Institutionalized
Violence: When Does Care Giving Become Submission to Violence? Work Related
Risks for Health Care Providers
Pat McGovern, Ph.D., Associate Professor, Dave Cossi, J.D., Adjunct Assistant
Professor, and Mary Findorff, R.N., M.P.H., Research Coordinator; Division
of Environmental and Occupational Health, School of Public Health, University
of Minnesota
For more than four months, Kate, Ann and Teresa, employees of Bates House,
an Adult Foster Care Home, endured sexually aggressive and violent acts
perpetrated by Ronnie, one of their residents. After multiple requests
to management for assistance in preventing or redirecting Ronnie's behavior,
they eventually quit their jobs and filed a claim of sexual harassment
against Care Homes, the management corporation for Bates House. Care Homes
claimed it took appropriate and timely action to eliminate or lessen Ronnie's
behavior. Furthermore, it argued that the law of sexual harassment did
not apply to persons with mental disabilities who lived at their facilities.
This case study allows for discussion of sexual harassment as an occupational
health and safety issue and supports exploration of employer liability
for harassment committed by developmentally disabled adults in care. It
highlights how one employer treated low-paid yet deeply dedicated women
care workers while supporting a discussion of how managers should respond.
An Epilogue and Case Teaching Notes provide the legal resolution of the
case and resources for information regarding sexual harassment law and
work-related violence.