ESSAY: Healthcare empoyment Law

Write a 750-1,000 word paper in which you review public policy and how it affects employment. Address the following scenarios:
Scenario 1: Nurse Deb was due for her annual flu vaccination as mandated by her hospital’s policy. Nurse Deb is a big supporter of the antivaccination movement and refused to obtain her annual flu vaccination. Upon notice that nurse Deb did not obtain the vaccination, the nurse manager fired Nurse Deb. Nurse Deb has decide to file a wrongful termination suit. As the director of nursing, how would you handle this situation?
What evidence does Nurse Deb have that could help her win the case?
What law protects the hospital’s mandated vaccination procedures?
How concerned should the hospital be if the lawsuit is a success?
Scenario 2: Joe Gomez worked as a plant operations specialist at Premier Hospital. While Joe’s manager was working on the HVAC system that protects patients from harmful viruses and bacteria, he noticed that he was not using OSHA-approved filters. Joe felt that it was important to report this to the compliance officer. The day following his report, Joe was fired by his manager. As the CEO of Premier Hospital, how would you handle the situation?
How concerned should you be about the termination of Joe?
What legal principles are involved?
If Joe was a member of the local employee services union, does this make the termination different?
Prepare this assignment according to the guidelines found in the APA Style Guide, an abstract is not required.

ANSWER

Healthcare Employment Law

Scenario 1: Nurse Deb

Evidence That Will Support Nurse Deb to Win Her Case

Discrimination and unfair treatment in the workplace are not uncommon practices in the United States. However, substantive progress has been made through the Equal Employment Opportunity Commission (EEOC) to regulate against bias in treating employees or prospective employees (Ruthergien, 2016). The current case study is one such example which shows inherent bias in the treatment of employees. The case study highlights a scenario where Nurse Deb strongly believes in an anti-vaccination perception. Most state laws and specifically, The Civil Rights Act of 1964 anticipated such scenarios where employees may be discriminated for several reasons, including religion. I presume that Nurse Deb belongs to a religion that is against vaccination. Therefore, Title VII of the Civil Rights Act of 1964 is a landmark law that protects…

Different movements and religious institutions may be opposed to some medical interventions, which forms the basis for Nurse Deb’s position. The annual mandatory flu vaccination would be considered contradictory to the beliefs held by the employee. The firing of the employee risks violating the guidelines of the EEOC part 1605 which speak against bias on the basis of religion as well as part 1606 which prohibits discrimination based on national origin, if Deb came from a different culture or nationality (Ruthergien, 2016). Nurse Deb …

Law Protecting the Hospital’s Mandated Vaccination Procedures

            The statistics related to mortality and morbidity associated with influenza has been a cause of concern for policymakers. The annual cases of illnesses associated with flue range between 9.2 and 35.6 million (Greene et al., 2018). There are more than reported 20,000 annual deaths linked with flu and pneumonia, more than 710,000 hospitalizations and 16.7 million medical visits. With such statistics, the Center for Disease Control (CDC)’s Advisory Committee on Immunization Practices has recommended that all health care personnel are immunized annually for influenza (Greene et al., 2018). Besides, the Department of Health and Human Services also recommends that HCP should reach 90% by 2020 (Greene et al., 2018). The hospital may also cite the contractual agreement between the worker and the institution if the provision was included. These recommendations and provisions from the CDC and DHHS as supported by the…

Concerns If the Lawsuit Was Successful

As the nursing director, I have the responsibility of encouraging the workers within my department to agree and take the annual flu vaccination serious and embrace it as it supports the CDC and DHHS recommendations. However, a mandated vaccination is likely to result in lawsuits as seen in the scenarios above. If the lawsuit is successful, the hospital should be prepared to not only meet the damages associated with wrongful termination but also suffer the reputation damage (Ruthergien, 2016). It is possible that the charge may result in recommendations to the hospital to scrub the mandated vaccination and pursue alternative means of realizing the objects of safe healthcare provision. Such options as use of masks are available for use and as the nurse director, I will encourage the hospital to respect the diversity and provide accommodative practices. Termination of workers ought to be the last option to be used for resolving worker challenges (Pozgar, 2011). Besides, it is essential that the contract signed between the employer and the employee stipulates the conditions and terms of work….

Scenario 2: Joe Case

Concerns About Termination of Joe

            The safety of the employees and the patients is one of the critical components and goal of all healthcare facilities (Pozgar, 2011). The case points a scenario where the safety of the patients and the staff is compromised by the continued and what is confirmed a deliberate use of non-OSHA approved HVAC filters. Joe’s decision to report this unethical practice was the correct move. As the CEO of the institution, I will summon the manager to provide an explanation for the actions taken; non-compliance with OSHA standards and the termination of Joe. The problem may be systemic and originating from other departments, including the procurement, but then the decision to terminate Joe’s employment was the prerogative of the manager. My concern for such an action by the manager will stem from the possible lawsuits from Joe and possible reprimanding from the OSHA for flouting of the recommendations. I will seek to rehire Joe and negotiate improved terms and settle the matter outside of court. I will encourage the HVAC systems managers to ensure that they …

Legal Principles Involved

            Illegal termination of employment is a breach of employment laws. The laws involved may be associated with a breach of contract based on discrimination (Graziano, 2019). However, for the current case, Joe could argue about a breach of contract, irrespective of whether it was written or oral. If found culpable, Joe will be entitled to the basic salary that he may have enjoyed had he not been dismissed as well as the benefits, bonuses that he had enjoyed during his employment. However, breach of contract does not attract punitive or pain damages (Graziano, 2019). The institution can also be sued for torts by injuring the reputation of Joe as well as the violation of public policy for his part in engaging in illegal and unethical activity. Equally, the termination may involve violation of federal or state law…

Termination if Joe was Unionized

            Labor unions are essential movements for enhancing the welfare of the employees (Graziano, 2019).  Had Joe been a member of a union, he could have complained about his termination to the leadership of the union and explain the circumstances that led to his dismissal. Unions, unlike individuals, have mechanisms to push for quick resolution of matters through negotiations. I also believe that Joe may not have been fired as he could have been aware of the impending risk and pressure from the union. The likelihood of attracting higher damage compensation may have been occasioned as the matter could have received increased publicity…

References

Graziano, T. K. (2019). Comparative contract law: Cases, materials and exercises. Edward Elgar Publishing.

Greene, M. T., Fowler, K. E., Ratz, D., Krein, S. L., Bradley, S. F., & Saint, S. (2018). Changes in influenza vaccination requirements for health care personnel in US hospitals. JAMA Network Open, 1(2), e180143-e180143.

Hahn, R. A., Truman, B. I., & Williams, D. R. (2018). Civil rights as determinants of public health and racial and ethnic health equity: Health care, education, employment, and housing in the United States. SSM-Population Health, 4, 17-24.

Pozgar, G. (2011). Legal aspects of health care administration (11th ed.). Sudbury: Jones & Bartlett Learning.

Ruthergien, G. (2016). Employment discrimination law, visions of equality in theory and doctrine. West Academic.

Weiler, P. C. (2009). Governing the workplace: The future of labor and employment law. Harvard University Press.