Managing Human Resources and Health Professions: The Essential Guide

Question 1 

The passage of the Civil Right Acct in 1974 formed the foundation for safeguarding the rights of employees as well as shifting the focus of the human resource department towards creating effective employer-employees relationships and applauding government involvement in business operations (Fallon & McConnell, 2014). Besides, the 1964 and the aftermath growing regulatory environment not only prohibited discrimination on the basis factors such as race, sex, religion, color and national origin, but also heralded people’s freedom to choose their preferred occupations subject to non-discrimination from employers (Hersch & Shinall, 2015). In this case, besides the regulatory obligations, the free will is a requisite to empowerment and collective social responsibility. 

Question 2 

According to the National Labor Relations Act, contemporary bargaining unit refers to a structural grouping by certain employees aimed at representing the pleas of the others in employment unions (Fallon & McConnell, 2014). With its major concerns being identifying unfair labor practices, the contemporary bargaining represents similar agenda as the 1935 bargaining goal envisioned in the Wagner Act. 

Question 3 

The Equal Employment Opportunity Commission was established in 1964 by the Civil Right Act as reinforcement to the implementation of the stipulated provisions (Fallon & McConnell, 2014). Its major purpose was to compel the execution of the antidiscrimination requirement regarding unlawful employment practices that entailed hiring of employees on the basis of their racial, sex, gender and religious affiliations among other factors. 

Question 4 

A bona fide occupational qualification is a concept that justifies some form of discrimination thus allowing an employer to hire individuals on the basis of characteristics such as gender, sex, age, race and national identity in defense of the specific merits to job duty, occupations and business operations (Cavico & Mujtaba, 2016). For instance, an objection to women working as prison guards in a men’s oriented prison stands outs as an acceptable bona fide qualification. Also, due to safety and efficiency concerns in the transport industry, mandatory retirement age limits for airplane pilots and bus drivers is a bona fide occupational qualification. 

Question 5 

The right-to-know is a legal principle that mandates employers to inform employees of the possible dangers posed by work place hazards associated with exposure to chemicals and toxic materials in the work premises (Delp, Mojtahedi, Sheikh & Lemus, 2014). As an embodiment of the federal and some state laws, this rights requires the employer to follow safety standards including maintaining of a list of the hazardous products and the respective material Safety data Sheets (MSDS), labeling of the chemical containers and training the workers about handling, storage and prevention of exposure to the chemicals (Fallon & McConnell, 2014). In my views, although laws such as the federal occupational Safety and Health Administration (OSHA) aimed at ensuring the safety and healthy working environments for American workers, the right-to-know principle has not been successful. Reports of increasing incidences of workplace accidents related to chemical exposure such as fires clearly indicate the implementation gaps. 

Question 6 

Before the passage of the American Disabilities Act in 1990, employers accommodate some forms of employee disabilities as mandated by the Rehabilitation Act. The latter was enacted in 1973 and it prohibited discrimination in programs initiated by federal agencies, in federal employments and those programs receiving funding from federal governments. Particularly Section 504 of the Rehabilitation Act established the non-discrimination in the hiring and promotion of the handicapped. 

Question 7 

The Employee Retirement Income Security Act enacted in 1974 was primary intended to safeguard the interests of employees previously enrolled in benefit plans and to make sure that employees are given group sponsored welfare payments and pensions as assured by their employers (Miller,Lavenberg & MacKay, 2014).The legislation was important because as a federal law it aids in the regulation of private entities offering the retirement and health plans as well guaranteeing the security of individual assets. For instance, the act requires plan sponsors to disclose and give financial records of participants and beneficiaries as well sanctioning sponsors who breach their mandated duties. 

Question 8 

The Immigration Reform and Control Act prohibited the hiring of unauthorized persons contrary to which employers risked facing stature related penalties. Prior to the amendment of this Act employers capitalized on cheap labor from the large numbers of illegal immigrants at the expense of qualified American residents (Fallon & McConnell, 2014).Therefore, besides controlling the immigration surge, the act primarily imposed remarkable penalties on businesses that hired unauthorized individuals including the withdrawal of operation permits. 

Question 9 

As stipulated in the Employee Polygraph Protection Act, employers are prohibited from coercing employees or job applicants to take polygraph tests. However, with the exception of institutions that produce and distribute substances, polygraph tests can routinely be used by healthcare employers (Fallon & McConnell, 2014). For example, healthcare employers in the pharmaceutical sector are legally permitted to using the polygraph test as requirement in the recruitment of job applicants for pharmaceutical manufacturing related tasks. Besides, if medical error reports related to inaccurate drug prescriptions and dispensing indicates the possibility of negligence and foul play without those concerned claiming responsibility, the health care employer is legally permitted to incorporate the polygraph test in ascertaining the truth. 

Question 10 

Employees on leaves meant for certain medical or family reasons enjoy the benefits of job protection by the Family and medical Leave Act which also entitles them continued coverage of their group health insurance (Fallon & McConnell, 2014). With the requirement of job protection, supervisors are faced with the challenge of hiring temporary workers to fill such gaps. Also, the continuation of health insurance coverage imposes significant monetary effect on organizations. Consequently, the financial implications and resource mobilization for covers ups inflicts substantial administrative burdens on the affected supervisors. 

References 

Cavico, F. J., & Mujtaba, B. G. (2016). The bona fide occupational qualification (BFOQ) defense in employment discrimination: A narrow and limited justification exception.  Journal of Business Studies Quarterly ,  7 (4), 15. 

Delp, L., Mojtahedi, Z., Sheikh, H., & Lemus, J. (2014). A Legacy of Struggle: The OSHA Ergonomics Standard and Beyond, Part I.  NEW SOLUTIONS: A Journal of Environmental and Occupational Health Policy ,  24 (3), 365-389. 

Fallon, F. & McConnell, C. (2014).Human Resource Management in Health Care Principles and practice. Jones & Barttlet Learning 

Hersch, J., & Shinall, J. B. (2015). Fifty years later: The legacy of the Civil Rights Act of 1964.  Journal of Policy Analysis and Management ,  34 (2), 424-456 

Miller, R. J., Lavenberg, R. A., & MacKay, I. A. (2014). ERISA: 40 Years Later: The Landscape of Retirement Security Has Changed Dramatically since ERISA Was Enacted 40 Years Ago, as the Three-Legged Stool of Pensions, Savings, and Social Security Has Broken Down.  Journal of Accountancy ,  218 (3), 86.