Employees and employers in the past have had open regulations that governed their legal, safety, and regulatory requirements. These loopholes made them tend to work and socialize with common sense and passion as their rule of law. This freedom had a mixed reaction from stakeholders thus leading to the establishment of various laws and acts that govern the workplace. The regulations that were established by U.S Department of Labor, the U.S Equal Employment Opportunity, the Americans Disability Act, and the Department of Homeland Security have replaced the initial trend of common sense with litigation. However, the regulations have its supporters and critics. As a Respiratory Therapist who works with people from different backgrounds, I concur that regulations made by the U.S government protect employers, employees, and clients at their workplace.
Litigation is the act of using a court system in pursuance of justice between parties with a civil dispute. Litigation has replaced the old system of common sense and passion that was the norm in the working place. Use of common sense promoted corruption and discrimination within human resources and the cases went unreported. Within the healthcare sector, the replacement of common sense with litigation has had its positive impacts too. In the U.S department of labor, the employment law has reviewed work place policies and procedures thus protecting employees from ever exploitation. The law has systematic dismissal and termination procedures, which protect employees. Work place privacy laws, which are within, this department protects patients’ confidential information in the health sector thus of equal importance too (U.S Superintendent of Documents, 2002).
The U.S Equal Employment Opportunity Commission has seen various modes of discrimination and illegal practices eliminated. The commission, along with its recent reforms, protects religion discrimination in employment. An n example is the employment of nurses in catholic missionary hospitals that based on the faith of the employee. The commission overrules such acts thus setting equal employment opportunities to all religions. The law thus protecting the employee in the healthcare sector and other potential employers has curbed employers who ask for sexual favors (Ada Editor’s Note, 1990).
The amendments made on the Americans Disability Act of 1990 include an inclusion of the auxiliary services that persons with disabilities are entitled to, either as employers, employees, or clients. These amendments are of immense importance to both employees and patients in the healthcare sector. This implies that any employee in the sector has the right to access services such as qualified interpreters, qualified readers, taped text and any modification that deem fit and compatible with the disability. These are rights that persons with disabilities have been less enjoying at the workplace or as clients. The most affected group was persons with disabilities at interviews. Other inclusions include an added list of defects that fall under the definition of a disabled person. A notable omission in the Americans Disability Act of 1990 is the discrimination that existed in the old Act. The old act categorized qualified persons as either those qualified employees with disabilities or qualified employees without disabilities. The new act only recognizes someone as a qualified employee. This does not only regulate discrimination but also promotes social interactions and equality of employees, employers and clients (Ada Editor’s Note, 1990).
Protection of employers’ security was limited in the era of common sense and passion. However, the Department of Homeland Security has laid down strict measures that prohibit acts such as hacking and illegal acquisition of employers’ details. This ensures that the economic security of employers and the country are under protection. The department also stipulates the working conditions that an employer provides in terms of infrastructure. This protects the employer, employee, and clients from life threatening infrastructure at the work place. This act is of considerable importance in the sensitive health sector. The employees of the health sector get an assurance of using tools that will not make them contract diseases from their clients. The same applies to patients who get rights on using quality and appropriate tools in hospitals (PDC Baristers and Solicitors, 1998).
In conclusion, the positive effects provided by the replacement of common sense with litigation are numerous. They range from equality to the protection of employers, employees, and clients. These rights never happened in times of common sense and passion as the rule of law in the workplace.