CH 9: Personnel Policies in the Workplace Flashcards
(87 cards)
A nurse manager is hiring new staff and wants to ensure compliance with federal employment laws. Which of the following actions best demonstrates adherence to these regulations?
A. Asking candidates about their marital status during the interview
B. Requiring a medical examination before offering a job
C. Ensuring hiring decisions are based on job qualifications and nondiscriminatory criteria
D. Giving preference to applicants with specific religious beliefs
C. Ensuring hiring decisions are based on job qualifications and nondiscriminatory criteria
Rationale: Federal employment laws, such as the Civil Rights Act and the Equal Employment Opportunity (EEO) laws, prohibit discrimination based on race, religion, gender, or disability. Hiring must be based solely on job qualifications to reduce liability and ensure fair employment practices.
A nurse manager is reviewing federal employment laws to ensure compliance when hiring new staff. Which of the following laws impact employment in healthcare? (SATA)
A. Americans with Disabilities Act (ADA)
B. Fair Labor Standards Act (FLSA)
C. Family and Medical Leave Act (FMLA)
D. Occupational Safety and Health Act (OSHA)
E. Nurse Practice Act (NPA)
A. Americans with Disabilities Act (ADA)
B. Fair Labor Standards Act (FLSA)
C. Family and Medical Leave Act (FMLA)
D. Occupational Safety and Health Act (OSHA)
Rationale: The ADA protects individuals with disabilities from employment discrimination. The FLSA regulates minimum wage and overtime pay. The FMLA provides eligible employees with job-protected leave for medical and family reasons. OSHA ensures workplace safety. The NPA, while important in nursing, primarily regulates nursing practice rather than employment law.
A hospital is updating its hiring policies to align with federal and state employment regulations. Which of the following policies would put the hospital at risk for liability?
A. Requiring background checks for all applicants
B. Mandating equal pay for employees in the same role, regardless of gender
C. Implementing a policy that requires nurses over 50 to undergo annual physical exams
D. Including an anti-discrimination statement in all job postings
C. Implementing a policy that requires nurses over 50 to undergo annual physical exams
Rationale: The Age Discrimination in Employment Act (ADEA) prohibits discrimination against individuals 40 and older. Requiring only older employees to have physical exams is discriminatory and could lead to legal consequences.
A nurse leader is developing training for hiring managers on reducing liability in the hiring process. Which of the following should be included? (SATA)
A. Avoid asking candidates about age, race, or marital status
B. Ensure job descriptions clearly outline essential job functions
C. Offer lower wages to employees with disabilities to accommodate reduced productivity
D. Follow standardized interview questions for all candidates
E. Require candidates to disclose past medical conditions during pre-employment screening
A. Avoid asking candidates about age, race, or marital status
B. Ensure job descriptions clearly outline essential job functions
D. Follow standardized interview questions for all candidates
Rationale: Avoiding personal questions prevents potential discrimination claims. Clear job descriptions help ensure hiring decisions are based on qualifications. Standardized interviews promote fairness and consistency. Offering lower wages due to disability violates the ADA, and requiring medical disclosures before employment violates privacy laws.
A newly promoted nurse manager is reviewing employment laws to prevent workplace discrimination. Which law specifically protects employees from discrimination based on race, color, religion, sex, or national origin?
A. Family and Medical Leave Act (FMLA)
B. Americans with Disabilities Act (ADA)
C. Fair Labor Standards Act (FLSA)
D. Civil Rights Act, Title VII
D. Civil Rights Act, Title VII
Rationale: Title VII of the Civil Rights Act prohibits employment discrimination based on race, color, religion, sex, or national origin. It applies to hiring, promotions, compensation, and workplace conditions.
A nurse manager is hiring new nursing staff. Which federal law prohibits the manager from making hiring decisions based on a candidate’s race or national origin?
A. Title VII of the Civil Rights Act
B. Equal Pay Act of 1963 (EPA)
C. Age Discrimination in Employment Act of 1967
D. Title I of the Americans with Disabilities Act (ADA)
A. Title VII of the Civil Rights Act
Rationale: Title VII of the Civil Rights Act prohibits discrimination based on race, color, religion, sex, or national origin in hiring, promotion, and employment practices.
