pharm admin - exam 1 - HR management part 2 and work place issues Flashcards
Federal Employment Laws
Do not just apply to the recruiting and hiring functions of the manager
Come into play in disciplinary activities, performance evaluations, promotions, and compensation - would happen if going through evaluations and it was noted that women in middle age received less $ than men in the same age group
Federal Employment Laws
Title VII of the Civil Rights Act of 1964
- Prohibits discrimination on the basis of race (skin color, hair texture, facial features) and conditions that predominantly affect one race (sickle cell disease) unless the practice is job-related
Equal Employment Opportunity Commission (EEOC) enforces federal prohibition of discrimination based on national origin
Includes
- Accent discrimination
- Discrimination based on English fluency
- English-only rules being adopted only if needed to promote the safe or efficient operation of the employer’s business
- Coverage for foreign nationals (prohibits discrimination related to citizenship)
Federal Employment Laws
Title VII
- Prohibits religious discrimination in hiring, firing, and all terms and conditions of employment
- Also requires employers to make reasonable accommodations for the religious practices of an employee unless doing so would create an undue hardship for the business
- Reasonable accommodations – flexible scheduling, voluntary substitutions or swaps, job reassignments, lateral transfers
- Undue hardship – Occurs when accommodation of an employee’s religious practices results in additional administrative costs, diminished efficiency, infringement on rights or benefits of co-workers, impairment of workplace safety, infringement on the job rights or benefits of others, and/or conflicts with another law or regulation
Federal Employment Laws
Title VII also prohibits
- Pregnancy discrimination
- Sex discrimination
- Sexual harassment
Sexual Harassment in the Workplace
Two types
- Quid pro quo (I’ll do for you what you can do for me…so if you do something then you do not have to work the weekends) and hostile work environment
Includes
- Unwelcome sexual advances
- Requests for sexual favors
- Verbal or physical conduct of a sexual nature
Exists when these behaviors interfere with an individual’s work performance or create an intimidating, hostile, or offensive work environment.
Sexual Harassment in the Workplace
The victim or harasser may be of any sex or sexual preference
The victim or harasser may be a supervisor, coworker, or nonemployee (vendor or patient)
The victim does not have to be the subject of the harassment but is affected by the offensive conduct
The harasser’s conduct must be unwelcome
Sexual Harassment in the Workplace
The manager’s role:
Educate staff
Prevention
Respond immediately
Involvement of HR department
Ensure no retaliation occurs - no negative impact on me for reporting
The Age Discrimination in Employment Act (ADEA)
Forbids age discrimination only against people who are age 40 or older
Some states have laws protecting younger workers
The role of the pharmacy manager
- Ensure promotion, scheduling, and all other decisions are based on
Productivity
Professionalism
Education
Experience
The Equal Pay Act (EPA)
Requires that men and women in the same workplace in the same position be given equal compensation for equal work
Job content determines whether jobs are considered equal, not job titles
All forms of compensation are considered under this act
The Americans with Disabilities Act (ADA)
Prohibits discrimination against qualified individuals with disabilities in the application, hiring, firing, advancement, compensation, training, and all privileges of employment
Requires reasonable accommodations for the disabled employee
- Making facilities readily accessible and usable
- Job restructuring, modified work schedules
- Modified equipment, devices, examinations, training materials, policies
- Qualified readers or interpreters
The Americans with Disabilities Act
Role of the manager
- Ensure discrimination does not occur
- Ensure accommodations are appropriate and requests for accommodations are kept confidential
- Ensure that any medical information learned about an applicant or employee is kept confidential
Employees and applicants currently engaging in the use of illegal drugs are not covered by the ADA
Drug Testing in the Workplace
The Fourth Amendment to the United States Constitution protects citizens against unreasonable searches and seizures
Employers are allowed to require and conduct drug testing as a requirement of employment
Usually conducted by an outside employee health service
Policies and procedures need to exist identifying who and when drug testing will occur
The pharmacy manager must ensure that drug testing is not discriminatory
Robbery, Burglary and Theft
The manager’s role:
Ensure training of all staff on the appropriate response
- Avoiding false imprisonment
- What to do during a robbery
- What to do upon discovering a burglary
- What to do is shoplifting is taking place
Optimally arrange pharmacy to avoid robbery
Optimize available surveillance and alarm systems
Intergenerational Dynamics in the Workplace
The manager’s role:
- Acknowledge the challenge
- Routine staff and one-on-one meetings
- Maintain open communication channels
- Address issues as they arise
- Don’t ignore this as a workplace issue
Work Safety Issues
The Occupational Safety and Health Administration (OSHA)
- Established the federal government’s role in creating and enforcing safety and health standards in the workplace
- Requires employers to provide a work environment free of recognized hazards
The National Institute for Occupational Safety and Health (NIOSH)
- Conducts research on criteria for specific functions and occupations
- Published safety and health standards for the workplace
Manager’s role – to ensure compliance with all standards and to educate staff on their roles and responsibilities
