clinical management 1: employment law and policies

what reinforces the age discrimination in employment act of 1967

EEOC

why is the following a bad idea: a candidate may wish to 'try the job' for a month or two before deciding whether to request accommodations

-if they are on probation during that 'try out' period, they can already be let go for no specific reason other than 'it's not working out' -if they perform poorly during that 'try out' period, the employer can fire them -if they ask/get accommodations later, the employer can still use that initial poor performance in their yearly review

what falls under substance use and abuse screening

-illegal substances -legal substances (cigarettes, vapes, ecig) -medical substances

how do you differentiate between essential and non-essential job functions

-importance of the duty to your company's operation; -frequency in a work day -sufficient staff to reassign that duty to other employees -can it be redesigned or performed in another way

what are two examples of times when you may not know in advance that you need to take FMLA

-infant adoptions -heart attacks

what is the most effective response to a patient that has asked a therapist out

Thank you for the invitation but no, I value you as a patient

how much time can an employee take for leave according to the FMLA

a total of 12 workweeks of leave during any 12-month period for any one, or more, of the approved reasons

what refers to discrimination that puts someone in a worse position based only on their gender

gender discrimination

how should an employer handle tardiness due to morning sickness

handle it as any other tardiness, everyone must be treated the same

what is the issue with mandatory arbitration

harassed person feels overwhelmed and simply drops the complaint -neither side may believe the solution is fair/appropriate but the results may be binding

why can an employer be found liable regarding vicarious liability

he/she is in the best position to control the employee's actions and did not do so (or did not do so well enough)

what is an environment where the employee dreads going to work/staying at work because the toxic environment is demeaning, uncomfortable, intimidating and offensive to most people

hostile work environment

what does an employer need to think about before turning down a request for accommodations

how they will justify it if it goes to court

what do the EEOC guidelines say about pregnant employees

if an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee

what is a hazen case regarding age discrimination

if it can be proven that cost, not age, led to employment decision

when does the pregnancy discrimination act apply

if the site has over 15 employees

how can an employee act as an independent agent within multisite practices where some satellites are geographically distant

if there is one ownership, then employer is master regardless of where they are geographically distant from employer

how can a new hire reassure the employer that their choice was correct

if they start off in a strong assertive manner

what is the rule of thumb regarding accommodations

it is better to ask for them if you strongly suspect you need them

according to the EEOC guidelines, what is the rule for the length of time employers must hold open a job for a pregnancy related absence

it needs to be the same length of time held open for employees on sick or disability leave

how can an employee act as an independent agent within home health

it used to be all home health employees, but now more are contract employees with a per patient rate

what describes a situation where someone who has actual (or implied) power over another requires that person to do sexual favors of some sort in order to get desirable (or even good) treatment in return

quid pro quo

what is required after an employee return from FMLA leave

the employee must be returned to the same position or to an "equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment"

what happens if race and ethnicity discrimination is proven

the employer may be required to justify not just this hiring decision but their past pattern of decisions

what happens regarding employer liability if it is proven that someone is your employee but what they were doing was not their job/not what the handbook says is your job

the employer may not be held liable

according to the EEOC guidelines, can an employer require a pregnant woman to remain on leave until the baby's birth if the employee has been absent from work as a result of a pregnancy related condition

the employer may not require her to remain on leave until the baby's birth

what would happen if an employer believes that a particular person's pregnancy makes it risky to continue to work...and that working might put the therapist and the baby at risk?

the employers thoughts should not have any bearing on a person's work behavior unless the therapist is incapacitated and unable to do the job

what does the number of employees refer to in the pregnancy discrimination act

the hospital itself, not just to the therapy department and does not matter what state it is in.

