Chapter 9: Laws in the Workplace

Employment & Labor Law Overview

Employment laws are designed to protect workers’ rights, ensure fair treatment, and guide employers’ responsibilities across all industries.:contentReference[oaicite:0]{index=0}

Employment and Labor Laws protect workers’ rights and ensure fair treatment:

Workplace Safety and Health ensures safe working conditions, especially in healthcare and high-risk jobs:

• Harassment (sexual, verbal, racial) is illegal under Title VII.
• Employers must maintain a hostile-free environment and provide complaint procedures.
• Retaliation for reporting is strictly prohibited.

• Employers must protect employee medical and personal information.
• HIPAA applies in healthcare settings to protect patient and sometimes employee health records.
• Drug testing policies must comply with state and federal law.

• In healthcare, some vaccines (e.g., influenza, hepatitis B, COVID-19) may be required; refusal may require documentation or exemptions.

• Right to report unsafe conditions without retaliation.
• Right to access pay and leave policies; duty to comply with employer policies.

• Minimum wage (federal $7.25/hour; states may set higher); overtime after 40 hours/week; child labor rules.
• FMLA allows up to 12 weeks unpaid leave; applies to 50+ employers.
• Title VII prohibits discrimination based on race, color, religion, sex, national origin; applies to 15+ employers.
• ADA requires reasonable accommodations; applies to 15+ employers.
• Employment-at-will: termination at any time for any legal reason unless a contract states otherwise.
• Whistleblower protections, wage/hour recordkeeping, unemployment insurance, and retaliation protections apply.

Discrimination and Harassment

Protected Characteristics (Under Federal Law)

• Examples of discriminatory behavior include refusing to hire, promote, or pay fairly due to a protected trait; harassment; denial of accommodations; retaliation.
• EEOC enforces anti-discrimination laws; charges generally filed within 180–300 days.
• Employers must maintain a discrimination-free workplace, implement policies, train staff, and investigate complaints promptly and confidentially.
• Employees have rights to fair treatment, to report without retaliation, to accommodations, and to pursue legal action if needed.

Sexual Harassment is unlawful sex discrimination under Title VII and includes quid pro quo and hostile work environment. It may include unwanted touching, sexual comments, explicit messages, repeated requests after refusal, or display of offensive material; it generally does not include mutual flirtation, isolated compliments, or offhand non-pervasive remarks.

• Employers: zero-tolerance policy, annual training (where required), clear reporting procedures, prompt confidential action, anti-retaliation.
• Employees: right to a respectful workplace; report to supervisor/HR, state HRC, or EEOC within 180–300 days; protected from retaliation.

Major Federal Employment Laws

• Wagner Act (NLRA): organizing and bargaining rights; NLRB enforcement; limits unfair labor practices.
• Title VII: prohibits discrimination; religious accommodations; anti-retaliation; EEOC process.
• ADEA: protects workers 40+; applies to 20+ employers; anti-retaliation; EEOC filing.
• Rehabilitation Act: Sections 501/503/504; federal employment, contractors, and federally funded programs; reasonable accommodations.
• PDA (1978): prohibits discrimination based on pregnancy/childbirth; equal treatment as temporary disabilities.
• ADA (1990): Titles I–V; employment accommodations; public access; telecommunications; enforcement.
• Civil Rights Act (1991): jury trials, capped damages, burden clarifications, mixed-motive, global reach.
• GINA (2008): defines genetic info; bans use in employment decisions; anti-retaliation; EEOC enforcement.
• Lilly Ledbetter Act (2009): 180-day filing resets with each discriminatory paycheck.

Workplace Safety Regulations

OSHA Workplace Inspections prioritize imminent danger, fatalities/catastrophes, serious complaints, referrals, targeted industries, and follow-ups. The process includes arrival, opening conference, walkaround (records, interviews, sampling), and closing conference with potential citations and employer appeal rights.

Right-to-Know (Hazard Communication Standard): chemical lists, labeling, Safety Data Sheets (SDS), employee training, and PPE access promote transparency and safety.

OSHA sets and enforces standards; conducts inspections; provides training and resources; protects worker rights and whistleblowers; covers most private sector workers.

