s obstetrics director that a Cook County judge described last year at a hearing related to another patient’s lawsuit.

It’s not clear from court documents how Ortega responded at the time, but he said last year, in response to written questions from Jennifer’s lawyers, that it was “determined that my questions and exam were not inappropriate.”

According to the judge’s description of the note, the patient ended up apologizing for her“misconception” about Ortega’s actions.

A 2019 lawsuit filed against Ortega and Endeavor by another patient alleges that she told Endeavor staff on multiple occasions that she was refusing to see Ortega because she did not feel comfortable with him. In a 2016 Yelp post about the Lincolnwood clinic that is quoted in her lawsuit, the patient wrote that “while most of the doctors are wonderful, I had a bad experience with one particular (Ortega) and I feel like my problem is being dismissed and like they don’t care. I have told multiple people I do not feel comfortable with him, and I basically got told too bad.”

A woman who sued Ortega and Endeavor in 2021 said in an affidavit that starting in April 2014 she told Endeavor schedulers on several occasions that she would not see Ortega.

Then came the patient whose angry husband called the Skokie medical office demanding to speak to Ortega after her appointment with the doctor in late January 2017. The woman also went to Skokie police, who first contacted Endeavor about a week after the incident, a police report states.

Endeavor allowed Ortega to see patients after police contacted the health system, court records show. Endeavor would not answer questions from the Tribune about whether it put Ortega on leave or at all restricted his duties in the months after the patient contacted police.

Officers spent more than a month going back and forth with an Endeavor office manager, an Endeavor attorney and the human resources department before they were able to question a medical worker and the physician who took the husband’s phone call, according to the police report.

At one point in the investigation, the report states, police received a call back from the human resources director only after police attempted to call Ortega and instead reached his wife.

During the same period that police were beginning to investigate the woman’s complaint, Endeavor was discussing the patient’s allegation with Ortega and the other doctor, according to police and state disciplinary documents.

Endeavor would not answer the Tribune’s questions about how it investigated the woman’s allegation. A complaint brought against Ortega by the Illinois Department of Financial andProfessional Regulation in 2018 states that Endeavor discussed the allegation with Ortega on Feb. 10, 11 days after the woman’s husband contacted the medical group — and three days after being contacted by police.

The gynecologist who spoke to the patient’s husband told police in mid-March 2017 that he had already been interviewed by the human resources director and another Endeavor manager, in the presence of two attorneys, according to the police report.

Police interviewed Ortega about six months after the patient went to police. Records show they also talked to him about another patient whose husband had reported the doctor to theDepartment of Financial and Professional Regulation in 2014, alleging inappropriate conduct. Police learned from the department, which oversees doctors’ licenses, that it had closed the complaint because it couldn’t reach the man or his wife for follow-up.

A civil attorney representing Endeavor was present when the police interviewed Ortega, along with the doctor’s criminal attorney, according to a police report. Yet Ortega went back to work the next day, according to a lawsuit filed by a former patient who alleged Ortega sexually assaulted her on Aug. 12, the day after police questioned him. Endeavor agreed to a settlement in that lawsuit, court records show.

Ortega went on leave Aug. 14, 2017, and resigned from Endeavor about a year later, Ortega said in response to questions raised in one of the lawsuits against him. The resignation came around the time he was indicted in 2018 on one charge of criminal sexual assault, related to the woman who went to police in early 2017.

Shortly after Ortega was indicted, the Department of Financial and Professional Regulation temporarily suspended his license. He was no longer allowed to practice medicine.

Connecting the dots

Jennifer said she was standing in her kitchen washing dishes when she saw a story on the news about Ortega that noted his arrest. She dropped the dish she was holding and ran to her bedroom, where she fell to the floor.

In the years since her appointment, Jennifer had felt depressed and experienced debilitating migraines. She said she had panic attacks so severe they sent her to the emergency room.

“It feels like you’re failing your children, you’re failing your husband, you’re failing yourself because you can’t figure out what’s wrong with you,” Jennifer told the Tribune.

It wasn’t until she saw his photograph on her television screen that it all started to make sense.

“I never would have connected the dots,” she said. “It was almost like a sense of relief. I wasn’t crazy.”