what happens to personnel expenses with a new hire

the new hire's salary uses a bulk of the employers expenses relating to personnel

what amended the age discrimination in employment act of 1967

the older workers benefit protection act and civil rights act of 1991

who is the defendant in a discrimination case

the one alleged to have discriminated

who is the plaintiff in a discrimination case

the one discriminated against

what must happen if the cost of providing the needed accommodation is proven to cause an undue hardship on the employer's business

the potential employee must be given the choice of either providing the accommodation or paying for the portion of the cost of the accommodation that causes the undue hardship

why does vicarious liability exist

the principle of respondeat superior: Let the master answer for the servant

according to the EEOC guidelines, how should employees with pregnancy related disabilities be treated

the same as other temporarily disabled employees for: -accrual and crediting of seniority -vacation calculation -pay increases -short term disability benefits

what might happen if the traits that make PT an art are misinterpreted (Holtz article)

the therapist is at risk

what happens if short term disability does not kick in before 2-3 weeks after a woman has delivered the baby

the woman will have to use vacation leave for the 1st few weeks and then switch to disability

why re whistleblowers protected under the employment at will doctrine

their punishment will deter other people from coming forward to report wrongdoing

what is happening to gender discrimination cases

they are increasing as gender fluidity/gender change issues are filed

how much time can an employee take for leave according to the FMLA if spouses are employed by the same employer

they are jointly entitled to a combined total of 12 work-weeks of family leave.

how can an employee act as an independent agent within a consultant role

they are not employees

why might a boss not pay a new hire as much as they would like

they are takins a risk, the boss does not know if they made the right choice

how is the employer allowed to be involved in a pregnant therapists circumstances if they are still able to perform the job

they can -offer a lighter schedule -allow more rest periods -minimize lifting

what if a employee refuses to comply with the employer's usual and customary notice and procedural requirements for requesting leave (FMLA leave)

they can refuse to grant you FMLA if you refuse to follow their policy on how to request it

how can employers screen pregnant employees according to the EEOC

they can use any protocol that is already used to screen other employees for their ability to work

how much time can an employee take for leave according to the FMLA if spouses are employed by different employers

they each get 12 workweeks of family leave

what does quid pro quo mean

this for that

what is pregnancy discrimination an amendment to

title 7 of the civil rights act of 1964

what protects gender discrimination

title 7 of the civil rights act of 1964

why might an employer be annoyed if you do something wrong when the right way was addressed in training

training isn't free, but training is part of investing in a new employee (give them the tools to succeed)

what is a legal use of marijuana in OK

use by persons with a valid medical marijuana license in their home

what is the issue with the following scenario: Therapist or patient seeks a relationship with the other which is reciprocated

violates code of ethics and practice acts

what is the issue with the following scenario: Therapist or patient seeks a relationship with the other which is unreciprocated

violates code of ethics and practice acts

what is the issue with the following scenario: stalking

violates state and federal laws

when do strong cases of age discrimination exist

when an employer has said/texted really offensive statements (and you have kept a dated written log)

when does vicarious liability come into play

when they are your employee and the bad behavior did occur during the job

what increases the risk of patient-to-therapist harassment (Boissonnault article)

when treating patients with cognitive impairment

when must FMLA leave be completed

within 12 months of the qualifying reason

what is the key point of the Jagsi article

workplace behavior of any sort that creates a hostile work environment and/or a quid pro quo expectation is harassment

can employers request criminal history records for prospective employees

yes

can harassment of a supervisor by a subordinate happen

yes

does harassment occur in the health care environment

yes, and it is not a behavior that is a form of stress relief

can therapists use medical marijuana if they have a license

yes, but they cannot practice while under the influence (do not know influence time period)

can women return to work on Monday after giving birth on Saturday

yes, if they want to and are medically cleared to return to work

can employers investigate activity on an employee's personal social media account

yes, it it applies to business

can employers create and enforce rules that restrict the use of marijuana by employees

yes, just like any other controlled substance

can pregnant employees be fired due to tardiness from morning sickness

yes, she can lose her job if she doesn't do her job or violates handbook policy about unexcused lateness/absence or gets sued for poor care

do employers have the right to monitor (listen in and record calls) on its own phone system

yes, to ensure that employees are using the system for its intended purposes -must let employees and callers know -employer must stop listening once they realize it is a personal call, but can take disciplinary actions

what can you use to terminate a mediocre therapist that refuses to develop

you can use employment at will

what is the issue with being on short-term disability (relating to pregnancy)

you could be fired if you are prevented from returning as soon as you planned

what does taking short term disability mean

you have paid for that benefit

what is are the issues with age discrimination

-22% of workplace claims are about age discrimination -hard to prove -losing a case might impact future job seeking -wining: still have attorney fees and lost back pay

what are the requirements for an employer to be covered by FMLA

-50 or more employees -within 75 miles -each working day during each of 20 or more calendar workweeks in the current or preceding calendar year OR -public agencies -public and private elementary and secondary schools

what are the exceptions of the age discrimination in employment act of 1967

-applies to companies with > 20 employees -some state and federal jobs are allowed to set specific retirement age guidelines

what questions need to be asked when creating employer liability

-are you really my employee -if you are my employee, when you did whatever it is that you did...were you performing your job -what were you thinking

when must an employee provide notice to the employer before FMLA leave begins

-at least 30 days advance notice if the need for leave is foreseeable -as soon as practicable if the leave occurs because of a lack of advanced knowledge

what are some value factors that may cause employees to leave if they are not present

