EIB 6 Ch. 8, 9
56 flashcards · Other · by Daniel F.
Civil Liberties at the workplace
Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process Employee Concerns: Employees desire fair treatment, recognition, and respect for their rights and dignity in the workplace. Lack of Civil Liberties: Many argue that traditional employer-employee relationships lack adequate protection for employee civil liberties, resembling authoritarian environments Businesses have a moral duty…
Employment at Will
Common law doctrine from the past allowing employers to fire employees without cause, limiting employee rights and job security
Current Trends in employee rights
Legal Protections: Laws like the Wagner Act, Civil Rights Act, and ADA provide some protection against unjust termination and discrimination. Public Sector vs. Private Sector: Public employees enjoy greater constitutional protections than private sector workers. Evolving Legal Landscape: Courts are increasingly recognizing employee rights in specific cases, but inconsistencies and limitations remain.
Benefits of a Fair Workplace
Respecting employee rights can enhance morale, productivity, and overall business performance
many corporation routinely violate the civil liberties because
Rise of Professional Management: Emphasis on efficiency and control, prioritizing the "system" over individual rights. Employment at Will: Historical common law doctrine allowing employers to fire employees without cause, limiting employee rights and job security.
Employment at Will today
There has been an international trend away from this doctrine, with many countries: prohibiting discrimination on the basis of race, religion, nationality, sex, or age; prohibiting firing workers because of union membership or union activities; stressing the importance of "for cause" firings.
Laws protecting employees
Wagner Act, Civil Rights Act, and ADA provide some protection against unjust termination and discrimination
Public Sector vs. Private Sector employee rights
Public employees enjoy greater constitutional protections than private sector workers
Benefits of a Fair Workplace
Respecting employee rights can enhance morale, productivity, and overall business performance
Fairness in Hiring
Personnel policies and decisions should be based on job-related criteria, clear and accessible information, and equal application Screening, testing and interviewing has to be fair
Bona fide occupational qualifications (BFOQ)
job specifications to which the civil rights law does not apply. Allow authencity and modesty when job is only for woman or man, strong or weak etc
Americans with disabilities act (ADA)
for all forms with 15 or more employees, employers should not screen out all disabled applicants who do have the capacity to carry out the job
Parts of ethical screening when hiring
Must be accurate and complete job descriptions Avoiding bias based on age, race, national origin, religion, sex, disability (ADA), language, physical appearance, lifestyle, or gaps in employment history. EXCEPT: Bona Fide Occupational Qualifications (BFOQs)
Ethical tests when hiring
Tests must accurately measure relevant skills and produce consistent results Avoiding cultural bias and ensuring tests are directly related to job performance (Griggs v. Duke Power Company).
Ethical Conduct of interviewing
Treating applicants with respect, avoiding discriminatory or offensive language, and minimizing personal biases. Use structured interviews and panel formats to reduce bias.
Situational interview
job candidates have to engage in role playing in a mock office scenario (harder time putting a false front, but there is no escaping)
Fairness in Promotions
Balancing competence with other factors like seniority, inbreeding, and nepotism
3 unethical trends when giving out a promotion
Seniority: refers to longevity on a job or with a firm, job transfers or promotions (not measure of competency or loyalty) Inbreeding: choosing people with the same view (promoting exclusively from within the firm) Recognizing employee loyalty and morale while seeking the best candidates Nepotism: showing favoritism to relatives and close friends raise moral concerns
Just cause for discipline/discharge
requires that reasons for discipline/discharge deal directly with job performance
Ethical discharge
for an organization to function in an efficient and productive way managers and personal departments, establish guidelines for employee conduct based on performance Just cause: requires that reasons for discipline/discharge deal directly with job performance Due process: refers to the fairness of the procedures an organization uses to impose sanctions on employees (clear rules) Fairness and Consistency: Applying rules and procedures equally to all employees. Compassion and Dignity: Treating dis…
Firing vs terminations vs layoff vs position ellimination
Firing: for-cause dismissal Termination: results from an employee's poor performance Layoff: refers to the temporary unemployment experienced by hourly employees and implies that they are subject to recall Position elimination: permanent elimination of a job as a result of workforce reduction, plant closing or department consolidation follow a rational and unbiased decision-making process
Fair Wages
Based on distributive justice, reflecting employee value and contribution to the organization
Factors to Consider when setting wages
Legal requirements (minimum wage, overtime). Prevailing industry wages. Community wage levels and cost of living. Nature of the job (skills, demands, risks). Job security and prospects. Employer's financial capabilities. Wages for comparable work within the organization.
