The Impaired Employee and Liability
Identify and explain at least three ethical considerations. I believe that the first ethical consideration is the fact that the potential employee was upfront in revealing that he had a degenerative progressive condition that could result in a disability. He did not have to bring this to our attention and his physicians are not even able to predict when the disabling condition will appear or if it will appear at all. The candidate was demonstrating his own highly ethical behavior which is ultimately what we are looking for in an employee. The second ethical consideration is that we are responsible for displaying the same kind of ethical behavior we expect from our employees. The basis
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The second legal consideration could be that the screening committee shared confidential information about the candidate without his knowledge. The physicians of the candidate did not even know whether or not the disability would occur or to what extent so there was no reason to share this information with anyone else. The last legal consideration is the liability that could come with hiring this candidate. Healthcare organizations have a corporate responsibility to exercise reasonable care in selecting and retaining employees (Showalter, 2008, pg. 137). If the Health Service organization were to hire this candidate knowing he could possibly become disabled and then get hurt on the job because the facility did not properly accommodate his disability then they would be liable for any injuries that the employee might incur while on the job.
Identify and explain at least three Business considerations. One business consideration is what the candidate could potentially bring to the business. His skills and qualifications ranked him as the number one candidate which would make him an asset to the company. The possibility of the candidate costing the company money is a vague at best but the potential good he could do the company is set forth in his qualifications. Another business consideration would be the cost to the company if the candidate were hired and did end up with
The Americans with Disabilities Act (ADA) “prohibits discriminating against an individual in the selection process” (Moran, 2014, p. 32) due to a potential disability. A disability can be defined as a mental or physical condition that can result in some sort of handicap. As a result, the employer may be required to accommodate the people who are considered as disabled, to help them perform his or her job duties.
Shadow charts were developed to gather data and information for additional departments and medical personnel that need access to part of a patient’s file or records. The original records should always remain in the patient’s primary chart allow copies may be available to ancillary departments that may need access to the information. The same level of confidentiality and security applies to the shadow charts. They must be in a secure location with access by authorized personnel only. Additional information that should be included in shadow charts is a formal recording process to document those who access the information. Furthermore, a consistent system of upgrading the
My reason for saying that is there is really no indication as to how qualified the applicant was for the actual job. A question that immediately came in to my mind was if the applicant was a good fit for the job? If she did not need the modifications in the office would she be hired? Were there more qualified applicants? I know this scenario was put in place to display and make us students analyze the Americans with Disabilities Act of 1990 but personally just because you have a disability does not mean you should be granted a job and vice versa. Honestly this is a very broad scenario that focuses on the handicap and not the actual talents of the person.
Business has rules for just about everything important things like capital expenditures, accounting, and product design and testing. When to come to work, there aren't any rules for what's supposedly the most important thing a company needs to do hire and retain top talent. Not all selection predictors are of equal importance to an organization. Some methods may prove to be more valid and reliable in one organization and not as valid and reliable in anot
People with disabilities have become an integral part of the workforce. The ADA forbids discrimination against people with disabilities when recruiting, hiring, training, and compensating employees (Sotoa & Kleiner, 2013). The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental and establishes requirements for telecommunications relay services (activities (Stryker, R. (2013). Employers are not allowed to ask employees if they have a disability. The employers are not allowed to ask employees with disabilities to undergo a medical exam before an offer of employment unless all applicants are required to take the same exam (Kaye, Jans, & Jones,
2) a. In the workplace everyone should have equal opportunity to advance in their line of work. Employers should not discriminate anyone who tries for the job. In this case, the veteran wants to apply for a supervisory position. With the details about him suffering from back pain do to his Vietnam conflict experiences, employers most likely would not promote him. However, under the Americans with Disabilities Act, employers are not allowed to discriminate anyone based on a disability. So in this case, employers have to see past the disability and focus on his credentials and skills.
Everyday individuals are faced with issues associated with ethical dilemmas. Ethical dilemmas involve an individual’s behavior toward a moral standard, which may have been established from previous generations and passed along. In upholding the standards taught individual may be forced to take a particular action involving a decision when a behavior is considered non-ethical is when an ethical dilemma occurs. It can become difficult at times in making the correct decisions or solutions to the situation, which is why a code of ethics is established in the workplace. The code of ethics in the
to watch over this person for a while. What should be happening is what ever
Over the years, the workplace has experienced several instances of discrimination. In attempt to stop the discrimination, Title VII was passed. Although Title VII helped employers in terms of race, color, gender, religion and national origin, those who had disabilities continued to face the frustration of disability barriers in the workplace, given disability was not one of the listed protected classes. Employers abstained from hiring the disabled in fear of them not being able to perform at the same level as the other employees or the attitudes of such employees towards the disabled workers. Of course, there was some legal protection against discrimination: The Vocational Rehabilitation Act of 1973, but this law only applied to employees
2) This company will not discriminate in hiring practices or procedures based on physical deformity, physical limitation, or mental/ physical defect, unless the position is such that the posted position requires levels of mental and/or physical fitness that cannot be adaptable with modalities to enhance those applicants to fit the posted health and fitness requirements specific to the job.
as the only way to access whether a person is suitable for the job is
One of the most crucial elements of a successful or productive organization is an effective employee selection process. The significance of this process emanates from the fact that how workers carry out their jobs plays a crucial role in determining the level and extent of success of an organization. Due to the significance of an employee selection process, organizations draw candidates for open positions from the labor market. Actually, top-performing or successful organizations draw candidates from approximately 60 percent of the labor market. This trend includes sourcing for passive candidates who would prefer to remain contented with their present job. Moreover, organizations will relatively low or poor performance draws candidates from nearly 40 percent of the labor market and active workforce. An example of a top-performing organization that draws candidates from the labor market is Wal-Mart. The labor market plays a crucial role in employee selection with regards to having a population with the necessary qualifications for working in various organizations.
Selecting the right employee to fill a position is one of the most challenging decision making processes a company has to make. The ultimate goal of employee selection is to hire the candidate who is most compatible not only with the organization but for the position that they are trying to fill. In order for the candidate to be successful in a particular position, their talents and personal goals must be taken into consideration and objectives need to be utilized in order to retain qualified individuals. The most common forms of selection methods are resumes and applications but testing, interviews, reference checks, honesty tests, medical exam and drug
In relation to the situation, the following data is also pertinent: “Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.
In this kind of business, there are benefits and challenges of attracting a diverse pool of potential candidates. To start with the benefits, a diverse pool of candidates will give me a wide opportunity for staff to pick from and also