Nursing Chapter 12 Homework Concepts For Lecture Title Vii The 1964

Chapter 12: Legal Issues in the Workplace

Learning Outcome 1

Concepts for Lecture

1. Legal issues impact every aspect of health care delivery, and nurse administrators and

managers need to be familiar with the laws and legislation related to nursing practice,

2. Awareness and understanding of legal issues are imperative for a number of reasons:

a. Currently, the health care environment is changing and increasing in complexity;

rising health care costs have resulted in the managed care environment.

b. Dissatisfied RNs due to workplace issues, such as adequate staffing and mandatory

PowerPoint Slides

1. Legal issues

• Impact every aspect of health care delivery.

• Federal and state laws influence how health care is given and reimbursed.

• Administrators and managers need to be familiar with laws and legislation related

to:

o Nursing practice;

2. Reasons for becoming familiar with legal workplace issues

• Health care environment is changing and increasing in complexity.

o Rising costs result in managed care environment.

Suggestions for Classroom Activities

• Secure a copy of your school’s indemnity for student practice. Have students analyze it

and describe their obligations in order to be covered by it. Is a student who deliberately

fails to prepare for clinical practice covered if a patient is injured or harmed because of

the neglect in preparation? What is the instructor’s responsibility for knowing the

students’ level of competency for caregiving?

Have small-group, student-directed discussion centering around some of these

Learning Outcome 2

Concepts for Lecture

1. The Fair Labor Standard Act (also known as the Federal Wage and Hour Law) regulates

minimum wages, overtime, equal pay, record keeping, and child labor. Mandatory

2. Equal Employment Opportunity (EEO) laws resulted from years of racial discrimination,

and have since been expanded by the federal government, prohibiting discrimination on

3. The Family and Medical Leave Act (FMLA) of 1993 requires employers with fifty or

4. Under FMLA, the employee has the right to return from leave to the same or equivalent

position, and take leave on an intermittent or reduced-time strategy if medically

5. Labor-management laws include legislation about unions, collective bargaining, and

strikes. The National Labor Relations Act (Wagner Act) of 1935 governs collective

bargaining between employee groups (unions) and their managers or employees, but has

PowerPoint Slides

1. The Fair Labor Standard Act (Federal Wage and Hour Law)

• Regulates minimum wage, overtime, equal pay, record keeping, and child labor.

2. Equal Employment Opportunity (EEO) laws

• Resulted from years of racial discrimination.

• Expanded by federal government by prohibiting discrimination on basis of:

3. Family and Medical Leave Act (FMLA) of 1993

• Requires employers with 50+ workers to provide up to 12 weeks/year of unpaid,

job-protected leave.

4. FMLA employee and employer rights

• Employee has right to:

o Return from leave to the same or equivalent position; and

o Take leave on an intermittent or reduced-time strategy if needed for

5. Labor-management laws

• Include legislation about unions, collective bargaining, and strikes.

• The National Labor Relations Act (NLRA), or Wagner Act, of 1935

o Governs collective bargaining.

Suggestions for Classroom Activities

• As a homework assignment, ask groups of students to create scenarios including correct

Reference

• O’Keefe, M.E. (2001). Nursing practice and the law. Philadelphia: F.A. Davis.

• Flarey, D.L., Yoder, S.K., and Barabas, M.C. (1992). Collaboration in labor relations: A

Learning Outcome 3

Concepts for Lecture

1. Title VII of the 1964 Civil Rights Act protects people from discrimination based on race,

national origin, sex, color, and religion. It prohibits discrimination based on factors

3. The Pregnancy Discrimination Act of 1978 prohibits sex discrimination against women

4. People with physical or mental disabilities were integrated into the mainstream workforce

by the Americans with Disabilities Act (ADA) in 1990. It went into effect in 1992, and

5. The Equal Employment Opportunity Commission (EEOC) established guidelines for

sexual harassment in 1980, and although they do not have the force of law, the courts

generally rely on them. Sexual harassment is defined accordingly by the EEOC:

PowerPoint Slides

1. Title VII of the 1964 Civil Rights Act

• Protects from discrimination based on race, national origin, sex, color, and

2. Age discrimination

3. The Pregnancy Discrimination Act of 1978

4. Physical or mental disabilities discrimination

• Americans with Disabilities Act (ADA) in 1990

5. Sexual harassment

• Guidelines established by the Equal Employment Opportunity Commission

(EEOC) in 1980

• Defined as unwelcome sexual advances, requests for sexual favors, and other

verbal or physical conduct of a sexual nature when:

o Submission to such conduct is made explicitly or implicitly a term or

Case Study: Sexual Harassment

Case Study: Physical Abuse

Case Study: Hostile Environment

Suggestions for Classroom Activities

• Split the class into five groups and assign each group a corresponding form of

discrimination. Ask each group to come up with a short skit enacting discrimination in

the workplace based on its assigned form of discrimination. Then, at the end of each

skit, have the other students guess what type of discrimination the group just acted out.

Reference

• Age Discrimination Act (1976). 29 U.S.C. 621.

• Immigration Reform and Control Act. Retrieved from the World Wide Web:

Learning Outcome 4

Analyze the elements of collective bargaining.

Concepts for Lecture

1. Collective bargaining includes the activities occurring between labor and management

that concern employee relations, such as negotiation of formal labor agreements and day-

2. The nurse manager should know the four parts of the NLRA: Section 7, Section 8A, the

3. Section 8A indentifies five categories of unfair labor practices that restrict employee

rights:

a. Interference with right to organize

4. According to the NLRA terms, supervisors are excluded from coverage, and so have no

right to organize or engage in collective bargaining. The NLRA defines “supervisor” as:

PowerPoint Slides

1. Collective bargaining

• Activities between labor and management concerning employee relations, such as

negotiation of formal labor agreements and day-to-day interactions

• Initially, NLRA only recognized three bargaining units:

2. Four parts of the NRLA every nurse manager should know

• Section 7

3. Sections 7 and 8A

• Section 7: Employees have right to organize, but rights of those refraining are

protected.

• Section 8A identifies five categories of unfair labor practice restricting employee

rights:

o Interference with right to organize

4. Definition of supervisor

• Supervisors are excluded from coverage, and have no right to organize or engage

in collective bargaining.

• NRLA definition:

o Any individual having authority, in the interest of the employer, to hire,

Suggestions for Classroom Activities

• Have an in-class discussion about the history and effectiveness of collective bargaining.

What are the pros and cons of collective bargaining? Is collective bargaining

Reference

• Gilmore-Hall, A. (2001). All for one and one for all: Using state legislation to secure

federal protections. American Journal of Nursing, 101(3), 59–60, 62.

GENERAL CHAPTER CONSIDERATIONS

1. Have students study and learn key terms listed at the beginning of the chapter.

2. Have students complete end-of-chapter exercises either in their book or on the MyNursingKit

Web site.

MYNURSINGKIT

(www.mynursingkit.com)

• Web sites