A nurse leader is developing a presentation on employment laws. Which of the following federal laws protect employees from discrimination in the workplace? (SATA)
A. Title VII of the Civil Rights Act
B. Equal Pay Act of 1963 (EPA)
C. Age Discrimination in Employment Act of 1967
D. Title I of the Americans with Disabilities Act (ADA)
E. The Family and Medical Leave Act (FMLA)
A. Title VII of the Civil Rights Act
B. Equal Pay Act of 1963 (EPA)
C. Age Discrimination in Employment Act of 1967
D. Title I of the Americans with Disabilities Act (ADA)
Rationale: Title VII, the EPA, the Age Discrimination in Employment Act, and the ADA all protect employees from various forms of workplace discrimination. The FMLA, while important, pertains to medical leave rather than discrimination.
A 45-year-old registered nurse applies for a management position but is denied the role despite having the necessary qualifications. The hospital later hires a younger, less experienced candidate. Which law protects the nurse from age-based employment discrimination?
A. The Civil Rights Act of 1991
B. Title I of the Americans with Disabilities Act (ADA)
C. Age Discrimination in Employment Act of 1967
D. Equal Pay Act of 1963 (EPA)
C. Age Discrimination in Employment Act of 1967
Rationale: The Age Discrimination in Employment Act (ADEA) protects individuals 40 years and older from workplace discrimination based on age.
A nurse who has a disability is applying for a position at a private hospital. Which of the following laws provide protection against discrimination in the hiring process? (SATA)
A. Title I of the Americans with Disabilities Act (ADA)
B. Sections 501 & 505 of the Rehabilitation Act of 1973
C. The Equal Pay Act of 1963
D. The Age Discrimination in Employment Act of 1967
E. The Civil Rights Act of 1991
A. Title I of the Americans with Disabilities Act (ADA)
B. Sections 501 & 505 of the Rehabilitation Act of 1973
Rationale: Title I of the ADA protects qualified individuals with disabilities from discrimination in the private sector and state/local governments. Sections 501 & 505 of the Rehabilitation Act provide similar protections for individuals with disabilities working in the federal government.
A nurse discovers that a male coworker in the same position, with the same experience and qualifications, is earning a higher salary. Which federal law addresses this type of wage discrimination?
A. The Equal Pay Act of 1963
B. The Civil Rights Act of 1991
C. The Age Discrimination in Employment Act of 1967
D. Title VII of the Civil Rights Act
A. The Equal Pay Act of 1963
Rationale: The Equal Pay Act of 1963 mandates equal pay for equal work, regardless of sex, to prevent wage discrimination based on gender.
A hospital is found guilty of employment discrimination and ordered to compensate the affected employees. Which law allows employees to seek monetary damages in such cases? (SATA)
A. The Civil Rights Act of 1991
B. The Equal Pay Act of 1963
C. The Age Discrimination in Employment Act of 1967
D. Title I of the Americans with Disabilities Act (ADA)
E. Title VII of the Civil Rights Act
A. The Civil Rights Act of 1991
E. Title VII of the Civil Rights Act
Rationale: The Civil Rights Act of 1991 provides monetary damages for employment discrimination. Title VII of the Civil Rights Act also protects against workplace discrimination and allows for legal recourse.
A nurse with a disability applies for a job at a local clinic. The hiring manager is concerned about accommodations and refuses to consider the application. Which law has the clinic potentially violated?
A. The Civil Rights Act of 1991
B. Title I of the Americans with Disabilities Act (ADA)
C. The Equal Pay Act of 1963
D. The Age Discrimination in Employment Act of 1967
B. Title I of the Americans with Disabilities Act (ADA)
Rationale: Title I of the ADA prohibits discrimination against qualified individuals with disabilities in hiring and employment decisions. Employers must provide reasonable accommodations unless doing so would impose an undue hardship.
