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

PHAR 746PHAR 746Pharmacy ManagementPharmacy Management

Stacy Ramirez, Pharm.D.Stacy Ramirez, Pharm.D.

Clinical Assistant ProfessorClinical Assistant Professor

Department of Pharmacy Department of Pharmacy PracticePractice

GoalGoal

Discuss key labor laws and actsDiscuss key labor laws and acts Examine procedures to hire, train, Examine procedures to hire, train,

promote, and terminate promote, and terminate employeesemployees

Health Care Workforce Health Care Workforce ChangesChanges AGE: Great depression/WWII era AGE: Great depression/WWII era

workers, Baby Boomers, Generation X workers, Baby Boomers, Generation X and Generation Y all see the world from and Generation Y all see the world from a different vantage pointa different vantage point

RACE: Moving from a majority culture RACE: Moving from a majority culture (1995), to diversity (2005), to (1995), to diversity (2005), to multicultural (2025), particularly in the multicultural (2025), particularly in the SouthwestSouthwest

Health Care Workforce Health Care Workforce ChangesChanges

GENDER: Dramatic expansion of career GENDER: Dramatic expansion of career opportunities for women over the past opportunities for women over the past 30 years, no longer restricted to nursing 30 years, no longer restricted to nursing and teachingand teaching

Human ResourceHuman Resource

Hiring, training, promoting, terminatingHiring, training, promoting, terminating Benefit Management Benefit Management

– Health and Welfare Health and Welfare – Retirement Plans Retirement Plans – Leave of Absence Leave of Absence – Disability / Liability InsuranceDisability / Liability Insurance

Compensation ManagementCompensation Management– Salary Schedules Salary Schedules – Competitor AnalysisCompetitor Analysis– Payroll Payroll


Employee RelationsEmployee Relations– GrievanceGrievance– Policy InterpretationsPolicy Interpretations– Records Records

Union Relations Union Relations – Contract Negotiation Contract Negotiation – Contract Enforcement Contract Enforcement

Succession Planning and DevelopmentSuccession Planning and Development


Policy development Policy development Organizational Structure Organizational Structure

– Job Descriptions Job Descriptions – Reporting Structure Reporting Structure

Equal Employment Opportunity TrackingEqual Employment Opportunity Tracking Recruiting Recruiting Risk Management Risk Management Law EnforcementLaw Enforcement

Labor LawsLabor Laws

Title Title VII - Equal Employment Opportunity VII - Equal Employment Opportunity (EEO)(EEO)

Part of The Civil right act of 1964Part of The Civil right act of 1964 Sexual Harassment Sexual Harassment Hostile Work EnvironmentHostile Work Environment Race Discrimination Race Discrimination Religious DiscriminationReligious Discrimination Equal pay act of 1963Equal pay act of 1963 Age Discrimination in Employment Act of Age Discrimination in Employment Act of

1990 1990


Equal Employment Opportunity Equal Employment Opportunity CommissionCommission

Prevention of Unlawful Employment Prevention of Unlawful Employment Practice (Discrimination)Practice (Discrimination)

5 members (<3 of the same political 5 members (<3 of the same political party)party)

Appointed by the President Appointed by the President Reports to Congress and the President Reports to Congress and the President

each fiscal yeareach fiscal year


Title VII of the Civil Right Act of 1964Title VII of the Civil Right Act of 1964 Fail or Refuse to HireFail or Refuse to Hire Discharge Discharge Discriminate with respect to Discriminate with respect to

compensation, terms or privilegescompensation, terms or privileges Deprive OpportunityDeprive Opportunity Deprive Apprenticeship or Training Deprive Apprenticeship or Training Race, color, religion, sex, or national Race, color, religion, sex, or national

originorigin


Sexual HarassmentSexual Harassment When this conduct explicitly or When this conduct explicitly or

implicitly affects an individual's implicitly affects an individual's employment, unreasonably interferes employment, unreasonably interferes with an individual's work performancewith an individual's work performance

Creates an intimidating, hostile, or Creates an intimidating, hostile, or offensive work environmentoffensive work environment


Sexual HarassmentSexual Harassment Form of sex discrimination and violates Form of sex discrimination and violates

Title vii Title vii Unwelcome sexual advances, requests Unwelcome sexual advances, requests

for sexual favors, and other verbal or for sexual favors, and other verbal or physical conduct of a sexual naturephysical conduct of a sexual nature


Sexual HarassmentSexual Harassment The victim as well as the harasser may The victim as well as the harasser may

be a woman or a man. be a woman or a man. The harasser can be the victim's The harasser can be the victim's

supervisor or an agent of the employersupervisor or an agent of the employer


Sexual HarassmentSexual Harassment The victim does not have to be the The victim does not have to be the

person harassed but could be anyone person harassed but could be anyone affected by the offensive conduct. affected by the offensive conduct.

