Employment and Workplace Laws Essay

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Chapter 5
Ethics and the Workplace

Learning Objectives
• Laws surrounding employment in healthcare.
• What to do if you are a victim of discrimination.
• How to find the code of ethics related to your profession. • Medical practice acts.
• Ethical issues surrounding the healthcare workplace. • How to report an ethics violation.
• The progressive discipline technique.

Key terms
Age Discrimination in Employment Act
Americans with Disabilities Act (ADA)
Civil Rights Act
Equal Employment Opportunity Commission
(EEOC)
Equal Pay Act
Fair Labor Standards Act (FLSA)

Key Terms continued…
Family and Medical Leave Act
Medical practice acts
Occupational Safety and Health Act
Patient Protection and Affordable Care Act
Pregnancy Discrimination Act
Progressive Disciple Model
Rehabilitation Act

Workplace Laws and
Healthcare Professionals
• Employers must follow federal on employment.
The Fair Labor Standards Act (FLSA), 1938, sets minimum wage limits, regulates overtime pay standards, and establishes guidelines for youth employment. • All employers must comply with FLSA except small, independently owned construction, retail, and service businesses.
• FLSA provisions apply to healthcare as follows:-

Workplace Laws and
Healthcare Professionals cont…
1. The Equal Pay Act prohibits sex-based wage differences; it does not mean that men and women will receive the same pay because other factors can determine an employee’s pay rate, e.g., education.
2. The Family Medical Leave Act requires employers in qualifying circumstances to allow employees up to 12 weeks of unpaid job-protected leave each year after 1 year of employment.
3. The Patient Protection and Affordable Care Act,
2010.

Workplace Laws and
Healthcare Professionals cont…
• The U.S. Department of Labor oversees these laws, except the Equal Pay Act that is overseen by the
Equal Employment Opportunity Commission (EEOC).
• EEOC oversees several other laws in healthcare:
1. The Civil Rights Act, 1964, prohibits discrimination based on sex and race in hiring, promoting, & firing processes. Title VII prohibits discrimination on the basis of race, color, religion, sex, or national origin.

Workplace Laws and
Healthcare Professionals cont…
2. The Age Discrimination in Employment Act,
1967, prohibits employment discrimination against individuals 40 years or older.
3. The Rehabilitation Act, 1973, requires minimum accommodations to oppose discrimination against qualified individuals based on disability. The act applies to organizations receiving financial assistance from the federal government.

Workplace Laws and
Healthcare Professionals cont…
4. The Pregnancy Discrimination Act, 1978, amends Title VII of the Civil Rights Act to prevent an employer refusing to hire or firing a woman because she is pregnant.
5. The Americans with Disabilities Act, 1992, prohibits discrimination of individuals with physical or mental disabilities. It extends the
Rehabilitation Act to employers with 15 employees or more.

Workplace Laws and
Healthcare Professionals cont…
• The EEOC has guidelines that employers should follow during the employment interview process. Questions must not be discriminatory.
Future employees can volunteer information on age, marital status, and religion – but employers should not ask such questions. See sample list.
• There are guidelines and time restrictions (180 days) to file discrimination complaints with the
EEOC. Case in Point: Cheryll Hall.

Workplace Laws and
Healthcare Professionals cont…
6. The Occupational Safety and Health Act is administered by the The Occupational Safety and Health Administration (OSHA). OSHA is responsible for regulating the safety and health conditions of most private and public work environment. OSHA reports that more workers are injured in healthcare and social services (e.g., workplace violence) than in any other industry. Case in Point: Acadia Hospital.

The Healthcare Team—
What is Your Role?
• There are many different types of
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