Module Components

• Overview

Topics

• Ethical Health Care Issues
• Basic Concepts of Law in the Healthcare Workplace
• The Legal Environment: Healthcare Law
• Legal & Clinical Incapacity and Informed Consent
• Confidentiality and HIPPA
• Advance Directives
• Labor Relations
• Human Resources: Related Legislation

Nurs 692 Administration of Nursing and Health Care Services

Module 10: The Ethical & Legal Environment and Labor Relations

Human Resources: Related Legislation

Equal Pay Act of 1963
All employers must provide equal pay to both genders that have the same position with equal responsibilities and skills. Enforced by the U.S. Department of Labor.

Civil Rights Act of 1964, Title VII
Prohibits discrimination of protected classes based on gender, race, color, religion, and national origin. Enforced by the EEOC. Applies to employers with 15 or more employees.

Age Discrimination in Employment Act of 1967 (ADEA)
Protects employees and job applicants 40 years or older from discrimination in hiring, firing, promotion, layoffs, training, benefits, and assignments. Enforced by EEOC. Applies to employers with 20 or more employees.

Occupational Safety and Health Act of 1970
This act requires employers to provide a safe and healthy work environment. Guidelines for working with hazardous chemicals and for working ergonomically. Enforced by the Occupational Safety and Health Administration.

Rehabilitation Act of 1973
Employers with 50 or more employees and with federal funding of $50,000 must submit an affirmative action plan. Amended to ensure that healthcare facilities are accessible for the disabled. Enforced by the Office of Federal Contract Compliance Programs.

Employee Retirement Income Security Act of 1974 (ERISA)
Regulates pensions and benefit plans for employees. Forbids employers from firing employees so the employers do not have to pay the employee’s medical coverage. Gives employees the right to sue for breaches of any fiduciary duty. Enforced by the U.S. Department of Labor.

Pregnancy Discrimination Act of 1978
Protects female employees who are pregnant against discrimination. Applied to employers with 15 or more employees. Enforced by the EEOC.

Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA)
Passed to ensure that if an individual changes jobs, he or she can still obtain health
insurance. Enforced by the U.S. Department of Labor.

Worker Adjustment and Retraining Notification Act of 1989
Employers with 100 employees or more must give their employees 60 days’ notice of layoffs and closings. U.S. Department of Labor has no enforcement role but can assist with job placement.

Americans with Disabilities Act of 1990 (ADA)
Protects the disabled from employment discrimination. Encourages businesses to provide reasonable accommodation in the workplace for qualified individuals that have disabilities but are able to perform a job. Applies to employers with 15 or more employees. Enforced by the EEOC

Older Workers Benefit Protection Act of 1990 (OWBA)
Benefits must be provided to both younger and older workers. Gives time to accept early retirement options and allows employees to change their mind if they want to litigate against their company. Enforced by the EEOC.

Civil Rights Act of 1991
Amendment to 1964 Act. Enables individuals to receive monetary damages up to $300,000 because of intentional discrimination. Enforced by the EEOC. Applies to employers with 15 or more employees. This Act also established the Glass Ceiling Commission that examined the lack of protected classes in senior management positions.

Family Medical Leave Act of 1993 (FMLA)
Requires employers with 50 or more employees within a 75-mile radius who work more than 25 hours per week and who have been employed more than 1 year to provide up to 12 work weeks of unpaid leave to an employee during any 12-month period so the employee may provide care for a family member or obtain care for himself or herself. Enforced by the U.S. Department of Labor.

Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
Workers are entitled to return to their job after military service. Returning employees are not penalized from raises or promotions because they were in the military. The U.S. Department of Labor’s (DOL) Veterans’ Employment and Training Service (VETS) enforces USERRA.

Health Insurance Portability and Accountability Act of 1996 (HIPAA)
Increased restrictions on patient information confidentiality by creating a standard for
patient information sharing. Enforced by U.S. Health and Human Services.

Pension Protection Act of 2006 (Amendment to Civil Rights Act of 1991)
Landmark legislation that strengthens employer funding requirements for employee
pension plans and creates a stronger pension insurance system. Enforced by the
U.S. Department of Labor.

National Defense Authorization Act of 2008
Expanded the FMLA to include families of military service members, which means that an employee may take up to 12 weeks of leave if a child, spouse, or parent has been called to active duty in the armed forces. Enforced by the U.S. Department of Labor.

Genetic Information Nondiscrimination Act of 2008
Prohibits U.S. insurance companies and employers from discriminating based on genetic test results. Enforced by the EEOC.

Lilly Ledbetter Fair Pay Act of 2009:
An amendment to Title VII of the Civil Rights Act of 1964 that also applies to claims under the Age Discrimination in Employment Act of 1967 and ADA and provides protection for unlawful employment practices related to compensation discrimination. Enforced by the EEOC.