8 Workplace Law and Ethics Journal Topic: What is professionalism in the workplace?

Learning Objectives Define the key terms. continued on next slide

Professionalism in the Workplace Avoid discrimination Do not violate a patient's privacy Respect cultural differences Respect religious practices

Privacy in the Workplace Health Insurance Portability and Accountability Act of 1996 Opening a patient’s medical file should always be on a “need to know” basis Inappropriate to look at a coworker’s personnel file

Cultural Considerations Background and experience heavily influence personal beliefs Stereotyping Bias Do not judge a person Different cultures have their own practices for personal hygiene continued on next slide

Cultural Considerations Ethnocentric people Communication can be a challenge for many people who do not understand English Non-English-speaking patients need brochures and handouts in their own language Cultural restrictions can pose difficult situations

Religious Considerations Patient autonomy Conditions can result in confusion for the medical professional Guardianship may have to be established Never appropriate to judge another person's customs or beliefs Employer has a legal obligation to accommodate religious pratices

Effective Hiring Practices Develop clear policies Use two-tier screening process Provide job descriptions Use a progressive disciplinary process and document all disciplinary procedures Be familiar with legal and illegal interview questions

Legal/Illegal Interview Questions Age (L and I) Birthplace (L and I) Address (L) Married (L) Maiden name (I) (L=legal; I=illegal) continued on next slide

Legal/Illegal Interview Questions Children (I) Height and Weight (I) Race or color (I) Religion or creed (I) Been arrested (I) (L=legal; I=illegal) continued on next slide

Legal/Illegal Interview Questions Citizenship (L) Been convicted (L) Handicaps (I) Organizations (L and I) Languages (L) Military experience (L) (L=legal; I=illegal)

Federal Regulations Government regulations regarding employment Healthcare facilities and medical practices must remain current on regulations Federal laws preempt, or overrule, state laws

Equal Employment Opportunity and Employment Discrimination Laws that affect recruitment, placement, pay plans, benefits, penalties, and termination People must be judged primarily by job performance

Employment-at-Will Concept Employment takes place at will of either employer or employee Employment may be terminated at will at any time for no reason Employee may quit at any time Exception for a specific employment contract in which employment cannot be terminated during contract period