Basics of employment law: understanding and dealing with adverse employment actions and discrimination in the...

In the present setting of fiscal and other constraints placed upon the business world during economically challenging times, there exists both intentional and unintentional opportunities for unfair and illegal treatment of employees. Hospitals and other health care facilities or organizations are not immune. In fact, given the demographics of our field and the general "graying" of our colleagues, a disproportionately higher number of perfusionists reside within the age-protected guidelines established by both federal and state law. Not coincidentally, the pressures on hospitals to stay solvent in the presence of decreasing reimbursement and declining revenues may well create a prescription for unfair treatment of employees. This article will explain the basic concepts of the protections afforded employees by law with regard to freedom from harassment and discrimination in the workplace. Matters related to the hostile workplace environment; age, sex, and race discrimination; and adverse employment actions will be explained and illustrated by applicable case law. In this regard, it is intended that this article will enhance the opportunity for perfusionists to be cognizant of both the express and implied behaviors (both verbal and nonverbal) that may be detrimental to an employment situation, as well as to be cognizant of some of the remedies at law available regarding adverse employment circumstances.