Unlawful sexual harassment may occur Unlawful sexual harassment may occur without economic injury to or without economic injury to or discharge of the victim. discharge of the victim.


Sexual HarassmentSexual Harassment The harasser's conduct must be The harasser's conduct must be

unwelcomeunwelcome IMPACT not INTENTIMPACT not INTENT EEOC looks at the whole record: the EEOC looks at the whole record: the

circumstances, such as the nature of circumstances, such as the nature of the sexual advances, and the context the sexual advances, and the context in which the alleged incidents in which the alleged incidents occurred. occurred.


Sexual HarassmentSexual Harassment FY 2005, EEOC received 12,679 FY 2005, EEOC received 12,679

charges of sexual harassment. charges of sexual harassment. – 14.3% of those charges were filed by 14.3% of those charges were filed by

males.males. EEOC resolved 12,859 sexual EEOC resolved 12,859 sexual

harassment charges in FY 2004 and harassment charges in FY 2004 and recovered $47.9 million in monetary recovered $47.9 million in monetary benefits.benefits.


Racial DiscriminationRacial Discrimination Title VII prohibits offensive conduct, Title VII prohibits offensive conduct,

such as racial or ethnic slurs, racial such as racial or ethnic slurs, racial "jokes," derogatory comments, or "jokes," derogatory comments, or other verbal or physical conduct based other verbal or physical conduct based on an individual's race/color. on an individual's race/color.


Racial DiscriminationRacial Discrimination The conduct has to be unwelcome and The conduct has to be unwelcome and

offensive, and has to be severe or offensive, and has to be severe or pervasive.pervasive.

Employers are required to take Employers are required to take appropriate steps to prevent and appropriate steps to prevent and correct unlawful harassment. correct unlawful harassment.


Racial DiscriminationRacial Discrimination FY 2005, EEOC received 26,740 FY 2005, EEOC received 26,740

charges of racial discrimination. charges of racial discrimination. Recovered $76.5 million in Recovered $76.5 million in

monetary benefits for charging monetary benefits for charging parties and other aggrieved parties and other aggrieved individuals (not including individuals (not including monetary benefits obtained monetary benefits obtained through litigation). through litigation).


Religious DiscriminationReligious Discrimination May not refuse to hireMay not refuse to hire May not impose stricter promotion May not impose stricter promotion

requirementsrequirements May not impose more or different work May not impose more or different work

requirements requirements Employees cannot be forced to participate Employees cannot be forced to participate

-- or not participate -- in a religious activity -- or not participate -- in a religious activity as a condition of employment. as a condition of employment.


Religious DiscriminationReligious Discrimination Must reasonably accommodate Must reasonably accommodate

employees' sincerely held religious employees' sincerely held religious practices unless doing so would impose practices unless doing so would impose an undue hardship on the employer.an undue hardship on the employer.

Accommodate an employee's religious Accommodate an employee's religious beliefs or practices by allowing: flexible beliefs or practices by allowing: flexible scheduling, voluntary substitutions or scheduling, voluntary substitutions or swaps, job reassignments and lateral swaps, job reassignments and lateral transfers, modification of grooming transfers, modification of grooming requirements and other workplace requirements and other workplace practices, policies and/or procedures. practices, policies and/or procedures.


Religious DiscriminationReligious Discrimination FY 2005, EEOC received 2,340 FY 2005, EEOC received 2,340

charges of religious discrimination.charges of religious discrimination. Recovered $6.1 million in monetary Recovered $6.1 million in monetary

benefits for charging parties and benefits for charging parties and other aggrieved individuals (not other aggrieved individuals (not including monetary benefits including monetary benefits obtained through litigation).obtained through litigation).


Equal pay act of 1963Equal 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 Equal work on jobs the performance of

which requires equal skill,effort, and which requires equal skill,effort, and responsibility, and which are performed responsibility, and which are performed under similar workingconditions, under similar workingconditions,

Exceptions Exceptions – Seniority or Merit SystemSeniority or Merit System– System which measures earnings by quantity or System which measures earnings by quantity or

quality of productionquality of production


Age Discrimination in Employment Act of Age Discrimination in Employment Act of 19671967

Protects individuals who are 40 years Protects individuals who are 40 years of age or older from employment of age or older from employment discrimination based on age. The discrimination based on age. The ADEA's protections apply to both ADEA's protections apply to both employees and job applicants. employees and job applicants.