She then went to Lincolnwood police. Jennifer and her husband also filed a lawsuit againstOrtega and Endeavor that was settled in July 2023. The amount of the settlement is confidential, and Jennifer spoke with the Tribune before the case was settled.

Carrie Ward, CEO of the Illinois Coalition Against Sexual Assault, said women who experience sexual abuse often don’t come forward right away.

Women may worry they’ll be blamed or won’t be believed over a doctor, Ward said. And when assault occurs at the hands of a medical provider, she said, it sometimes can take a while for the victim to sort out what was and wasn’t appropriate about the encounter.

“They’re expecting to be safe,” Ward said. “I think that does contribute to confusion for folks harmed in that setting.”

About 14 months after Ortega’s 2018 arrest, he was charged with a second count of criminal sexual assault related to Jennifer’s allegations.

At the 2021 hearing where he submitted his guilty pleas to charges of aggravated criminal sexual abuse, he tearfully told the courtroom: “As a physician … I had never intended to hurt anyone. Never, never. I sincerely apologize to the women who felt that I acted inappropriately.”

Jennifer’s attorneys asked Ortega in written questions, as part of her civil case, if he had sexually assaulted Jennifer.

“No,” Ortega answered last year. “I plead guilty to the charge based on advice of my attorney.”

He is now out of prison, and his medical license has been permanently revoked.

Silence and settlements

According to the Department of Financial and Professional Regulation, there have been 21 out-of-court settlements related to medical malpractice claims involving Ortega betweenDecember 2019 and March 2021 totaling more than $4.8 million.

Separately, in court, Endeavor and Ortega have reached settlement agreements in 21 lawsuits brought by women over the last fi ve years, court records show. The settlement amounts have not been made public, and Endeavor’s recent financial statements make no mention of them.

Meanwhile, the Tribune found no records to indicate that Endeavor has been disciplined by the state or other regulators for its handling of the allegations against him.

That may be partly because of a loophole in Illinois law.

If a hospital worker or staff member has “reasonable cause to believe” a patient may have been abused at the hospital, the worker is required by law to report it to a hospital administrator. The hospital is then supposed to report the allegation of abuse to the Illinois Department of Public Health, and the hospital must take steps to protect patients, such as by “removing suspected violators from further patient contact” while hospital officials conduct a review. Hospitals may be required to come up with a corrective plan if the department’s investigation finds problems.

But the allegation brought to police in 2017 involved an appointment with Ortega at an Endeavor clinic — not at a hospital. And state law does not require clinics and independent doctors’ offices to report allegations of abuse to the public health department.

The federal Centers for Medicare & Medicaid Services requires many medical facilities —including the two clinics where Ortega mostly practiced — to protect patients from abuse, and facilities can be cited for failing to do so. Federal records do not show any patient abuse citations against Endeavor related to Ortega.

The federal agency did cite Endeavor late last year after a woman alleged sexually inappropriate conduct by a patient care technician at Evanston Hospital. An investigation by the state health department found in October that the hospital did not have a written system in place for handling sexual abuse allegations. Endeavor submitted a corrective plan that included enhanced training and a new policy on how to handle sexual abuse allegations.

In a statement to the Tribune, Endeavor said its hospitals already had written policies and processes on how to handle abuse allegations. “Nevertheless, we did update our policy to add specific information in the written policy for escalating allegations of ‘sexual abuse,’” the statement said.

Endeavor has never publicly announced changes in its policies or procedures related to what happened with Ortega. And in addition to the confidential settlements reached with his patients, the Tribune found attorneys for Endeavor have also sought to control what information about lawsuits is accessible to the public before they are settled.

Court records show that, at a May 2023 court hearing related to the civil cases, a lawyer for Endeavor raised concerns about former patients of Ortega’s having “been to the media.” The judge then issued a verbal protective order that “prohibits any dissemination” of discovery documents in the case except to the attorneys and certain others involved.

One of the pending cases the judge and attorneys continue to discuss is Victoria’s — the woman who alleges Ortega assaulted her in July 2017, months after Endeavor became aware the doctor was under police investigation.

