HR policies can protect you from harassment cases

Cultural shifts in the medical profession reflect a positive trend, but a new study shows that professionals encounter racial and sexual harassment. Do you have a human resources policy in place to protect your employees and your practice?

Effectively using a healthcare attorney is critical to your practice's legal health

Attorney jokes are legendary among physicians. However, in today's healthcare climate physicians can benefit by having a collaborative relationship with a trusted legal partner--one who understands the business and regulations of medicine as well as the law.

Practical employment strategies: win-win solutions for dentists and their employees

The profession of dentistry is also the business of dentistry and subject to the same employment laws as any other small business. Wrongful termination, discrimination, and harassment claims are on the rise in large part because dental employers often do not understand their basic employment law obligations. Good intentions do not offset inadequate office policies and documentation. Implementing, communicating, and evenly enforcing employment policies will reduce claims and promote office moral and productivity.

Holy headache. Accommodating employees' religious beliefs and practices

How much accommodation does your practice have to make for employees' religious beliefs? Recent court decisions offer guidance.

Commentary: the ACGME: public advocacy before resident advocacy

In their insightful and provocative analysis in this issue, Drs. Lypson, Hamstra, and Colletti propose that the Accreditation Council for Graduate Medical Education (ACGME), with some modifications in process, might assume the role of unions or other collective bargaining units for residents. They make valid observations about aspects of the ACGME Institutional Requirements that pertain to resident safety and well-being and the environment in which residents learn and participate in care. To understand the nature of these requirements, the authors reiterate the ACGME's role as an educational accreditor and the philosophical basis for its accreditation function. The authors conclude that the ACGME cannot and will not replace resident unions, associations, or other groups where residents perceive the need arising for the presence of these organizations.

Is the accreditation council for graduate medical education a suitable proxy for resident unions?

In 1999, the National Labor Relations Board reversed its own rulings and determined that resident physicians were categorized as employees and not students under the National Labor Relations Act in the private sector. This change opened the door for residents to collectively bargain for employment benefits. Concerns were raised that conflicts in the area of service-versus-educational demands on residents' time were better handled by the Accreditation Council for Graduate Medical Education (ACGME) than by residents' unions. This article explores the extent to which conflicts exist between advocating for working conditions and for educational issues and, more specifically, whether there are any resident interests that are not covered by current ACGME regulations. In other words, has the ACGME evolved into a reasonable proxy for resident unions? The authors describe their experience with the University of Michigan House Officer Association, mutual gains bargaining, the impact that the ACGME 2003 and 2007 institutional requirements have had on employment contracts, and whether these requirements clarify or confuse resident issues. To date, the ACGME continues to revise its requirements, many of which preempt and exceed the power that most local unions have. However, only blunt tools (e.g., removal of accreditation) are available to the ACGME to address violations of requirements. The ACGME, to potentially function as a full resident union, would need to find more precise methods for timely feedback to both resident and hospital parties as well as more powerful tools to deal with violations of its regulations and requirements.

The Genetic Information Nondiscrimination Act: why your personal genetics are still vulnerable to discrimination

Genetic research offers great potential for early treatment and the prevention of numerous diseases. As technology continues to advance, ethical, legal, and social challenges continue to present themselves. The Genetic Information Nondiscrimination Act (GINA) looks to protect an individual's genetic information from employer and insurance discrimination while encouraging Americans to take advantage of genetic testing to prevent and prepare for potential diseases. GINA will do more than stamp out a new form of discrimination: it will help the United States be a leader in a field of scientific research that holds as much promise as any other in history.

Employee relations

This review highlights some of the more important employee relation aspects involved in starting, establishing, or expanding an existing dental practice. Despite a competitive compensation package, staff-related conflicts can sometimes hamper the progress of a dental practice. Such conflicts can be reduced by having policies and procedures in place for each employee that set expectations concerning the hours of operation, professional manner, dress code, job tasks, performance evaluations, disciplinary actions, and termination if violations occur. Understanding the legal requirements set by various governmental agencies such as OSHA can help ensure that the rights and well-being of every employee are protected.