It is unlawful to discriminate against a It is unlawful to discriminate against a person because of his/her age with person because of his/her age with respect to any term, condition, or respect to any term, condition, or privilege of employment, including privilege of employment, including hiring, firing, promotion, layoff, hiring, firing, promotion, layoff, compensation, benefits, job compensation, benefits, job assignments, and training.assignments, and training.



It is also unlawful to retaliate against an It is also unlawful to retaliate against an individual for opposing employment individual for opposing employment practices that discriminate based on age practices that discriminate based on age or for filing an age discrimination charge, or for filing an age discrimination charge, testifying, or participating in any way in testifying, or participating in any way in an investigation, proceeding, or litigation an investigation, proceeding, or litigation under the ADEA.under the ADEA.


Americans with Disabilities Act of Americans with Disabilities Act of 19901990

Individual with a “disability'' means Individual with a “disability'' means an individual with a disability who, an individual with a disability who, with or without reasonable with or without reasonable accommodation, can perform the accommodation, can perform the essential functions of the essential functions of the employment position that such employment position that such individual holds or desiresindividual holds or desires


Americans with Disabilities Act of 1990Americans with Disabilities Act of 1990

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


Fair Labor Standards Act Fair Labor Standards Act The FLSA requires employers to pay covered The FLSA requires employers to pay covered

employees who are not otherwise exempt at employees who are not otherwise exempt at least the federal minimum wage and overtime least the federal minimum wage and overtime pay for all hours worked over 40 in a work pay for all hours worked over 40 in a work week.week.

Covered employees must be paid for all hours Covered employees must be paid for all hours worked in a work week. This includes worked worked in a work week. This includes worked performed at home, travel time, waiting time, performed at home, travel time, waiting time, training and probationary periods. training and probationary periods.


Family and Medical Leave ActFamily and Medical Leave Act Covered employers are required to Covered employers are required to

provide eligible employees up to 12 provide eligible employees up to 12 weeks of unpaid leave each year forweeks of unpaid leave each year for::– Birth of a child Birth of a child – The placement of an adopted or foster child The placement of an adopted or foster child – To care for a child, spouse, parent with a To care for a child, spouse, parent with a

serious health condition serious health condition – For the employees own serious health For the employees own serious health

conditioncondition


Family and Medical Leave ActFamily and Medical Leave Act FMLA requires covered employers to FMLA requires covered employers to

continue health benefits coverage continue health benefits coverage during the leave. After completion of during the leave. After completion of the leave, the employer must be the leave, the employer must be restored to the same or equivalent restored to the same or equivalent position. position.


Job RequirementsJob Requirements Job requirements must be uniformly Job requirements must be uniformly

and consistently applied to persons of and consistently applied to persons of all races and colors. all races and colors.

If it is not important for the job If it is not important for the job performance or business needs, the performance or business needs, the requirment may be found unlawful if it requirment may be found unlawful if it excludes persons of a certain racial excludes persons of a certain racial group or color group or color


Recruiting, Hiring, and AdvancementRecruiting, Hiring, and Advancement Examples of potentially unlawful Examples of potentially unlawful

practices includepractices include– soliciting applications only from sources in soliciting applications only from sources in

which all or most potential workers are of the which all or most potential workers are of the same race or colorsame race or color

– requiring applicants to have a certain requiring applicants to have a certain educational background that is not important educational background that is not important for job performance or business needsfor job performance or business needs

– testing applicants for knowledge, skills or testing applicants for knowledge, skills or abilities that are not important for job abilities that are not important for job performance or business needs. performance or business needs.


Illegal Interview Illegal Interview QuestionsQuestions

Race Race Color Color Sex Sex ReligionReligion Sexual orientationSexual orientation Gender identity Gender identity

National origin National origin Birthplace Birthplace Age Age Disability Disability Marital/family Marital/family

statusstatus


Subject: NationalitySubject: Nationality

Illegal: Illegal:

Are you a U.S. citizen? Where Are you a U.S. citizen? Where were you/your parents born? What were you/your parents born? What is your "native tongue?"is your "native tongue?"

