Chapter 6

ETHICAL DECISION MAKING:

EMPLOYER RESPONSIBILITI
ES AND EMPLOYEE RIGHTS
Ethics relationship at workplace
Abercrombie & Fitch sue case in 2003
Ethical issues in the workplace: The current environment

There are two very distinct, and sometimes competing, perspectives on the ethics of
workplace relationships:

1 Employers might decide to 2 Employers might treat employees

treat employees well as a well out of a Kantian sense of
means to produce greater duty and rights, regardless of the
workplace harmony and either utilitarian or self-interested
productivity. productivity consequences.
Kantian sense of duty and rights
DEFINING THE PARAMETERS OF THE EMPLOYMENT RELATIO
NSHIP
• Due process in the workplace
EMPLOYMENT AT WILL
Role of due process in performance appraisals
1 Employees are constantly supervised 2 Benefits used to motivate or
and evaluated in the workplace
Being treated fairly in the
3 4
workplace involves fairness in
above mentioned benefits, due
process rights should also extend to
this aspect of the workplace
sanction employees
Employers should be fair in
their implementation of
judgments and just in their
implementation of process in
order to serve the mentioned
principles
 Downsizing
One of the most emotional issues for both employees and corporate decision makers is the
1
challenge not only of a single termination but letting many employees go when a firm makes
a decision to downsize

2 Downsizing is not necessarily an unethical decision

 Is ethical downsizing possible?
If your company has to conduct a layoff:

1 Managers need to be highly 2 Managers should be trained to

visible to their staff,
approachable even when they
don’t have anything new to
say, and candid about the state
of things in order to build
their trust and credibility
manage the process and deal with
the highly debilitating aftermath,
otherwise, potential cost savings
from the layoff will be wasted on
lost productivity, quality
problems and service breakdowns
 Is ethical downsizing possible?
If your company has to conduct a layoff:

1 Identify the stakeholders and 2 Try to lessen the impact as much as

enumerate all possible options with possible and allow the terminated
regard to the downsizing efforts and employees to depart with dignity
catalog the impact of each option on
each group of stakeholders

3 Be honest and forthright 4 Be sensitive to the experiences of

those who will be affected
 Health and Safety

Health and safety are “goods” that are Health and safety also have intrinsic value
1 valued both as a means for attaining other
4
valuable ends and as ends in themselves

Being healthy and safe makes it much

2 more likely that we will be capable of
attaining our ends

Health and safety have a very high

3 instrumental value since part of their
value derives from the fact that we use
them to attain other things of value
 Health and safety as acceptable risk

1 Employers cannot be responsible 2 Discussions in ethics about employee

for providing an ideally safe and health and safety will tend to focus on
healthy workplace the relative risks workers face and the
level of acceptable workplace risk

3 If the probability of harm involved 4 From this perspective, a workplace is

in a specific work activity is equal safe if the risks are acceptable, this
to or less than the probability of conclusion should not be generalized
harm of some more common
activity, then we can conclude that
this activity faces an “acceptable
level of risk.”
“But,” says the other side . . .
1 Opponents to this perspective argue that allowing this process to take its course will not
necessarily lead to the articulated result, just as voluntarily improving legal compliance,
wages, and working conditions will not inevitably lead to the negative consequences the free
market advocates threaten

2 Certainly it is arguable that some minimum standards might apply and multinationals may
have some core ethical obligations to employees

3 But how do we decide what those should be?

 The Case of Child Labor

As we begin to understand the

circumstances facing children worldwide,
we can see that a simple prohibition might
not offer us the best possible solution. (For
stats, see notes.)
 The Case of Child Labor

1 In developing countries, children begin work at ages as young as three years.

Though children may work in unhealthy conditions, , they also live in unhealthy
conditions

2 Often children who do not work in the manufacturing industry are forced to work
in less hospitable “underground” professions such as drug dealing or prostitution
simply in order to provide for their own food each day

3 The income generated by the youth worker may, at the very least
 Rights and Responsibilities in Conflict:
Discrimination, Diversity and Affirmative Action

1 With regard to the above issues, we are

discussing several matters that remain
open to debate by scholars, jurists and
corporate leaders

2 The focus is on those subtle areas where

perhaps the law has not yet become so
settled, where it remains open to diverse
cultural interpretations, strong minority
opinions, and value judgments
 Discrimination
Though several specific
areas of delicate and subtle
quandaries remain, many of
the original legal and ethical
debates have been fought,
offering business decision-
makers arguably clear
guidance on appropriate
behavior in the workplace
(i.e. sexual harassment).
“Black Letter Law”
in the U.S.
Employers are permitted to
make decisions on any basis
other than those prohibited by
the Constitution, precedent
and several statutes (such as
age, religion, race, disability,
gender, national origin, color)
 Lack of Global Agreement
1 Even in the United States, the
concept of discrimination is one that
remains one of the most intensely
debated issues today

2 Employers continue to advocate for

their rights to manage the
workplaces and to be permitted to
hire, retain and terminate without
external influence or control

3 Employees fear unfair treatment and

a loss of power based on reasons
completely outside their control
 Discrimination Persists . . .