-autonomy and growth -engaged in meaningful work -opportunity to develop new skills -recognition of accomplishments -rewards and opportunities (advancement and compensation tied to performance) -favorable work conditions -employment security -positive relationships between employees

why is it expensive to lose staff

-bad reputation -lost patient revenues

when does FMLA apply

-birth/care of newborn child of the employee -placement with employee of a child: adoption/foster care -to care for immediate family member with a serious health condition -medical leave when employee is unable to work because of a serious health condition

what are the steps to follow in any type of discrimination case

-both sides try to get proof barred from being presented -plaintiff makes case (prima facie) -defendant states they did not discriminate, then say if we HAD engaged in behavior claimed by the plaintiff, it would be for these non-discriminatory reasons -plaintiff has to prove that the defendant is pretending that they had perfectly valid reasons but they did not

what is protected regarding methods of worker surveillance

-call monitoring is done for quality purposes and it is announced -video surveillance: signs must notify that cameras are in use; no cameras in bathrooms or private treatment areas

what are examples of items that an employer might include in their procedural requirements for requesting leave

-complete a departmental leave form -notify a scheduling secretary

when is drug testing required

-condition of employment (all new hires test) -after probationary period of employment (probable cause testing)

what are the 2 types of unlawful workplace behavior as it relates to gender discrimination

-confer/deny an employee benefit based solely on employees gender or sex -sexual harassment

who is the master in scenarios where employees act as an independent agent

-contractual PT or OT services -geographically distant OP satellites -home health services -consultant role

what are the issues related to employee loss

-cost -lack of value -incorrect beliefs -failure to effectively manage the work environment

what are some costs involved with hiring

-cost of recruiting -salary -benefit package -training cost

when can employers terminate employees for the possession and/use of marijuana

-if its at work -on work property, vehicles, equipment -during work hours

what is an employer not supposed to ask regarding disability

-if the applicant is disabled -about the nature/severity of an applicant's disability

how does therapist training affect patient-to-therapist harassment (Boissonnault article)

-does not prevent events -increases likelihood that the therapist will report

what are the actions when patients arrive intoxicated

-emphasize signs that impact safety and prevent full participation -reschedule -may need to call them a ride

who are eligible employees according to the FMLA

-employed for employer for at least 12 months -been employed for at least 1250 hours of service during the 12-month period immediately preceding the commencement of leave -employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite

what does the Oklahoma's "Standards for Workplace Drug and Alcohol Testing Act", Okla. Stat. 40-551 state

-employee can refuse testing, but job offer might be rescinded -cannot use failed a drug test as a reason not to hire for a medical marijuana license holder

what are some of the employee issues that will impact you at work

-employee family issues -discrimination -boundaries -employer liability -new considerations in the workplace -digital world

what do the courts say about the OADA change (Oklahoma Anti-Discrimination Act (OADA) added pregnancy in April 2010)

-employer can't put significant burden on pregnant woman -treat them like others that ask for accommodations -involves a temporary disability that is expected to restore to their original health

what are the origins of employee rights

-employer decision -state law -federal law

how does the new OK medical marijuana law impact employment

-employer may not discriminate against an employee because they are a medical marijuana patient -obtaining a license cannot be grounds for termination or discipline

how to deal with patient stalking

-enforce appropriate boundaries for patient behavior -make it clear that relationship is only a professional one -keep evidence -do not return gifts -alert peers -ask them to leave your property (call police) -police report or restraining order if you feel unsafe

what are the different functions when analyzing the job

-essential -marginal/episodic/non-essential

how can stalking behaviors escalate

-following -maintaining social media surveillance -coming to your home -making complaints of professional misconduct or initiating false legal action against the victim -ordering or cancelling deliveries or services on the victim's behalf -property damage -threats -physical or sexual violence

what happens (paid leave vs. unpaid leave) for pregnant women who use FMLA to cover maternity leave and even pregnancy leave due to health issues

