Ethics Chapter 5

What are some risks for injuries defined by OSHA?

-Exposure to bloodborne pathogens, biologic hazards, chemicals, drugs -Ergonomic hazards from lifting and repetitious tasks -Workplace violence -Laboratory hazards -Exposure to radioactive materials, including x-rays

What does the 12 weeks of unpaid job-protected leave of the Family and Medical Leave Act include?

-sick leave -vacation -childbirth, care of a sick infant -adopting or accepting a foster child -care of a sick child, spouse, or parent -employee's serious health condition

EEOC Guidelines, which question is legitimate to ask: 1) Are you able to perform all the essential duties required of this job? 2) Do you have any disabilities? 3) Have you had any recent or past illnesses or operations? 4) When was your last physical exam?

1

EEOC Guidelines, which question is legitimate to ask: 1) Are you authorized to work in the US? 2) Are you a US citizen? 3) Where were you or your parents born?

1

EEOC Guidelines, which question is legitimate to ask: 1) Have you ever been convicted of (a crime that is reasonably related to job duties or honesty)? 2) Have you ever been arrested?

1

EEOC Guidelines, which question is legitimate to ask: 1) IN which languages do you consider yourself fluent? 2) What do you consider to be your native language?

1

EEOC Guidelines, which question is legitimate to ask: 1) In which branch of the military did you serve? 2) Were you honorably discharged from the military?

1

EEOC Guidelines, which question is legitimate to ask: 1) What professional or trade organizations related to this job do you have membership in? 2) What clubs or social organizations do you have membership in?

1

List the steps of the Progressive Discipline Model:

1) Provide counseling or verbal warning 2) Give a written warning with specific guidelines for improved performance 3) Suspend or demote the employee 4) Terminate the employee *These are employees who have committed an ethical violation; any criminal action would be treated differently*

Generally, an individual has __________ days to file a complaint for violations of the Civil rights act, the Americans with Disabilites act, or the Age discrimination act.

180 days If the EEOC determines that discrimination has occurred, it will first contact the employer and attempt to *conciliate*

EEOC Guidelines, which question is legitimate to ask: 1) How old are you? 2) Are you at least 18 years old? 3) When did you graduate from high school? 4) What is your date of birth?

2

EEOC Guidelines, which question is legitimate to ask (more than 1): 1) Do you plan to have a family? When? 2) Would you be able to travel as needed for this job? 3) How many children do you have? 4) What type of children do you care for? 5) Would you be available to work overtime as necessary?

2 and 5

EEOC Guidelines, which question is legitimate to ask: 1) Are you married? 2) Who lives in your house? 3) Would you be willing to relocate if necessary?

3

Law signed in March 2010 includes a requirement that employees provide reasonable break time for new mothers to pump breast milk This requirement lasts for 1 year after the birth of a child and includes an appropriate setting for expressing the milk, which excludes bathrooms This act also requires businesses to provide some form of healthcare insurance if they have more than a certain number of full-time employees

Affordable Care Act of 2010

prohibits employment discrimination against individuals 40 years of age or older

Age Discrimination in Employment Act of 1967

prohibits discrimination of individuals with physical or mental disabilities It extends the Rehabilitation Act to all employers with at least 15 employees. Any substantial physical or mental impairment that limits at least one significant life activity (walking, cognition, breathing, seeing) is considered a *disability*

Americans with Disabilities Act (ADA) of 1992

prohibits the discrimination of anyone based on sex and race during the hiring, promoting, and firing processes. Title VII of this act changes the wording to prohibit employment discrimination on the basis of race, color, religion, sex, or national origin.

Civil Rights Act (1964)

The EEOC oversees several laws that are important to healthcare including:

Civil Rights Act (1964) Age Discrimination in Employment Act (1967) Rehabilitation Act (1973) Pregnancy Discrimination Act (1978) Americans with Disabilities Act (ADA) (1992)

All healthcare professionals must follow the ___________ related to their profession

Code of Ethics

___________ might involve asking the company to hire or rehire, promote, or award back pay to the victim of discrimination.

Conciliation

What is the purpose of a progressive discipline model?

Encourage the employee to improve job performance, rather than to punish

While the Equal Pay Act is a provision of the Fair Labor Standards Act, it is actually overseen by the ___________.

