It is important to understand the legal and ethical parameters of our professional environment and how human resources (HR) play a role in delegating the proper training to ensure that the laws and regulations are followed. To avoid legal consequences from illegal or unethical conduct, we must take the time to continually learn the changes which occur to existing laws and have a solid knowledge of deciphering right from wrong. Navigating human resources is a complex task and it takes a strong leadership to correlate effectively through effective communication strategies. HR plays a significant role in compliance with labor laws, regulations pertaining to healthcare professionals and organizations, employee relations, advocacy, workforce planning, training and development, managing risks associated with human capital, accreditation and licensing standards, while fostering an ethical workplace culture. Employment laws work collaboratively from the federal (national) level, state, and local levels to provide protection against discrimination pertaining to sexual preference, religion, gender, political stance, disability, ethnicity, pregnancy, geographic origin, and race. The laws also address fair pay and benefits packages, immigration rights, and union actions.
The United States Equal Employment Opportunity Commission (EEOC) which was established in 1964 to aid in abating or minimizing these concerns, and it oversees the laws which shape the legal and ethical framework of healthcare. The EEOC oversees employees’ rights to work in an environment free of discrimination and harassment, while mandating a safe place for employees to voice grievances without retaliation. Workplace accommodations and the right for privacy is also a core function the EEOC advocates for. The laws which create this framework include:
- Title VII of the Civil Rights Act of 1964
- Age Discrimination in Employment Act (ADEA) of 1967
- Pregnancy Discrimination Act (PDA) of 1978
- Americans with Disabilities Act (ADA) of 1990
- Family and Medical Leave Act (FMLA)
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Older Workers Benefit Protection Act of 1990
- Rehabilitation Act of 1973
- Civil Rights Act of 1991
- The Equal Pay Act (EPA) of 1963
- Pregnancy Discrimination Act (PDA) of 1978
- Immigration Reform and Control Act (IRCA)
- Fair Labor Standards Act (FLSA)
- Consolidated Omnibus Budget Reconciliation Act (COBRA)
- Health Insurance Portability and Accountability Act (HIPAA)
- Employment Retirement Income Security Act (ERISA)
- Occupational Safety and Health Act (OSHA)
- National Labor Relations Act (NLRA)
The trickiest part is determining what “fair” is, so laws and ethical standards can be used consistently to gauge what is considered equal. With much subjectivity around the topic of ‘right vs. wrong’, ‘legal vs. illegal’, and ‘ethical vs. unethical’ there is no wonder there are so many laws to cover each aspect of healthcare. It can be overwhelming to consider the nuances of the numerous laws, the intricacies, and the overlap which is often recognized.
In my line of work as a dental hygienist unfortunately the EEOC would not become involved in many of the rights they oversee for employees because we have less than 15 employees. Additionally, some of the laws apply to organizations with 50 or more employees, which we are far from. I feel the laws provide great insight to what a workplace ‘should be’, however I have little faith to believe these laws will be upheld as intended. The issue starts with a systemic inadequacy in leadership and human resources, and it has a trickling effect. I have not witnessed complete compliance with many of the laws listed above. Discrimination and harassment are topics which we all know happen and can be hard to prove. In a perfect world we could achieve a fair workplace with the rights we deserve. I have been harshly discriminated against in past situations and have even been terminated from a job as a result. In that moment I felt powerless and had no choice but to move on and cut my losses. I have spent my entire life working in healthcare since the age of 18, I am 43 years old now and with my combined years of experience in healthcare and experiences with unfair workplace practices, my goal as a future healthcare administrator is to provide an unbiased approach to how grievances are handled. Additionally, I will take the initiative to stay current on the laws and regulations while providing the necessary training to minimize the occurrence of discriminatory and unfair practices.