-fully protected under FMLA -use paid leave up first -take unpaid leave after

what is the threshold for intoxication in OK

-greater than or equal to 0.08 BAL -BAL < 0.08 but. odor/coordination/speech issues

what is a policy related to

-handling a situation -it is not person specific

what are the 2 types of sexual harassment

-hostile work environment -quid pro quo

how do you screen for patients arriving intoxicated

-identify before session -involve supervisor immediately -handle in private area

what is an employer allowed to ask regarding disability

-if applicant can perform the duties of the job with/without reasonable accommodation -applicant to state how, with or without reasonable accommodation they will perform the duties of the job -applicant to take and pass a physical IF final job offer has already been made AND if all applicants are required to take a physical

why are behaviors easier to regulate for alcohol as compared to marijuana

-it can be measured -affected by weight, body fat, rate or drinking, amount of drinks

why are behaviors harder to regulate for marijuana as compared to alcohol

-it can be measured (saliva) -affected by weight, body fat, rate, amount, smoked vs. eaten, and THC potency

what are the indirect costs of employee loss

-lower productivity -reduced client satisfaction

what is an employee who takes FMLA leave is entitled to

-maintain health benefits coverage -an employee on unpaid FMLA leave may pay the employee share of the premiums on a current basis or pay upon return to work

how can an employee act as an independent agent within a hospital

-master role exists since therapists are employees -physicians are not employees

what are the 2 main criteria that must exist for a valid claim for employer liability to exist

-must be a master-servant relationship between employer and employee -wrongful act of the employee must have occurred w/in the scope of employment

does undue hardship mean expensive

-no, the 2 are not synonymous -tricky to prove undue hardship

what are examples of hostile work environments

-porn allowed as screen savers on computers -dirty jokes told in workplace -offensive personal comments made about or to someone

what are the topics that relate to family issues

-pregnancy -post-birth leave -adoption -personal illness -close family member illness

what was the view of pregnancy in the workplace after the OADA change (Oklahoma Anti-Discrimination Act (OADA) added pregnancy in April 2010)

-pregnancy is included for public policy reasons -smaller employers are not immune

what was the view of pregnancy in the workplace before the OADA change (Oklahoma Anti-Discrimination Act (OADA) added pregnancy in April 2010)

-pregnancy was included at federal level but not included at state level -did not impact employers with <15 employees

how can an employer treat a pregnant woman the same as any other disabled employee

-provide modified tasks -alternative assignments -disability leave/leave without pay if no modifications are feasible

what employers are covered by FMLA regardless of the number of employees employed

-public agencies -public and private elementary and secondary schools

what reasons for firing are not protected by the employment at will doctrine

-race -ethnicity -gender -age -disability -pregnancy -whistleblower status

what are the different forms of discrimination

-race -ethnicity -gender -age -disablity

can the employer dismiss the employee if the report from the physical discusses the presence of a disability

no, that cannot be used as grounds for dismissal

why are employee rights important

-retention of costly existing staff -create a safe and non-hostile environment -encourage practice at top of license -reputation to enhance recruitment of new staff -sometimes required by law

what are the different reasons for stalking behavior

-romantic -anger

what would happen in the following scenario: Marybeth has worked at XYZ Hospital therapy department for 2 years. During that time, she has made no secret of her belief that a mother should stay home with her children. Marybeth will deliver in late March. She has requested 12 weeks family leave (FLMA) and states she will return to work on Jul. 1, 2021. The therapy department is small (10 therapists) and it will cause a hardship if she does not return as planned and they must function short staffed unexpectedly. What if the employer has finally decided that Marybeth is not a 'good fit' and the planned firing has nothing to do with her pregnancy and everything to do with her ability to work well with the team to advance the site's mission?