Legal: Legal:

Are you authorized to work in the Are you authorized to work in the United States? What languages do United States? What languages do you read, speak or write fluently? you read, speak or write fluently?


Subject: AgeSubject: Age

Illegal: Illegal:

How old are you? When did you How old are you? When did you graduate from college? What is graduate from college? What is your birthdate?your birthdate?

Legal: Legal:

Are you over the age of 18?Are you over the age of 18?


Subject: Marital/Family statusSubject: Marital/Family statusIllegal:Illegal:

What's your marital status? Who do What's your marital status? Who do you live with? Do you plan to have you live with? Do you plan to have a family? When? How many kids do a family? When? How many kids do you have?; What are your child care you have?; What are your child care arrangements?arrangements?


Subject: Marital/Family statusSubject: Marital/Family statusLegal: Legal:

Would you be willing to relocate if Would you be willing to relocate if necessary? Travel is an important necessary? Travel is an important part of the job. Would you be part of the job. Would you be willing to travel as needed by the willing to travel as needed by the job? This job requires overtime job? This job requires overtime occasionally. Would you be able occasionally. Would you be able and willing to work overtime as and willing to work overtime as necessary? necessary?


Subject: DisabilitiesSubject: DisabilitiesIllegal: Illegal:

Do you have any disabilities? Do you have any disabilities? Please complete the following Please complete the following medical history? Have you had any medical history? Have you had any recent or past illnesses or recent or past illnesses or operations? What was the date of operations? What was the date of your last physical exam? When did your last physical exam? When did you lose your eyesight?you lose your eyesight?


Subject: DisabilitiesSubject: DisabilitiesLegal: Legal:

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


Subject: Arrest recordSubject: Arrest record

Illegal: Illegal:

Have you ever been arrested?Have you ever been arrested?

Legal: Legal:

Have you ever been convicted of _____? Have you ever been convicted of _____? (The crime should be reasonably (The crime should be reasonably related to the performance of the job in related to the performance of the job in question.question.


Progressive DisciplineProgressive Discipline

Progressive discipline is a process Progressive discipline is a process for dealing with job-related behavior for dealing with job-related behavior

that does not meet expected and that does not meet expected and communicated performance communicated performance

standards. The primary purpose for standards. The primary purpose for progressive discipline is to assist the progressive discipline is to assist the

employee to understand that a employee to understand that a performance problem or opportunity performance problem or opportunity

for improvement exists.for improvement exists.


Progressive DisciplineProgressive Discipline Does not function as “punishment”Does not function as “punishment” Enables employees to succeed Enables employees to succeed Increasing formal efforts to correct Increasing formal efforts to correct

behavior, attitude and / or behavior, attitude and / or performanceperformance

Provides DocumentationProvides Documentation Enables fair termination processEnables fair termination process


TerminationsTerminations The decision to terminate an The decision to terminate an

individual’s employment carries individual’s employment carries with it the risk of a possible legal with it the risk of a possible legal challenge. challenge.

Depending upon an employer’s Depending upon an employer’s policies or whether an employee policies or whether an employee has an employment contract, an has an employment contract, an employee may, for example, have a employee may, for example, have a breach of contract or “breach of contract or “wrongful wrongful discharge”discharge” claim. claim.


TerminationsTerminations An “An “at-will”at-will” employer - that is, an employer - that is, an

employer who reserves the right to employer who reserves the right to terminate employees without cause terminate employees without cause - generally does not need to worry - generally does not need to worry about such claims. Like all other about such claims. Like all other employers, however, an at-will employers, however, an at-will employer still must be concerned employer still must be concerned about many other possible claims.about many other possible claims.


TerminationsTerminations Legitimate Business Reasons for Legitimate Business Reasons for

Employment Termination could Employment Termination could includeinclude– Misconduct Misconduct – Poor performancePoor performance– ReorganizationReorganization– Elimination of position Elimination of position – Financial considerationsFinancial considerations


TerminationsTerminations Does the employee have a legitimate Does the employee have a legitimate

explanation for his/her actions or poor explanation for his/her actions or poor performance? performance?

Does the punishment “fit the crime”?Does the punishment “fit the crime”? Is the decision to terminate Is the decision to terminate

inconsistent with previous actions of inconsistent with previous actions of the employer?the employer?

Is the decision to terminate Is the decision to terminate premature? premature?

Your mom was right: Treat Your mom was right: Treat everyone with dignity and everyone with dignity and

respect! respect!

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

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