Employment Laws

Employment Laws

Laws That Need To Be Observed

Some of the laws that ought to be closely monitored in my organization include Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin. This is so because I believe that every person is equal and they have similar abilities to make this organization to achieve according to its strategic mission (Referenceforbusiness.com, 2011). It is also important to consider every application according to qualifications and abilities and not to discriminate in any way. Apart from this law, it is also important for this organization to put into great emphasis the observation the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination. It is the right of all employees to be paid equal wages basing on the amount of work that they will have done, as well as qualifications. It is not proper for men to be given more than women, and also its not proper for women to be given more than men, if the amount of work, job group or qualifications are the same.

Another employment law that this organization should pay attention to is the Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), which prohibits employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments. This organization goes with the saying that disability is not inability and everybody should be given the opportunity to work in any organization. Another law that my organization makes sure that it is adhered to is the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination (Dicarlolaw, 2012). The main purpose for having such a law is to make sure that every employee is entitled to compensation in case of any damage. It should be done without any aspect of favoritism.

Job Description Sample Description

Admissions manager

Purpose

The main purpose of the admissions manager will be to admit patients through effective management of the admission process. Other responsibilities will include provide information in regard to revenue information as well as commentary, identify trends in admissions, provide admission function interface within the hospital, control financial reimbursements and other important supporting systems.

Duties and Responsibilities

Makes sure that the objectives of human resources are met through, recruiting, selecting, orienting, training, assigning, scheduling, coaching, counseling, and disciplining employees. Other functions include communicating expectations of the job, planning and monitoring several aspects within the facility, as well as reviewing compensation actions, and most importantly enforce policies and procedures within the hospital (About.com, 2012).

Another responsibility of the admissions manager will be to achieve admissions operational objectives. This will involve contributing information as well as analysis to some important strategic plans and reviews that the facility will be having in mind. Also on top of that will be to prepare and complete action plans, implement production, productivity quality and most importantly customer service. The admissions manager wil also be responsible for identifying and offering solutions to problems and any issues within the facility, complete audits, determine any system improvements and implement any proposed changes.

The admissions manager will be required to meet the admissions financial objectives by making accurate financial estimates, prepare the needed budget annually, schedule expenditures, analyze variances as well implement any corrective measures that need to be taken. It is also important to note that he or she will responsible for maximizing revenues by providing important information as well as commentary that is pertinent to administrative deliberations both on short-term and long-range patient-pay and third-party reimbursement issues; recommending options; implementing revenue-generating programs.

Some other important aspects in regard to responsibilities will include identifying pertinent admitting trends by maintaining various categories of utilization of the statistical data within all the internal reporting systems. The manager will also be responsible for keeping patients, visitors, and admitting staff informed through interpreting and communicating admitting rules, policies, regulations, and procedures.

Skills and Qualifications

Some of the skills that will be required for this position include qualifications in healthcare administration, patient services, FDA Health regulations, health promotion and maintenance, hospital environment, foster teamwork, managing processes, staffing, and verbal communication. Other qualifications will include employee safety, welfare health and wellness, employee guiding and counseling, organization development, departmental staffing and any other essential qualification essential for a healthcare institution.

In order to be able to minimize on claims against issues of the job performed not being listed in the description, it is important to have a section in the job description to sate, “And Other Duties as Assigned”. If employees are compelled to perform tasks that they have not been outlined in the job description, they might find grounds where they could file for litigation against the company/organization. This can be considered to be unfair work practices.

Steps Take To Reduce Litigation

Human resource managers have the ability to be able to avoid any cases of litigation in the organization resulting from potential hires in the company. It is important for them to be sure of all laws and regulation that surround the workplace.  We should note that today, many lawsuits that are filed in regard to work malpractices result from cases of discrimination at the workplace. To avoid some of these cases, it is important for human resources to make an effort to study all the rights of employees and any legality surrounding their stay at the institution. It is a requirement that these laws should be adhered to the latter (Paul and John, 2012).

To be able to do this, it is important for the human resources to constantly and regularly review areas that are affected by these cases. They should involve members in those areas in suggesting recommendations and should also involve them in decision making process. This is important in making sure that all the interests have been represented. It is also important for the human resources to implement those practices that are designed to motivate employees, and to make the case against the organization untriable (Paul and John, 2012). This can be done by establishing and documenting the defenses.

Some of the areas that need close attention are age discrimination and disability. It is important to realize that everyone has a right to equal opportunity provide they have the required qualification as well as experience that is needed.  Ongoing training ought to be given to those individuals who conduct initial interviews, or are involved in the entire hiring process. This Is to make sure that the entire process is carried is carried out with the professionalism that is required. It is also in a bid to make sure that the entire process is made transparent and is fair to everyone. It helps to make sure that everyone is satisfied with the ultimate decision whether selected or not. The guidelines of the questions to be asked during the interview process should be clear and standard. Candidates should understand clearly what is required of them. Deviation from the main issues to be addressed could also put the organization in a vulnerable state. It is also important for the human resources to have a list of those questions that are not allowed (Paul and John, 2012). For instance: Are you married, do you have children, and what are your religious and political beliefs.

Steps To Be Taken To Protect the Organization from Possible Litigation

An individual who has been employed by a company for a long period of time is able to sue the company in case of termination. In order to be able to avoid litigation at the time of termination, it is important for the human resources department to avoid any cases of procrastination, and should conduct an exit interview.

Procrastination can cause some kind of a buildup of resentment. The court will consider the longetivity of as a factor, and that can be used as basis needed to find the breach of the contract implied. The problem of procrastination is that there is a greater risk of making an error and the prolonging of the inevitable can carry possible risks of enhanced damages for emotional distress. Typically an employee should terminate a contract within the period of probation. It is also important to have a time frame to do all the necessary performance evaluation before settling on a particular decision.

Conducting a staff exit interview is very important, and it should be a requirement anytime an employee wants to leave the organization. Sometimes they can be dangerous in some circumstances. This calls for managers to be very keen on what to discuss on what they will say during the entire process (Paul and John, 2012). It is also important to have more than one manager during the conduction of the process, for the sake of any confusion and in case there are any differences to settle.

The following is a guideline of the interview process

1.      Inform the employee to depart that a decision has been made to terminate his employment because of unsatisfactory performance, failure to follow instructions, tardiness reduction in force, or any other specified reason.

2.      Remind the employee of any previous discussions on the subject concerning the reason for the contract being terminated

3.      Pay attention and listen to what the departing employee has to say, in case of any complaints

4.      Do not tell or suggest to the employee that he is dishonest or incompetent

5.      Do not promise the employee anything that cannot be fulfilled, for instance a good recommendation, or any help in helping him or her get another job.

6.      Do not provide a false reason concerning the termination of the contract, or deny the true reason for doing so.

References

About.com (2012) Sample Job Description (Detailed) Available At <http://humanresources.about.com/od/samplejobdescriptions/a/Human-Resources-Manager-Job-Description.html> [Accessed on January 31, 2013]

Dicarlolaw (2012) General Strategies For Avoiding Litigation Avaible At <http://www.dicarlolaw.com/ProtectYourBusinessText.html#GeneralLitigationStrategies> [accessed on January 31, 2013)

 Paul S., and John P. (2012).  Personnel Management: Managing Human Resources.  New York: Harper & Row.

Referenceforbusiness.com (2011) Human Resource Management Available at <http://www.referenceforbusiness.com/encyclopedia/Gov-Inc/Human-Resource-Management-HRM.html> [Accessed on January 31, 2013]