Sexual Harassment by Doctors and Physicians in New York
A doctor does not have to be your formal supervisor to have tremendous influence over your career. A surgeon may influence which nurses work in the operating room. An attending physician may affect your assignments, evaluations, or professional reputation. A medical director may have a say in your advancement or continued employment.
When someone with that authority makes unwanted sexual advances, engages in inappropriate touching, pressures you into a personal relationship, or punishes you for rejecting them, the conduct may violate federal, New York State, or New York City employment discrimination laws.
Nurses, medical assistants, physician assistants, nurse practitioners, residents, technicians, and other healthcare employees do not have to tolerate sexual harassment simply because the person responsible is a respected physician, senior surgeon, or important revenue producer for the hospital.
At Phillips & Associates, we represent employees, and only employees. We look at more than the inappropriate conduct itself. We examine the authority the doctor exercised, what the hospital or medical practice knew, how management responded, and what happened to the employee's career after the conduct was rejected or reported.
Our firm has handled more than 2,000 sexual harassment matters, litigated approximately 2,000 employment cases, and recovered more than $360 million for employees across our employment practice. Every client receives a dedicated legal team consisting of two attorneys and a paralegal, supervised by a partner or senior litigator. Many of the firm’s partners have worked together for more than a decade. This structure combines the resources of a substantial plaintiff-side employment practice with partner-led, boutique-style representation.
If you are experiencing sexual harassment in a hospital, medical practice, or other healthcare setting, you can speak with an employment attorney before deciding whether to report the conduct or pursue legal action.
Free and confidential consultation: (866) 229-9441. No attorney fees unless we recover compensation for you.
What Is Sexual Harassment by a Doctor or Physician?
Sexual harassment by a doctor or physician occurs when unwelcome conduct of a sexual nature, or other conduct based on sex, violates applicable workplace discrimination laws. For an overview of the broader laws and available remedies, see our New York sexual harassment lawyer page.
In healthcare workplaces, sexual harassment may involve attending physicians, surgeons, medical directors, department heads, supervising physicians, or senior clinical employees. This page focuses on harassment by doctors and people with medical authority over nurses and other employees. For broader issues, including harassment by patients and visitors, see our guide to sexual harassment of healthcare workers.
Examples include:
- A surgeon repeatedly making sexual comments to a nurse during procedures.
- A physician touching a nurse's waist, buttocks, breasts, or other body parts without consent.
- A department head repeatedly asking an employee for dates after being rejected.
- A senior physician sending sexually suggestive text messages or photographs to a subordinate.
- A doctor suggesting that favorable assignments, mentorship, references, or professional opportunities depend on sexual attention.
- A physician pressuring a nurse, resident, or medical assistant into a sexual relationship.
- A doctor treating a nurse or other subordinate employee unfavorably after a romantic or sexual relationship ends, including changing assignments, excluding the employee from procedures, giving negative evaluations, or interfering with career opportunities.
- A senior healthcare employee spreading sexual rumors after an employee rejects advances.
- A doctor threatening to damage an employee's reputation or career after being reported.
Sexual harassment does not have to involve physical touching. Verbal harassment, unwanted advances, electronic communications, sexual coercion, and mistreatment following the end of a workplace relationship may support legal claims, depending on the circumstances.
Why Sexual Harassment in Hospitals Often Involves an Abuse of Power
Hospitals operate within established professional hierarchies. Physicians, surgeons, department heads, nursing supervisors, and hospital administrators may exercise different forms of authority over other healthcare workers.
A nurse may technically report to a nursing manager while working daily with a surgeon who influences operating room assignments, scheduling, professional evaluations, or recommendations to hospital leadership.
A resident may depend on an attending physician for evaluations, clinical opportunities, recommendations, and advancement.
A medical assistant employed by a private practice may depend on the physician who owns the business for continued employment.
This creates a difficult situation when the person engaging in sexual harassment also has significant influence over the employee's career. A physician may begin with mentorship, special attention, or preferred assignments and then push personal boundaries. Those gestures are not automatically unlawful, but they can become important context when followed by unwanted sexual pressure or punishment after rejection.
