Medical Law and Ethics, Third EditionBonnie F. Fremgen

Workplace Law And Ethics

Chapter 8

Medical Law and Ethics, Third EditionBonnie F. Fremgen

Americans with Disabilities Act(ADA) of 1990

Prohibits employers who have more than 15 employees from discriminating against individual with disability

Employer must make reasonable accommodations

Exception if undue hardship for employer to make accommodations

AIDS patients protected under this statute

Medical Law and Ethics, Third EditionBonnie F. Fremgen

Reasonable Accommodation is neither

Maximizing religious/moral values of employee.– Developing a plan of care that gives complete

priority to honoring those values Maximizing the greatest net benefit

– Developing a plan that considers the overall cost (i.e., resources) and gives complete priority to the net benefit of the employer.

Medical Law and Ethics, Third EditionBonnie F. Fremgen

Court Decision in Text

Prince v. Massachusetts (p. 177)– “Parents may be free to be martyrs themselves. But

it does not follow that they are free in identical circumstances to make martyrs of their children.”

Medical Law and Ethics, Third EditionBonnie F. Fremgen

Religious Beliefs / Moral Beliefs

United States v. Seeger (1965) Welsh v. United States (1970) Anderson v. OCTA (1996)

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Medical Law and Ethics, Third EditionBonnie F. Fremgen

Court Decision in Text

Armstrong v. Flowers Hosp. (p. 183)– Disparate treatment vs disparate impact

Grubbs v. Medical Facilities (p. 184)– Acute care versus subacute care

Medical Law and Ethics, Third EditionBonnie F. Fremgen

Employee Health and Safety

Regulated by both federal and state laws

State law may be stricter than federal but cannot be more lenient

Medical Law and Ethics, Third EditionBonnie F. Fremgen

Occupational Safety and Health Act (OSHA) of 1970

Employer required by law to provide safe and healthy work environment

Must protect worker against hazards Occupational Exposure to Bloodborne

Pathogens Standards Standards refer to urine, stool, sputum, nasal

secretions, vomitus, and sweat if there is visible evidence of blood

Medical Law and Ethics, Third EditionBonnie F. Fremgen

Title VII of the Civil Rights Act of 1964

Prohibits discrimination, or unfair treatment based on race, color, religion, sex, or national origin

Several exceptions: certain religious-affiliated colleges, public officials and their staff

Forbids discrimination in all aspects of patient care in institutions that receive federal financial assistance

Makes sexual harassment a form of unlawful sex discrimination

Medical Law and Ethics, Third EditionBonnie F. Fremgen

Pregnancy Discrimination Act of 1978

Employers must treat pregnant women as they would any other employee, providing pregnancy does not hinder job performance

Employer cannot force woman to quit her job because she is pregnant

Insured equal treatment in areas of disability, sick leave, and health insurance

Medical Law and Ethics, Third EditionBonnie F. Fremgen

Age Discrimination Act of 1978

Protects persons 40 and older against discrimination

Applies to employers with 20 or more employees

Mandatory retirement prohibited except for certain exempt executives

Medical Law and Ethics, Third EditionBonnie F. Fremgen

Employment-at-Will Concept

Employment takes place at will of either employer or employee

Employment may be terminated at will at any time for no reason

Employee may quit at any time Exception for a specific employment contract in

which employment cannot be terminated during contract period