Malpractice, Tort Law, EEO Laws, and APRN Reimbursement

1. Assess the 6 elements of malpractice or negligence and how breaching these elements would affect patient care regarding Tort law. Elaborate on Duty of care and the effect this has on patient care.

1. Critique how a professional nurse might become involved in policy changes within the healthcare system.

1. Analyze the Equal Employment Opportunity Laws and how these laws relate to hiring and termination of nursing employees.

1. Assess how advanced practice nursing is held to laws relating the reimbursement issues

Analyze the Equal Employment Opportunity Laws and how these laws relate to hiring and termination of nursing employees.

The equal employment opportunity laws enforce federal laws that make it illegal to discriminate against people applying for different job positions or employees due to their religion, color, race, national origin, age of 40 years and above, genetic information, disability, and pregnancy and this includes sexual orientation, gender identity, and pregnancy--related conditions. In the United States, equal employment laws are enforced by the United States Equal Employment Opportunity Commission (EEOC). The Age Discrimination Act of 1975 which is enforced by the Civil Rights Center prohibits discrimination based on age in activities and programs in receiving financial assistance. This Act applies to all ages and permits various age distinctions and other factors that meet the requirements of the act. The Age Discrimination in Employment Act of 1967 (ADEA) protects employees and applications aged 40 years and above from discrimination during promotion, hiring, employment privileges employment, discharge, and compensation (Yeung et al., 2021). The above two acts apply to nurses as they should not be discriminated against in receiving financial assistance and all other aspects of employment due to their age especially when they are 40 years and above.

Section 503 of the Rehabilitation Act of 1973 prohibits discrimination based on disability in activities and programs that receive federal financial assistance. Section 188 of the Workforce Investment Act of 1998 (WIA) prohibits discrimination in hiring qualified individuals living with disabilities (U.S. Department of Labor, n.d.). This law applies to qualified nurses with disabilities provided the disability will not limit their ability to execute their functions. Nurses are also protected by Title VII of the Civil Rights Act of 1964 which prohibits discrimination in promotion, hiring, fringe benefits, discharge, referral, classification and job training, and all employment aspects based on color, race, sex, religion, and nationality (U.S Department of Labor, n.d.). Additionally, the Immigration and Nationality Act prohibits discrimination due to national origin against United States nationals, United States citizens, and authorized aliens in all aspects of employment. Also, it prohibits discrimination against temporary residents who have undergone the legalization program, permanent residents, asylees, and refugees in the hiring process.

Nurses reap the benefits of the regulation of nurses' employment through the equal employment opportunity laws that are enforced by the United States Equal Employment Opportunity Commission (EEOC). In all aspects of employment, nurses should not be discriminated against due to their age, disability, gender, nationality, religion, race, and immigration status. Thus, with these laws, nurses are safe.

References

U.S Department of Labor. (n.d.). Age Discrimination. US EEOC. https://www.eeoc.gov/overview

Yeung, D. Y., Zhou, X., & Chong, S. (2021). Perceived age discrimination in the workplace: The mediating roles of job resources and demands. Journal of Managerial Psychology, 36(6), 505-519. https://www.emerald.com/insight/content/doi/10.1108/JMP-04-2020-0185/full/html