Human Resource Management · 4 min read
Human Resource Management · Federal Employment Laws
Human Resource Management is the largest scored domain on the Nurse Executive exam. It covers the federal employment laws that govern the employer–employee relationship, the principles and styles of communication, cultural humility, the major leadership styles, and the skills of performance management, engagement and retention, and team performance management. Expect scenario questions that ask what the nurse leader should do first or which law or leadership approach applies.
Federal employment laws establish the legal framework for the employer–employee relationship in health care. Nurse leaders must understand them to keep the organization compliant and to protect both the institution and its workforce. The exam's content outline names the Family and Medical Leave Act, the Americans with Disabilities Act, the Fair Labor Standards Act, and the National Labor Relations Act as examples.
Title VII of the Civil Rights
Employers with 15+
Prohibits discrimination based on race, color, religion, sex, or national origin in
Act of 1964
employees
hiring, firing, pay, assignments, promotion, training, and other terms of employment; sexual harassment is a form of sex discrimination
Age Discrimination in
Employers with 20+
Protects workers aged 40 and older; mandatory retirement is generally
Employment Act (ADEA)
employees
prohibited; waivers must meet Older Workers Benefit Protection Act rules (21- day consideration, 7-day revocation period)
Americans with Disabilities
Employers with 15+
Prohibits discrimination against qualified individuals with disabilities; requires
Act (ADA)
employees
reasonable accommodation unless it causes undue hardship; restricts medical inquiries
Family and Medical Leave
Employers with 50+
Up to 12 weeks of unpaid, job-protected leave per year (26 weeks for military
Act (FMLA)
employees within 75
caregiver leave); health coverage maintained; restoration to the same or an
miles
equivalent position
Fair Labor Standards Act
Most employers
Minimum wage, overtime at 1.5 times the regular rate for hours over 40 in a
(FLSA)
workweek for nonexempt employees, recordkeeping, and child labor standards
National Labor Relations Act
Most private-sector
Protects the right to organize, form unions, bargain collectively, and engage in
(NLRA)
employers
concerted activity; supervisors and managers are excluded
Occupational Safety and
Most employers
A workplace free from recognized hazards (the general duty clause);
Health Act (OSH Act)
bloodborne pathogen, hazard communication, and PPE standards; injury and illness records
Equal Pay Act
Nearly all employers
Equal pay for men and women doing substantially equal work; differences allowed for seniority, merit, quantity or quality of production, or a factor other than sex
Genetic Information
Employers with 15+
Prohibits use of genetic information, including family medical history, in
Nondiscrimination Act
employees
employment decisions; requires confidentiality
(GINA)
Keyfederalemploymentlawsataglance(Continued)
| Law | Coverage | WhatItRequiresorProhibits |
|---|---|---|
| PregnancyDiscrimination | Employerswith15+ | Prohibitdiscriminationbasedonpregnancy childbirth orrelatedconditions , , |
| ActandPregnantWorkers | employees | and require reasonable accommodation of known pregnancy-related |
| FairnessAct | limitations | |
| COBRA | Grouphealthplans | Allowsemployeesanddependentstocontinuegrouphealthcoveragefora |
| ofemployerswith | limitedperiodafterqualifyingeventssuchasjobloss | |
| 20+employees |
Title VII and Harassment
Title VII recognizes two forms of sexual harassment: quid pro quo, in which employment decisions depend on submission to unwelcome sexual conduct, and hostile work environment, in which severe or pervasive conduct unreasonably interferes with work performance. The Equal Employment Opportunity Commission (EEOC) enforces Title VII, the ADA, the ADEA, GINA, and the Equal Pay Act. An employee must file a charge with the EEOC before suing under Title VII. Remedies include back pay, reinstatement, compensatory and punitive damages, and attorney fees.
The ADA and Reasonable Accommodation
A disability is a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having one. Reasonable accommodations include modified schedules, job restructuring, reassignment to a vacant position, equipment modification, and interpreters. The interactive process requires the employer and employee to work together to identify an effective accommodation. Medical examinations are prohibited before a job offer; a conditional offer may depend on a medical examination only when it is required of all entering employees in the same job category.
FMLA Eligibility
An employee is eligible for FMLA leave after 12 months with the employer and 1,250 hours worked in the preceding 12 months. Qualifying reasons are the birth and care of a newborn, placement of a child for adoption or foster care, care of a spouse, child, or parent with a serious health condition, and the employee's own serious health condition. Military family leave allows up to 26 weeks to care for a covered servicemember with a serious injury or illness.
FLSA Classification and the NLRA
Executive, administrative, and professional employees who meet the duties and salary tests are exempt from overtime. Misclassifying a nonexempt employee as exempt creates liability for unpaid overtime. Hours worked include all time an employee is required to be on duty or on the employer's premises. Under the NLRA, the National Labor Relations Board (NLRB) conducts union elections and investigates unfair labor practices. Employer unfair labor practices include interfering with the right to organize, dominating a labor organization, discriminating against employees for union activity, and refusing to bargain in good faith. Nurse leaders must know the limits of permissible employer conduct during an organizing campaign: they may share facts and opinions but may not threaten, interrogate, promise benefits, or spy on union activity.
Match the scenario to the law by its trigger: unpaid job-protected leave → FMLA; overtime or minimum wage → FLSA; accommodation for an impairment → ADA; union organizing → NLRA; race, sex, religion, or national origin
→ Title VII; age 40 and older → ADEA.
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