Employment Laws Affecting Healthcare: Title Vii Civil Rights and Fmla

Employment Laws Affecting Healthcare: Title VII Civil Rights and FMLA

Victoria Sellers

HCS/341—Human Resources in Health Care

02/25/2014

Marcia Mueller

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Employment Laws Affecting Healthcare: Title VII Civil Rights and FMLA

In healthcare there are many laws that are required to be enforced just for the fact we deal with peoples' lives every day, but the laws we chose to discuss in here are Title VII Civil Rights Act and FMLA (Family and Medical Leave Act of 1993). We will discuss how they make an impact on the health care environment and how they impact the employees and the organization. When working in healthcare, you have to know what rules and regulations to follow otherwise there are severe consequences.

Title VII Civil Rights Act: Equal Employment Opportunity

Title VII of the Civil Rights Act is an important necessity in any job. It is there to protect everyone against their employer for any type of discrimination, and it also there to protect an individual's differences, such as national origin, sex, religion, race, etc. The law for Equal Employment Opportunity is there to prohibit discrimination against any individual's race. Employers cannot refuse to hire someone because of his or her disabilities. If the individual can perform the job duties that are required, then the individual deserves to get the job. If not, that organization has violated the law for Equal Employment Opportunity. Everyone has the opportunity for the hiring process on competing for any promotions on that organization or equivalent admission to training for every new opportunity. For instance, if an individual who has a disability comes to an organization, that organization cannot refuse to give that individual the application because of his or disabilities or his or her race. The healthcare industry is one of the most regulated industries in the country. As a Healthcare Administrator, there are ways to stop discrimination in your organization. One, adopt a policy with zero tolerance for workplace discrimination; two, create a culture in your organization that focuses on a positive work environment; three, reward good behaviors and collaboration among employees; and finally, make an educational program for all employees on what constitutes as discrimination. This will make a positive impact on your organization instead of a negative one.

Title VII Civil Rights (Family and Medical Act 1993) Family Illnesses and Adoption

This type of employment law has had a large impact on the healthcare environment as it relates to legal, safety, and regulatory issues. This particular Family and Medical Act went into full effect in the year of 1993. This (FMLA) provided rights and the protection of them as they involved those employees who were in need of them. The (FMLA) clearly outlines who enforces this Act, who is covered under this law, what amount of leave from an employer is granted, and finally, what is the difference between the (FMLA) and the American Disability Act (ADA). Prior to this law going into effect, many employees encountered numerous problems regarding acquiring leave form their employers. An employee experience may personal family issues that interfered with their daily performance on the job. This interference ranged from the caring of a child or spouse to having the birth of a child, or a serious medical and/or health issue.

There was a need for some type of protection to be enforced that would allow and protect those in need of this type of employee's leave. The greatest impact comes in the form of the difference of the (ADA) and the (FMLA). One allows for more specific responsibilities versus the other. Under the ADA, a qualified individual with a disability may work part-time in his/her current position, or occasionally take time off, as a reasonable accommodation if it would not impose an undue hardship on the employer. ("The U.S. Equal Employment Opportunity Commission", July 6, 2000). The other Act allows for a little difference between the two laws. Under the FMLA, "an ‘eligible' employee may take leave intermittently or on a part-time basis for his or her own ‘serious health condition' when medically