1. PHAR 746 Pharmacy Management Stacy Ramirez, Pharm.D. Clinical Assistant Professor Department of Pharmacy Practice

2. Goal Discuss key labor laws and acts Discuss key labor laws and acts Examine procedures to hire, train, promote, and terminate employees Examine procedures to hire, train, promote, and terminate employees

3. Health Care Workforce Changes AGE: Great depression/WWII era workers, Baby Boomers, Generation X and Generation Y all see the world from a different vantage point AGE: Great depression/WWII era workers, Baby Boomers, Generation X and Generation Y all see the world from a different vantage point RACE: Moving from a majority culture (1995), to diversity (2005), to multicultural (2025), particularly in the Southwest RACE: Moving from a majority culture (1995), to diversity (2005), to multicultural (2025), particularly in the Southwest

4. Health Care Workforce Changes GENDER: Dramatic expansion of career opportunities for women over the past 30 years, no longer restricted to nursing and teaching GENDER: Dramatic expansion of career opportunities for women over the past 30 years, no longer restricted to nursing and teaching

5. Human Resource Hiring, training, promoting, terminating Hiring, training, promoting, terminating Benefit Management Benefit Management –Health and Welfare –Retirement Plans –Leave of Absence –Disability / Liability Insurance Compensation Management Compensation Management –Salary Schedules –Competitor Analysis –Payroll

6. Human Resource Employee Relations Employee Relations –Grievance –Policy Interpretations –Records Union Relations Union Relations –Contract Negotiation –Contract Enforcement Succession Planning and Development Succession Planning and Development

7. Human Resource Policy development Policy development Organizational Structure Organizational Structure –Job Descriptions –Reporting Structure Equal Employment Opportunity Tracking Equal Employment Opportunity Tracking Recruiting Recruiting Risk Management Risk Management Law Enforcement Law Enforcement

8. Labor Laws Title VII - Equal Employment Opportunity (EEO) Part of The Civil right act of 1964 Part of The Civil right act of 1964 Sexual Harassment Sexual Harassment Hostile Work Environment Hostile Work Environment Race Discrimination Race Discrimination Religious Discrimination Religious Discrimination Equal pay act of 1963 Equal pay act of 1963 Age Discrimination in Employment Act of 1990 Age Discrimination in Employment Act of 1990

9. Labor Laws Equal Employment Opportunity Commission Prevention of Unlawful Employment Practice (Discrimination) Prevention of Unlawful Employment Practice (Discrimination) 5 members (<3 of the same political party) 5 members (<3 of the same political party) Appointed by the President Appointed by the President Reports to Congress and the President each fiscal year Reports to Congress and the President each fiscal year

10. Labor Laws Title VII of the Civil Right Act of 1964 Fail or Refuse to Hire Fail or Refuse to Hire Discharge Discharge Discriminate with respect to compensation, terms or privileges Discriminate with respect to compensation, terms or privileges Deprive Opportunity Deprive Opportunity Deprive Apprenticeship or Training Deprive Apprenticeship or Training Race, color, religion, sex, or national origin Race, color, religion, sex, or national origin

11. Labor Laws Sexual Harassment When this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance When this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance Creates an intimidating, hostile, or offensive work environment Creates an intimidating, hostile, or offensive work environment

12. Labor Laws Sexual Harassment Form of sex discrimination and violates Title vii Form of sex discrimination and violates Title vii Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature

13. Labor Laws Sexual Harassment The victim as well as the harasser may be a woman or a man. The victim as well as the harasser may be a woman or a man. The harasser can be the victim's supervisor or an agent of the employer The harasser can be the victim's supervisor or an agent of the employer

14. Labor Laws Sexual Harassment The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Unlawful sexual harassment may occur without economic injury to or discharge of the victim. Unlawful sexual harassment may occur without economic injury to or discharge of the victim.

15. Labor Laws Sexual Harassment The harasser's conduct must be unwelcome The harasser's conduct must be unwelcome IMPACT not INTENT IMPACT not INTENT EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred.

16. Labor Laws Sexual Harassment FY 2005, EEOC received 12,679 charges of sexual harassment. FY 2005, EEOC received 12,679 charges of sexual harassment. –14.3% of those charges were filed by males. EEOC resolved 12,859 sexual harassment charges in FY 2004 and recovered $47.9 million in monetary benefits. EEOC resolved 12,859 sexual harassment charges in FY 2004 and recovered $47.9 million in monetary benefits.