OSHA, CDC, and CLIA Standards

OSHA Bloodborne Pathogens Standard (29 CFR 1910.1030): written exposure control plan; Hep B vaccination; universal precautions; PPE; engineering/work practice controls; training; post-exposure evaluation and follow-up.

CDC Universal Precautions: treat all blood and OPIM as infectious; use PPE; hand hygiene; sharps handling; environmental cleaning; waste disposal; specimen handling.

Hazard Communication Standard (29 CFR 1910.1200): written program; GHS labels; SDS; employee training; PPE and employee rights.

United Nations GHS: international chemical classification/labeling standard; standardized pictograms, signal words, hazard/precautionary statements, and 16-section SDS format; widely adopted.

GHS Pictograms

Note: The environmental hazard pictogram is not required by OSHA but may appear for international compliance.

Chemical Hygiene Plan (29 CFR 1910.1450): SOPs; PPE criteria; engineering controls; training; medical consultations; exposure monitoring; Chemical Hygiene Officer; annual review.

Ionizing Radiation (29 CFR 1910.1096): dose limits, monitoring/dosimetry, protective measures, signage/labels, training.

Exit Routes (29 CFR 1910 Subpart E): number/design of exits, fire protection, marking/lighting, maintenance, Emergency Action Plans.

Electrical Standards (29 CFR 1910 Subpart S): design safety, work practices (lockout/tagout, distance, insulated tools), maintenance, qualified persons, hazardous locations, training.

Medical Waste Tracking Act (1988): pilot tracking system; defined regulated medical waste; recordkeeping/labeling; transporter rules; penalties; state-level legacy.

CLIA (1988): certification based on test complexity; personnel requirements; QC/QA; proficiency testing; coverage and exemptions to ensure accuracy and reliability of clinical test results.

Workers’ Compensation & Unemployment Insurance

Workers’ Compensation is a state-mandated, no-fault system that provides medical care, wage replacement, rehabilitation, and death benefits for work-related injuries/illnesses. Employers must carry insurance, post notices, report injuries, and may not retaliate. Employees must report injuries promptly and cooperate with treatment and return-to-work plans; disputes are handled by state systems (with federal systems for certain workers).

Unemployment Insurance (UI) is a joint federal–state program that provides temporary financial assistance to eligible workers who lose their jobs through no fault of their own.

• Common terms: Base period; claim; weekly certification; disqualification (e.g., quitting without good cause, misconduct, refusal of suitable work).

Hiring Practices & Required Paperwork

Hiring (Legal Guidelines): base decisions on qualifications, experience, and skills; background checks with consent; job-related questions only. Prohibitions include discrimination under Title VII, ADEA, ADA, PDA, and use of genetic info (GINA). Recommended practices include standardized applications, documented interview criteria, and clear job descriptions.

Firing (Termination): at-will employment allows termination for any legal reason. Legal reasons include performance, policy violations, attendance, restructuring; illegal reasons include discrimination based on protected traits, retaliation, termination for FMLA leave or workers’ comp claims, and constructive discharge. Best practices: documentation, progressive discipline, termination checklists, respectful exit meeting, and compliance with state final paycheck laws. WARN Act applies to mass layoffs for larger employers.

Hiring Interviews in Healthcare: purpose (clinical qualifications, soft skills, licensure/certification, culture fit); formats (structured, behavioral/STAR, panel, technical/clinical, situational ethics, peer); sample question categories (clinical skills, teamwork, patient care, regulatory, ethics); legal considerations (avoid age/religion/marital/ disability questions; ADA/Title VII/ADEA compliance; licensure verification; FCRA for credit checks); best practices (job-specific competencies, credential checks, diverse panels, documentation, realistic job previews).

Background Checks in Healthcare: criminal history; sex-offender registry; license and credential verification; employment and education verification; drug screening; OIG exclusion list; credit (if applicable); SSN trace. Requirements: FCRA notices/consent, non-discriminatory use under equal employment laws, CMS exclusion checks, state mandates. Red flags: violent felonies, fraud, diversion, revoked licenses, OIG/SAM exclusions, misrepresentation. Best practices: policy standardization, FCRA-compliant vendors, role-based scope, consistent application, confidentiality.

Employment Paperwork in Healthcare

Source: Chapter 9: Laws in the Workplace:contentReference[oaicite:1]{index=1}