Living Wage
A wage sufficient to afford basic necessities and live above the poverty line
History and Role of labour unions
National labor relations act (1935): labor law, that guarantees employees the right to organize and join unions and to bargain collectively through representatives of their own choosing Taft-Hartley Act (1947): outlaws closed shops (which hire only union members) and permit individual states to ban union shops (which require employees to join the union within a specified time after being hired) Right-to-work states (2015): open-shop laws, which prohibit union contracts requiring all employees o…
Labor unions
Unions are responsible, directly or indirectly, for many of the benefits employees enjoy today. Collective bargaining: Negotiations between representatives of organized workers and their employers regarding wages, hours, rules, work conditions, and participation in decision making that affects the workplace
Current Challenges of labour unions
Declining membership, hostile political climate, and aggressive anti-union tactics by employers
Ideals of a union
Protecting Workers: From abuse and exploitation by employers. Giving Workers a Voice: In matters affecting their lives and working conditions.
Union Tactics
Direct Strikes: Justifiable when meeting conditions of just cause, proper authorization, and as a last resort. Sympathetic Strikes: More controversial, involving workers striking in support of others, even when they have no personal grievance. Boycotts: Primary (refusing to buy products from a struck company) and secondary (refusing to patronize businesses handling products of a struck company). Corporate Campaigns: Pressuring companies through their creditors and investors to meet union demand…
Ways of making a union
Card Check: A proposed method for union formation, allowing for recognition based on majority signup rather than secret ballot elections. Worker Advocacy Groups: Emerging organizations advocating for the rights of non-unionized workers, particularly in low-wage sectors.
Privacy as a Fundamental Right
Individuals have a right to privacy, including control over personal information, freedom from scrutiny, and autonomous decision-making
Threats to Privacy in the Workplace
Release of Personal Information: Data banks and personnel files contain sensitive information that can be misused or improperly disclosed. Monitoring and Surveillance: Employers increasingly monitor employee communications, computer usage, and even physical movements, raising concerns about consent and intrusion. Off-the-Job Conduct: Companies may attempt to regulate employee behavior outside of work, blurring the lines between professional and personal lives.
3 dimensions of privacy
We want to control intimate or personal information about ourselves We wish to keep certain thoughts, feelings and behavior private We value being able to make certain personal decisions autonomously Whenever an organization infringes on someone’s personal sphere of an individual, it bears the burden of establishing the legitimacy of that infringement
2 methods for obtaining info about employees
Monitoring them on the job Subjecting them to various tests
Ethical Considerations for setting wages
Exploitation: Paying wages that fail to meet basic needs or are significantly below industry standards. Economic Inequality: The growing gap between executive compensation and worker wages
Areas of Concern in organizational influence
Dress and Grooming: Employer policies should be reasonable and avoid unnecessary intrusion or discrimination. Off-Duty Conduct: Regulation should be limited to behavior that directly impacts job performance or company image. Involvement in Civic Activities: Pressuring employees to participate in company-sponsored activities can infringe on their autonomy and right of association. Wellness Programs: While promoting health is beneficial, employers should avoid coercive or intrusive measures that…
Informed Consent for tests and monitoring
Employees should understand the nature, purpose, and potential consequences of tests and monitoring procedures, and their consent should be voluntary and uncoerced
Polygraph Tests
Questionable Assumptions: Accuracy, reliability, and the ability to detect deception are all subject to debate. Privacy Concerns: Polygraphs can intrude on personal beliefs and thoughts. Legal Restrictions: The Employee Polygraph Protection Act limits the use of polygraphs in employment.
