Premium Essay

Ethical Issues in Employment Law

In: Business and Management

Submitted By alexpbue
Words 538
Pages 3
Ethical Issues in Employment Law

Ethical Issues in Employment Law Employment discrimination is illegal. Or is it? The answer is, yes and no. Employers may not discriminate against employees on the basis of race, color, religion, sex, or national origin due to a civil rights bill passed by John F. Kennedy in 1963, otherwise known as Title VII. Employers may, however, discriminate if there is a bona fide occupational qualification (BFOQ). For example, a clothier who only sells women’s clothing may only want to hire female models to show their clothes to potential buyers; a company like GNC (General Nutrition Center) may only want to hire employees who are fit and know about fitness products to become salespeople in their stores. An Act of Law that followed in 1978 is the Pregnancy Discrimination Act which states employers or potential employers cannot discriminate against women who are pregnant or plan to become pregnant. Although this Act exists, this type of discrimination happens often. In July of 1999, I changed jobs and accepted a position at Merrill Lynch here in Denver. In September of that year, I found out, and announced to my employer, that I was expecting and due the next May. The following month, my boss called me into the office and a Human Resources representative was also present. After exchanging a few pleasantries, I found out that I was being let go because I had a forgery charge on my criminal history that I did not disclose on my application. I told them that was years before and I DID disclose this information on my application and was hired anyway. They obtained a copy of my application and found that I was correct, but had to let me go anyway because the SEC would not allow an employee with a forgery charge to become or remain employed. I asked them if I was not employable, why was I hired in the first place. I left a government job after...

Similar Documents

Premium Essay

Business Law

...Ethical and Legal Issues Concerning At-will Employment Jasmine Mills Park University Abstract As years pass by, every sphere of life is taking a new dimension; for instance, advancing technology. This has resulted in some ethical issues in workplaces such as cyberloafing, privacy, information technology usage, employee monitoring. Also, legal issues in workplaces such as lawsuits have emerged. Both employers and employees are worried about the ethical consequences resulting from the ethical issues While bosses use surveillance devices to keep track of their workers' activities and output, these workers feel that excessive monitoring is an attack on their confidentiality and privacy. The strategy of checking workers on a timely basis is contributed by the fact that bosses have rights over everything in the “at-will employment environment.” Additionally, this paper provides a proposal for reducing the ethical and legal issues. The paper also encourages organizations to generate and efficiently communicate ethical standards for workers in their companies. It also includes real examples of workers' perceptions as well as an emotional state from the surveys based on ethical and legal issues raised regarding the topic of study. Keywords: At-will employment, employee monitoring, Ethical and legal issues. Introduction At- will means employment can be terminated at any time, for any reason or no reason without facing legal action. Likewise, an employee can quit a job with......

Words: 2152 - Pages: 9

Free Essay

Business Issue

...Paper On ETHICAL AND LEGAL CONTEXT OF HRM Course No: 222 Prepared for Imrana Yasmin Assistant Professor Dept. of Marketing University of Dhaka Prepared by BRAINTRUST Section-B BBA 15th Batch Department of Marketing University of Dhaka Submission date: October 30, 2010 GROUP PROFILE |SL No |Name |Roll | |01 |Asif Mohammad Shakil | 28 | |02 |G. M. Riazuddin | 30 | |03 |Zinat Shahana |102 | |04 |Rifat Jahan |136 | |05 |Shayala Yesmin |160 | LETTER OF TRANSMITTAL October 30, 2010 IMRANA YASMIN Assistant Professor Dept. of Marketing University of Dhaka Subject: Letter regarding submission of Term Paper on HRM Dear Madam, It’s a great pleasure for us to have the opportunity to submit a report on ‘HUMAN RESOURE MANAGEMENT’ which had been a great experience for us to work with such a practical issue & to have...