17. Labor Laws Racial Discrimination Title VII prohibits offensive conduct, such as racial or ethnic slurs, racial "jokes," derogatory comments, or other verbal or physical conduct based on an individual's race/color. Title VII prohibits offensive conduct, such as racial or ethnic slurs, racial "jokes," derogatory comments, or other verbal or physical conduct based on an individual's race/color.

18. Labor Laws Racial Discrimination The conduct has to be unwelcome and offensive, and has to be severe or pervasive. The conduct has to be unwelcome and offensive, and has to be severe or pervasive. Employers are required to take appropriate steps to prevent and correct unlawful harassment. Employers are required to take appropriate steps to prevent and correct unlawful harassment.

19. Labor Laws Racial Discrimination FY 2005, EEOC received 26,740 charges of racial discrimination. FY 2005, EEOC received 26,740 charges of racial discrimination. Recovered $76.5 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation). Recovered $76.5 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

20. Labor Laws Religious Discrimination May not refuse to hire May not refuse to hire May not impose stricter promotion requirements May not impose stricter promotion requirements May not impose more or different work requirements May not impose more or different work requirements Employees cannot be forced to participate -- or not participate -- in a religious activity as a condition of employment. Employees cannot be forced to participate -- or not participate -- in a religious activity as a condition of employment.

21. Labor Laws Religious Discrimination Must reasonably accommodate employees' sincerely held religious practices unless doing so would impose an undue hardship on the employer. Must reasonably accommodate employees' sincerely held religious practices unless doing so would impose an undue hardship on the employer. Accommodate an employee's religious beliefs or practices by allowing: flexible scheduling, voluntary substitutions or swaps, job reassignments and lateral transfers, modification of grooming requirements and other workplace practices, policies and/or procedures. Accommodate an employee's religious beliefs or practices by allowing: flexible scheduling, voluntary substitutions or swaps, job reassignments and lateral transfers, modification of grooming requirements and other workplace practices, policies and/or procedures.

22. Labor Laws Religious Discrimination FY 2005, EEOC received 2,340 charges of religious discrimination. FY 2005, EEOC received 2,340 charges of religious discrimination. Recovered $6.1 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation). Recovered $6.1 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

23. Labor Laws Equal pay act of 1963 Shall not discriminate on the basis of sex Shall not discriminate on the basis of sex Equal work on jobs the performance of which requires equal skill,effort, and responsibility, and which are performed under similar workingconditions, Equal work on jobs the performance of which requires equal skill,effort, and responsibility, and which are performed under similar workingconditions, Exceptions Exceptions –Seniority or Merit System –System which measures earnings by quantity or quality of production

24. Labor Laws Age Discrimination in Employment Act of 1967 Protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants.

25. Labor Laws Age Discrimination in Employment Act of 1967 It is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. It is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

26. Labor Laws Age Discrimination in Employment Act of 1967 It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.

27. Labor Laws Americans with Disabilities Act of 1990 Individual with a “disability'' means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires Individual with a “disability'' means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires

28. Labor Laws Americans with Disabilities Act of 1990 No covered entity shall discriminate against a qualified individual with a disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. No covered entity shall discriminate against a qualified individual with a disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

29. Labor Laws Fair Labor Standards Act The FLSA requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay for all hours worked over 40 in a work week. The FLSA requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay for all hours worked over 40 in a work week. Covered employees must be paid for all hours worked in a work week. This includes worked performed at home, travel time, waiting time, training and probationary periods. Covered employees must be paid for all hours worked in a work week. This includes worked performed at home, travel time, waiting time, training and probationary periods.

30. Labor Laws Family and Medical Leave Act Covered employers are required to provide eligible employees up to 12 weeks of unpaid leave each year for: Covered employers are required to provide eligible employees up to 12 weeks of unpaid leave each year for: –Birth of a child –The placement of an adopted or foster child –To care for a child, spouse, parent with a serious health condition –For the employees own serious health condition

31. Labor Laws Family and Medical Leave Act FMLA requires covered employers to continue health benefits coverage during the leave. After completion of the leave, the employer must be restored to the same or equivalent position. FMLA requires covered employers to continue health benefits coverage during the leave. After completion of the leave, the employer must be restored to the same or equivalent position.

