Ethical and legal perspectives in health care

Ethical and Legal Perspectives in Health Care (Discussion Questions)

Over time, a number of laws and regulations have been put in place to guarantee fair treatment of employees. In the absence of these laws, employers would hire, promote, and fire employees at will. The United States Department of Labor -- DOL (n.d.) points out that when it comes to the hiring of employees, there are a number of laws that "prohibit discrimination in employment decisions based on race, color, religion, sex, age, ethnic/national origin, disability, or even status." Remuneration and promotions are also governed by the relevant federal laws. The Equal Pay Act of 1963 (EPA) is a good example of such laws. This particular Act according to the U.S. Equal Employment Opportunity Commission -- EEOC (2009) "protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination." Those who suffer intentional employment discrimination, i.e. In matters of promotion, could according to EEOC (2009) rely on the Civil Rights Act of 1991 as they seek compensation. To further safeguard the fair treatment of employees, there are federal and state laws that deal with wrongful termination. Some of the circumstances under which an employer is permitted to dismiss an employee include but they are not limited to; incase of breach of contract, gross violation of organizational policies, etc.

Student 2

The workplace would be chaotic were the rules and regulations that govern employee-employer relations to be done away with. With that said, the relevance of federal, state, and local laws when it comes to the creation of a more just and equitable working environment cannot be overstated. It is important to note from the onset that most of the laws that protect an employee from the arbitrary actions of an employer are in the form of state and federal statutes. It should also be noted that the U.S. Constitution also does provide additional protection to employees from unfair treatment. Thanks to these laws, employees can sue an employer upon wrongful discharge. Employers are also barred from engaging in acts seen as being discriminatory against employees at the time of hiring or during promotions. For instance, with regard to hiring, the U.S. Equal Employment Opportunity Commission -- EEOC (2009) points out that during recruitment, it would be illegal for an employer to anchor his hiring decisions on the sex, religion, or even race of potential employees. It should also be noted that although most U.S. employees work "at will," there are some federal and state laws which according to NOLO (2013) "prohibit employers from relying on certain justifications for firing employees…"

Part B

Student 1

Sex Discrimination

Also known as gender discrimination, sex discrimination in the words of the U.S. Equal Employment Commission -- EEOC (n.d.) "involves treating someone (an applicant or employee) unfavorably because of that person's sex." It is important to note from the onset that sex discrimination has a very negative impact on employees (existing and prospective). One of the effects of sex discrimination according to Gluck (2013) is loss of productivity. According to the author, those who happen to be victims of sex discrimination are highly likely to lose both the morale and the motivation they need to undertake tasks allocated to them in an effective manner. Next, victims of sex discrimination could resort to destruction and wastage in an attempt to get back at their tormentors (Gluck, 2013). Some of the destructive and wasteful acts affected employees could engage in according to the author include violence against other employees, deliberate dissemination of falsehoods about the company, etc. A number of approaches could be adopted to rein in gender discrimination. To begin with, organizations should have in place clear policies on what entails sex discrimination and how perpetrators of the same should be punished. Law enforcement agencies should also enforce the existing gender laws decisively. Organizations should also seek to diffuse gender-based stereotypes by amongst other things educating employees on the need to embrace diversity.

Student 2

Disability Discrimination

Disability discrimination according to the U.S. Equal Employment Commission -- EEOC (n.d.) "occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended…treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability." When an employee is treated unfavorably because of a disability, such an employee could become distressed and consequently lose his sense of self-worth. The performance of employees (in terms of productivity and effectiveness) who are constantly discriminated against on the basis of a disability could also be negatively affected. Discriminating others on the basis of a disability also impedes their progress at both the social and professional level. To prevent disability discrimination in the workplace, organizations should ensure that they "adhere to the standards imposed by the Americans With Disabilities Act" (Williams, 2013). In addition to creating a conducive and motivating environment for those who happen to be disabled in one way or the other, such a move would also protect the organization from discrimination lawsuits. As William (2013) further points out, organizations should also ensure that their employees are sensitized on the need to see to it that disabled people are not discriminated against.