Words: 1769 - Pages: 8

Free Essay

Bus 670 Paper

...many legal and ethical issues that we face in the world today. Business are the ones who are hit hard by these issues and need to find ways to identify them while also doing what they can to prevent any loss of business as a cause. One of the examples that this paper will talk about is the issue of drug testing. Drug testing is a sensitive issue as there are many different viewpoints regarding this issue. Drug testing also known as drug screening was used increasingly in the 1990’s to test for the presence of illegal narcotics in the blood or urine of the employees. An employee abusing illegal narcotics may be impaired and thus at a greater risk of injury or illness on the job (Kesselring & Pittman, 2002). A previous company I used to work for had many issues regarding drug testing and it sometimes came back to hurt them. Drug testing has become an issue of outstanding social concern across the country and has been used by many employers (Wall, 1992). This paper will explain the issue that drug testing causes as well as some of the ethical concerns raised by the situation. This paper will also explain the laws that effect drug testing as well as recommendations to reduce liability exposure and improve the ethical climate of the situation Description of Business that presents a legal and ethical issue Drug testing was a big concern of a company I used to work for in San Diego. Sterling Security was a company that was bought out in 2004 due to some rising issues within the......

Words: 2133 - Pages: 9

Premium Essay

Lwc1 Cos

...Fundamentals of Business Law and Ethics Course of Study Your competence will be assessed as you complete the LWC1 objective assessment for this course of study. This course of study may take up to 10 weeks to complete. Introduction Overview There are the two major subdomains of study within the Fundamentals of Business Law and Ethics Course of Study: business law and business ethics. The exam covers 11 business law and ethics concepts, including the following: contractual relationship government regulation of business dispute resolution labor and employment law hiring and employment practices warranties, negligence, and liabilities Sarbanes-Oxley Act ethical issues in business ethical leadership ethics programs use of company resources You likely have had some experience with the legal system, either through your own encounters or merely through listening to the nightly news, and you have probably read or heard about various ethical and legal issues causing financial upheaval in today's business world. This background will serve you well in this study. Now you can expand on that experience, and perhaps refine and enhance your own views on these issues. Once you complete this course of study, you will have demonstrated a level of competence that you can immediately use in your work setting and career. Outcomes and Evaluation There are 10 competencies covered by this course of study; they are listed in the "Competencies for Fundamentals of Business Law and Ethics (LWC1)......

Words: 8481 - Pages: 34

Premium Essay

An Ethical Assessment of the Acme, Inc. Environment

...An Ethical Assessment of the ACME, Inc. Environment April 3, 2016 Introduction ACME, Inc. is a company that is heavily regulated by the Environmental Protection Agency (EPA). The company is preparing for an audit. In view of the recent toxic waste spill occurring on company grounds, it has raised concerns for management and an employee. Mary, who is the employee aware of the situation, was approached by her boss and told not to mention the hazardous spill. At a later time, Mary witnessed her boss getting rid of documents that had been specifically requested by the EPA. When Mary identified to her boss that she was uncomfortable with the situation, she was threatened with losing her job should she raise the issue again. This paper will analyze and discuss the concepts of employment at-will, whistleblowers, and the Utilitarian and Kantian ethical frameworks as relevant ethical topics to the ACME, Inc. scenario. Employment at Will According to Arnold, Beauchamp, & Bowie (2013), “EAW [employment at-will] is a common-law doctrine that states in the absence of law or contract, employers have the right to hire, promote, demote, and fire whomever and whenever they please.” This law also takes into consideration the employee where he or she is able to terminate their employment for whatever reason without violating any legal laws. This concept stems back to the 20th Century were it was believed that employers and employees should have...