Employees may fear that reporting a physician will result in:
- Losing preferred shifts or operating room assignments.
- Being transferred to a less desirable department.
- Receiving negative performance evaluations.
- Being excluded from important procedures or training.
- Losing advancement or leadership opportunities.
- Being accused of poor performance or insubordination.
- Having their professional reputation damaged.
- Being terminated or pressured to resign.
The fact that a physician is highly respected, generates substantial revenue, or is considered essential to a hospital does not excuse sexual harassment. When job benefits or consequences are tied to sexual attention, our quid pro quo sexual harassment guide explains how those claims are evaluated.
The relevant questions include what happened, whether the conduct was unwelcome, what authority the individual exercised, what the hospital knew, and how the employer responded.
Sexual Harassment of Nurses in Operating Rooms, Emergency Departments, and Hospital Units
Sexual harassment can occur in any healthcare setting, but certain environments create particular challenges.
Operating Rooms and Surgical Departments
Operating room nurses, surgical technicians, nurse anesthetists, and other clinical personnel often work closely with surgeons under demanding conditions.
Potential harassment includes inappropriate touching during procedures, sexual remarks in front of coworkers, pressure to socialize outside work, or retaliatory exclusion from surgical assignments after rejecting advances.
Emergency Departments and Hospital Units
Emergency room nurses, technicians, and other hospital employees may work long shifts alongside physicians and senior staff.
Sexual harassment may involve repeated comments, unwanted physical contact, inappropriate late-night messages, or pressure to spend time alone with a physician.
Private Medical Practices
In smaller medical offices, the physician accused of harassment may also own the practice, control payroll, supervise employees, and make hiring and firing decisions.
An employee may have no independent HR department or meaningful internal reporting option. The physician may also be the person making decisions about assignments, pay, and whether the employee remains employed.
Medical Training Programs
Residents, fellows, and other healthcare professionals in training may depend on attending physicians and program leadership for evaluations, clinical experience, recommendations, and future career opportunities.
Unwanted sexual advances or retaliation in these relationships can have consequences extending beyond the employee's current position.
Can a Hospital Be Liable for Sexual Harassment by a Doctor?
Yes. A hospital or healthcare employer may be legally responsible for sexual harassment committed by a physician or another healthcare professional.
Liability depends on the facts, including whether the physician was a supervisor for purposes of the applicable law, whether the hospital knew or should have known about the conduct, whether an employment action resulted, and whether the hospital took appropriate corrective action.
For example, potential employer liability concerns arise when:
- Multiple nurses previously complained about the same physician.
- Hospital administrators knew about inappropriate touching or sexual comments but failed to act.
- The hospital transferred the complaining employee while allowing the alleged harasser to remain in the same position.
- A senior physician retaliated after an employee rejected advances.
- HR dismissed allegations because the physician was considered indispensable.
- The hospital conducted an inadequate investigation or failed to stop continuing misconduct.
The legal analysis is more complicated when a physician is an independent contractor or is employed by a separate medical group. The contractual label alone does not necessarily resolve responsibility. Hospitals, physician groups, faculty practices, and staffing agencies may have different roles in the employee's work and in responding to complaints. Which entity may be liable requires a fact-specific analysis.
What If Other Nurses Previously Complained About the Same Doctor?
Prior complaints can become important evidence in a hospital sexual harassment case.
If other nurses, technicians, medical assistants, or healthcare workers previously reported similar conduct by the same physician, those complaints may help establish that hospital leadership had notice of a recurring problem.
Relevant evidence may include earlier HR complaints, internal investigations, witness statements, disciplinary records, and whether the hospital took meaningful corrective action.
Even when a prior complaint was labeled unsubstantiated, it may still have evidentiary significance.
A hospital's decision to protect a highly productive physician instead of addressing repeated harassment allegations can become a central issue in litigation. Our discussion of prior complaints about workplace harassers explains why earlier reports can matter.
Retaliation Against Nurses and Healthcare Workers Who Report Sexual Harassment
Retaliation does not always begin with termination.
