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Having The Right Physician Lawyer Is Essential

Having the right physician lawyer is critical, especially in navigating the complex landscape of state and federal employment laws. These regulations impact both employers and employees and can present different challenges in the healthcare field than in other areas. Many physicians are unaware of state and federal discrimination laws, inadvertently act unlawfully, and face liability for those actions. With the right legal expertise and knowledge about both employment and healthcare law, physicians can better protect their rights and interests, be and stay in compliance, and focus on delivering quality healthcare. Here are some of the areas in which a physician lawyer can help you and your medical practice.

Getting professional advice from physician employment law lawyer, Barney Cohen, and understanding which laws apply to a particular situation before action is taken can save your professional practice and thousands of dollars in future bills.

If Barney Cohen can help you, call him now for a free consultation at 312-804-1739 or send an email to barney@conciergehealthcareattorneysllc.com

Federal Discrimination Laws

As stated above, there are laws at both the federal and state level that can apply to a medical practice. State laws will vary depending on which state you are in. Federal laws apply to all.
According to the EEOC, the number of employees in your medical practice will impact what federal laws apply to you. For this reason, it is important to know how many employees your medical practice has and to keep an eye on that number periodically, as new requirements may apply if you hire additional employees.

If your medical practice has at least one employee, you must provide equal pay for equal work for male and female employees.

If your medical practice has 15 to 99 employees, you must do the above and refrain from actions that discriminate based on race, color, religion, sex (pregnancy, sexual orientation, or gender identity), national origin, disability, and genetic information.

If your medical practice has 20 or more employees, you must do all of the above and not discriminate on the basis of age (40 or older).

How Can I Protect My Medical Practice Against Discrimination Suits?

A medical practice can take various actions to protect itself against discrimination suits. Broadly, these include contracts, policies, and practices.

Non-Discrimination Policies

One of the simplest things a medical practice should do is craft a written non-discrimination policy. The policy should specify what constitutes discrimination and cite both federal and state law.

It should also be clear what the employee’s rights are if the employee believes he or she has been discriminated against. Employees should have at least two alternatives for reporting discrimination, including one that bypasses the person who allegedly discriminated against them. Employees should also understand that there will be no retaliation for making a discrimination complaint.

Medical practice employers must also print the non-discrimination policy in the company’s employee handbook or otherwise disseminate it. A copy should also be posted in a breakroom. An employer should review the policy with each employee. Each employee should also sign an acknowledgment that they have received, read, and understood the policy’s content.

Sexual Harassment Policy

A medical practice should also have a sexual harassment policy. The policy should define sexual harassment as any unwelcome sexual behavior, including advances, requests for favors, or other verbal or physical actions that impact employment decisions or create an intimidating, hostile, or offensive work environment. This includes behavior that unreasonably interferes with an individual’s work performance or affects the terms and conditions of their employment.

When an employee faces a hostile work environment due to harassment by a coworker, the employer is liable if they knew, or reasonably should have known, about the harassment and failed to take prompt and appropriate action. If an employee experiences a negative employment consequence, like demotion or termination, due to sexual harassment from a superior (such as refusing sexual advances), the employer is strictly liable. In situations where a supervisor creates a hostile environment without a direct impact on employment status, the employer will be liable if the employee follows the company’s policy steps but the employer does not take sufficient action to prevent or resolve the issue.

Pregnant Employees

Pregnancy must be treated like any other temporary disability by medical practice employers. For instance, if a male employee is permitted three months off following a heart attack, a pregnant employee must also be allowed the necessary time off as directed by her doctor. Similarly, policies requiring mandatory maternity leave unrelated to an employee’s ability to work are not permitted. Even if the intent is to protect an unborn child, it is illegal to discharge a pregnant employee unless it is proven that no alternative options exist or that the employee would face unavoidable exposure to dangerous levels of radiation or similarly toxic conditions uniquely affecting women. Ultimately, physicians should handle all temporarily disabled workers, including pregnant employees, with consistency and fairness and should avoid asking prospective employees about plans to become pregnant.

Hiring and Firing

Physician employers should also be very mindful of discrimination issues both when hiring and firing.
One area in which to exercise caution relates to physician employment contracts. Physician employment contracts play a crucial role in outlining the terms, expectations, and protections for both physicians and their employers. One critical area addressed in these contracts is anti-discrimination clauses.

Discrimination in physician employment can also extend to unfair treatment in career advancement, pay disparities, and workplace harassment. A well-drafted employment agreement ensures physicians understand their rights and provides a basis for legal recourse if discrimination occurs. For example, if a female physician faces pay inequity or is penalized for taking maternity leave, anti-discrimination clauses in her employment agreement can help her pursue corrective action.

With regard to firing, while many employers offer one to two weeks of severance pay for each year of service, employees can request more. A good guideline is to ask for four weeks of severance per year worked. When offering or receiving severance pay in exchange for releasing claims—including those under the Age Discrimination in Employment Act (ADEA)—the employee must receive something extra beyond their usual entitlements, like accrued vacation pay. Additionally, they must be given 21 days to review the offer, which should specifically mention the release of ADEA rights or claims, and have seven days to withdraw their acceptance. Employers are also required to advise the employee to seek legal counsel. If the offer is part of an early retirement package, the employee should have 45 days to consider it.

Continuing Education for Staff

Having a medical practice that does not inadvertently discriminate is an intentional and ongoing task. All employees in a medical practice should review what constitutes illegal discrimination and harassment, as well as the medical practice’s complaint procedures. This conversation is something that a physician lawyer can facilitate.

Contact an Experienced Physician Lawyer

Physicians who are accused of discrimination can get engaged in costly (both financially and professionally) legal battles. By putting solid policies in place in your medical practice, you can lower your risk of facing legal consequences. A physician employment lawyer can help protect your medical practice or help you navigate an employment discrimination matter. With more than 40 years of experience with discrimination matters and other issues affecting medical practices, Concierge Healthcare Attorneys, LLC can protect your practice.

If you are in need of an experienced physician lawyer anywhere in the United States, Barney Cohen of Concierge Healthcare Attorneys, LLC is here to serve you.

For additional guidance see: AMA Principles for Physician Employment

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