From an employment law perspective, discuss the issues that need to be addressed based on

Doug’s actions. Please defend your response.

From an employment law perspective, the issues that need to be addressed based on Doug’s
actions is the working condition he is in and the use of social media. Although there is no
particular legislation addressing workplace stress, companies are required to safeguard the
health, safety, and welfare of their employees under the Health and Safety at Work Act (The
Careers Blog, 2010). It is critical to educate employees about social media and to set clear and
consistent rules and procedures for participating on social media (Starkman, 2017). Employers
must also be wary of infringing on employees' rights to address issues such as working
conditions and pay (Starkman, 2017). Because this type of activity is frequently protected,
businesses should proceed with caution when developing or enforcing social media rules
(Starkman, 2017).
The Constitution often protects individual rights to freedom of speech, is this a scenario
where Doug would be protected under the constitution? Do the location where the events
occurred play a role? Please explain your reasoning.
This is a scenario where Doug wouldn’t be protected under the constitution. You have the right to
say or publish whatever you want, according to the First Amendment (Offringa, 2018). You do
not, however, have the right to threaten or endanger others through your speech, whether written
or spoken, and businesses are under no legal obligation to protect your views from the
consequences of your actions (Offringa, 2018). Because social media is owned and controlled by
private businesses, freedom of expression does not apply (Offringa, 2018). A social media site's
owner has the legal authority to decide what may and cannot be said on the platform (Offringa,
2018).
ECPI eHospital has determined Doug needs remediation so please explain the steps you
would take to provide remediation. Please identify a minimum of two.
1. Implement a threat monitoring strategy that allows your security team to acquire
information about new or emerging risks that may harm your company on a regular
basis: It is critical for a security staff to remain up to date on these risks (BeyondTrust
Blog, 2017). They accomplish this through evaluating vendor notifications of threats,
patches, and system upgrades, as well as receiving information from US CERT, which is
always up to current with the most recent information (BeyondTrust Blog, 2017).
Vulnerability remediation management must handle any dangers discovered by the team
(BeyondTrust Blog, 2017).
2. Set up and stick to a set of baseline configurations: Using documented settings and
appropriate regulations, standardize the setup of similar technological assets within an
organization (BeyondTrust Blog, 2017). The security team must ensure that all baseline
configurations in your environment are documented, that these papers are maintained up
to date, that they are incorporated into your system development process, and that they
are enforced across your business (BeyondTrust Blog, 2017).

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 Once the issue is resolved, what type of changes would you suggest to the hospital's policies
and procedures handbook to protecting from future incidents occurring? Do you think
healthcare organizations should have policies regarding social media usage? If yes, then
what would you include in these policies. If no, then explain your reasoning.
Once the issue is resolved, I would suggest to reduce liability. Healthcare is inherently
hazardous, and no institution can guarantee that hazards will be fully eliminated (PowerDMS,
2020). Well-managed hospital rules and procedures, on the other hand, can assist hospitals
reduce risks and avoid costly lawsuits (PowerDMS, 2020). Liability reduction will foster a
culture of consistent, high-quality treatment (PowerDMS, 2020). If an incident does occur,
policies and procedures provide as proof that the institution adheres to regulatory requirements
(PowerDMS, 2020).
In my opinion, I do think healthcare organizations should have policies regarding social media
usage. A social media policy may save your company money by preventing expensive HIPAA
breaches (Lester, 2021). It can also help them maintain their professional reputation as a
healthcare provider. At the very least, the social media policy at the company should cover:
 People: This category includes everyone who may be utilizing social media in a way that
has an influence on the company. All employees, from independent contractors to
volunteers, and everyone in between, might be affected (Lester, 2021).
 Scope: Make sure the phrasing is broad and flexible enough to accommodate future
changes (Lester, 2021).
 Activities: Identify suitable and improper social media usage within the company.
Employees can see what's acceptable and what's not by looking at examples of acceptable
and objectionable social postings (Lester, 2021).
 Compliance: Specific criteria and requirements relating to federal and state rules that
pertain to HIPAA and PHI should be outlined (Lester, 2021).
 Enforcement: To give the policy teeth, specify explicitly what measures will be done if
the rules aren't followed (Lester, 2021).

References
BeyondTrust Blog. (2017). Vulnerability Remediation: 5 Steps Toward Building an Effective
Process. [BeyondTrust Corporation]. Retrieved from
https://www.beyondtrust.com/blog/entry/vulnerability-remediation-5-steps-toward-building-
effective-process
Lester, M. (2021). Why Healthcare HR Needs a Workplace Social Media Policy.
[HealthcareSource Blog]. Retrieved from http://education.healthcaresource.com/workplace-
social-media-policy-healthcare/
Offringa, B. (2018). Free Speech and Social Media: What Are Your Rights?. [The Social Intel
Blog]. Retrieved from https://blog.socialintel.com/free-speech-and-social-media-what-are-your-
rights

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 Starkman, J. (2017). 9 employment law issues you need to watch. [American City Business
Journals]. Retrieved from https://www.bizjournals.com/bizjournals/how-to/human-
resources/2017/09/9-employment-law-issues-you-need-to-watch.html
The Careers Blog. (2010). Dealing with workplace stress - your legal rights. [The Guardian].
Retrieved from https://www.theguardian.com/careers/careers-blog/dealing-with-workplace-
stress-your-legal-rights

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