Understanding Legal and Ethical Requirements
The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency charged with ending employment or workplace discrimination. In that role it may not, as yet, have succeeded in wiping out discrimination in employment, but as you will discover in researching its website, the EEOC is dedicated to its mission.
To Prepare:
Review the Learning Resources, with particular attention to those on employment law and discrimination.
In particular, review the EEOC website for the following:
· Trends on reporting of discrimination in organizations (for example, browse the “Newsroom” and “Laws, Regulations, Guidance & MOUs” sections to spot trends), as well as trends in discrimination charges through the years
· Information on the types of discrimination reported to the EEOC
· Data on discrimination charges by type (e.g., age, disability, pregnancy, etc.) and the basis of the charge (e.g., race, religion, retaliation, disability)
· Process for filing a complaint and protections against retaliation
Consider implications for healthcare organizations in the EEOC findings.
Consider the legal and ethical role of nurse executives in responding to cases of discrimination and in setting and enforcing policies to avoid discriminatory behavior.
Assignment:
Based on your research, in 8–10 slides, plus Title and Reference slides, include the following:
· Explain basic legal and ethical terms and guidelines that pertain to the topic of workplace discrimination.
· Explain legal protections for employees with regard to discrimination in the workplace.
· Explain the role of nurse executives in reporting potential violations of employment law.
· Analyze potential ethical conflicts nurse executives may face in accusations and lawsuits related to charges of discrimination.
· Explain recommendations for negotiating those ethical conflicts.
· Explain the role of nurse executives in preventing discriminatory practices in a healthcare setting and ways discrimination may be managed.
Workplace Discrimination
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Workplace Discrimination
Understanding Legal and Ethical Requirements
In the presumably knowledgeable era of the 21st century, workplace discrimination remains an underhand shadow, progressing to cast a pall over the reassurance of equality and advancement. Workplace discrimination progresses to be a pervading issue in contemporary society, despite crucial progress made in the monarchy of equality and diversity. Discrimination in the workplace is the unfair treatment of individuals based on numerous factors like race, gender, age, religion, disability, and sexual orientation. This bias can exhibit subtle or overt methods, varying from unequal pay and restricted career evolution opportunities to exclusionary practices and inclusive work environments. Such discriminatory practices not only subvert the fundamental principles of fairness and justice but also hamper the development and productivity of organizations. According to Dhanani et al. (2018), moderator analyses indicated that discrimination appears most detrimental when observed rather than personally encountered, interpersonal rather than formal, and measured broadly rather than specifically. Efforts to combat workplace discrimination need a multifaceted perspective involving education, legislation, and proactive policies, promoting completeness and equal opportunities for all employees. By ardently addressing and challenging discriminatory practices, cab establishes a genuinely equitable workplace where everyone is valued and respected, regardless of their background or features. This essay aims at explaining the basic legal and ethical terms and guidelines about workplace discrimination, summarizing findings from the EEOC website, legal protection for employees concerning discrimination in the workplace, the role of nurse executives in reporting potential violations of employment law, potential ethical conflicts nurses executives face in accusation and lawsuits related to charges for discrimination and the recommendations for negotiating the conflicts, and finally, the role of nurse executives in preventing discriminatory practices in a healthcare setting including ways of managing discrimination.
Basic Legal and Ethical Terms and Guidelines about Workplace Discrimination
Workplace discrimination is the unfair treatment of employees or job applicants on incontrovertible protected features like race, color, religion, sex, national origin, age, disability, and genetic information. Comprehending the basic legal and ethical terms and guidelines encompassing workplace discrimination is indispensable to ensuring a fair and holistic work environment. Legally, organizations should comply with anti-discrimination laws, like the Civil Rights of 1964 in the United States, prohibiting discrimination in employment based on the aforementioned protected features (French-Folsom & Rolfson, 2020). These laws protect people from discriminatory practices in all aspects of employment, involving hiring, promotion, compensation, and termination. Ethically, employers need to create policies and guidelines, fostering equal opportunity and preventing discrimination. This encompasses developing workplace culture, valuing diversity and involvement, providing anti-discrimination training to employees, and promptly summoning any report of discrimination. Institutions should have precise reporting techniques and non-retaliation policies to motivate employees to complain. Inclusively, promoting a free discrimination workplace is a legal obligation and an ethical assert, ensuring fairness, equality, and respect for all individuals.