Words: 1178 - Pages: 5

Premium Essay

Law and Corporate

...Law, Ethics, and Corporate Governance – LEG 500 | 201003 | Prerequisite: None | Quarter | Winter 2010 | Meeting Days/Time | Online course | Instructor | Dr. C. Phil Campos, MBA, JD | Instructor Phone | 214-202-8044 | Instructor E-mail | canuto.campos@strayer.edu | Instructor Office Hours/Location | 6pm – 7pm EST | Academic Office Phone NumberStrayer Online Technical SupportEcollege HelpDesk | 1-877-540-1733“As a student, you should choose 1 then 3 for academic issues from the automated menu.”1-877-642-2999“Used for problems entering the class”1-866-448-6703 or 1-303-873-0005“Used for problems once in the class” | INSTRUCTIONAL MATERIAL | Kubasek, N. K., Brennan, B. A., & Browne, N. (2009).  The legal environment of business: A critical thinking approach (5th ed.). Upper Saddle River, NJ: Pearson-Prentice Hall.Ferrell, O. C., Fraedrich, J., & Ferrell, L. (2010).  Business ethics: Ethical decision making and cases (7th ed.). Boston: Houghton Mifflin Company/South-Western/Cengage Learning.PLEASE READ SYLLABUS PART II in the Course Home tab, it contains important University policies.GETTING TECHNICAL HELPTechnical questions regarding eCollege or classroom issues should be referred to helpdesk@strayeronline.net. Or you may phone the helpdesk at 1(866)448-6703.If the question regards a Strayer system, technical support can be reached at 1(877) 642-2999. Any technical inquiries sent to the instructor will, as a matter of course, be forwarded to the......

Words: 5313 - Pages: 22

Premium Essay

Ethical Issue and Management Paper

...Ethical Issue and Management Paper XMGT/216 October 23 2010 In today work environment mangers are responsible for hiring, training and motivating their team. Managers are often faced with ethical issues that allow them to make decision based on company policies and federal law. But some mangers don’t always follow company and federal law when it comes to the hiring of employees and are sometimes bias with certain applicant. Part of my job as a manger is to recruit and interview potential candidates for available potions in my company, and by doing this, the first thing I have to do is to screen the applications to see if the applicant meets qualification for the open positions, and if they do the next step is to begin the selection process. There are certain questions an application that refer to age, sex, race and citizenship status that is required as part of the verification process. The application process also calls for prior employment history, as well as the reason for leaving or wanting to leave your current or prior job. Any of the information that the candidate provides is to be used as a lead to gather background information and check references. As a manager I have an ethical responsibility to hiring for the needs of the business as well as hiring the right person for the job. In today’s job market, we’re hiring people with diverse backgrounds to meet the needs of the public, sometimes hiring managers are faced with moral and ethical issues facing......

Words: 973 - Pages: 4

Premium Essay

Legal and Ethical Issues on the Job

...their customers to follow the legal and ethical principles and regulations that the US has set up. If these companies do not follow the regulations that have been set up for them concerning the basic business ethical principles, many issues can arise, both legal and ethical. Within the business world there are many different issues in ethics that may arise in a business environment. If these issues are not handled correctly then they may turn into a legal battle. Companies need to make it a top priority to give their employees and all who work close to the company an idea of what the company’s mission is and what their overall vision is. They also need to have the knowledge of what is expected of them on the job and how they are expected to act. This will allow the employees to put into practice the correct code of ethics and those policies and procedures that the company has put into place. Fair business practices dictates that a company must put forth good effort to deliver the best level of ethics on a continued basis so that employees, applicants and customers may receive them because they are entitled to them. The goal of this paper is to examine the ethical and legal theories that apply to an ethical situation in the Coca-Cola Company and look to find how the situation could have been avoided. Recently Coca-Cola was sued for a racial discrimination case in the workplace. This paper will look at the study of “legal and ethical issues regarding racial discrimination in......

