Healthcare Human Resource Management Flynn Mathis Jackson Langan

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Healthcare Human Resource ManagementFlynn
Mathis Jackson Langan
Chapter 4

• Legal Issues Affecting
• the Healthcare Workplace

PowerPoint Presentation by Tonya L. Elliott, PHR
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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 gt 50 employees gt 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
(contd)
Figure 4-2 (contd)
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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
• Quid pro quo something for something
• 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 (contd)

• 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
  individuals 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
  Re-employment 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
Source Equal Employment Opportunity Commission,
2001.
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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 groups 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
• 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