Discrimination Policies in Health Care

America is one of the most diverse countries in the world with people of many cultures, ethnicity, genders, and religion. However, it has not always been as tolerant of its diversity as evident of America’s history on race, religion, and gender relations. As a result of this history, Title VII of the Civil Rights Act of 1964 was enacted and prohibited employment discrimination based on race, color, religion, sex, or national origin. The U. S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws (FMWM, 2008).

Even with laws society still faces many different forms of discriminations including rate of pay, obesity and because of the time we live in religion. Our laws and society are not perfect but they strive to create a better work place for all American citizens. Organizations today protect themselves from liability and their employees from discrimination by developing policies and implementing training programs to educate and define acceptable ways to treat one another in the workplace. A nondiscrimination policy in an employee handbook is very important, and could help prevent issues in the future of any organization.

Every person should have the right to work in a nondiscrimination organization and not be threatened because of his or her personal beliefs. This policy should help ensure that all employees are aware of the organizations policies and give no room for questions on how an employee should expect to treat or be treated during employment in that organization. The policy needs to be presented to employees at the time of hire and enforced throughout their entire employment. In the policy should be nondiscrimination laws, regulations, policies, and organization executive orders.

Discrimination against anyone on the basis of race, color, creed, religion, sex, age, national origin, marital status, sexual orientation, physical or mental disability, gender identity and expression, familial or parental status, genetic information, veteran status, or any other protected classification will not be tolerated (JHH, 2009). The organization should take proper steps when hiring new employees by carefully screening all prospective candidates. The interviewing manager needs to ask important questions to see if that new mployee will fit into the culture of the organization. Background checks, drug test need to be done before hiring. In order for the nondiscrimination policy to be effective every protected violation must be addressed and responses to every issue need to be handled as soon as possible. This will leave no question in an employee’s mind that everyone is treated according to the policies set forth by the organization and the law. No employee can be the exception to the rule or this policy will leave room for error and eventually fail.

Regardless of what personal views management has, the organization’s policies are executed. Nondiscrimination policies in an organization limit liability by promoting equality in the workplace and a unified workforce. An effective anti-discrimination policy helps an organization anticipate issues, manage them, and then continue with business (Duncan, 2004). Organizations must ensure their anti-discrimination policies fully deal with all potential issues but not be so detailed and sophisticated that no one understands it.

Ultimately, employers are responsible for ensuring a healthy work environment by providing policies and educating employees on discriminatory practices and harassment, as well as preventing liability for the organization (Fremgen B. F. , 2009). Discriminatory practices can be direct or indirect and both can have a negative impact on the work environment and the organization. Direct discrimination occurs when a direct distinction, preference, or exclusion is made, for example, a job description or advertisement that specifies applicants of a certain age, race, creed, or color (ILO, 1996-2010).

Many of these types of discriminatory actions are addressed in federal and state laws, and can lead to litigation for the organization. Indirect discrimination is less obvious and occurs when neutral practices result in unequal treatment; for example, scheduling job assignments or training sessions that interfere with an employee’s family obligations. These types of issues do not usually result in litigation, but they do cause unrest and dissatisfaction in the workplace if not resolved (ILO, 1996-2010). In today’s competitive environment organizations need to find new methods to reate a culture of equality and opportunity in the workplace. Many organizations conduct mandatory training for all managers on non-discriminatory practices in an effort to increase efficiency and productivity (Duncan, 2004). Equal opportunity and treatment allows an individual to develop their own unique set of talent and skills, as well as recognize their own value. Equal opportunity practices improve productivity, increase a sense of fairness, lower staff turnover, increase motivation, and provide a less stressful work environment.

The Equal Employment Opportunity Act of 1972 is the act that gives the Equal Employment Opportunity Commission (EEOC) authority to sue in federal courts when it finds reasonable cause to believe that there has been employment discrimination based on race, color, religion, sex, or national origin (EEOC, 2009). The EEOC is responsible for coordinating the Federal government’s employment non-discrimination effort. In the case of public employment, the EEOC refers the matter to the United States attorney general to bring the lawsuit.

The U. S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws and provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies (EEO). Different federal agencies enforce federal laws concerning workplace discrimination issues. Unless the government speaks together upon non-discriminating matters within employment, workers remain confused about what rights they have and how to protect them.

Employers may be uncertain of their obligations and how to comply voluntarily with their legal duties. Other federal laws not enforced by EEOC also prohibit discrimination and reprisal against federal employees and applicants. The Civil Service Reform Act of 1978 (CSRA) contains a number of prohibitions, known as prohibited personnel practices, which are designed to promote fairness in federal personnel actions (U. S. Department of Health & Human Services). The president appoints five commissioners and a General Counsel whom oversees the affairs of the EEOC.

According to the Chair, the chief executive officer of the commission is responsible, along with the General Counsel, for conducting EEOC enforcement litigation under Title VII of the Civil Rights Act of 1964 (Title VII), the Equal Pay (EPA), the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). The laws enforced by the EEOC are:

• Title VII of the civil Rights Act
• Equal Pay Act of 1963
• Age Discrimination in Employment Act of 1967 (ADEA)
• Rehabilitation Act of 1973, Sections 501 and 505 Titles I and V of the Americans with Disabilities Act of 1990 (ADA)
• Civil Rights Act of 1991 (EEO)

Many states have equal employment opportunity commission equivalents that enforce state employment discrimination laws and related regulations. State equivalents also investigate and resolve employment discrimination charges filed under state laws and under certain Federal laws. The company judges individuals by their abilities, not their disabilities, and seeks to give full and equal employment opportunities to all persons capable of performing successfully in the company’s positions.

The company complies with all anti-discrimination laws, regulations, and executive orders. The company emphasizes that the law does not promise a job or a promotion but meant to level the playing field and make the rules the same for all applicants and employees. Equal employment opportunity programs include affirmative action for employment, as well as for handling discrimination complaints. Ethics in the medical industry is important because “ethics demands that the healthcare professional make sure that the patient understands the consequences in terms of the issues that are important to the patient.

If there is no understanding, there is no agreement and therefore no authorization to proceed” (Garett, 2010). Ethical principles in healthcare refer to decisions or actions consistent with widely excepted ethics standards, norms, or expectations for a healthcare organization and its staff. One ethical consideration is strong leadership with a high regard of ethical values, which foster an environment and culture that support ethical practices throughout a hospital’s organizational structure.

Fair hiring practices that bring in employees based on their knowledge, strength, abilities and competency for doing the job right. Also to enforce any codes, laws, or standards in the healthcare industry it is important to have a performance management system that is structured to your organizational needs. This is based on the ethical evaluation of patient care that “allows for the examination of organizational performance to ascertain how well the rganization is performing relative to what is expected, ethical improvement in organizational performance and by implementing corrective action that measures levels of expectations” (McConnell, 2003). The Ethics process plays an important part in keeping viable communication between health organizations and the patients, because ultimately it is the goal and mission of the organization to provide its consumers with a good or desirable experience. It is a sound principal to have clear goals and a complete understanding of ethics.

S. Equal Employment Opportunity Commission (EEOC) governs and enforces the laws pertaining to discrimination. The healthcare industry should have a system in place to ensure that the highest ethical standards are maintained so that patients, family members, surrogates, employees and volunteers can work or be treated in a culture of professionalism. Good organizations know where ethical problems might occur and have solutions on how to resolve them. They must be committed to high ethical standards and morals consistent with an industry dedicated to the well-being of its customers.