Words: 3705 - Pages: 15

Free Essay

Burlinton Northern and Santa Fe Railway. Co. V. White

...Burlington Northern and Santa Fe Railway Co. v. White Legal Analysis Legal and Ethical Facts • The plaintiff (White) was hired by Burlington Northern and Santa Fe Railway Co. (Defendant) as a track laborer. Having prior experience as a forklift operator, the plaintiff was assigned to operate a forklift once the need arose. • Although operating a forklift was now the primary duty of the plaintiff, her responsibilities as a track laborer, to a lessor extent, still existed. • Operating a forklift was viewed as a more prestigious position and as such, a more desirable duty than the dirtier work of track laborer. • Shortly after assuming her primary duty as forklift operator, the plaintiff’s immediate supervisor made disparaging remarks about her in front of co-workers. The comments centered on the supervisor’s opinion regarding the inappropriateness of having females on the job site. • The plaintiff filed an internal complaint with Burlington Northern. After an investigation, the plaintiff’s supervisor was suspended for 10 days. • When the plaintiff was notified of the supervisor’s suspension, she was also informed that she would no longer be operating a forklift and would resume the duties of track laborer full time. • Within weeks, the plaintiff filed a grievance with the Equal Employment Opportunity Commission (EEOC). She believed her reassignment was a form of retaliation for making complaints that led to the suspension of a supervisor. • A short time after......

Words: 1229 - Pages: 5

Premium Essay

Ethical and Legal Issues of a Merger

...Ethical and Legal Issues of a Merger Human Resource Management & Talent Development Ethical and Legal Issues Corporate mergers are pursued because there is a belief that if both independent companies are combined as one, the resulting company will grow more rapidly and will be stronger competitively. Management teams from both sides of these companies will no doubt encounter ethical and legal challenges prior to the merger, during the merger, and after the merger has been completed. HR acts as a moral compass for these companies, and issues that must be faced raise questions about fairness, equality, integrity, honesty, accountability, and consequences of behavior. As HR Director of the acquiring company, it is my responsibility to aid all employees in adhering to the code of ethics that has been implemented into our organizational mission statement. Furthermore, it is my job to create a safe and ethical environment in which every employee can enjoy his or her incontrovertible rights, which include the ability to access information about his or her job and the freedom to be able to do their job without any duress. HR can be a conflicting job for those of us in management, as we are called upon to walk a very narrow line between what is legally and morally best for the employee and financially advantageous to the company (Moore, 2014). However, the alternative of facing civil and criminal penalties that would incur due to law breaking, or even the implication of law...

Words: 3703 - Pages: 15

Premium Essay

Ethical and Moral Issues in Business

...Ethical and Moral Issues in Business University of Phoenix Organizational Ethics and Social Responsibility MGT/216 Ethical and Moral Issues in Business Organizations promoting ethical operations while allowing employees to retain their moral compass will proactively solve issues and maintain successful operations even in times of turmoil. Individual or company values motivate effort and influence performance. Employee motivation directly relates to the encouragement a company exhibits while enforcing an ethical code of conduct to benefit and protect both the employee and the business. This essay comprises of the difference between moral and ethical issues pertaining to personal and business principles, as well as identifying common ethical problems that can impede organizational success. Morals can be referred to as an individual’s values and beliefs guiding one’s conscience to distinguish between right and wrong. Morals reflect a personal relationship with the individual influenced by family, friends, life experience, and etcetera. Change is difficult without a transformation in an individual’s personal belief system. Morality is based on “conforming to wide social beliefs” unspoken but “understood by most members of a society, including those who choose to act against the common morality” (Taylor, 2011, para. 4). Moral issues focus on social customs and opinions influenced by an individual’s belief system. An example is the moral objection to adult......

Words: 928 - Pages: 4

Free Essay

Multinational Corporations

...Capital letters Student number _______________________________ ________11/29/2011_____ Signature Date Ethics in business must start at the top of a company and work its way down to every employee involved in an organization. In today’s world, corporations feel a moral obligation to practice business fairly while treating their employees with respect, so shouldn’t a company keep the same ethical approach if they expand their operations abroad? Over the last century or so, the global economy has changed drastically, with less barriers and a greater flow of goods and services between countries. A multinational corporation is any business that has productive activities in two or more countries. Although there are many benefits to the changing world economy, a majority of these multinational corporations are harming their host countries in a variety of ways. The three main ethical issues that multinational corporations are involved in when operating in host countries include environmental pollution, unethical employment practices, and even corruption. The purpose of this paper will be to analyze these three...