Victoria was uncomfortable about going to that July appointment, she said in an interview. At an appointment with Ortega eight months earlier, she contends in her lawsuit, he asked her questions about her orgasms and sexual history while touching her intimately.

But by July she needed to visit a gynecologist urgently, she told the Tribune. In her lawsuit,Victoria alleges that she asked if her partner could go into the exam room with her but was told no.

“The least they could have done was have someone in the room with me,” Victoria told theTribune. “Protect him or protect me, but take a stance and have a chaperone there. I don’t think that’s asking too much.”

When Victoria learned in April 2023 that Ortega had pleaded guilty to sexual abuse, she understood that she too had been harmed by him, according to her lawsuit.

Victoria realized she wasn’t alone, she told the Tribune — she wasn’t the only one who felt victimized by Ortega and Endeavor. She decided to reach out to Holder, the attorney, and filed a lawsuit.

Her lawsuit is, at the moment, the only pending lawsuit against Endeavor and Ortega, after 21 others settled. Five lawsuits against Ortega and/or Swedish Hospital are also still pending.

Two of the settled lawsuits were filed by women who, like Victoria, alleged that Ortega sexually assaulted them at Endeavor facilities while he was under police investigation in 2017.

“I would like to see (Endeavor) held accountable since they knew, and did nothing about it to protect me,” Victoria said. “It’s an abuse of power. It’s looking the other way.”

Title IX, a civil rights law passed as part of the Education Amendments of 1972, signifies a monumental leap toward gender equality in educational programs and activities receiving federal financial assistance. Championed to end sex-based discrimination, Title IX's most profound impact has been in sports, giving rise to increased female sports participation at high school and collegiate levels.

Its significance, however, goes beyond athletics, fostering academic opportunities and safeguarding against harassment and inequality. But what is the history of Title IX, and what is the true scope of its positive impact and outreach?

What Is Title IX, and Why Was It Created?

At its core, Title IX is a brief but potent portion of the Education Amendments of 1972 that succinctly states as follows:

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance."

Its creation was spurred by a recognition of the prevalent and systemic sex discrimination in educational institutions. Despite the Civil Rights Act of 1964 prohibiting such discrimination, gaps remained, particularly within educational settings. These gaps hindered women's access to higher education and professional fields, where policies and practices often discriminated based on sex. As a result, Title IX was enacted by Congress to ensure every individual, regardless of gender, received equal opportunities in education. It was a necessary step to erode persistent barriers that limited women, ensuring federally funded programs promoted fairness from the classrooms to the sporting fields.

What Is the History of Title IX?

Title IX's history began long before 1972, with women's fight for equality gaining momentum throughout the early 20th century. However, it was the social movements of the 1960s and 1970s, particularly the push for gender equality, that laid the groundwork for Title IX. Women's educational opportunities were markedly limited prior to Title IX, with colleges and universities imposing strict quotas on female admission and offering few athletic opportunities.

The emergence of politicians like Representative Patsy Mink and Senator Birch Bayh, who spearheaded Title IX legislation, was pivotal in bringing gender disparities in education to the national forefront. Their advocacy underscored the urgency of such a law, leveraging the zeitgeist of civil rights activism to propel Title IX's passage. Upon its signing by President Richard Nixon, Title IX became an instrumental policy for enforcing gender equality.

Its implementation faced challenges, evolving through regulations and significant Supreme Court decisions, such as Grove City v. Bell (1984) and Franklin v. Gwinnett County Public Schools (1992), which shaped and reaffirmed Title IX's application and enforcement. The ongoing efforts of policymakers, educators, and activists continue to refine and protect the law's legacy, ensuring its positive impact endures.

How Has Title IX Improved Gender Equality?

Increased Athletic Opportunities for Women

Now that we have a better understanding of Title IX and its history, we can explore how it has positively impacted the educational field in America. The most widely recognized change lies within women’s athletic opportunities.

Before the enactment of Title IX, female athletes faced few opportunities in sports with minimal funding or support for women's athletic programs. Title IX mandated equal treatment and benefits for all, regardless of gender, essentially forcing educational institutions to expand and support women's sports. As a result, there has been a dramatic surge in the number of female athletes at the high school and collegiate levels.

