Transcript Healthcare Human Resource Management Legal Issues Affecting

Healthcare
Human Resource
Management
Flynn
Mathis
Jackson
Chapter 4
Legal Issues Affecting
the Healthcare Workplace
PowerPoint Presentation by
Tonya L. Elliott, PHR
Langan
Learning Objectives
After you have read this chapter, you should
be able to:
 Describe the major law affecting the healthcare workplace
 Define what are lawful and unlawful pre-employment
inquiries
 Discuss the components of an Affirmative Action Plan
(AAP)
 Identify the important elements of a sexual harassment
prevention program
 Describe the steps in responding to an EEO complaint
 Compare and contrast legal responsibilities and ethics
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Major HR Law Affecting the Workplace
The Civil Rights Act of 1964
Contains:
Title VII – Equal Employment Opportunity
Created due to Congress finding patterns of:
 Exclusion
 Discrimination
 Segregation
 Inferior treatment of minorities and women
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Equal Employment Opportunity (EEO)
A broad concept holding that individuals should have
equal treatment in all employment-related actions
Protected individuals are protected against:
Illegal Discrimination – occurs when individuals having
a common characteristic are discriminated against
based on that characteristic
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EEO: Protected Class
Protected class
-- those having the designated characteristics
 Race, ethnic origin, color
African/Hispanic/Native or Asian Americans
 Gender (women, including those who are pregnant)
 Age (individuals over age 40)
 Individuals with disabilities (physical or mental)
 Military experience (Vietnam-era veterans)
 Religion (special beliefs and practices)
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EEO: Affirmative Action
Affirmative action -- when employers identify problem
areas, set goals, and take positive steps to guarantee
equal employment opportunities for those in
protected classes
voluntary
required if > 50 employees & > $50K government
contracts
Under-representation – when protected class members
are underrepresented in an organization in relation to
their availability in the labor markets
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EEO: Reverse Discrimination
Reverse Discrimination
… discrimination of non-protected class members
… the idea that affirmative action leads to quotas and
preferential selection of protected class members
Current volatile issue in U.S. courts
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Major Federal EEO Laws & Regulations
Equal Pay Act
Title VII, Civil Rights Act of 1964
Executive Orders 11246 and 11375
Age Discrimination in Employment Act
Executive Order 11478
Vocational Rehabilitation Act
Rehabilitation Act of 1974
Vietnam-Era Veterans Readjustment Act
Pregnancy Discrimination Act
Immigration Reform and Control Act
Americans With Disabilities Act
Older Workers Benefit Protection Act
Civil Rights Act of 1991
Congressional Accountability Act
1963
1964
1965, 67
1967
1969
1973
1974
1974
1978
1986, 90, 96
1990
1990
1991
1995
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Civil Rights Act of 1964, Title VII
Prohibits discrimination in employment on basis of race,
color, religion, sex, or national origin
Key concept: to bring equality in all employment-related
decisions
Equal Employment Opportunity Commission
(EEOC)
-- agency responsible for enforcing Title VII
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EEOC Compliance
Affected Organizations:
Employers with 15 or more employees
Recommended: EEO policy statement
Widely communicated
EEOC Record
Maintenance
Requirements
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Lawful & Unlawful Pre-Employment Inquiries
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Lawful & Unlawful Pre-Employment Inquiries (cont’d)
Figure 4-2 (cont’d)
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Bona Fide Occupational Qualification (BFOQ)
Bona Fide Occupational Qualification
A legitimate reason why an employer can exclude
persons on otherwise illegal bases of consideration
Title VII
May discriminate based on sex, religion, national origin
if characteristic is reasonably necessary to the
normal operation of the business (BFOQ)
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Disparate Treatment / Disparate Impact
Disparate Treatment
…protected class members are treated differently
Disparate Impact
…substantial under-representation of protected-class
members resulting from employment decisions that
work to their disadvantage
Employers have burden of proof
Employers are prohibited from retaliation
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Civil Rights Act of 1991
Requires employers show employment practice is:
Job-related
Consistent with business necessity
Court Ramifications:
Employers must show protected class status played
NO factor in decision making
Compensatory & punitive damages available
Jury Trials
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Affirmative Action Regulations
Executive Orders 11246, 11375, and 11478
-- prohibits holders of government contracts from
discriminating against members of protected class,
and to create affirmative action plans
-- issued by the President of the United States
Office of Federal Contract Compliance
Programs (OFCCP)
-- responsibility for enforcing nondiscrimination in
government contracts
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Affirmative
Action Plans
(AAPs)
Figure 4-3
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Sexual Harassment and Gender Discrimination
Applicable Law: Title VII, Civil Rights Act of 1964
Governed by: EEOC
Prohibits discrimination in employment on the basis of gender
2 Types of Sexual Harassment:
1.
Quid pro quo – “something for something”
2.
Hostile environment – interferes with work
performance or psychological well-being or creates
intimidating or offensive working conditions
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Sexual Harassment: Potential Sexual Harassers
Figure 4-4
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Sexual Harassment: Employers’ Responsibility
Employers should ensure reasonable care:




