Grand Canyon University Employment Law Scenario Analysis Paper

Write a 750-1,000 word paper in which you review public policy and how it affects employment. Address the following scenarios:

Scenario 1: Nurse Deb was due for her annual flu vaccination as mandated by her hospital’s policy. Nurse Deb is a big supporter of the antivaccination movement and refused to obtain her annual flu vaccination. Upon notice that nurse Deb did not obtain the vaccination, the nurse manager fired Nurse Deb. Nurse Deb has decide to file a wrongful termination suit. As the director of nursing, how would you handle this situation?

  1. What evidence does Nurse Deb have that could help her win the case?
  2. What law protects the hospital’s mandated vaccination procedures?
  3. How concerned should the hospital be if the lawsuit is a success?
  4. If the lawsuit is a success, how does this impact workplace safety and the obligation of the health care facility to provide protection?

Scenario 2: Joe Gomez worked as a plant operations specialist at Premier Hospital. While Joe’s manager was working on the HVAC system that protects patients from harmful viruses and bacteria, he noticed that he was not using OSHA-approved filters. Joe felt that it was important to report this to the compliance officer. The day following his report, Joe was fired by his manager. As the CEO of Premier Hospital, how would you handle the situation?

  1. How concerned should you be about the termination of Joe?
  2. What legal principles are involved and how do they reinforce workplace safety?
  3. If Joe was a member of the local employee services union, does this make the termination different?

Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center.

This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.

Legal and Ethical Issues for Health Professionals

Pozgar, G. D. (2020). Legal and ethical issues for health professionals (5th ed.). Burlington, MA: Jones and Bartlett Learning. ISBN-13: 9781284144185

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Introduction:

As a medical professor, it is important to have an understanding of public policy and how it affects healthcare employment. In this paper, we review two scenarios involving legal and ethical issues in healthcare employment and explore how they impact workplace safety and healthcare provider obligations. We will also look at the principles involved in workplace safety and the laws that protect healthcare facilities in these situations.

Scenario 1:

Nurse Deb was fired from her job after refusing to obtain her annual flu vaccination as mandated by her hospital’s policy. She believes that she was wrongfully terminated and is filing a lawsuit. As the director of nursing, the following are ways to handle this situation:

1. Nurse Deb’s evidence: Nurse Deb may not have any evidence to support her case as medical facilities are allowed to require their staff to receive vaccinations. However, if Nurse Deb has legitimate medical reasons as to why she cannot receive the flu vaccine, then that may act as evidence in her favor.

2. Law that protects hospital’s vaccine procedure: The legal principle involved is that of the employer’s right to institute policies and rules to ensure a safe work environment for employees and patients. The Occupational Safety and Health Administration (OSHA) regulations and the Centers for Disease Control and Prevention (CDC) guidelines require healthcare employees to receive certain vaccinations to protect themselves and their patients.

3. Hospital concerns: If the lawsuit is a success, there may be concerns regarding the hospital’s obligation to ensure that its employees are safe from infectious diseases. The hospital may also have to reconsider its vaccine policy and find alternative ways to protect its employees and patients from the flu.

4. Impact on workplace safety: If the lawsuit is a success, then it may impact workplace safety as it may negatively affect the hospital’s ability to institute and enforce policies and procedures that protect employees and patients. It may also lead to confusion among staff regarding the requirements and obligations of the healthcare facility to provide protection.

Scenario 2:

Joe Gomez was fired from his job as a plant operations specialist at Premier Hospital after reporting that his manager was not using OSHA-approved filters while working on the HVAC system. As the CEO of Premier Hospital, the following are ways to handle this situation:

1. Concerns about Joe’s termination: Joe’s termination raises concerns about whistleblower protection and employee safety. Employers should not terminate employees for reporting incidents related to workplace safety.

2. Legal principles involved: The legal principles involved in this scenario are those related to the Occupational Safety and Health Act (OSHA) and the National Labor Relations Act (NLRA). The OSHA protects workers in the private sector from retaliation when reporting workplace safety violations. The NLRA protects union members from employer retaliation as well.

3. Impact of union membership: If Joe was a member of the local employee services union, then it would make the termination different. The union would represent Joe and would fight against his wrongful termination. If there was no union involved, the employee would have to fight for himself, which can be more difficult.

Conclusion:

Public policy has a significant impact on healthcare employment. Employers should comply with laws and regulations that protect their workers. This paper has discussed two scenarios related to healthcare employment and how to handle them ethically and legally while upholding workplace safety and provider obligations. The principles involved in workplace safety and legal protection should be followed to achieve and maintain a safe and healthy work environment.

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