|Jan. 23, 2019 | www.fisherphillips.com|
Because arbitration proceedings often offer a less costly and more efficient alternative to the burdens of protracted courtroom litigation, arbitration agreements are increasingly common in the nursing home industry. However, the current legal landscape regarding arbitration clauses in nursing home admission agreements is an active and evolving area of the law, and providers should be aware of the latest developments.
Employer reports of bigoted or inappropriate comments made by customers to employees or other patrons have become increasingly common for employers in all industries. In the healthcare industry, this often takes the form of a patient requesting care from employees of a specific race or color. Honoring such discriminatory requests is a risky proposition. Failing to neutralize these situations may not only have a negative effect on workplace morale but could also lead to discrimination claims.
As a healthcare employer, it must be tempting to want to develop rigid workplace rules that will help newbie bosses reach conclusions almost automatically, especially where the best nurses or techs often become supervisors before obtaining much formal management training. Though well-intentioned, such practices can be disastrous in today’s legal environment, where plaintiffs’ lawyers and government enforcement agencies seem eager to second-guess employers’ decisions at every step.