Researching of Employment Laws
Introduction
Employment law is an area of legal perspective that governs the employer-employee relationship. In the US, state and federal employment laws are meant to protect workers’ rights. When employers follow the employment laws, staff will not be discriminated against; they will rather promote health and safety. Additionally, when there are disputes between labor and management, disruption is prevented, favoring the two parties (Zender, 2022). Examples of laws include the Family and Medical Leave Act (FMLA), the Pregnancy Discrimination Act of 1978, and Data Protection and Employee Privacy.
Pregnancy Discrimination Act of 1978
The Pregnancy Discrimination Act of 1978 is an employment law under the Civil Rights Act of 1964. The law bars discrimination against people based on pregnancies, childbirth, and other related issues. The law protects females by calling for equality in terms of treatment. In the US, the government advocates for light duties to be allocated to people who belong to the category of expectant women or who have recently given birth (Zender, 2022). Additionally, the latter is protected from dismissal, poor pay, or layoffs that come as a result. Pregnancy discrimination occurs most of the time due to people’s mindset regarding the group’s medical conditions.
Family and Medical Leave Act
Under the Department of Labor, the US government provides job-protected leave annually. In this case, employees are given unpaid family and medical leave for up to twelve weeks. The importance of this law is that it caters to the health benefits during the period when the individual breaks for leave. The importance of this law is that it encourages employees to balance family and work so that they can get in every matter accordingly. Under the Act, a person may seek medical procedures that may take longer for one to recover, more so during operations.
Data Protection and Employee Privacy
It is important to note that personal data is confidential and should not be disclosed without an individual’s consent. For example, the Health Insurance Portability and Accountability Act (HIPAA) seeks to protect the privacy of staff health details. A company is expected to safeguard data for the employee during and after contractual engagement. However, data can only be disclosed in situations where there is the performance of a contract, criminal record check, or legitimate interests that belong to the employer.
Equal Pay Act
In the employment sector, men and women are expected to be paid equally without considering their gender. That applies to identical jobs, which bring substantial equality in terms of conditions and requirements one is expected to offer while working. This Act includes salary, overtime, bonuses, life insurance, and reimbursement for any expenses during work. This Act is important as it determines the remuneration that one should be provided with for the work performed (Plickert & Sterling, 2017). Any person who violates the equal pay act (EPA) must be prosecuted in a court of law for necessary action.
Ethical Issues that Affect Healthcare Delivery
The perspective of delivering quality clinical services is affected by ethical issues. For example, the Do-Not-Resuscitate (DNR) is a common problem that puts healthcare providers in contention with a patient’s health condition. The order limits healthcare providers from performing cardiopulmonary resuscitation (CPR) after a patient stops breathing (Chowdhury, 2020). The DNR does not provide alternative care unless a doctor speaks with a patient. Ethical issues are evident when a doctor withholds a patient’s data when it is either harmful. Thus, healthcare workers may be torn between honoring ethics or violating them at the expense of a patient’s life hence bringing the controversial matter of service delivery.
Legal Issues that Affect Healthcare Delivery
Legal issues pose a risk when it comes to the delivery of quality healthcare. Long-term care and nursing outlets are affected during moments when there are limited social interactions. For example, during the coronavirus pandemic, the facilities were hit hard by the federal guidelines and provisions meant to offer quality healthcare. Under legal grounds, it was significantly ineffective in delivering top-notch health services (Kadivar et al., 2017). The same was witnessed in telehealth law, whereby the government placed comprehensive scrutiny meant to reduce billing fraud. That led to the barrier to offering effective care because healthcare providers felt the audit would condemn various financial grounds during the process.
Conclusion
Employment laws effectively build a lasting and stable relationship between an employer and an employee. The laws serve as a reference whenever an occurrence is witnessed. These laws include the Pregnancy Act of 1978, the Data Protection Act, and the Equal Pay Act, among others. These legal elements are helpful when determining action in an event where there is a battle resulting from the administration of duties. Various legal and ethical issues affect the delivery of healthcare services. For example, DNR is an order that may limit an individual’s proactive gesture in helping a patient. Additionally, legal issues such as telehealth law make it difficult to administer care to the patient since healthcare providers fear scrutiny from the government when it comes to billing.
References
Chowdhury, G. (2020). Basics of ethical issues in obstetrics. Women Health Care and Issues, 3(1), 01-02.
Kadivar, M., Manookian, A., Asghari, F., Niknafs, N., Okazi, A., & Zarvani, A. (2017). Ethical and legal aspects of patient’s safety: a clinical case report. PubMed Central (PMC). Web.
Plickert, G., & Sterling, J. (2017). Gender still matters. Effects of workplace discrimination on employment schedules of young professionals. Laws, 6(4), 28.
Zender, J. (2022). The Employment Law Review. The Law Reviews.
Chowdhury, G. (2020). Basics of ethical issues in obstetrics. Women Health Care and Issues, 3(1), 01-02.
Plickert, G., & Sterling, J. (2017). Gender still matters. Effects of workplace discrimination on employment schedules of young professionals. Laws, 6(4), 28.
Zender, J. (2022). The Employment Law Review. The Law Reviews.