Words: 2476 - Pages: 10

Free Essay

Employee Health Behaviors

...however, resides in staying within legal and ethical boundaries when addressing such issues as obesity and smoking. Regulation of employee lifestyles by employers is becoming a more prevalent issue, but laws regarding this practice vary by jurisdiction. Organizations can protect themselves from legal trouble and ethical issues by implementing constructive programs aimed at improving the health of their workforces rather than engaging in discriminatory practices against overweight employees and smokers. Weight discrimination can be an issue in any industry so it is important that managers are aware of the laws regulating such practices. Obesity is a health problem and some employers assume that overweight employees will incur more illness-related absences and contribute to higher health care costs. Research shows that overweight employees are more likely to be subjected to discrimination in terms of hiring, treatment, and retention (Roehling, 2002, p. 177). While most states do not have laws protecting workers from discrimination based on weight per se, some protection is afforded under the Americans with Disabilities Act, where a certain level of obesity is considered an actual disability (p. 181). In addition to employment protection, if an individual qualifies as disabled, the employer must take necessary steps to provide reasonable accommodation of that person so he or she can perform their job (p. 180). Because laws vary and the disability status of an......

Words: 933 - Pages: 4

Premium Essay

Law Employment Contract Analysis

...Summary This paper is about the concepts behind and an analysis of an employment contract between Sam Marafioti and the Sunnybrook Health Sciences Center. The goal of this paper is to better understand contract law and the legal, ethical and contractual issues that can arise when dealing with an employment contract. The paper begins by explaining the objective of the paper and the used in order to complete the objective. The methodology used is a five step process beginning with the clauses within the contract being defined. This creates an easier reference for a reader without any legal background. The clauses are stated in an easily understandable format in order to better understand the agreement used in the analysis. This precedes the section where all legal concepts within the contract are defined. The legal concepts are used in order to better understand the meaning of the contract. They explain both the what, and the why each clauses exists and how they interact with the signer. The ethical issues within the contract are then showcased. The law is considered the minimum standard of ethics and as such there can be ethical issues for the signer. The process of termination is then analysed to better understand how the clauses within the contract work in a real scenario and can prepare the reader for their own employment termination. Finally, my personal recommendations regarding legal issues and lessons learned are displayed. This section shows how the contract...

Words: 9375 - Pages: 38

Premium Essay

Ethical Issues of Human Resource Management in Health Care Managment

...ETHICAL ISSUES OF HUMAN RESOURCE MANAGEMENT IN HEALTH CARE MANAGMENT HIRA TOOR HCAD 660 11/01/2015 TURN-IT-IN SCORE: 13% Total paper content: 18 pages Abstract This paper deals with ethical issues encountered by human resource managers in various healthcare settings. The ethical problems that the paper highlights includes issues related to overworked employees, employee discrimination, disabled worker disparities, age-related employee discrimination, difficulties in maintaining employee relations, problems with downsizing workforce, workplace bullying, conflict of interest and compliance issues. The research paper also gives recommendations on how to maintain an ethical environment by: hiring of adequate staff, conducting fair employment testing, rewarding disabled employees, educating on age-discrimination, creating a diverse workforce, communicating to build employee relationships, executing a strategic plan to mitigate bullying and presenting fair judgments. The paper also address issues associated with ethics of flu shots, employment hurdles of medical marijuana patients, inequality of women’s compensation and safety hazards of employees. In conclusion, my personal experience with ethical issues at laurel regional hospital is discussed. Introduction: The human resource department is the heart of every healthcare organization. The human resource functions deals with variety of ethical challenges on daily basis. Human resource......

Words: 5845 - Pages: 24