Establish a sexual harassment policy
Communicate policy regularly
Train all employees and management
Prompt investigation and action taking
PREVENTION: the best tool to eliminate
sexual harassment in the workplace!!!
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Pregnancy Discrimination
Applicable Law: Pregnancy Discrimination Act (PDA) of 1978
Governed by: EEOC
 Requires employers treat maternity leave the same as other
personal leaves
_____________________________________________________
Applicable Law: Family Medical Leave Act (FMLA) of 1993
Governed by: EEOC
 Requires individuals be given up to twelve weeks of family
leave without pay and allows these individuals to return to
their jobs
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Equal Pay and Pay Equity
Applicable Law: Equal Pay Act of 1963
Governed by: EEOC
 Requires employers to pay similar wage rates for similar
work without regard to gender
Differences in pay allowed because of:
Differences in seniority or performance
Differences in quality and/or quantity of production
Factors other than sex (skill/effort/working conditions)
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Equal Pay and Pay Equity (cont’d)
Pay equity
-- concept that says the pay for jobs requiring
comparable levels of knowledge, skills, and ability
should be similar, even if actual duties differ
significantly
-- also called “comparable worth”
The Glass Ceiling
-- refers to the discriminatory practices that have
prevented women and other protected-class
members from advancing to executive-level jobs
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Immigration Reform And Control Act (IRCA)
The IRCA of 1986
-- illegal for an employer to discriminate in recruiting,
hiring, or terminating based on an individual’s
national origin or citizenship
Purpose
to address problems arising from
the continued flow of immigrants
to the United States
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Religious Discrimination & Sexual Orientation
Religious Discrimination
-- Title VII of the Civil Rights Act prohibits discrimination
based on religion
-- Religious schools & institutions can use religion as a
bona fide occupational qualification (BFOQ)
Sexual Orientation
-- Some states and cities have passed law prohibiting
discrimination based on sexual orientation/lifestyle
-- Some legislation addresses the issue of benefits
coverage for “domestic partners”
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Veterans’ and Military Employment Rights
The Vietnam-Era Veterans Readjustment Act
-- Requires affirmative action in hiring and advancing
Vietnam-era veterans be undertaken by federal
contractors and subcontractors with contracts of
$10,000 or more
The Uniformed Services Employment and Reemployment Rights Act of 1994
-- Employees must notify employers of military service
obligations
-- Employees must be provided leaves of absence and
reemployment rights for up to 5 years
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Enforcement Agencies
Equal Employment Opportunity Commission (EEOC)
Responsibility for: employment-related aspects of CRA
Activities ------ initiates investigations
------ responds to complaints
------ develops guidelines to enforce laws
Office of Federal Contract Compliance (OFCCP)
Responsibility for: nondiscriminatory practices in government
contracts
Activities ------ ensure covered employers have affirmative
action plans to counter prior discrimination
practices
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Equal Employment Charges By Type
Figure 4-5
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Source: Equal Employment Opportunity Commission, 2001.
Uniform Guidelines on Employee Selection Procedures
“No-Disparate-Impact” Approach
Four-fifths rule
Discrimination = the selection rate of the protected
group is less than 80% (four-fifths) of the selection
rate of the majority group or less than 80% of the
group’s representation in the relevant labor market
Job-Related Validation Approach
Validity -- the extent to which a test actually measures
what it says it measures
Reliability -- the consistency with which a test
measures an item
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Three Types of Validation Approach
Content Validity

Logical, non-statistical method used to identify the
knowledge, skills, and abilities and other
characteristics necessary to perform the job
Criterion-Related Validity
1.
2.
Concurrent Validity -- tests given to employees and
scores correlated with job performance
Predictive Validity – tests results of applicants are
compared with the job performance
Construct Validity

Relationship between an abstract characteristic
inferred from research and job performance
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Elements of EEO Compliance
EEO Policy Statement
EEO Records Retention (3 years minimum)
EEO-1 Report
Applicant Flow Data
EEO Investigation Compliance
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EEO Investigation Process
Figure 4-6
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Ethics, Law, & HR Healthcare Management
Laws and ethics intersect, but are not the same
Figure 4-7
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