1. Why should HIM professionals be aware of laws affecting the management of personnel?
2. What is the role of the Equal Employment Opportunity Commission (EEOC)?
3. The Equal Employment Opportunity (EEOC) website, introduced in the text, describes a number of discriminatory practices that are prohibited by a variety of laws. Which of these do you think creates the greatest liability concerns for a healthcare manager? Consider your response, in particular, tothe demographics of the area in which you live.
4. Discuss the Immigration and Reform Act of 1986 and what an employer must be aware in order to be in compliance withother discrimination laws.
5. How does Title IV of the Civil Rights act relate to limited English proficiency speaking individuals?
6. What is the difference between exempt and nonexempt employees? If you had a choice, how would you like to be classified and why?
7. What are some issues related to union contracts and the role of the National Labor Relations Board? 8. How does collective bargaining protect the employee, employer?
9. If you were working in a healthcare facility and were accidentally stuck by a needle that had been previously used on a patient, what federal law would you hope your employer was adhering to in regard to minimizing such risk?
What rights do employees have under OSHA
Expert Solution Preview
As a medical professor, it is important to educate future healthcare professionals not only on medical knowledge but also on the various laws and regulations that affect the management of personnel in the healthcare industry. In this context, this assignment focuses on the legal awareness that HIM professionals should have regarding personnel management.
1. HIM professionals should be aware of laws affecting the management of personnel because these laws govern how employees are treated in the workplace, including their rights, responsibilities, and protections. HIM professionals are responsible for overseeing the personnel in healthcare organizations, and they need to ensure that the organization is compliant with relevant laws such as antidiscrimination, equal employment, and labor laws.
2. The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces laws related to workplace discrimination based on race, color, religion, sex, national origin, age, disability, and genetic information. The EEOC investigates complaints of discrimination, provides education and outreach programs, and issues regulations and guidelines to prevent workplace discrimination.
3. Discriminatory practices such as harassment, retaliation, and unequal treatment create the greatest liability concerns for healthcare managers. These practices are prohibited by various laws such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Healthcare managers need to ensure that their organization does not engage in any form of discrimination and that employees are trained on what constitutes discriminatory behavior.
4. The Immigration and Reform Act of 1986 requires employers to verify the employment eligibility of all new hires and prohibits discrimination based on national origin or citizenship status. Employers must ensure that they comply with this law as well as other antidiscrimination laws such as Title VII and the ADA.
5. Title IV of the Civil Rights Act prohibits discrimination based on national origin and requires covered entities to provide language assistance services to limited English proficiency speaking individuals. Healthcare organizations must ensure that they have language assistance services available to patients who may have difficulty communicating in English.
6. Exempt employees are salaried employees who are exempt from overtime pay and are generally classified as executive, administrative, or professional employees. Nonexempt employees are typically hourly employees who are entitled to overtime pay. If given a choice, I would prefer to be classified as an exempt employee as it would provide more job stability and a higher salary.
7. Issues related to union contracts include negotiations over wages, benefits, and working conditions. The National Labor Relations Board (NLRB) is responsible for enforcing labor laws, investigating and remedying unfair labor practices, and conducting union representation elections.
8. Collective bargaining protects the rights of both employees and employers by providing a fair and mutually agreed-upon contract that outlines the terms and conditions of employment. It helps to ensure that employees have a voice in their workplace and can negotiate for better wages, benefits, and working conditions.
9. If accidentally stuck by a needle that had been previously used on a patient, the federal law that employees would hope their employer adhered to would be the Needlestick Safety and Prevention Act of 2000. This law requires employers to implement measures to prevent needlestick injuries, including the use of safer needle devices, providing training to employees, and keeping a sharps injury log.
10. Employees have the right to a safe and healthy workplace under the Occupational Safety and Health Act (OSHA). OSHA requires employers to provide a workplace free from recognized hazards, provide training to employees, and maintain records of workplace injuries and illnesses. Employees also have the right to report health and safety violations to OSHA without fear of retaliation.