Legal Protection for Employees Concerning Discrimination in the Workplace
Legal protection for employees concerning workplace discrimination focuses on ensuring fair and equal treatment for all individuals. These protections range depending on the country and jurisdiction but predominantly involve a range of laws and regulations. In most countries, it is illegal for employers to victimize employees or job applicants garrisoned on protected features like race, sex, genetic information, and age, among others. These protections consistently extend to numerous ingredients of employment, involving hiring, firing, promotion, compensation, and terms and conditions of employment. In addition, employees are frequently protected against harassment structured on these protected characteristics. Legal remedies for workplace discrimination are filing a complaint with a government agency, like the equal employment opportunity commission in the United States, and seeking legal action through the court system if appropriate (Krause & Park, 2023). Employers disrespecting these protections may encounter penalties, fines, and legal liabilities. These legal protections are pivotal in promoting a comprehensive and equitable workplace where employees are protected from discrimination and can thrive based on their distinctions and qualifications.
The Role of Nurse Executives in Reporting Potential Violations of Employment Law
Nurse executives are essential in reporting potential employment violations within healthcare institutions. As leaders in their institutions, nurse executives are accountable for supervising the management and administration of the nursing department to ensure that all operations are conducted in compliance with applicable laws and regulations (Weiss et al., 2019). Regarding employment law, nurse executives have the accountability to recognize and address potential violations within their facilities. This involves comprehending and enforcing laws connected to fair labor practices, equal employment opportunities, anti-discrimination standards, and workplace safety measures. Nurse executives advocate for the nursing staff and organization to ensure employees are treated fairly, and any concerns or violations are punctually reported and addressed. Reporting a potential violation of employment law, nurse executives contribute to maintaining a safe, holistic, and legally compliant work environment for healthcare professionals, eventually fostering quality patient care.
Potential Ethical Conflicts Nurse Executives Face in Associations and Lawsuits Related to Charges of Discrimination and Recommendation for Negotiating These Ethical Conflicts
Nurse executives may experience ethical conflicts when encountering accusations and lawsuits related to discrimination charges. These conflicts developed from the clash between their duty, ensuring fair and equal treatment for all employees and patients and the legal and financial entanglement-like accusations. One potential ethical conflict entails stabilizing the principles of justice and non-maleficence (Maharaj, 2022). Nurse executives should address the allegations and maintain the reputation and integrity of the healthcare organizations they serve. However, they may experience conflict between protecting their rights and the well-being of individual employees and the broader institution’s interest. To negotiate these ethical conflicts, nurse executives must prioritize transparency, responsibility, and fairness through the investigative and resolution procedure (Jammaers, 2023). They must maintain a thorough and unbiased investigation, pursuing the truth and revealing any routine matters contributing to victimization. Engaging in open communication with all parties included is essential, as it demonstrates a commitment to addressing concerns and finding equitable resolutions. Nurse executives must advocate for and execute policies and processes, fostering diversity, involvement, and anti-victimization practices within the institution. By promoting an environment of trust and respect, nurse executives can assist in minimizing discrimination and respond effectually to accusations while upholding ethical measures.