-she can be fired as long as the decision is not discriminatory -she can be fired for failing to meet the mission even while she is pregnant -the reason for fire cannot be because she is pregnant

what are aspects of how an employer should effectively manage the work environment

-show no tolerance for discrimination/harassment -adhere to federal laws -ensure employees understand the scope of their jobs -identify substance abuse problems -enforce workday expectations -manage social media rules effectively

what is the issue with alcohol in the clinic and there not always being visible signs of intoxication

-size of therapist effects previous night's alcohol effects -cannot be excused just becuase they are not in direct patient care that day -cannot target likely persons

what is not protected regarding methods of worker surveillance

-software that intercepts, analyzes, and archives all communications on a network, including e-mail, chat sessions, file sharing, and Internet browsing by using the workplace network to access personal e-mail accounts -if used w/o court order: keystroke loggers (capture every key pressed on a computer keyboard)

what are immediate family members

-spouse -child -parent

what are tactics to reduce the patient-to-therapist harassment (Boissonnault article)

-student supervisors informing students of how facility handles these issues -establishing policies -enforcing 'patient/family termination of services due to behavior -providing emotional support

what are examples of new considerations in the workplace

-substance abuse screening -professional support for impaired providers -social media content limitations

how is it possible to limit the risk of vicarious liability

-supervise -train -ongoing performance evaluations -limit scope of duties until experienced -don't hire in the first place

what are examples of quid pro quo scenarios

-supervisor offers better work hours and then asks you out -coworker says they will say bad things on your 360 performance review unless you start being more friendly to them

what is an exception to the eligible employee requirement according to the FMLA

-teachers of an elementary or secondary school system, or institution of higher education, or other educational establishment or institution are deemed to meet the 1,250 hour test -therapist that is an employee of the school system -maybe: contract hired PT in school system

what are some instances where age may not be discrinminatory

-telemedicine -older therapist not wanting to use aides/assistants -EMR -job cuts: cut senior people who have higher salaries

what are stalking behaviors that may occur initially, so an alarm is not triggered

-telephone calls -letters -email -unsolicited gifts -posting on your social media pages

what are the direct costs of employee loss

-temporary replacement -recruitment -new staff training -general admission coses

Can employers use "bona fide job occupation qualification defense" ("BFOQ")as a pretext for firing a pregnant employee

-the employer must prove non-pregnancy is a job requirement -must prove that the BFOQ is necessary to the operation of the employer's business

according to the EEOC guidelines, can an employer have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth

no, there can be no such rule

what should happen if a patient crosses boundaries

-the relationship should be terminated and the patient's care transferred to a colleague -place them in another therapists care to avoid abandonment

what are ways that big brother is watching you at work

-tracking via smart employee ID cards -psych/aptitude tests to evaluate potential employees -GPS on work issued phones and vehicles -employee background check -phone monitoring -intercepted employee email

how do you make a case for sexual harassment

-was the person told to stop in the quid pro quo scenario -did the person tell a supervisor if the first situation did not happen -did supervisor take action as outlined by policy

what are examples of reasonable accommodations

-widen break room doorway to allow WC access -part-time schedule -modified equipment -aide or interpreter -altered work hours/breaks

can an employer request criminal history records, including arrests, for prospective employees

-yes, but certain non-serious offense as enumerated by statute will be excluded -cannot get sealed arrest records

can a pregnant woman be fired if she is performing poorly and she works for a small private therapy clinic located outside of OK

-yes, if there is no state protection -fed law would not apply to her small private practice

How does 'employment at-will' apply if a newly hired employee is asked to be tested for drug/alcohol?

-you have the right to refuse to be tested -usually means you refuse the job offer, they can rescind it

what are the results of the OADA change (Oklahoma Anti-Discrimination Act (OADA) added pregnancy in April 2010)

25% more coverage of OK women

how much money does short term disability usually cover

50-60% of salary

where is undue hardship oulined

ADA

how does undue hardship affect accommodations

ADA requires that the employer provide the accommodation unless to do so would impose an undue hardship on the operation of the employer's business

will employees be fired for positive drug test at work (such as a random screen) if they not impaired

no, they are allowed to legal pursue medical treatment in off-work hours

is FMLA leave available to everyone

no: only employees of covered employers are eligible

what happens if a disabled person is unable to perform essential job functions without accommodations, and they request accommodations

