Subject: Human Resource Management in Healthcare
topic: Background Checks and Legal Constraints
Federal and state laws protect the rights of individuals in regard to background checks. Human Resource Departments must follow strict guidelines when conducting background checks such as references, the Fair Credit Reporting Act, Federal Privacy Act of 1974, the Americans with Disabilities Act (ADA) and drug testing.
Identify and compare at least five requirements under the Federal Privacy Act of 1974 and five requirements under ADA. Explain the consequences of violating the ADA. Explain the consequences of violating Federal Privacy Act of 1974.
Justify your answers with appropriate research and reasoning.
Directions to student: The final paragraph (three or four sentences) of your initial post should summarize the one or two key points that you are making in your initial response. You will be writing three or more discussion posts per week.
Your main post must be two to three substantive paragraphs 150-200 total words and include at least two APA-formatted citations/references. Please follow up with two subsequent replies to colleagues. Each reply should consist of a relevant paragraph containing 100 words or more.
Use this textbook as a reference also:
Healthcare Human Resource Management, 3nd Ed, 2016Walter Flynn, Robert Mathis, John Jackson ad Sean ValentineSouth-Western/Cengage LearningISBN-13: 978-1-285-05753-.
Background Checks and Legal Constraints
The Privacy Act of 1974 requires that agencies should only collect relevant information, keep no secret record, explain why the information is needed, and how plus when it will be collected. The Act requires agencies to use the record only for the reasons why they were collected and provide safeguards against unauthorized access (Harrell & Rothstein, 2016). The agencies should also allow people to access their records for any correction. On the other hand, the Americans with Disabilities Act requires agencies to provide equal employment opportunities irrespective of disability, provide equal access to facilities such as hotels, and communicate in diverse ways that cater for the disabled (Durlak, 2017). The Act requires that agencies should customize public services to cater for the disabled. Additionally, the Act stipulates the way insurance regulations are applied to disabled people. The requirements in both the Privacy Act of 1974 and Americans with Disabilities Act have various similarities. One of the similarities is that they are intended to protect the interest of all citizens equally. They both prevent cases of discrimination due to a disability or after uncovering information about an individual.
The consequences of violating the Americans with Disabilities Act can attract steep penalties. The penalties range from $75,000 for first-time violation and $150,000 for subsequent violation (Durlak, 2017). Healthcare organizations can avoid such penalties by complying with Americans with Disabilities Act requirements of providing access and amenities for people with disabilities (Flynn, Mathis, Jackson & Valentine, 2015). Healthcare organizations can be sued for failing to comply with the Americans with Disabilities Act. The consequences of violating the Privacy Act of 1974 can attract a fine of up to $5,000 for willingly and knowingly disclosing information prohibited by the Act (Harrell & Rothstein, 2016). On the other hand, a person may be fined $5,000 for knowingly and willingly requesting disclosure of information protected under the Act.
Durlak, P. R. (2017). Disability at work: Understanding the impact of the ADA on the workplace. Sociology Compass, 11(5), 12475.
Flynn, W. J., Mathis, R. L., Jackson, J. H., & Valentine, S. R. (2015). Healthcare human resource management. Nelson Education.
Harrell, H. L., & Rothstein, M. A. (2016). Biobanking research and privacy laws in the United States. The Journal of Law, Medicine & Ethics, 44(1), 106-127.