1. Discuss employment law as it relates to health care. 2. Review the recruitment process for patient care staff. 3. Identify the steps in the employment process. 4. Review the importance of a résumé in the employment process. 5. Differentiate between the various types of interviewing techniques used in health care. 6. Differentiate between various types of questions used in the employment interview. 7. Identify the role of the nurse manager in the hiring process. There are a number of federal and state laws that play a major role in the employment of staff. It is very important that you have an understanding of these laws and any local or institution-specific regulations affecting the human resource function of your job. Understanding of these laws will decrease your exposure to liability in your hiring practices. The federal laws prohibiting job discrimination are as follows (http://www.eeoc.gov/abouteeo/overview_laws.html): • Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin • The Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination • The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older • Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments • Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government • The Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination. Included in these laws are laws that prohibit sexual harassment in the workplace (see Chapter 18). It is the responsibility of the organization to have human resource policies and procedures in place that are in compliance with the requirements of these laws (Table 15-1). Table 15-1 SELECTED FEDERAL LABOR LEGISLATION • Clinical nurse manager (http://www.anthc.org/mod/jobweb/pdf/06-236.pdf) • Nurse manager (http://www.hr.duke.edu/jobs/descr_duhs/select.php?ID=5062) • Staff nurse (http://hr.duke.edu/jobs/descr_campus/select.php?ID=304) All organizations will have a template for the job description. You need to familiarize yourself with the format in your organization. An effective job description needs to minimally include (1) title, (2) job objectives, and (3) a list of duties. As the job description is finalized, the job is “posted” according to the organization’s policies. The process of “posting” is the initial stage in the nine-stage process of recruitment (Huber, 2006). Both new nurses and nurse managers and leaders need to pay attention to their résumé. Tips for résumé writing are listed in Box 15-1. • The name and address may be centered on the page or split on each margin. • The name should be in a slightly larger font than the rest of the résumé. • The name should be in bold font. • List a telephone number where you can be reached; list a home and/or a cell phone number and make sure you have an answering machine or message capability so a message can be left for you (ensure that the greeting on the answering machine is appropriate for a potential employer to hear). • Use an e-mail address that is professional and appropriate; avoid “cutesy” e-mail addresses such as Cutesypie@… . • List your college name, city, and state (not street address) and the years attended. • List the graduation date or anticipated graduation date. • List the degree and major or program. • Give your grade point average (GPA) (if your overall GPA is not good, give your nursing GPA [e.g., Nursing GPA 3.5]). • Once you have graduated, you can list your degree first and then the school and date. • If you have graduated from a college or university, you do not need to list your high school. • List jobs starting with the most recent and work back from there. • List name of company, city, state (not street address), and years you worked (not months). • Use bullets to state your accomplishments. • Begin each bullet statement with an ACTION VERB. Use present tense for current job only; use past tense for all previous jobs. • Do not use “responsible for” or “duties include”; list accomplishments in each job. • If you have had jobs in the health care field or experience relevant to the job you are now seeking, give it more space on your résumé; jobs that are unrelated to what you are seeking can be given minimal space. • List any organizations that you were a member of as a student and/or other jobs you have had; list all honors and membership in honor societies. • Do not put “References available on request” at the bottom of the résumé. References are always listed in a separate page that you can take with you to an interview. • Do not list personal information (age, marital status, height, weight, etc.).
Management of Human Resources
EMPLOYEE LAW
Equal Employment Opportunity Laws
Year
Legislation
Primary Purpose of the Legislation
1935
Wagner Act; National Labor Act
Unions, National Labor Relations Board established
1947
Taft-Hartley Act
Equal balance of power between unions and management
1962
Executive Order 10988
Public employees could join unions
1963
Equal Pay Act
Became illegal to pay lower wages based on gender
1964
Civil Rights Act
Protected against discrimination based on race, color, creed, national origin, etc.
1967
Age Discrimination
Act protected against discrimination based on age
1970
Occupational Safety and Health Act
Ensured healthy and safe working conditions
1974
Wagner Amendments
Allowed nonprofit organizations to unionize
1990
Americans with Disabilities Act
Barred discrimination against workers with disabilities
1991
Civil Rights Act
Addressed sexual harassment in the workplace
1993
Family and Medical Leave Act
Allowed work leaves based on family and medical needs
THE EMPLOYMENT PROCESS
RÉSUMÉ WRITING
NAME AND ADDRESS SECTION
EDUCATION
JOB HISTORY
PROFESSIONAL AFFILIATIONS AND HONORS