1. 8 Workplace Law and Ethics
Journal Topic: What is professionalism in the workplace?

2. Learning Objectives
Define the key terms.
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3. Professionalism in the Workplace
Avoid discrimination
Do not violate a patient's privacy
Respect cultural differences
Respect religious practices

4. 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

5. 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
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6. 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

7. 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

8. 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

9. Legal/Illegal Interview Questions
Age (L and I)
Birthplace (L and I)
Address (L)
Married (L)
Maiden name (I)
(L=legal; I=illegal)
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10. 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)
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11. Legal/Illegal Interview Questions
Citizenship (L)
Been convicted (L)
Handicaps (I)
Organizations (L and I)
Languages (L)
Military experience (L)
(L=legal; I=illegal)

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

13. 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

14. 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