Consider issue of reasonable accommodations for the qualified candidate

what supports the Oklahoma Anti-Discrimination Act

Oklahoma Human Rights Commission

what law prohibits against discrimination for all employers with 15+ employees

Title III (Civil Rights Act of 1064)

what happens if a disabled person is unable to perform essential job functions without accommodations

ask if accommodations are being requested

when does the pregnancy law apply

after birth

what doe the Oklahoma Anti-Discrimination Act prohibit

all public and private employers from discriminating against applicants or employees based on sex

what is the purpose of fire safety, HIPAA, handbook reviews, and orientations for the new hire

allows the employer to -help you become the best possible employee -decrease their vicarious liability

what does the law say regarding pregnancy in the workpace

an employer cannot refuse to hire her because of its prejudices against pregnant workers or the prejudices of co-workers, clients or customers

what might cause probable cause testing

any action that makes the employer think that you are impaired -behavior -odor -slurred speech -statement of recent use/abuse

who might pregnancy issues effect

any therapist, regardless of stated gender

according to the EEOC guidelines, when are pregnant employees permitted to work

as long as they are able to perform their jobs

what is the issue with discrimination in the workplace

none of these factors impact the ability to perform the job

do people know how to deal with harassment

not usually

what does sex refer to

biological attributes in humans

what happens in mandatory arbitration

both parties (accused harasser and harassed person) must sit down together with a mediator/arbitrator to discuss the issue

what employers does the following law apply to: Oklahoma's "Standards for Workplace Drug and Alcohol Testing Act", Okla. Stat. 40-551

both private and public

what does right to work mean

both sides of the contract can decide when their relationship is over (they cannot make you join/not join a union as condition of hire)

what do you need to ask regarding disability discrimination once essential functions are identified

can the candidate perform without accommodations

what happens if a disabled person is unable to perform essential job functions without accommodations, and they do not request accommodations

candidate can be dismissed later if unable to fulfill essential functions

what is the goal of mandatory arbitration

come to an agreement

what protects race and ethnicity discrimination

constitution

what happens if a disabled person is able to perform essential job functions without accommodations

continue with the hiring process

when does romantic stalking occur

delusional beliefs (in presence of mental illness) misplaced expectations about provider/patient relationship

how can an employee act as an independent agent within a franchise model

depends on a contract (it can go either way)

how can an employee act as an independent agent within contractual PT or OT services

depends on what is in the contract (can be either way)

what is a form of discrimination against people with disabilities (social prejudice)

disability discrimination

what is the act, practice, or an instance of discriminating categorically rather than individually

discrimination

what are the exceptions to the employment at will doctrine

discrimination -age -race/ethnicity -pregnancy

what constitutes unlawful sex discrimination under Title VII regarding pregnancy

discrimination on the basis of pregnancy, childbirth or related medical conditions

what would happen if a pregnant woman wants something different than the modifications the employer offers regarding to the EEOC guidelines

employer does not have to change the offer, as long as it matches what everyone else gets (temporarily disabled employees)

what is vicarious liability

employers can be held responsible for the negligent acts of their employees

what should the therapist do to make sure that their traits do not put the therapist at risk due to misinterpretation (Holtz article)

establish boundaries for our 'art' with clarifications to explain areas that might be misinterpreted

what is a gross case regarding age discrimination

even if present, age must be the most important factor in employment decision' (burden on plaintiff)

who can be harassed

everyone

who can harass

everyone

what is needed to create a strong case for gender discrimination

extensive documentation and multiple episodes

what is needed to create a strong case for race and ethnicity discrimination

extensive documentation and multiple episodes

what is a federal law that provides unpaid, job-protected leave to eligible employees, both male and female, in order to care for theirfamilies or themselves for specified family and medical conditions

family and medical leave act (FMLA)

what does the OADA provide a pregnant person

federal and state protection during pregnancy

what might the employer require of an employee who is planning to take FMLA leave

for the employee to comply with the employer's usual and customary notice and procedural requirements for requesting leave

what is the likelihood of employers using a "bona fide job occupation qualification defense" ("BFOQ")as a pretext for firing a pregnant employee

low, it is difficult to prove pregnancy violates BFOQ for most jobs

how can a inclusive workplace be created regarding family issues

modifying policy language to remove terms that are outdated or may be perceived as exclusionary

does the following scenario describe an independent agent or an employee: A company runs a referral service for physical therapists, where hospitals or other health care organizations call to obtain temporary workers in that field. When an order is received, the company sends out a physical or occupational therapist from its list. The client health care organization pays the referral company who, in turn, keeps an amount for its overhead and profit and pays an hourly or daily amount to the physical therapist. Although the physical therapist is not directly supervised by the referral company, the company maintains the right to expect adherence to acceptable performance standards and to discharge the occupational or physical therapist on any adverse reports from client health care organizations.