Post-1972, schools and universities began to seriously invest in these programs, creating a network of opportunities for female athletes. Title IX not only leveled the playing field in terms of accessibility but also placed a spotlight on the need for equity in funding, resources, and media coverage. It became the responsibility of the institutions to offer comparative athletic scholarships to female athletes, hire coaches, invest in training facilities, and schedule games in prime times to boost attendance and viewership. This holistic improvement of women's athletic programs has not only forged pathways for women in professional sports but also transformed cultural attitudes, leading to greater respect and recognition for women’s athletic achievements.

Created a More Inclusive Education Environment

Another significant triumph of Title IX has been the creation of a more inclusive education environment for all genders. Beyond athletics, it’s been a catalyst for change in academic settings, promoting gender balance in traditionally male-dominated fields like science, technology, engineering, and mathematics (STEM).

With how critical diversity is to innovation, gender equality is vital to our future as a society. Universities and colleges now actively recruit female students and faculty in these areas, which has contributed to an increase in the number of women pursuing STEM degrees and careers. Additionally, Title IX has facilitated the establishment of policies against sexual harassment and violence in educational institutions, recognizing such acts as forms of discrimination that impede a person's access to education.

By obligating schools to address complaints and provide prevention programs, Title IX has contributed to a safer and more supportive learning environment. These strides have paved the way for a future where educational excellence is not predicated on gender but on talent and hard work, allowing for a diverse and dynamic academic community.

Fostered a Culture of Accountability and Fairness in Educational Institutions

One of the most striking contributions of Title IX is the culture of accountability and fairness it has instilled within educational institutions. This is the result of rigorous compliance requirements that schools must meet to receive federal funding. Consequently, schools are compelled to enforce policies that ensure equal treatment and opportunities across all activities and programs.

This comprehensive approach has been crucial in driving systemic change, addressing biases, and establishing a level playing field for all students. Title IX compliance reviews and grievance procedures provide transparent and formal channels for addressing complaints, ensuring all students have the right to an education free from discrimination. This accountability extends to all corners of educational policy and culture, ensuring equity is not only expected but deeply woven into the fabric of the educational experience. Such measures have fostered a sustained commitment to fairness, prompting educational institutions to routinely evaluate their practices and make meaningful progress toward gender equality.

The enactment of Title IX stands as a beacon of progress in the ongoing quest for gender equality. At the Law Firm of Tamara N Holder, our Title IX attorneys are dedicated to protecting this beacon and defending the rights of students, faculty, and staff impacted by sex discrimination. We’re committed to ensuring educational institutions adhere to Title IX, promoting an equitable and inclusive learning environment for all.

The History of Title IX and Its Positive Impact

When inappropriate behavior, misconduct, or harassment creates an atmosphere that’s intimidating, hostile, or offensive, the law recognizes this as a hostile work environment. When allegations of a hostile work environment emerge, they carry significant weight and implications for both employees and employers.

However, employment law is complex, and the air of mystery surrounding the examination of these claims can make it intimidating for employees to seek legal recourse. To demystify these proceedings, let’s take a close look at how hostile workplace allegations are investigated.

How Do You File a Hostile Workplace Complaint?

Before we dive into how hostile workplace allegations are investigated, we have to review how to actually file a complaint. Typically, it begins with understanding the internal policies and procedures of the organization. Before taking it up with your employer or supervisor, you should consult your employee handbook or HR department for the proper channels to file a complaint.

Be sure to document all instances of the alleged hostile behavior with dates, times, witnesses, and a detailed description of each incident. After compiling this information, you’ll typically have to submit a formal written complaint to HR or a designated official within the company.

Larger organizations may have an online portal or dedicated hotline for such grievances. If the internal processes don’t lead to a satisfactory resolution, or if you feel unsafe addressing the issue within their company, they may choose to file a complaint with the EEOC.

What Are the Investigation Steps?

Step 1: The Organization Receives a Complaint

Upon receiving a complaint, the organization must take immediate action to acknowledge it and ensure they will take it seriously. The company then designates an investigator, typically someone from human resources or an external specialist, to ensure objectivity. This step is critical to assessing the initial credibility of the complaint and protecting the rights and confidentiality of all parties involved.

