Human resource managers act as custodians between employers and employees. When an employee receives discrimination from labor unions, employment agencies, or individual employers, they have the right to question this injustice. Discrimination can be because of age, ethnic origin, sex, color, religion, or race. On one occasion, if an employer, colleague, or any service provider commits this crime, the victim has both moral and civil authority to file discrimination charges. This is what the United States Equal Employment Opportunity Commission (EEOC) is best in doing.
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EEOC acts on behalf of the complaint to protect individual rights and freedoms. As a human resource manager in the medical industry, I do receive numerous cases against different forms of discrimination. Discrimination is an offense under EEOC rules and regulations. EEOC conducts investigations to determine the issue. However, human resource managers assist in determining the outcome of the case. For example, I recently received an EEOC complaint where a senior surgeon discriminated against a young nurse. This is an age discrimination case.
Legal and Related Issues Affecting Job Design in the Healthcare Environment
I received an EEOC complaint about this discrimination. The young nurse had filed a file of discrimination against the surgeon. As the human resource manager, I ought to follow systematic steps to achieve a just conclusion. The first step is to respond to EEOC by informing them that I have received complaint receipts. I will also tell them of my possibility of commencing my own investigation. Moreover, since some EEOC personnel will visit for their own investigation purposes, I will request them to inform me in advance. (All Business, 2008, Para. 1-8).
The next step to take as the human resource manager is to review and study personnel policies in relation to the complaint. Since this is an age discrimination complaint, I will base my policy review on age discrimination. Limiting me to this policy will, however, not work well. I will review other complaints, procedures, and other documentaries relevant to this complaint. (Bernstein, 2009, Para. 1-5).
Next, I will start analyzing personnel files belonging to the accused and complaint. This will allow me to familiarize myself more with the code of conduct of the accused and complainant. If the accused files many complaints or receives regular counseling is, then I will know. On the contrary, I will also be acquainted with whether the accused has, in the past, received counseling related to hate language or any other offense.
I will then write to the complainant to assure her of progressive investigation. I will motivate her and let her be free for any further consultation from me. Consequently, I will notify the surgeon about the allegations made to him, warning of possible action should the law find him guilty. The last step is to conduct a formal hearing with the presence of witnesses. All investigations and hearings should be confidential. I will finally remind the nurse and the surgeon to be cooperative at all times so that the case runs smoothly.
Another similar situation can also occur though, this time around, a doctor discriminates against a patient by violating his or her sexual rights. This leads to an EEOC complaint. Numerous complaints are under investigation regarding the sexual assault of patients from doctors while on treatment. This is a severe offense punishable under state and EEOC rules and regulations. (Sorrel, 2009, Para. 8-26).
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Employee and Labor Relations in Healthcare
Every country or state has laws that protect employees from wrongful termination of contracts. Unlawful termination of employees in violation of labor laws and is subject to punishment through employment is by will. However, this does not mean that employees will not have legal rights against any form of discrimination. Whether sexual harassment, age discrimination, or marital status violations, the Civil Rights Act of 1964 protects all employees. Employees have the right to take a leave, exercising their union rights, and garnishing for their wages. (Larson, 2003, Para 2-9).
Employers have numerous case procedures to follow so that wrongful terminations are minimal. As a human resource manager, I will enact proper termination procedures done through resignation or checklist documentation. Investigations should be confidential while documenting everything in personal files.
I will also ensure that there is no vengeance from any party. For specificity purposes, witnesses are to assist in case determination. I will, at all times, observe confidentiality. Lastly, before terminating an employee, human resource managers must comply with both state and federal laws. (HRM.com, 2009, Para. 1-15).
Importance of Unions in the Modern Healthcare Workplace
In a recent discussion with a union official, it came to my realization that for any business to thrive skillfully, there ought to be labor unions. Like in business environments, the healthcare environment also needs a healthcare union for these workers. These unions provide a platform for insuring against unemployment that can result from wrongful terminations. Therefore, unions act like courts of justice to employees. In addition, unions work like wage bargainers. Sometimes, trade unions may force workers to go on strike for them to achieve their rights, privileges, and goals. Moreover, trade unions can enact fastidious legislation. (Carlson, 2009, Para. 1-18).
Labor unions also help employees in contract extension and negotiations. Additionally, labor unions provide training to members and struggle to improve working conditions. In the healthcare environment, partnerships have led to the development of new technological treatment skills and expanded the health sector in terms of research and defending institutions like the national institute of occupational safety and health (NIOSH). All workers are entitled to membership from unions. They have all rights and privileges under a law that associates them with unions minus employers becoming barriers.
In conclusion, in the healthcare workplace, all employees are equally working under similar conditions unless and otherwise started by the law. Health laws provide a platform of equality in practicing and offering healthcare services. All surgeons and surgeons have a role to take without discriminating against one another. In case of any discrimination, EEOC laws are there to bring justice and normalcy to the healthcare environment.
All Business. (, 2008). Before investigating the EEOC Complaint. Web.
Bernstein, H. (2009). How to File an EEOC Employment Discrimination Claim. EzineArticles.com. Web.
Carlson, J. (2009). Modern Healthcare: Laboring to Unite. National Union of Healthcare Workers. Web.
HR411.com. (, 2009). You’ve fired!” 13 Critical Steps for Avoiding Wrongful Termination Lawsuits. The human resource blog. Web.
Larson, A. (2003). Wrongful Termination of At Will Employment. Expert Law. Web.
Sorrel, L. (2009). The doctor stands up for patient care, wins a case in the courts. Web.