Should Genetic Testing for Variants Associated with Influenza Infection Be Mandatory for Health Care Employees?

Scientists are beginning to understand more about the role of host genetics in individuals' responses to influenza virus exposure. This fictional case addresses a situation in which a health care organization proposes requiring all health care practitioners with direct patient care responsibilities to undergo mandatory genetic testing for genetic variants used to (1) predict individuals' responses to the influenza vaccine, (2) determine individual susceptibility to influenza infection, and (3) identify individuals at increased risk for severe disease. This commentary will discuss ethical and legal issues associated with use of genetic test results to determine employee work assignments during an influenza pandemic.

Rightful Discharge: Making "Termination" Mean It Is Really Over: Part 1-Issues and Legislation.

One of the most difficult undertakings for any employer is carrying out a decision to terminate an employee. Of all the employment-related actions taken by employers, the act of termination creates the greatest risk of legal liability. Many claims of employment discrimination filed with the Equal Employment Opportunity Commission arise from the act of termination. In many federal courts, employment-related lawsuits account for more than 50% of all court filings; these lawsuits cover a wide range of subjects, such as failure to hire, defamation, breach of contract, and harassment, to name a few. However, most employees sue because they have lost their job or fear they will lose their job. Because these individuals have virtually nothing to lose, they often see filing a claim with the Equal Employment Opportunity Commission or filing a lawsuit as the only viable option-often suing for wrongful discharge. With a thoughtful review of the issues and the legislation addressed in this article, health care managers can reduce the unnecessary risk of expensive, time-consuming litigation.

It Doesn't Have to End in Disaster: A Case for Employment Compliance.

It only takes one unhappy or disgruntled person to create a legal nightmare for you. There's no need to take this gamble. All it takes is awareness, commitment and action on your part. Once you have your HR house in order and have implemented a sound HR program in your practice, you also can feel good about knowing you are giving your staff every protection due to them under the law and every opportunity to be happy and successful in your practice. For yourself, you will be minimizing your risks and protecting your most valuable asset--your practice. You also will have given yourself the gift of peace of mind.

Rightful Discharge: Making "Termination" Mean It's REALLY Over Part 2-Proper Documentation.

The importance of proper documentation when taking any type of disciplinary action, particularly a termination, cannot be overstated. Proper documentation is a fundamental requirement placed upon employers by the courts when determining whether a termination is "legal." The following sample forms do not encompass all types of documentation that may be required for a given set of circumstances; they do provide the framework for health care managers to fashion their own forms to fit their employer's needs.