The designated investigator will begin by reviewing the complaint in detail to understand the nature of the allegations and determine the scope of the investigation. This phase lays the groundwork for a structured investigation process, focusing on impartial fact-finding to ascertain the validity of the complaint.

Step 2: A Designated Investigator Is Appointed

The designated investigator, on appointment, steps into a critical role that involves delving into the specifics of the allegation and maintaining the highest standards of confidentiality and impartiality. Their principal task is to conduct interviews with all concerned parties—including the complainant, the individual or individuals accused, and any witnesses identified.

While interviewing, they use a consistent set of questions to ensure fairness and thoroughness and take detailed notes that can be vital throughout the investigation. This step will likely also involve reviewing any relevant documentation, such as company policies or previous complaints, to support the investigation.

Step 3: The Investigator Gathers Evidence

In this crucial step, the investigator meticulously collects and reviews all relevant evidence to the complaint. This can encompass a wide array of materials, such as company files, email exchanges, personnel records, and any documented communication that pertains to the case.

Physical evidence, when available, can also play a significant role. This may include security footage or photographs that capture instances of the alleged hostile behavior. Digital forensics may also examine electronic records, uncovering even deleted or concealed files. As the investigator gathers the evidence, they catalog and preserve it, all as a part of building a comprehensive understanding of the circumstances surrounding the allegations.

Step 4: Collected Information Is Carefully Reviewed

Upon gathering all necessary evidence, the investigator proceeds with careful examination, scrutinizing the information to detect consistencies and discrepancies. They weigh every piece of evidence for its credibility and relevance to the allegations, taking into consideration the context of each incident and the workplace environment as a whole.

The investigator also assesses whether the conduct in question is severe or pervasive enough to constitute a hostile work environment. This review often involves comparing statements from the involved parties and witnesses, analyzing any documented evidence against the alleged timeline of events, and determining if there’s a pattern of hostile behavior. They may look for evidence that either corroborates or contradicts the claims made, including any actions taken by management or HR with prior knowledge of the situation.

Step 5: A Detailed Report and Recommended Action Is Created

At this juncture, the investigator compiles all the findings from the evidence review and interviews into a comprehensive report. This report details the investigative process, outlines the evidence collected, and provides an analysis that leads to conclusions regarding the allegations.

Additionally, the investigator will recommend action based on the seriousness and substantiation of the allegations. These can range from targeted training and betterment programs to disciplinary measures or discharge against the individuals involved.

Step 6: The Organization Takes the Appropriate Action

Once the organization reviews the report and the recommended actions considered, they must proceed with appropriate measures. They make decisions on disciplinary actions based on the gravity of the findings and in accordance with company policy and legal guidelines.

The employer must also ensure that any action taken is consistent with past practices to avoid any perception of unfairness or bias. Moreover, the employer should communicate the outcome of the investigation to the relevant parties involved, taking care to protect privacy and adhere to legal requirements.

Step 7: You May Still Choose To Take Legal Action

Even after the investigation concludes and the organization has taken steps to address the complaint, you may decide that the actions taken are insufficient. In this case, you may want to take legal action as your next step. For example, if part of your hostile environment claim includes sexual harassment, sensitivity training or dismissal isn’t enough.

However, before getting started, consult with a hostile work environment lawyer skilled in this practice area who can assess the merits of your case. They will guide you on whether to file a charge with the EEOC or a state agency.

Additionally, an attorney can help to ensure that you meet all procedural requirements and that your case is as strong as possible. During litigation, you and your lawyer can use evidence from the investigation, and additional discovery procedures may uncover more information. Through legal action, you may be able to receive monetary damages for lost wages and suffering, reinstatement of employment, changes to company policies, and coverage of legal fees.

After taking an in-depth look at how hostile workplace allegations are investigated, you may decide you need legal representation to help you win your case. Trust the lawyers at The Law Firm of Tamara N. Holder to provide you with the proper guidance and support in your legal journey. We prioritize the protection of our client’s rights and work tirelessly to achieve the best possible outcome for their case.

How Are Hostile Workplace Allegations Investigated?

As first reported in The Guardian's Ramon Antonio Vargas:

A woman who says she sold nearly $50m in products for Gucci is accusing the fashion label of forcing her to work around the clock while enduring discriminatory comments about her age and mental health before she was fired for formally complaining about her working conditions.