most likely an employee -company's right to discharge -company controls/administers the contract -company controls payment of wages to the worker

what is the issue with the following scenario: patient having a crush on the therapist

needs to be addressed by the therapist tactfully and immediatley

according to the EEOC guidelines, are pregnancy related benefits limited to married employees

no

are employers required to have a workplace sexual harassment written policy under federal law

no

can an employer deny an employees FMLA request if they qualify and have unused FMLA time

no

can your employer restrict your ability to work for competitors after you leave through a geographic/timespan non-compete clause

no

do harassers stop if they are ignored

no

do private employers have to pay employees for time off for jury or witness duty

no

does gender discrimination mean that a male is automatically barred from bringing a gender discrimination case

no

does harassment only involve opposite gender persons

no

does ignoring harassment mean consent

no

is harassment a sign of affection and fitting in

no

is it legal for your employer to fire you for taking time off to serve as a juror

no

is the reasonableness of an accommodation related to whether the employer feels like doing it or whether it will cost money or whether it seems 'over the top' or whether another employee with a similar issue wanted the same accommodation

no

what does passing a physical mean

no drugs or alcohol and that the person is generally healthy

can we give our patients a disclaimer to sign that outlines that falls, burns, and back injury are possible results from receiving care in their clinic

no, according to the assumption of risk

is short term disability guaranteed regarding pregnancy

no, and not all employers offer it

does employment law view sexual harassment as an acceptable behavior in the workplace (Jagsi article0

no, but it can feel unsupported and risky to bring claims forward, even when there is a workplace policy

can an employer refuse to hire any person because of their pregnancy related condition

no, but the person may be denied if they are unable to perform the major functions of her job

can employers ask for access (password) to employee's private social media accounts

no, but they can require access to business systems owned/subsidized by employer (LinkedIn?)

can state law be more lenient/less strict than federal law

no, it can only be more strict than federal law

if a patient asks you out, is it appropriate to respond that you are already in a relationship

no, it implies that if you were free....

can people drive under the influence of marijuana

no, it is a schedule 1 drug

does the employment at will doctrine mean that wrongful termination cannot exist

no, it requires no discriminatory reason behind the decision to let someone go

how can an employee act as an independent agent within a nursing home

often an agency has the contract for service provision and they may hire therapists (employees) or contract with them (not employees)

can an employer require pregnant employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits

only if that requirement applies to all employees

what lens does the Boissonnault view sexual harassment through

patient-to-therapist harassment

what are essential functions of a job

physical, mental, working conditions, and equipment demands of task

who has the burden of identifying and asking for accommodations

potential employee

is patient-to-therapist harassment common (Boissonnault article)

prevalence is higher than expected (issue is rarely discussed)

whose will matters most according to the employment at will doctrine

privilege belongs to both the employee and the employer, but the terms of an employment contract may put limits on it

what is the goal of the age discrimination in employment act of 1967

promote employment for persons age 40+ based on ability rather than limited by age

what can an employer do to escape vicarious liability

prove that the guilty party wasn't an employee but really were an independent agent

what protections is stronger: gender or race/ethnicity

race/ethnicity

what is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities

reasonable accommodation

when does stalking out of anger occur

resentment for some supposed injury or retribution against 'powerful' provider

what is the issue with work requirements such as "must be able to lift 70 lb episodically" and "must be able to lift 50 pounds repeatedly"

smaller/weaker people in the clinic use aides to help keep patient safe, you would not risk assuming that you could lift 50 lbs repeatedly

what does gender refer to

socially constructed roles, behaviors, and identities

is a boss liable for your actions/mistakes

sometimes if vicarious liability is found

what is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear

stalking

what does the written policy for alcohol in the clinic need to identify

standards to trigger probable cause AND the resulting actions

what is the employment at will doctrine

states that employment exists only as long as the employee or employer wish it to continue

what concerns does the Holtz article raise

that the traits that make us an 'art' as well as a science (compassion; empathy; patient-centeredness) might be misinterpreted accidentally or deliberately

how much time can an employee take for leave according to the FMLA for medical emergencies

the 12 workweeks may be taken in increments rather than in weeks if approved