In hospitals, retaliation may appear through decisions that seem administrative or clinical but materially change an employee's working conditions.
What changes after a complaint | Why it may matter |
|---|---|
Preferred shifts are removed | May reduce income or make employment less desirable |
Operating room assignments disappear | May reflect exclusion from professional opportunities |
A nurse is transferred to another unit | May be punitive rather than protective |
Performance evaluations suddenly decline | May suggest a retaliatory explanation |
Training opportunities are denied | May affect advancement or professional development |
A resident receives negative evaluations | May threaten future career opportunities |
An employee is isolated or labeled difficult | May support a pattern of retaliatory treatment |
The employee is suspended or terminated | May constitute a materially adverse employment action |
Not every unfavorable scheduling or staffing decision is retaliation. Hospitals must make legitimate clinical and operational decisions.
The important questions are whether the employee engaged in legally protected activity, whether adverse treatment followed, and whether evidence connects the two. Our New York workplace retaliation resource explains how these claims are evaluated.
Frequently Asked Questions About Sexual Harassment in Hospitals
Can I sue a doctor for sexually harassing me at work?
Potentially. Depending on the facts and applicable law, a healthcare employee may have claims against the employer, the individual physician, or both. New York State and New York City laws may permit individual liability in circumstances where federal Title VII does not.
Is it sexual harassment if a doctor repeatedly asks me out?
It may be. One respectful request for a date, without more, is generally different from repeated advances after a refusal. The context matters, especially when the doctor influences the nurse's shifts, assignments, evaluations, or opportunities and workplace treatment changes after the employee says no.
Can a hospital be responsible if the doctor does not directly employ me?
Potentially. A hospital's responsibility depends on the governing law, the doctor's legal role and actual authority, the hospital's knowledge of the conduct, and how it responded. A doctor employed by a separate medical group or working as an independent contractor does not automatically eliminate all potential claims against the hospital.
What if a doctor offered mentorship or better assignments before making sexual advances?
Mentorship and favorable assignments are not automatically harassment. But if a physician uses those opportunities to pressure an employee into a romantic or sexual relationship, or withdraws them after rejection, the sequence of events may be important evidence. Keep records of the messages, opportunities offered, and what changed.
Can I report a surgeon for sexual harassment without losing my job?
Employees are protected against unlawful retaliation for reporting sexual harassment. However, retaliation can still occur in practice. Speaking with an attorney before reporting can help you assess the risks, evidence, and available protections.
What if the doctor says the touching was accidental?
The explanation does not end the inquiry. The nature of the contact, surrounding circumstances, repetition, witness accounts, and other evidence may help determine whether the conduct was accidental or unwelcome sexual touching.
Can a male nurse be sexually harassed by a female doctor?
Yes. Sexual harassment laws protect employees regardless of sex or gender. A male nurse may have a claim involving harassment by a female physician, male physician, or another healthcare employee.
Can I bring a sexual harassment claim if I am a travel nurse or work through a staffing agency?
Yes. Travel nurses and contract healthcare employees may have claims involving the staffing agency, the hospital, or both, depending on the employment relationship and applicable law. The hospital's control over assignments, supervision, and whether the employee's contract continues may be important.
Can I sue if I still work at the hospital?
Yes. Employees do not necessarily have to resign or be terminated to pursue sexual harassment claims. An attorney can help evaluate options while considering the employee's continued employment and risk of retaliation.
How long do I have to file a sexual harassment claim in New York?
New York State and New York City sexual harassment claims generally have a three-year limitations period, subject to the particular claim and procedural circumstances. Federal Title VII claims in New York generally require an EEOC charge within 300 days. Employees should obtain advice promptly because deadlines and filing requirements vary.
Can I recover compensation if I was not fired?
Yes. Depending on the circumstances, employees may recover compensation for emotional distress and other legally recognized harm even if they remained employed and suffered no lost wages.
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$2,000,000 Sexual Harassment
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$3,000,000 Gender Discrimination & Sexual Harassment
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$5,000,000+ Sexual Harassment and Quid Pro Quo
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