In a pending lawsuit filed in federal court in Chicago, Tracy Cohen contends that her experience during a nearly 18-year career at Gucci is only one of several cases which illustrate a toxic work culture at the renowned luxury brand.

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Cohen’s suit refers to eight cases alleging that Gucci officials, between 2010 and 2022, maintained sweatshop conditions in China, forced pregnant workers to have abortions, ignored sexual harassment claims, and even required women to wear straitjackets on the modelling runway against their will.

“This is a pattern of conduct that they have engaged in for years,” Cohen’s attorney, Tamara Holder, said in an interview. “How they treated Tracy, how they treat women … I believe that Gucci needs to be held accountable for that.”

Neither Gucci nor its corporate owner, Kering, responded to a request for comment on the claims from Cohen and Holder, known in legal and media circles as a former left-leaning commentator on Fox News who won a multimillion dollar sexual assault settlement from the rightwing network.

Cohen’s lawsuit said she joined Gucci’s Chicago store as a sales associate in 2006, when she was 38. She said she earned recognition as the store’s No 1 salesperson by 2018, accounting for about 15% of the location’s monthly sales and outshining about 20 peers.

Gucci responded to Cohen’s success by saddling her with an even higher – and ultimately unrealistic – sales quota, the lawsuit alleged. Cohen said the company promised to reward her with an assistant as well as international travel and attendance to glamorous fashion shows in Milan, Los Angeles and New York.

But in reality, Cohen said her work required to stay on her mobile devices around the clock. She had to work unpaid overtime and avoided taking time off because she felt her job was in constant jeopardy.

Cohen said she repeatedly told her superiors that she was exhausted, anxious and depressed in that climate. In return, she said, they insulted her as “crazy” and old, gave away her promised travel incentives to younger, lower-performing colleagues and hiked up her sales quota.

In September 2022, Cohen said she sought help by emailing Gucci president Marco Bizzarri, but he did not reply. She said that left her feeling as if there was no internal support available, and she filed complaints with the federal Equal Employment Opportunity Commission (EEOC) as well as the Illinois human rights department, alleging discrimination over her age, gender and battles with anxiety and depression.

The lawsuit said Cohen continued performing well – her managers as recently as last summer even told her that her sales had helped them achieve their bonuses, she said. But she said she signed her professional “death warrant” by filing her EEOC and state human rights complaints, which were required to preserve the option of eventually pursuing a lawsuit if necessary.

Cohen said Gucci suspended her for the first time in her career in July. Without elaborating, the lawsuit said her suspension paperwork “listed incidents that allegedly occurred nine months prior”, and the plaintiff alleges that discipline was simply retaliation.

The lawsuit said Cohen served her suspension and soon helped sell $80,000 of customized goods to clients with whom she had a close relationship. Then, in October, the store fired her without severance, citing a pair of episodes in September that the lawsuit did not detail.

The store waited until after Cohen’s dismissal to deliver the $80,000 in customized orders, ensuring the commission went to associates and managers still at the location rather than to her, she said in the lawsuit, first filed in late January but not previously reported on.

Cohen’s lawsuit said she is among the 63% of workers who – according to a study at the University of Massachusetts, Amherst – eventually lost their jobs after complaining to the EEOC about their employers.

She demands damages, contending that her former bosses violated several laws prohibiting discrimination, retaliation, intentional infliction of emotional distress, abusive labor standards and unfair wages.

The lawsuit also argued that Cohen deserved damages because Gucci subjected her to tactics frequently used by labor traffickers, including by duping her with promises that if she just stuck it out a little longer she would eventually receive compensation commensurate with her unpaid sacrifices.

Holder – whose past clients include 50 plaintiffs who settled a sexual harassment lawsuit against the Twin Peaks restaurant chain – said attorneys for Gucci threatened to seek legal sanctions against her if she didn’t remove the trafficking allegations. But Holder said she had no intention of doing that.

“This case,” Holder said, “has international importance for … working women.”

The Law Firm of Tamara N Holder, LLC
Any information contained herein is not to be construed as legal advice.
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