Equal Employment Opportunity Commission (EEOC)

prohibits sex-based wage differences between men and women employed in the same establishment who perform jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions This act DOES NOT mean that men and women will always receive the same pay

Equal Pay Act

List some of the provisions under this act (Fair Labor Standards Act) that specifically apply to healthcare professionals

Equal Pay Act Family and Medical Leave Act Affordable Care Act *All of these laws are overseen and enforced by the Wage and Hour Division of the US department of Labor*

T/F: The Equal Pay Act guarantees that all employees will receive equal compensation.

FALSE Depends on education level, length of employment, work experience, etc.

T/F: Title VII of the Civil Rights Act only applies to race or color.

FALSE It includes race, color, religion, sex, or national origin.

T/F: If a healthcare professional moves to a new state, he or she will not be required to apply for a new license or certificate to legally practice in that state.

FALSE They will be required to apply for a new license or certificate

Law made in 1938 Sets minimum wage limits, regulates overtime pay standards, and establishes guidelines for youth employment

Fair Labor Standards Act (FLSA)

T/F: The Age Discrimination in Employment Act prohibits employment discrimination against individuals 50 years and older.

False; 40 years old and older

T/F: The Family and Medical Leave Act applies to all employees

False; you must have at least 1 year employment

requires employers, given qualifying circumstances, to allow employees up to 12 weeks of unpaid job-protected leave each year after at least 1 year of employment that includes at least 1,250 hours of work

Family and Medical Leave Act

____________ vary from state to state and serve to govern the practice of medicine.

Medical Practice Acts

Vary from state to state and serve to govern the practice of medicine Once a healthcare professional obtains a degree, he or she will need to obtain a license or certificate from the state in which he or she wishes to obtain a job *State laws related to licensure and certification*

Medical practice acts

Employers are responsible for maintaining a safe work environment for employees and patrons in private and public work environments

Occupational Safety and Health Act (OSHA)

An act that includes the requirement that employees provide reasonable break time for new mothers to pump breast milk.

Patient Protection and Affordable Care Act

Amends Title VII of the Civil Rights Act This act makes it illegal for an employer to refuse to hire a woman because she is pregnant It also prohibits firing a woman who is pregnant simply because she is pregnant or forcing her to go on maternity leave

Pregnancy Discrimination Act of 1978

An employer that decides to discipline the healthcare professional rather than terminate him or her might use a ___________.

Progressive discipline model

requires that employees not discriminate against qualified individuals based on disability. This means if a disabled individual is able to perform the job duties required with minimal accomodations from the employer, he or she is protected from discrimination *This act only applies to organizations receiving financial assistance from the federal government*

Rehabilitation Act of 1973

T/F: All employers must comply with FLSA except small, independently owned construction, retail, and service businesses

TRUE

T/F: The ADA also includes individuals with HIV/AIDS, past disabilities, rehabilitated drug addicts and alcoholics, obesity

TRUE

T/F: A prospective employer is restricted in the type of questions that can and cannot be asked during an interview.

TRUE

T/F: No criminal charges can be filed for strictly ethical violations.

TRUE -In some cases, the healthcare worker may be required to pay restitution to the affected parties

T/F: Complying with OSHA regulations requires up-to-date knowledge of any changes and updates in techniques or procedures.

TRUE EX: while bed rails used to be common in most healthcare facilities to protect patients, they have been replaced with lowered beds and floor mats to avoid claims of false imprisonment

the _________ prohibits discrimination against individuals 40+ years old

age discrimination in employment act

If a healthcare professional is found to have committed an ethics violation, there is a risk of:

civil penalities possible loss of job (decided by the employer whether to discipline or terminate the employee) possible loss of license (decided by the state licensing board)

In general, ethical violations should be reported at the place of ___________ first.

employment If you feel comfortable, it may be beneficial to approach the fellow employee first Sometimes a coworker may be unaware his behavior is unethical and simply needs a reminder

According to OSHA's website, more workers are injured in __________ and ___________ industries than any other industry

healthcare and social services

According to the Equal Employment Opportunity Commision, any suspected cases of discrimination may be filed:

in person by mail or phone to the EEOC office

PAHCOM

professional association of health care office management

OSHA is responsible for regulating the ____ and _____ conditions of most private and public work environments

safety and health conditions

A __________ plan for evaluation helps keep staff in line with standards and performance measures.

systematic

the ___________ sets minimum wage limits, regulates overtime pay standards, and establishes guidelines for youth employment

the fair labor standards act (FLSA)