MH005 Leadership, Ethics, and the Law
Phillip March 26, 2024 No Comments

MH005 Leadership, Ethics, and the Law

MH005 Leadership, Ethics, and the Law

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 University

NURS 6221 Managing Human Resources

Prof. Name

Date

Legal Terms

U.S. Equal Employment Opportunity Commission (EEOC):

The EEOC enforces federal laws prohibiting discrimination against employees or applicants based on sex, color, race, religion, national origin, age, or disability (U.S. Equal Employment Opportunity Commission, n.d-a).

Employment Discrimination:

Occurs when an employer treats an applicant or employee negatively due to their sex, race, religion, color, sexual orientation, gender, national origin, disability, or status as a protected veteran (Office of Federal Contract Compliance Programs, 2016).

Disparate Treatment:

Involves treating an applicant or employee less favorably than others in similar positions because of their race, sex, religion, color, sexual orientation, national origin, gender identity, disability, or status as a protected veteran (Office of Federal Contract Compliance Programs, 2016).

Disparate Impact:

Occurs when policies or practices, although appearing neutral, disproportionately negatively affect members of certain groups, such as those based on sex, race, ethnicity, disability, or other protected characteristics (Office of Federal Contract Compliance Programs, 2016).

Reasonable Accommodation:

Refers to an employer’s obligation to make feasible modifications for employees with physical or mental disabilities (Fried & Fottler, 2018).

Quid Pro Quo Sexual Harassment:

Involves making employment benefits conditional upon sexual advances, creating a hostile work environment (Fried & Fottler, 2018).

Retaliatory Discharge:

Occurs when an employer takes adverse action against an employee for reporting discrimination or participating in protected activity (Fried & Fottler, 2018).

Whistleblower:

An employee who exposes illegal activity within the workplace to government authorities (Fried & Fottler, 2018).

Employment-at-Will:

The principle that either the employer or the employee may terminate employment at any time and for any reason (Fried & Fottler, 2018).

Protected Class:

A group of individuals protected by anti-discrimination laws (Fried & Fottler, 2018).

EEOC Findings: Discrimination Types and Charge Statistics

The EEOC tracks various types of discrimination and charge statistics over fiscal years. These include age, disability, equal pay/compensation, genetic information, harassment, national origin, pregnancy, race/color, religion, retaliation, sex, sexual harassment, and sexual orientation and gender identity (U.S. Equal Employment Opportunity Commission, n.d-b).

EEOC Findings: Implications for Healthcare Organizations

Healthcare organizations must be vigilant regarding discrimination trends. Notably, charges of discrimination based on religion, retaliation, and disability have shown significant increases over recent years (U.S. Equal Employment Opportunity Commission, n.d-b).

Legal Protections

Numerous laws safeguard against discrimination in employment. Examples include:

  • Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, religion, national origin, or sex (U.S. Equal Employment Opportunity Commission, n.d-c).
  • The Equal Pay Act of 1963: Prohibits wage discrimination based on gender (U.S. Equal Employment Opportunity Commission, n.d-c).
  • The Pregnant Workers Fairness Act of 2022: Requires reasonable accommodations for pregnancy-related conditions (U.S. Equal Employment Opportunity Commission, n.d-c).
  • The Genetic Information Nondiscrimination Act of 2008: Prohibits discrimination based on genetic information (U.S. Equal Employment Opportunity Commission, n.d-c).

Reporting Violations

Healthcare professionals, including nurse leaders, have an ethical duty to report discrimination violations. This includes recognizing and addressing unconscious bias and adhering to HIPAA regulations (Storaker et al., 2022; ANA Center for Ethics and Human Rights, 2018).

Ethical Conflicts and Management

Nurse executives often face ethical dilemmas, such as balancing honesty with patient privacy and respecting patients’ religious beliefs while providing medical care. They must also navigate resource allocation challenges and uphold patient autonomy (Dubuque University School of Nursing, 2020).

Preventing Discrimination

To prevent discrimination, healthcare organizations must maintain zero tolerance policies, promote self-reflection among staff, and ensure inclusivity and mutual respect in all aspects of care delivery (ANA Center for Ethics and Human Rights, 2018; ANA, 2015).

Advocating

Nurses should advocate for inclusive policies, report violations, and collaborate with other healthcare professionals and advocacy groups to promote diversity and inclusion in healthcare settings (ANA Center for Ethics and Human Rights, 2018; ANA, 2010).

References

Dubuque University School of Nursing. (2020). Ethical issues in nursing: explanations & solutions. https://onlinenursing.duq.edu/blog/ethical-issues-in-nursing/

Fried, B. J., & Fottler, M. D. (2018). Fundamentals of human resources in healthcare (2nd ed.). Health Administration Press.

Office of Federal Contract Compliance Programs. (2016). Workplace rights. www.dol.gov/ofccp

Storaker, A., Heggestad, A.K.T. & Sæteren, B. (2022). Ethical challenges and lack of ethical language in nurse leadership. Nursing Ethics, 29(6), 1372-1385. doi:10.1177/09697330211022415

NURS 6221 Assessment 5 MH005 Leadership, Ethics, and the Law

U.S. Equal Employment Opportunity Commission. (n.d-a). Overview. https://www.eeoc.gov/overview

U.S. Equal Employment Opportunity Commission. (n.d-b). Charge statistics (charges filed with EEOC) FY 1997 through FY 2022. https://www.eeoc.gov/data/charge-statistics-charges-filed-eeoc-fy-1997-through-fy-2022

U.S. Equal Employment Opportunity Commission. (n.d-c). Laws enforced by EEOC. https://www.eeoc.gov/statutes/laws-enforced-eeoc

NURS 6221 Assessment 5 MH005 Leadership, Ethics, and the Law