A hospital’s policy states that employees over the age of 50 must undergo annual physical exams as part of continued employment. Which federal law could this policy violate?
A. The Equal Pay Act of 1963
B. The Civil Rights Act of 1991
C. The Age Discrimination in Employment Act of 1967
D. Sections 501 & 505 of the Rehabilitation Act of 1973
C. The Age Discrimination in Employment Act of 1967
Rationale: The Age Discrimination in Employment Act (ADEA) protects employees 40 and older from discrimination, including unnecessary medical exams based solely on age.
A newly hired nurse attends a union orientation session. The nurse asks about the primary purpose of a nurses’ union. Which of the following responses by the union representative is most appropriate?
A. “The union exists to protect the hospital from unnecessary lawsuits and financial losses.”
B. “The union negotiates contracts that cover wages, benefits, and working conditions for its members.”
C. “The union primarily ensures that nurses follow all hospital policies and procedures without question.”
D. “The union serves as a mediator between nurses and patients to improve patient satisfaction scores.”
B. “The union negotiates contracts that cover wages, benefits, and working conditions for its members.”
Rationale: A nurses’ union represents its members in negotiations related to wages, benefits, and working conditions. It also advocates for fair treatment, job security, and safe working environments.
A nurse manager is educating newly hired nurses about union membership. Which of the following are potential benefits of joining a nursing union? (SATA)
A. Collective bargaining for fair wages and benefits
B. Protection from unfair disciplinary actions
C. Guaranteed exemption from mandatory overtime
D. Legal representation in employment disputes
E. The ability to ignore hospital policies without consequence
A. Collective bargaining for fair wages and benefits
B. Protection from unfair disciplinary actions
D. Legal representation in employment disputes
Rationale: Nursing unions advocate for fair wages, job security, and improved working conditions through collective bargaining. They also provide protection from unfair disciplinary actions and may offer legal support in employment disputes. However, union membership does not guarantee exemption from mandatory overtime unless stipulated in a contract, and nurses must still adhere to hospital policies.
A hospital with a unionized nursing staff is negotiating a new contract. Which of the following topics would most likely be addressed in the collective bargaining agreement?
A. Patient-to-nurse staffing ratios
B. State licensure renewal requirements
C. National nursing certification standards
D. Medical treatment protocols for patient care
A. Patient-to-nurse staffing ratios
Rationale: Unions negotiate collective bargaining agreements that often include staffing ratios, wages, benefits, and workplace conditions. State licensure, national certification, and patient care protocols are typically regulated by professional organizations and licensing boards.
A hospital hires a group of new nurses, some of whom are hesitant about joining the nurses’ union. What rights do these nurses have regarding union membership? (SATA)
A. They can choose whether or not to join the union.
B. They can still receive union-negotiated benefits even if they do not join.
C. They can be fired for refusing to join the union.
D. They must pay union dues if they work in a unionized hospital with a closed-shop agreement.
E. They can negotiate their own individual contract separate from the union agreement.
A. They can choose whether or not to join the union.
B. They can still receive union-negotiated benefits even if they do not join.
D. They must pay union dues if they work in a unionized hospital with a closed-shop agreement.
Rationale: Nurses have the right to decide whether to join a union. Even non-union members benefit from collective bargaining agreements. Some hospitals have closed-shop agreements requiring all employees to pay union dues. However, nurses cannot be fired for refusing to join, and individual contract negotiation is generally not permitted within a unionized setting.
A nurse is concerned about a workplace safety issue and wants to file a grievance. The nurse’s hospital is unionized. What is the first action the nurse should take?
A. Contact the hospital’s legal team for representation
B. File a formal complaint with the National Labor Relations Board (NLRB)
C. Discuss the concern with the union representative
D. Refuse to work until the issue is resolved
C. Discuss the concern with the union representative
Rationale: In a unionized hospital, nurses should first bring workplace concerns to their union representative, who can guide them through the grievance process. Filing a complaint with the NLRB or taking legal action comes later if necessary.
A hospital administrator is planning an orientation session for newly hired nurses in a unionized hospital. Which of the following topics should be included in the session?
A. The hospital’s policies on non-compete agreements
B. The benefits and contract rights associated with union membership
C. The legal process for terminating union membership immediately after hiring
D. The role of the hospital in selecting union representatives
B. The benefits and contract rights associated with union membership
Rationale: Newly hired nurses in a unionized hospital receive information on union benefits, contract terms, and their rights as employees. The hospital does not control union representation or require non-compete agreements in relation to union membership.
A newly hired nurse experiences repeated snide comments and is frequently ignored by senior nurses on the unit. This is an example of which type of workplace violence?
A. Vertical incivility
B. Horizontal incivility
C. Non-work-related violence
D. Constructive feedback
B. Horizontal incivility
Rationale: Horizontal incivility, also known as lateral violence, involves hostile or aggressive behaviors among colleagues at the same professional level, including bullying, verbal abuse, and exclusion.
A nurse manager is educating staff on recognizing workplace violence. Which of the following are considered examples of vertical violence? (SATA)
A. A charge nurse withholding important patient care information from a new nurse
B. A nurse manager yelling at a staff nurse in front of colleagues
C. Two staff nurses spreading false rumors about a coworker
D. A nursing assistant being repeatedly ignored by the registered nurse in charge
E. A senior nurse making sarcastic remarks about a new graduate nurse’s skills
A. A charge nurse withholding important patient care information from a new nurse
B. A nurse manager yelling at a staff nurse in front of colleagues
D. A nursing assistant being repeatedly ignored by the registered nurse in charge
E. A senior nurse making sarcastic remarks about a new graduate nurse’s skills
Rationale: Vertical violence occurs between individuals at different hierarchical levels, such as a nurse manager intimidating a staff nurse, a senior nurse belittling a junior nurse, or an RN ignoring or withholding information from a subordinate. Horizontal violence, on the other hand, occurs among colleagues of the same rank, such as coworkers spreading rumors.
A nurse manager witnesses a nurse making sarcastic remarks toward a new graduate nurse, stating, “You’ll never survive in this unit with skills like that.” What is the best initial response by the nurse manager?
A. Address the comment immediately and remind the nurse that lateral violence is unacceptable.
B. Ignore the behavior, as new nurses must develop resilience in the workplace.
C. Document the behavior and report it to human resources without speaking to the staff involved.
D. Ask the new nurse to work with a different preceptor to avoid further issues.
A. Address the comment immediately and remind the nurse that lateral violence is unacceptable.
Rationale: It is crucial for leadership to intervene immediately when workplace violence occurs. Addressing inappropriate behavior and setting expectations for a respectful work environment helps prevent ongoing incivility and supports a culture of safety.
A hospital is implementing strategies to prevent workplace violence. Which of the following interventions should be included? (SATA)
A. Establishing a zero-tolerance policy for workplace violence
B. Providing staff education on recognizing and reporting incivility
C. Encouraging staff to ignore minor incidents to avoid confrontation
D. Implementing a confidential reporting system for workplace violence incidents
E. Holding all staff accountable, regardless of position, for acts of incivility
A. Establishing a zero-tolerance policy for workplace violence
B. Providing staff education on recognizing and reporting incivility
D. Implementing a confidential reporting system for workplace violence incidents
E. Holding all staff accountable, regardless of position, for acts of incivility
Rationale: A zero-tolerance policy, staff education, a confidential reporting system, and ensuring accountability for all employees help create a safer and more professional work environment. Ignoring minor incidents allows the behavior to escalate.
A nurse reports to the manager that a physician often makes belittling remarks and intentionally ignores their patient care suggestions. This behavior is interfering with professional performance. What type of workplace violence does this scenario describe?
A. Horizontal incivility
B. Vertical incivility
C. Peer conflict
D. Constructive criticism
B. Vertical incivility
Rationale: Vertical incivility occurs between individuals at different hierarchical levels, such as when a physician exhibits hostile or dismissive behavior toward a nurse, which impacts professional performance.