Module 2 Homework
Risk Management and Health Care Regulations
Angie Martinez
Grand Canyon University

Module 2 Homework

1) There are several processes involved in a wrongful discharge. This is a fairly new and quickly expanding area that involves litigation, and this is an area that employers would rather avoid. About 65%-70% of worker’s are thought to be employees at will which means that an employer may fire an employee at any time for any reason, as long as the reason is lawful (Kavaler & Spiegel, 2003, p. 57). In order to avoid litigation employers push for arbitration to assist in settling cases. State laws determine if arbitration is allowed (Kavaler & Spiegel, 2003, p. 58). The risk management director will explore whatever legal avenues available to prevent litigation. Employers must keep a paper trail for problem employees that way if an employee gets fired; it will be considered fair because there is documentation. This is a part of due process. To simplify due process, it basically means steps that have to be followed before an employee can be terminated. It is the job of human resources to ensure that each and every step is followed. In a court case the employee will most likely win if due process is not followed. Due process is coupled with progressive disciplinary procedures (Grand Canyon University). There is only one way of avoiding wrongful dismissal, it is to do the right thing.

2) Three diverse discrimination theories lie beneath the three kinds of employment discrimination.
a) Individual Disparate Treatment- In this principle, the employee alleges that the employer treats him/her unjustly and discriminates against him/her because of various reasons (Grand Canyon University). In this theory, the burden of proof lies on the employee. The proof can be direct or indirect (Kavaler & Spiegel, 2003, p. 62). An example of indirect