Workplace Law And Ethics
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Chapter 8
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Americans with Disabilities Act
(ADA) of 1990
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Prohibits employers who have more than 15
employees from discriminating against
individual with disability
Employer must make reasonable
accommodations
Exception if undue hardship for employer to
make accommodations
AIDS patients protected under this statute
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Reasonable Accommodation is
neither
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Maximizing religious/moral values of employee.
–
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Developing a plan of care that gives complete
priority to honoring those values
Maximizing the greatest net benefit
–
Developing a plan that considers the overall cost
(i.e., resources) and gives complete priority to the
net benefit of the employer.
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Court Decision in Text

Prince v. Massachusetts (p. 177)
–
“Parents may be free to be martyrs themselves. But
it does not follow that they are free in identical
circumstances to make martyrs of their children.”
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Religious Beliefs / Moral Beliefs
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United States v. Seeger (1965)
Welsh v. United States (1970)
Anderson v. OCTA (1996)
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
March 2009
5
Court Decision in Text

Armstrong v. Flowers Hosp. (p. 183)
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Disparate treatment vs disparate impact
Grubbs v. Medical Facilities (p. 184)
–
Acute care versus subacute care
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Employee Health and Safety

Regulated by both federal and state laws
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State law may be stricter than federal but
cannot be more lenient
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Occupational Safety and Health Act
(OSHA) of 1970
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Employer required by law to provide safe and
healthy work environment
Must protect worker against hazards
Occupational Exposure to Bloodborne
Pathogens Standards
Standards refer to urine, stool, sputum, nasal
secretions, vomitus, and sweat if there is
visible evidence of blood
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Title VII of the Civil Rights Act
of 1964
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Prohibits discrimination, or unfair treatment based on
race, color, religion, sex, or national origin
Several exceptions: certain religious-affiliated colleges,
public officials and their staff
Forbids discrimination in all aspects of patient care in
institutions that receive federal financial assistance
Makes sexual harassment a form of unlawful sex
discrimination
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Pregnancy Discrimination Act
of 1978
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Employers must treat pregnant
women as they would any other
employee, providing pregnancy does
not hinder job performance
Employer cannot force woman to quit
her job because she is pregnant
Insured equal treatment in areas of
disability, sick leave, and health
insurance
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Age Discrimination Act of 1978
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Protects persons 40 and older
against discrimination
Applies to employers with 20 or
more employees
Mandatory retirement prohibited
except for certain exempt
executives
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Employment-at-Will Concept
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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
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen