Session 7 law ethics, part three Flashcards
(130 cards)
1
Q
What is the role of the Equal Employment Opportunity Commission?
A
Enforces Federal laws prohibiting employment discrimination
These laws protect employees and job applicants against employment discrimination.
2
Q
Who does the Equal Employment Opportunity Commission protect?
A
Employees and job applicants against employment discrimination based on:
* Race
* Color
* Religion
* Sex (including pregnancy, gender identity, and sexual orientation)
* National origin
* Age (40 or older)
* Disability
* Genetic information
Includes protection from harassment and denial of reasonable workplace accommodations.
Protects against denial of a reasonable workplace, accommodation and retaliation of an employee complaint
3
Q
What constitutes employment discrimination under the Equal Employment Opportunity Commission?
A
Unfair treatment, harassment, and denial of reasonable workplace accommodation
Discrimination can occur based on race, color, religion, sex, national origin, age, disability, or genetic information.
4
Q
What is the Immigration Reform and Control Act of 1986 primarily aimed at?
A
Preserving jobs for American citizens and authorized immigrants
Applies to most employers, although specific employee count is unclear.
5
Q
What does the Immigration Reform and Control Act of 1986 make unlawful?
A
Hiring unauthorized aliens or failing to verify work status
Employers must attest to the verification of an employee’s work status.
6
Q
What is required of employers under the Immigration Reform and Control Act?
A
Employers must:
* Verify employee’s work status
* Keep records for three years after referral or recruitment
* Keep records for one year after employment termination
This includes using a form developed by the Attorney General. I-9
7
Q
What is the Fair Labor Standards Act (FLSA) designed to regulate?
A
Minimum wage, overtime pay standards, and employment of minors
Applies to every practice.
8
Q
What is the overtime pay rate under the Fair Labor Standards Act?
A
1.5 times the regular rate of pay
Applies to any employee working more than 40 hours a week.
9
Q
What defines a workweek under the Fair Labor Standards Act?
A
7 consecutive, regular recurring, 24-hour periods totaling 168 hours
This is the basis for calculating overtime.
10
Q
Who is exempt from overtime pay under the Fair Labor Standards Act?
A
Individuals involved in executive, administrative, or professional duties
This exemption can impact eligibility for overtime pay.
11
Q
Fill in the blank: The Equal Employment Opportunity Commission protects against unfair treatment because of _______.
A
[any of the protected categories such as race, color, religion, sex, national origin, age, disability, or genetic information]
12
Q
What is the minimum age to work in non-farm related jobs according to the Fair Labor Standards Act?
A
At least 16 years of age
This applies to employment of minors.
13
Q
What are the working hour restrictions for youths aged 14 or 15 during school days?
A
3 hours per day
They may work outside school hours with a work permit.
14
Q
What is the maximum number of hours a youth aged 14 or 15 can work on non-school days?
A
8 hours a day
This is permitted only on non-school days.
15
Q
What are the starting and ending times for work for minors under the FLSA?
A
Work cannot begin before 7am or end after 7pm
Ends at 9pm during summer break.
16
Q
What is the minimum exempt salary level under FLSA as of 1/1/2020?
A
$684/week
This is related to exemptions from overtime pay.
17
Q
What does the salary basis requirement under FLSA state?
A
Predetermined compensation is paid weekly, biweekly, or monthly
Compensation cannot be reduced due to work quality or quantity.
18
Q
What is the primary duty for an executive exemption under FLSA?
A
Management of the practice and directing work of two or more employees
This relates to job duties for exemption from overtime.
19
Q
What qualifies as administrative exemption under FLSA?
A
Primary duty is performance of office or non-manual work related to management
This includes general business operations.
20
Q
What is the primary duty for a professional exemption under FLSA?
A
Performance of work requiring advanced knowledge
This work must be predominantly intellectual and require discretion and judgement.
21
Q
Which division enforces the Fair Labor Standards Act?
A
Wage and Hour Division of the US Department of Labor
They ensure compliance with labor standards.
22
Q
True or False: Inspections by the Department of Labor can only occur after a complaint is received.
A
False
Inspections can be initiated at random as well.
23
Q
List at least three requirements that managers should be aware of under the FLSA.
A
- Minimum wage
- Overtime pay
- Commission pay
Other requirements include bonuses, trainees, handicapped workers, part-time employees, and child labor.
24
Q
What is an unlawful employment practice according to the Civil Rights Act of 1964?
A
It is unlawful for an employer to fail or refuse to hire, discharge, or discriminate against any individual based on race, color, religion, sex, or national origin.
This act aims to ensure equal employment opportunities for all individuals.
25
What agency was created to enforce the antidiscrimination law?
Equal Employment Opportunity Commission (EEOC)
## Footnote
The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee.
26
What types of discrimination are covered under sexual harassment laws?
* Gender-based discrimination
* Sex discrimination based on pregnancy
* Sexual harassment
## Footnote
Employers can be held liable for the actions of their employees, clients, and vendors.
27
What are the two types of sexual harassment?
* Quid pro quo
* Hostile environment
## Footnote
These types refer to different forms of unwelcome sexual conduct in the workplace.
28
Define quid pro quo sexual harassment.
Occurs when submission to or rejection of unwelcome sexual conduct is used as the basis of employment decisions.
## Footnote
This applies to protected classes as much as it does to gender.
29
Define hostile environment sexual harassment.
Unwelcome conduct that is sexual in nature or directed at a person because of their gender, interfering with job performance or creating an intimidating, hostile, or offensive working environment.
## Footnote
This type of harassment can occur without tangible economic consequences.
30
What steps must employers take to prevent sexual harassment?
* Train managers
* Inform employees of their rights
* Create an anti-harassment policy
* Develop appropriate sanctions
## Footnote
These measures are necessary to foster a safe working environment.
31
What does Pregnancy Discrimination (1978) protect against?
Discrimination based on pregnancy, childbirth, or related medical conditions
## Footnote
This law mandates that affected women must be treated the same as other employees regarding their ability to work.
32
What is the minimum number of employees an employer must have to be subject to the Pregnancy Discrimination Act?
Fifteen or more employees
## Footnote
This applies to employers regarding their treatment of pregnant employees.
33
What must employers allow regarding pregnant employees?
To work at all times during pregnancy as long as they can perform the job duties
## Footnote
This ensures that pregnant employees are not unjustly restricted from working.
34
What does the Americans with Disabilities Act (1990) define as a disability?
A physical or mental impairment that substantially limits one or more major life activities
## Footnote
This definition is crucial for determining eligibility for protections under the Act.
35
What is required of employers under the Americans with Disabilities Act?
To make reasonable accommodations for applicants and employees with disabilities
## Footnote
Accommodations are required unless they impose undue hardship on the business.
36
What is a qualified person with a disability?
An individual who satisfies the job-related requirements and can perform essential functions with or without accommodation
## Footnote
This definition highlights the importance of skills and the ability to perform job duties.
37
What is the minimum number of employees for the Age Discrimination Act (1967) to apply?
Twenty or more employees
## Footnote
This sets the threshold for employers to be subject to age discrimination laws.
38
At what age does the Age Discrimination Act (1967) protect employees?
Forty years old or older
## Footnote
This age threshold is significant for protections against discrimination.
39
What types of employment matters does the Age Discrimination Act (1967) cover?
Hiring, retention, compensation, and other employment decisions
## Footnote
This broad coverage ensures that age discrimination is addressed in multiple aspects of employment.
40
True or False: The Americans with Disabilities Act includes mental disabilities.
True
## Footnote
The Act was expanded to include protections for individuals with mental disabilities.
41
Fill in the blank: The Americans with Disabilities Act applies to employers with _______ or more employees.
Fifteen
## Footnote
This establishes the scope of employers covered under the Act.
42
What is the Family and Medical Leave Act (1993)?
A law that entitles eligible employees to job-protected, unpaid leave for specific family and medical reasons
## Footnote
The act applies to employers with fifty or more employees who have worked twenty or more calendar weeks in the current or previous year.
43
Who is eligible under the Family and Medical Leave Act?
Employees who work at least 1,250 hours during the 12-month period preceding the leave
## Footnote
Includes full time, part time, temporary, and permanent employees.
44
How much leave is an eligible employee entitled to under the Family and Medical Leave Act?
Twelve workweeks of job-protected, unpaid leave during a twelve-month period.
45
For what reasons can leave be taken under the Family and Medical Leave Act?
* Birth of a child
* Adoption
* Care of spouse, child, or parent
* Serious health condition of employee
46
What rights do employees have upon returning from leave under the Family and Medical Leave Act?
Entitled to return to the same position or an equivalent position with equivalent pay, benefits, and working conditions
## Footnote
Except for highly compensated 'key' employees.
47
What is Workers Compensation?
A system that protects employees involved in work-related injuries
## Footnote
It covers accidental injuries, illnesses, or deaths arising out of employment.
48
Who does Workers Compensation apply to?
All employees.
49
What are the employer's responsibilities under Workers Compensation?
* Provide compensation for work-related injuries
* Cover reasonable and necessary hospital, surgical, and medical expenses
50
What does the Federal Unemployment Tax Act (FUTA) provide?
Modest financial support for unemployed workers during temporary periods of involuntary unemployment.
51
Who is eligible for benefits under the Federal Unemployment Tax Act?
Virtually all employees who are able and available for work.
52
Under what condition is an employee disqualified from FUTA benefits?
If the employee voluntarily quit the job.
53
What does the Federal Unemployment Tax Act fund?
Funds that states can use to administer unemployment benefits.
54
What is the burden of proof regarding unemployment claims?
Usually with the employer to show that the former employee quit without good cause.
55
What is important for practice managers regarding unemployment claims?
Keep good records to help refute unjustified unemployment claims.
56
What does the Employee Retirement Income Security Act (ERISA) protect?
Employee interests in any employer-sponsored plan
## Footnote
Includes retirement income, stock purchase, group medical insurance, and prepaid legal services.
57
Does ERISA require employers to provide benefits?
No
## Footnote
ERISA does not mandate employers to offer benefits.
58
What does Title I of ERISA outline?
Reporting and disclosure obligations, minimum participation rules, vesting and funding requirements, and fiduciary standards
## Footnote
Enforced by the Department of Labor.
59
What is covered under Title II of ERISA?
Amendments to the Internal Revenue Code
## Footnote
Enforced by the IRS.
60
What does Title IV of ERISA establish?
A pension-plan benefit insurance program for underfunded or terminated plans
## Footnote
Administered by the Pension Benefit Guaranty Corporation.
61
Under ERISA, annual reports must be filed with…
DOL, IRS, PBGC, as well as participants and beneficiaries
## Footnote
Reports must be filed annually.
62
Who is covered under the Consolidated Omnibus Budget Reconciliation Act (COBRA)?
Employers with twenty or more employees and employees who leave under certain circumstances
63
What does COBRA allow qualified individuals to do?
Extend their coverage on a self-pay basis for 18 to 36 months after termination of employment
64
What are the requirements for employers under COBRA?
Numerous notice requirements on employers, plan administrators, and covered employees
Employers and administrators must provide timely notice in a number of events and so must qualified beneficiaries to avoid an advertent waiver of their cobra benefits
65
Who does the Health Insurance Portability and Accountability Act (HIPAA) protect?
All eligible employees
66
What does HIPAA protect regarding health insurance coverage?
It protects employees' health-insurance coverage when they change jobs, limits exclusions for preexisting conditions, and prohibits discrimination based on health status
67
Who does the Mental Health Parity Act (1996) apply to?
All eligible employees
## Footnote
The act aims to ensure fairness in mental health benefits compared to medical and surgical benefits.
68
What is the main purpose of the Mental Health Parity Act (1996)?
Provides for fairness and consistency between medical and surgical benefits and mental health benefits.
69
Who is protected under the Employee Polygraph Protection Act (1988)?
Employees or prospective employees
## Footnote
This act is focused on protecting individuals from mandatory lie-detector tests.
70
What does the Employee Polygraph Protection Act (1988) prohibit?
Prohibits most private-sector employers from requiring lie-detector tests
## Footnote
This includes disallowing discrimination against those who refuse to take such tests.
71
What actions are employers prohibited from taking against employees who refuse lie-detector tests under the EPPA?
Employers may not discharge, discipline or discriminate against, deny employment or promotion, or threaten action.
72
In what circumstances does the EPPA allow polygraph testing?
Polygraph testing of some job applicants based on the type of company (guards, security services)
## Footnote
The act has stringent requirements for this type of testing.
73
What must every employer post according to federal requirements?
Department of Labor Posters in a prominent location
## Footnote
This applies regardless of the number of employees.
74
List three items that must be included in the Department of Labor Posters.
* Fair Labor Standards Act and Minimum Wage
* Equal opportunity provisions of the law
* The Family and Medical Leave Act
75
What safety requirements must be included in the Department of Labor Posters?
OSHA Job Safety and Health Protection requirements.
76
Which act related to employment must be included in the Department of Labor Posters?
The Employee Polygraph Protection Act.
77
What additional requirements are mentioned regarding posters?
There are state workplace poster requirements as well.
78
What is confidentiality in the context of veterinary medicine?
The duty of keeping secret or private information pertaining to a patient's health obtained during diagnosis, treatment, or prognosis.
79
Why does veterinary-client-patient confidentiality exist?
To increase truthfulness and candor when a client exchanges health information with the veterinarian.
80
What might prevent a client from being open about their pet's health information?
Concerns about the confidentiality of their information.
81
What are the risks associated with a breach of confidentiality?
Damage to the client's reputation or financial value of the patient owned by the client.
82
Do all states recognize veterinary-client-patient confidentiality?
Not all states specifically recognize it, but ethical considerations remain the same.
83
What do the Principles of Veterinary Medical Ethics of the AVMA (PVME) require from veterinarians?
To protect the personal privacy of clients and patients and not reveal confidences unless required by law or necessary to protect health or welfare.
84
Are medical records considered the property of the veterinary practice?
Yes, but they are also considered privileged and confidential.
85
When can medical records be released?
Only by court order or consent of the patient's owner.
86
What should veterinarians obtain before releasing information or copies of records?
Written or documented consent from their clients.
87
What is sufficient for consent to release medical records?
A simple consent to release medical records form.
88
Does the PVME have the force of law in most states?
No, it does not have the force of law.
89
What is required for a client to release patient information?
A client's consent to release patient information is not consent to release financial or personal identification information on the client.
90
Why can requests for medical record information via phone be complicated?
The caller's identity cannot always be confirmed.
91
What correlation has been suggested regarding animal abuse?
There is a correlation between animal abuse and child abuse.
92
What are veterinarians required to do in some states concerning animal abuse?
Report animal abuse or neglect to child protection/welfare authorities.
93
What protection do veterinarians have when reporting animal abuse?
They are generally protected from civil lawsuits or disciplinary action if the report was made in good faith.
94
Who owns the confidentiality of medical records according to some state statutes?
The client owns the confidentiality, not the veterinarian.
95
Under what conditions do confidentiality statutes generally not apply?
Confidentiality statutes generally do not apply if:
* The client or client's agent consent to the release
* The law requires disclosure
* An animal's health is at stake
* A legal dispute has arisen such as malpractice or fee conflict
* A board investigation or disciplinary proceeding exists against the veterinarian or animal owner
* There is suspected or actual abuse or neglect
* The veterinarian has been served with a subpoena or court order.
96
Who are employees allowed to discuss client confidences with?
* The client
* The client's agent
* The treating veterinarian
* Other employees involved in the patient's care
## Footnote
This confidentiality applies even after an employee leaves the practice.
97
What should practices consider for employee confidentiality policies?
A written policy statement, signed by all employees and posted with other employee notices
## Footnote
This helps ensure that all employees understand their responsibilities regarding confidentiality.
98
What can employees or veterinarians not do with client/patient information after leaving the practice?
They generally cannot take or copy any client/patient information such as client lists or patient files
## Footnote
Violating this can lead to civil lawsuits and/or disciplinary action.
99
Under what conditions can departing shareholders or owners take client information with them?
Depending on the agreements made with the company
## Footnote
This may allow them to retain client lists and information.
100
What is included under the term 'Social Media'?
All current platforms and any to be created
## Footnote
This definition emphasizes the evolving nature of social media.
101
What role should a Social Media Manager have in a practice?
To review all content prior to posting
## Footnote
This is crucial for maintaining confidentiality.
102
What must managers be aware of regarding social media?
The potential confidentiality breaches on both practice and employee social media sites
## Footnote
Unauthorized posts can create legal problems for the practice.
103
Can a practice dictate what employees post on their personal social media sites?
