Legal and Ethical Issues in Health Care Human Resources

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Challenges to managing personnel include being knowledgeable of various laws that may affect the organization. Compliance with employment law is a necessary component of effective human resource management. Employment laws were put into place to protect the rights of the worker and to hold business to a higher standard. The health care environment is very complex, and there are a number of laws specific to the health care industry. It is important for health care administrators to be knowledgeable of laws and work to create an ethical and diverse organizational culture.

In the past, the relationship between employees and employers was based on the employment-at-will principle; workers and employers can terminate the work relationship at any time without notice or reason. This could lead to discriminatory practices by employers who would fire workers simply for participating in organized labor or other activities that they did not agree with. In addition, these practices also allowed employers to discriminate against qualified workers based on age, race, religion, and gender. To prevent discriminatory practices from occurring, employment laws to promote equal employment opportunity (EEO) were passed.

The EEO laws are a subset of laws that were passed to prevent organizations from discriminating against individuals based on non-job-related issues such as age, gender, race, religion, and disability. The laws are enforced by the state regulations and by the U.S. Equal Employment Opportunity Commission at the federal level. Examples of EEO laws include Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973.

To learn more about EEO laws and regulations, please review the following links:

• EEO laws • EEO regulations

Examples of additional laws that govern human resources functions include the following:

• National Labor Relations Act • Pregnancy and Maternity Leave Act • Age Discrimination in Employment Act • Occupational Safety and Health Act

Legal and Ethical Issues in Health Care Human Resources

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• Mandatory Retirement Act • Immigration Reform and Control Act • Family and Medical Leave Act

Following the law helps to create an environment that embraces diversity and ethics. Health care organizations that are committed to diversity embrace it from a human, cultural, and systematic vantage point. Managing diversity is not an easy task; it must be embedded within the organizational culture. An organization’s culture of diversity should be reflective in its hiring practices, workplace policies, and the embracing of innovative, diverse ideas. Organizational leaders are tasked with modeling, mentoring, and monitoring policies related to diversity. Mentoring can take place through ongoing feedback and training. Promoting diversity and compliance with the law is not only a good business practice, but it also helps to provide the framework for organizational ethics.

Ethics is also a key component of a sustainable organizational culture. Ethics are the moral principles and beliefs that guide the organization. An organization’s mission and values statement will serve as the foundation of its ethical standards. Organizations must have clear ethical standards that are integrated into operational policies and procedures. By focusing on compliance with the law, creating a diverse organizational culture, and embracing ethical standards, health care organizations will provide better quality care to a diverse patient population.

References

U.S. Equal Employment Opportunity Commission. (n.d.). EEOC regulation. Retrieved from http://www.eeoc.gov/laws/regulations/index.cfm

U.S. Equal Employment Opportunity Commission. (n.d.). Laws enforced by EEOC. Retrieved from http://www.eeoc.gov/laws/statutes/index.cfm