The Role of Nurse Executives in Preventing Discriminatory Practices in a Healthcare Setting and Ways of Managing Discrimination
Nurse executives are essential in preventing discriminatory practices in a healthcare setting. They are chargeable for developing and fostering a culture of hostility, equality, and respect between the nursing staff and other healthcare professionals. Nurse executives should ensure policies and processes are in place to prevent discrimination based on race, gender, religion, sexual orientation, and disability. To manage discrimination effectively, nurse executives can execute several strategies. First and foremost, they can develop inclusive anti-discrimination policies and train the healthcare team on these policies, emphasizing the significance of treating all patients and colleagues with dignity and fairness (Suleiman et al., 2022). Nurse executives can also actively foster a diverse and inclusive workforce by promoting equal employment opportunities and executing recruitment and retention strategies that embrace diversity. Moreover, nurse executives should encourage open communication channels within the healthcare setting, allowing staff to report any incidents of discrimination without fear of retaliation. They can establish a system for promptly investigating and addressing such reports and ensuring appropriate disciplinary action when necessary. Nurse executives can also support the development of educational programs and cultural competency training to enhance the staff’s understanding and appreciation of different backgrounds and perspectives (Kaihlanen et al., 2019). Comprehensively, nurse executives have a critical role in preventing discriminatory practices in healthcare. By executing anti-discrimination policies, fostering diversity, promoting open communication, and equipping education and training, nurse executives can create an environment where all individuals are treated fairly, ensuring optimal patient care and a harmonious work environment.
Conclusion
Workplace discrimination significantly affects employees’ rights, dignity, and overall well-being. Legal protections have been developed to safeguard employees against discrimination to lessen these issues. These legal protections include numerous laws like the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Victimization in Employment Act, and they condemn victimization based on factors like color, sex, national origin, religion, disability, and age. In addition, nurse executives play a pivotal role in reporting potential employment law violations. They are accountable for recognizing and addressing discriminatory practices within their healthcare facilities to ensure a fair and holistic work environment. Moreover, nurse executives may experience ethical conflicts when encountering accusations and lawsuits linked to discrimination. These conflicts may result from balancing the rights of the accused, maintaining patient trust, and upholding legal obligations. Nurse executives must prioritize transparency, fair investigation, and adherence to developed protocols to sail these ethical conflicts. Nurse executives can successfully negotiate these ethical difficulties by ensuring open communication, supporting all parties included, and pursuing legal guidance when appropriate. However, nurse executives should ardently work towards preventing discriminatory practices in healthcare settings. This can be gained through education and training programs, fostering diversity and involvement, executing solid anti-discrimination policies, and creating a culture of respect and equality. By managing discrimination proactively, nurse executives can develop a safe and harmonious workplace with everyone feeling valued and encouraged to equip the highest quality care.
References
Dhanani, L. Y., Beus, J. M., & Joseph, D. L. (2018). Workplace discrimination: A meta‐analytic extension, critique, and future research agenda. Personnel Psychology, 71(2), 147-179. https://doi.org/10.1111/peps.12254
French-Folsom, E., & Rolfson, M. (2020). Flunked out: A comparative look at state educational code, Title VI of the Civil Rights Act, and slavery education. Brigham Young University Prelaw Review, 34(1), 5.
Jammaers, E. (2023). Theorizing discursive resistance to organizational ethics of care through a multi-stakeholder perspective on disability inclusion practices. Journal of Business Ethics, 183(2), 333-345. https://doi.org/10.1007/s10551-022-05079-0
Kaihlanen, A. M., Hietapakka, L., & Heponiemi, T. (2019). Increasing cultural awareness: a qualitative study of nurses’ perceptions about cultural competence training. BMC Nursing, 18(1), 1-9. https://doi.org/10.1186/s12912-019-0363-x
Krause, G. A., & Park, J. (2023). How status‐group power differentials shape age discrimination within US federal agencies: Evidence from EEOC formal complaint filings, 2010–2019. Public Administration Review, 83(1), 51-64. https://doi.org/10.1111/puar.13532
Maharaj, S. S. (2022). HIV and TB co-infection: A double ethical challenge in South African public hospitals. Ethics, Medicine and Public Health, 22, 100760. https://doi.org/10.1016/j.jemep.2022.100760
Suleiman, K., Miro, K., Heli, K., Ashlee, O., Marco, T., Jonna, J., … & Kristina, M. (2022). Integration strategies and models to support transition and adaptation of culturally and linguistically diverse nursing staff into healthcare environments-an umbrella review. International journal of nursing studies, 104377. https://doi.org/10.1016/j.ijnurstu.2022.104377
Weiss, S. A., Tappen, R. M., & Grimley, K. (2019). Essentials of nursing leadership & management. FA Davis.
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