OSE_1310_part1_Layout 1 10/7/13 10:02 AM Page 24
LEGAL UPDATE
to an arrest record might in some situations be viewed as racial discrimination. Soliciting information that directly or indirectly suggests an
applicant's gender, race, national or ethnic origin, disability, religion or
other protected classification can also be legally actionable. Be aware
of such off-limits questions and details before filling your next job opening.
Responding to employee
complaints. Surgery's a high-pressure job. It's not uncommon to
witness flaring tempers, raised voices or obscene language. Such an
environment is ripe for employee complaints. You can be held liable
for failing to properly respond to reports of alleged harassment.
Additionally, complaints about patient care, workplace safety or
wage-and-hour law violations may trigger legal obligations under federal and state whistleblower laws. Take your staff's complaints seriously by investigating and, where necessary, applying remedial action.
3
Medical/disability leaves of absence. The federal Family Medical
Leave Act provides eligible employees with 12 weeks of leave in
a 12-month period for childbirth or personal and family medical care.
It applies if you have 50 or more employees. Even if the FMLA doesn't
apply, you may be obligated to provide medical leave under other federal or state laws. The federal Americans with Disabilities Act, for
example, may allow a leave and applies if you have 15 or more
employees. Don't rush to terminate an employee who is unable to
work for medical reasons. Evaluate each situation and determine if
you must offer leave time.
4
5
2 4
Terminating "at-will" employees. You're probably familiar with the
concept of "at-will" employment. But you should also know that
O U T PAT I E N T S U R G E R Y M A G A Z I N E O N L I N E | O C T O B E R 2013