IHP-420-X3057 Ethical & Legal Considerations 24EW3 5-1 discussion response to peer #1
THE DISCUSSION WAS:
In this discussion, you get to be the lawyer. Choose one of the two case scenarios listed below. Then pick a side. Decide whether you want to represent the employee alleging discrimination (the plaintiff) or the hospital defending the claim (the defendant).
Case Scenarios:
Case 1: Read “The Case of Janet K. and Epilepsy” found on p. 177 of the textbook. Assume for the purposes of this question that Janet has consulted an attorney to see what her rights are and what her options might be for bringing a claim against the hospital.
Case 2: A management position has opened up due to a recent retirement in the medical staff office at the local hospital where you work. You and your pregnant coworker Melissa are talking about it at lunch one day. Melissa is very excited because she has been told several times by different senior managers that the next management position available would be hers.
The next day, however, it is announced that a male coworker with less experience, education, and time on the job was offered the position. Melissa feels very strongly that it is because she is pregnant and going on maternity leave in two months. Melissa has an impeccable performance record throughout her employment at the hospital, and other than two weeks of doctor-ordered bed rest for gestational diabetes, she has not missed a day of work during her pregnancy. She has consulted an attorney to see what her rights are and whether there is any action that can be taken against the hospital.
In your initial post, set out the facts, the specific law or laws supporting your client’s position, and what your client wants to resolve the situation (for example, a request for a formal investigation, the offer of a promotion, or dropping the claim).
BUT NOW WE HAVE TO:
In your responses to your peers, represent the opposing side in the scenario selected. Remember to stick to the facts and to avoid making assumptions or generalizations. All sources, including course materials, must be cited according to the most recent APA style.
I WILL PUT MY DISCUSSION IN THE FILES. I ALSO PICKED CASE 2
PEER SAID:
Case 2
In this case, I would be Melissa’s attorney (plaintiff), who is alleged to have suffered discrimination. The facts are clear: Immediately after an honest disclosure of her being pregnant and taking maternity leave, Melissa learns that a male coworker with lower qualifications in comparison to hers is appointed for this managerial position. This creates issues of possible gender discrimination, a violation of Title VII under the Civil Rights Act of 1964 in America.
Title VII prohibits discrimination due to sex, which includes pregnancy-related discrimination (U.S. Equal Employment Opportunity Commission, n.d). The fact that Melissa gets a letter of termination is consistent with the PDA, which was added to Title VII and specifies that it protects women from discrimination during pregnancy, childbirth, or related medical conditions (U.S. Equal Employment Opportunity Commission, n.d). Considering Melissa’s performance and her sudden departure from earlier promises about management positions, there is a legitimate basis to assert that her pregnancy influenced the decision, which violated the principle of fair treatment.
For Melissa, a resolution that she pursues through the courts may be obtained. This may include an official vindication of the selection process, egalitarian opportunities, and possible solutions, including perhaps a reconsideration of the management position or penalizing the conductor for questionable actions.
References:
U.S. Equal Employment Opportunity Commission. (n.d.). Pregnancy Discrimination. https://www.eeoc.gov/pregnancy-discrimination
U.S. Equal Employment Opportunity Commission. (n.d.). The Pregnancy Discrimination Act of 1978. https://www.eeoc.gov/laws/statutes/pregnancy.cfm
Required Resources
Textbook: Medical Law and Ethics, Chapters 4 and 8
Chapter 4 guiding questions:
1. What are the main types of medical practice?
2. What are the three categories of licensed nurses? Can you describe their educational requirements?
3. What are the five categories of certified healthcare professionals?
4. ,What are the differences between HMOs, PPOs, and EPOs?
Chapter 8 guiding questions:
1. What are the regulations concerning equal employment opportunity and employment discrimination?
2. What are the regulations affecting employee health, safety, compensation, and benefits?
3. What are some important things to consider during interviewing?
https://ezproxy.snhu.edu/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=cmedm&AN=36547724&site=eds-live&scope=site
Review this Shapiro Library article to understand the United States’ patchwork system of health insurance coverage, in which people’s access to coverage and services varies with their birthplace, age, job, income, location, and health status.
(29:18)
Watch this video to explore public health ethics in terms of bioethics, human rights, justice, and moral responsibility.
A video transcript is available:
https://learn.snhu.edu/content/enforced/1465657-IHP-420-X3057-OL-TRAD-UG.24EW3/Course%20Documents/IHP%20420%20Transcript%20for%20Public%20Health%20Ethics.%20Thinking%20about%20bioethics%2c%20human%20rights%2c%20justice%20and%20moral%20responsibility.docx?isCourseFile=true&ou=1465657
Additional Support (Optional):
Textbook: Medical Law and Ethics, Chapter 7
This chapter covers public duties among health care professionals.
https://www.osha.gov/dsg/hospitals/
This OSHA website includes many resources that highlight worker safety in hospitals. In the second paragraph, click “Download the overview” to read about how workers are your best asset when they are well protected.
http://www.cms.gov/Medicare/Medicare-General-Information/MedicareGenInfo/index.html
Review this website from the Centers for Medicare and Medicaid Services.
https://www.medicaid.gov/medicaid/by-state/by-state.html
Use the drop-down menu to search by state for information on Medicaid eligibility levels, enrollment data, delivery systems, and more.
You should use at least one scholarly or professional source other than the textbook. All sources, including course materials, must be cited according to APA style.
NEEDED BY SUNDAY AFTERNOON DONT FORGET I PUT MY DISCUSSION IN THE FILES IF THAT HELPS
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