No, but they can establish professional guidelines with disciplinary consequences when violated
## Footnote
This allows the practice to maintain a level of professionalism and confidentiality.
104
What is the purpose of a Social Media Policy in a practice?
To address confidentiality and regulate social media conduct.
105
What type of camera should be used for social media posts on practice websites?
A camera owned by the practice.
106
What is prohibited by the separate personal cell phone policy?
Recording or photographing clients, patients, or fellow employees while on duty.
107
Who is authorized to post on the practice's social media sites?
Only authorized personnel.
108
What must be obtained before using any client or patient images or text?
The client's pre-authorization.
109
What kind of employee conduct may result in disciplinary action?
Conduct that negatively affects job performance or that of team members, clients, or patients.
110
What types of inappropriate postings are mentioned?
Discriminatory remarks, harassment, threats of violence, unprofessional comments.
111
What do federal and state laws require businesses to protect?
Sensitive information in their custody.
112
What must managers ensure regarding identity theft programs?
A written policy and training program to safeguard client personal and financial information.
113
What should be done with paper containing personal or financial information before disposal?
It should be shredded.
114
What type of checks should be performed on all employees?
Regular criminal background checks.
115
Who should have keyed access to the building?
Only personnel who must have keys.
116
Fill in the blank: Computers with client information should be _______.
password protected.
117
What should employees be regularly trained on regarding clinical security protocols?
• How to gather and store personal information
• What can and cannot be discussed over the phone, internet, fax or to third parties
• Instruct employees against leaving client files or other information unattended
• Keep staff phone lists, practice emergency numbers, and computer codes secure
## Footnote
Regular training helps in maintaining confidentiality and security of client information.
118
What signals should employees be trained to identify as potential theft indicators?
• Inability to provide government issued photo ID
• Handwritten credit card numbers instead of the actual card
• Discrepancies between photo ID and personal information
• Presents altered or poorly copied or forged medical records
## Footnote
Identifying these signals helps prevent identity theft and unauthorized access to services.
119
True or False: Sharing confidential information without prior client consent is permissible in all states.
False
## Footnote
Depending on the state, sharing confidential information without consent may result in disciplinary action.
120
What can unauthorized disclosure of client information lead to?
• Invasion of privacy claims
• Breach of duty to maintain confidentiality
## Footnote
Unauthorized disclosure can have serious legal consequences for the organization.
121
Fill in the blank: Employees should be instructed against leaving client files or other information _______.
unattended
## Footnote
Keeping client information secure is crucial for maintaining confidentiality.
122
What types of professionals should confidential information not be shared with without consent?
• Kennels
• Trainers
• Other animal related professionals
## Footnote
Maintaining confidentiality is essential, even when dealing with related professionals.
123
According to the Fair Labor Standards Act, if a relief veterinarian has a set schedule but provides random relief shifts for other practices, are they considered an independent contractor?
No they are not because of the set schedule.
## Footnote
The Fair Labor Standards Act defines independent contractors based on the nature of their work relationship.
124
Which age group can only work 3 hours per day during school days and 8 hours a day on non-school days, and cannot begin work prior to 7 am?
14 - 15 year olds.
## Footnote
This regulation is designed to protect minors during school hours.
125
What term describes when submission to or rejection of unwelcome sexual conduct is used as the basis of employment decisions?
Quid Pro Quo.
## Footnote
This concept applies to all protected classes, not just gender.
126
Who enforces the federal laws prohibiting employment discrimination?
The Equal Employment Opportunity Commission.
## Footnote
This agency is responsible for enforcing federal laws against discrimination in the workplace.
127
In most states, can The Principles of Veterinary Medical Ethics of the AVMA be enforced by law?
False
## Footnote
This indicates that the principles may serve as guidelines rather than legal requirements.
128
When is it considered acceptable for a member of the practice to take client lists and information with them when departing?
It depends on what the agreement was with the practice
## Footnote
This emphasizes the importance of client confidentiality in veterinary practice.
129
Does the VHMA have a Code of Ethics?
Yes.
130
Which of the following are NOT acceptable contacts for employees to discuss client or patient confidences?
* G. A concerned co-worker.
## Footnote
This highlights the importance of maintaining confidentiality and limiting discussions to authorized individuals.