32. Labor Laws Job Requirements Job requirements must be uniformly and consistently applied to persons of all races and colors. Job requirements must be uniformly and consistently applied to persons of all races and colors. If it is not important for the job performance or business needs, the requirment may be found unlawful if it excludes persons of a certain racial group or color If it is not important for the job performance or business needs, the requirment may be found unlawful if it excludes persons of a certain racial group or color

33. Labor Laws Recruiting, Hiring, and Advancement Examples of potentially unlawful practices include Examples of potentially unlawful practices include –soliciting applications only from sources in which all or most potential workers are of the same race or color –requiring applicants to have a certain educational background that is not important for job performance or business needs –testing applicants for knowledge, skills or abilities that are not important for job performance or business needs.

34. Labor Laws Illegal Interview Questions Race Race Color Color Sex Sex Religion Religion Sexual orientation Sexual orientation Gender identity Gender identity National origin National origin Birthplace Birthplace Age Age Disability Disability Marital/family status Marital/family status

35. Labor Laws Subject: Nationality Illegal: Are you a U.S. citizen? Where were you/your parents born? What is your "native tongue?" Are you a U.S. citizen? Where were you/your parents born? What is your "native tongue?"Legal: Are you authorized to work in the United States? What languages do you read, speak or write fluently? Are you authorized to work in the United States? What languages do you read, speak or write fluently?

36. Labor Laws Subject: Age Illegal: How old are you? When did you graduate from college? What is your birthdate? Legal: Are you over the age of 18?

37. Labor Laws Subject: Marital/Family status Illegal: What's your marital status? Who do you live with? Do you plan to have a family? When? How many kids do you have?; What are your child care arrangements?

38. Labor Laws Subject: Marital/Family status Legal: Would you be willing to relocate if necessary? Travel is an important part of the job. Would you be willing to travel as needed by the job? This job requires overtime occasionally. Would you be able and willing to work overtime as necessary?

39. Labor Laws Subject: Disabilities Illegal: Do you have any disabilities? Please complete the following medical history? Have you had any recent or past illnesses or operations? What was the date of your last physical exam? When did you lose your eyesight?

40. Labor Laws Subject: Disabilities Legal: Are you able to perform the essential functions of this job with or without reasonable accommodations? (This question is okay if the interviewer thoroughly described the job.)

41. Labor Laws Subject: Arrest record Illegal: Have you ever been arrested? Legal: Have you ever been convicted of _____? (The crime should be reasonably related to the performance of the job in question.

42. Labor Laws Progressive Discipline Progressive discipline is a process for dealing with job-related behavior that does not meet expected and communicated performance standards. The primary purpose for progressive discipline is to assist the employee to understand that a performance problem or opportunity for improvement exists. Progressive discipline is a process for dealing with job-related behavior that does not meet expected and communicated performance standards. The primary purpose for progressive discipline is to assist the employee to understand that a performance problem or opportunity for improvement exists.

43. Labor Laws Progressive Discipline Does not function as “punishment” Does not function as “punishment” Enables employees to succeed Enables employees to succeed Increasing formal efforts to correct behavior, attitude and / or performance Increasing formal efforts to correct behavior, attitude and / or performance Provides Documentation Provides Documentation Enables fair termination process Enables fair termination process

44. Labor Laws Terminations The decision to terminate an individual’s employment carries with it the risk of a possible legal challenge. The decision to terminate an individual’s employment carries with it the risk of a possible legal challenge. Depending upon an employer’s policies or whether an employee has an employment contract, an employee may, for example, have a breach of contract or “wrongful discharge” claim. Depending upon an employer’s policies or whether an employee has an employment contract, an employee may, for example, have a breach of contract or “wrongful discharge” claim.

45. Labor Laws Terminations An “at-will” employer - that is, an employer who reserves the right to terminate employees without cause - generally does not need to worry about such claims. Like all other employers, however, an at-will employer still must be concerned about many other possible claims. An “at-will” employer - that is, an employer who reserves the right to terminate employees without cause - generally does not need to worry about such claims. Like all other employers, however, an at-will employer still must be concerned about many other possible claims.

46. Labor Laws Terminations Legitimate Business Reasons for Employment Termination could include Legitimate Business Reasons for Employment Termination could include –Misconduct –Poor performance –Reorganization –Elimination of position –Financial considerations

47. Labor Laws Terminations Does the employee have a legitimate explanation for his/her actions or poor performance? Does the employee have a legitimate explanation for his/her actions or poor performance? Does the punishment “fit the crime”? Does the punishment “fit the crime”? Is the decision to terminate inconsistent with previous actions of the employer? Is the decision to terminate inconsistent with previous actions of the employer? Is the decision to terminate premature? Is the decision to terminate premature?

48. Your mom was right: Treat everyone with dignity and respect!