Male Resident Catcalls: Compliment or Sexual Harassment?
By:
David S. Barmak, JD CEO
It’s 3:00 am in a nursing home and a young female CNA enters a room shared by two old men. As she enters, the two men whistle and catcall at her. Compliment or Sexual harassment?
On September 12, 2010, when Mexican television reporter Ines Sainz and her male colleagues entered the New York Jets football players’ locker room after a game to conduct interviews, some players whistled and catcalled at her. After the incident became public, the Jets owner apologized but a number of commentators inexplicably defended the players’ behavior.
I have often been asked by female administrators to try to explain why many of their male employees continue to act in ways which are demeaning and disrespectful to female employees knowing well that their behavior is unlawful and puts them at risk of losing their job.
This incident with the reporter highlights the reality that many men in our society still think it is socially acceptable for men to whistle at females, especially if their male friends are watching and condoning their behavior.
The reporter was asked if players’ comments made her feel uncomfortable. “Uncomfortable in the way that you know that you are in the focus,” she said. “OK, it’s not the best sensation. But not uncomfortable in the way that I feel danger or sexual aggressive. No.” She added that she heard players say, “‘Oh, look at that and that kind of thing that you know they are talking about you. But I never hear something sexual. I never hear something sexual. That part is important.” Nevertheless, Sainz did hear some comments. “They talked a little bit in Spanish — Bonita senorita — it means pretty woman,” she said. “So, I ultimately hear but it’s not uncomfortable in the moment I hear. Only is in the way that ‘OK, I don’t want to have too much attention at this time.'” Bottom line: Ms. Sainz said the catcalls made her feel “very uncomfortable”. She is caught in the middle of being honest but wanting to be able to continue her job as a television reporter.
How many female nurses and aides, dietary workers and housekeepers, among others, have experienced intruding stares, offensive comments and intruding touches from male residents who are aware of their actions and knowingly direct their behavior towards the female employees in nursing facilities? From male employees? Far more than actually complain to their supervisors. In nursing homes, administration is usually predominately male while caregivers are usually predominately female. It is critical that administration continue to recognize that even the smallest of sexual intrusions and innuendos by male residents and male employees who are aware of their actions and knowingly direct their behavior towards the female employees must not be ignored and is unacceptable within the nursing home. Why? Because, as Ms. Sainz said, it makes women feel uncomfortable.
A critical distinction must be made between those male residents who are aware of their actions and those who are not. No doubt there are countless times when a male demented resident grabs, touches and says inappropriate things to a female caregiver. Often the only solution is to either have a male caregiver assigned to the male demented resident or to provide care in teams of two caregivers at all times. There is not much that can be done about verbal issues with a demented male resident. A psychologist and / or social worker is usually called in to help but the dementia is the major contributing factor. Unfortunately the dementia will not get better and will likely get worse. Nevertheless, if administration does not provide full support and take complaints about the male demented resident seriously, the nursing home will have major troubles if the CNAs refuse to care for these particular residents because of what they perceive as “sexual harassment”. Transferring these male demented residents to other facilities is very unlikely if they are not a danger to themselves or others.
Studies have supported that very few women feel flattered and most women feel insulted, angry and threatened by catcalls, verbal slurs, pinches and stalking. Only a few women have not experienced some form of unwanted public attention by men. Carol Brooks Gardner has written a book, Passing By, which examines these types of gender-related public harassment. Based upon interviews with hundreds of women and men, she documents these types of indignities that women experience in public places. The typical pattern of harassment occurs when men take advantage of a woman’s momentary or permanent vulnerability.
A study conducted by psychologists at Rutgers University in New Jersey found that young women subjected to high volumes of whistling and catcalls can be subject to lasting low self-esteem.
Any process that dehumanizes our co-employees must not be tolerated. Studies are examining this type of social behavior in public places but where could this be more important and apparent than in a nursing home where a male resident knowingly dehumanizes a woman who is taking care of his every physical need which includes changing his sheets, bathing him, feeding him and attending to his other personal needs? The resident treats the CNA as he may have always done with women prior to admission to the nursing home or he may be trying to impress his male roommate and prove that his masculinity is still alive and well or he may to try to intimidate the CNA as a way to remind her that the room is male turf.
If our nursing homes are going to improve the quality of care that is provided, there must be unconditional support and respect for our CNAs, the front line of quality care. Listening and effectively responding to our CNAs’ complaints and concerns about the perceived abuse that they receive from the male residents and male employees who are aware of their actions and knowingly direct their behavior towards female employees must become a top priority for administration – because the stakes are enormous. Substandard quality of care can easily result in Department of Health deficiencies, government allegations of false claims and professional liability lawsuits, all of which lead to reduced reimbursement as well as greater employee turnover and reduced employee morale. A simple mantra for our nursing homes should be: “respect leads to the highest quality of care”.