Personality Tests
Psychological Assumptions: Categorizing individuals based on a limited set of personality traits can be simplistic and inaccurate. Privacy Intrusion: Questions can delve into sensitive personal areas. Conformity: Tests can be used to enforce organizational conformity and stifle individuality.
Drug Testing
Job Relevance: Testing should be limited to positions where drug use poses a significant risk to safety or performance. Consequences: Employers should consider the impact of positive test results on employees and offer support or rehabilitation options. Respect for Dignity: Testing procedures should be minimally invasive and protect employee privacy.
Monitoring Employees on the Job
Justification: Monitoring can be legitimate for security, customer service, or productivity purposes. Transparency and Consent: Employees should be informed about monitoring practices and their consent should be obtained. Privacy Concerns: Monitoring should be limited to work-related activities and avoid unnecessary intrusion into personal communications or private spaces.
Employer Obligations for health an safety
Providing a safe and healthy work environment, free from recognized hazards
Employee Rights regarding health and safety
To know about workplace hazards and refuse dangerous work Assumption of risks: require the worker to have been fully informed of the danger and to have freely chosen to assume it Voluntary assumption of risk: accepting the risk voluntary informed consent Right to refuse dangerous work: employees can refuse unsafe work
Causes of Accidents
Most accidents are preventable and result from factors under the employer's control, such as inadequate training, unsafe procedures, or poor equipment maintenance
OSHA
The Occupational Safety and Health Administration regulates workplace safety, but faces challenges with limited resources and enforcement inconsistencies
New Health Challenges
Musculoskeletal disorders, shift work, fatigue, and stress pose significant health risks and economic costs
Ethical Considerations of adopting different management styles
Managers should adopt styles that respect employee autonomy, encourage participation, and foster a positive work environment work environments affected mostly by the style and quality of management
Women and maternity in the workplace
Increasing female workforce participation necessitates adequate child care and parental leave policies Child-care and flexible family oriented policies can be cost-effective Moral conerns Moral Equal Opportunity: Women should be able to compete fairly without sacrificing career or family goals. Human Development: Supporting employees in balancing work and family responsibilities. Challenging Gender Roles: Promoting flexibility and shared responsibilities within families. Family-friendly policie…
3 chief sources of worker dissatisfaction
Industry's preoccupation with quantity not quality; rigidity of rules and regulations and fracturing of work into the smallest possible tasks Lack of opportunities to be one's own boss Bigness, more people today work for large corporations than ever before
Hawthorne Effect
Workers respond positively to attention and recognition, highlighting the importance of intrinsic motivators Eliminate unnecessary tasks if we assume that a happier worker is generally more productive, then it follows that business has an economic reason and a moral obligation to devise ways to improve the quality of work life
Herzberg's Two-Factor Theory
Job satisfaction is influenced by intrinsic factors (achievement, responsibility, recognition), while dissatisfaction is often caused by extrinsic factors (pay, working conditions).
Importance of Job Satisfaction
Job satisfaction is linked to mental and physical health, productivity, and overall well-being
Improving Work Life
Empowerment and Autonomy: Giving workers more control over their work. Skill Development: Providing opportunities for learning and growth. Participation and Collaboration: Encouraging employee involvement in decision-making and problem-solving. Trust and Respect: Building a positive and supportive work environment.
Attempts to re-humanize the workplace
Give employees wider range of tasks Give employees greater responsibility
Regulatory race to the bottom regarding working conditions
Globalization allows corporations to have broad range of choice of location Large investors tend to choose countries with most ‘preferable’ – i.e., unregulated – working conditions So, developing countries compete to attract foreign investment Low level of regulation and social provisions Leads to race to the bottom in environmental and social standards.
duty to avoid harm
According to some business ethical thinkers, multinationals have a duty to promote minimally just social and political institutions where they operate if these do not exist