1 Discrimination persists in the United 2 Women often face challenges that are
States with regard to race (see notes), as distinct from those faced by men
well as gender
 Diversity

Diversity refers to the presence

of differing cultures,
languages, ethnicities, races,
affinity orientations, genders,
religious sects, abilities, social
classes, ages and national
origins of the individuals in a
firm
 Diversity = $$?
(Reality Check)
1 The positive impact on the overall
strategy is not insignificant
3 The study’s authors contend that the
link is based on the fact that
employers who pay attention to
diversity have a larger and more
capable applicant pool from whom
to choose the best workers
2 A study by Catalyst (2004) evidenced a
strong link between gender diversity in
top management teams and corporate
financial performance
4 These organizations are also better
positioned to respond more
effectively to a diverse consumer
population. In addition, these firms
evidence better decision-making,
production and other critical success
factors
 Benefits and Challenges of Diversity for the Workplace

When a firm brings together individuals with

1 these (or other) differences – often exposing
these individuals to these differences for the
first time – there are likely to be areas of
tension and anxiety

In addition, the organization is likely to ask that

2 they work together toward common goals, on
teams, in supervisory or subordinate roles, in
power relationships, all requests that might lead to
conflicts or tension even without additional
stressors such as cultural challenges

There are several areas of potentially increased values tension with regard to diversity.
3 Where differences are new or strong, and where negative stereotypes previously ruled
interactions between particular groups, sensitivity to the potential for conflict is necessary
 Benefits and Challenges
1 Another concern involves integrating
diverse viewpoints with a pre-existing
corporate culture
3 The diversity that might be the source
of positive gains for the organization
might also be the source of
challenging fundamental differences
and these differences must be balanced
2 There seems nothing inappropriate
about seeking to ensure that workers
will support the particular values of a
firm, but it might be difficult to do this
while also encouraging diversity
4 Some scholars suggest that job
applicants be screened with regard to
their values – but how does one do
this?
 Affirmative Action
1 Does one person deserve a position more
than another person?

2 For instance, efforts to encourage greater

diversity may also be seen as a form of
“reverse discrimination” - in other words,
discrimination against those individuals
who are traditionally considered to be in
power or the majority, such as white men

3 A business that intentionally seeks to

hire a candidate from an
underrepresented group might be seen
as discriminating against white males,
for example
 Affirmative Action

4 A policy or a program that tries to

respond to instances where there has
been some past discrimination by
implementing proactive measures in
order to ensure equal opportunity
today.
 How Affirmative Action
Arises in the Workplace.

1 Much of the law relating to affirmative action
applies only to about 20% of the workforce –
those employees of federal contractors with
50 or more employees who are subject to
Executive Order 11246, which requires
affirmative action efforts to ensure equal
opportunity
Where Executive Order 11246 does not
2 demonstrated under-representation
apply, courts may also impose require
efforts through what is termed “judicial
affirmative action” in order to remedy a
finding of past discrimination
3 A third form of affirmative action
involves voluntary affirmative
action plans that are undertaken by
employers in order to overcome
barriers to equal opportunity
In order to justify affirmative action
efforts under either of these latter
two options, there must be a
or finding of past discrimination
THANKS FOR LISTENI
NG

Tiếp theo là phần Quiz

1. Which of the following is discrimination against those traditionall
y considered to be in

Click vào số để bắt đầu bấm giờ  

10
3
7
1
08
5
6
4
9
2
A. Reverse discrimination

B. Affirmative action
 Click vào chữ cái đầu để chọn đáp án

C. Inverse discrimination

D. Backward discrimination
2. Which of the following is an example of reverse discrimination in
America? 


10
3
7
1
08
5
6
4
9
2
A. An African-American interviewer rejects another African-American
based on color

B. A female interviewer rejects a male interviewee because of gender.

C. A white interviewer rejects an African-American based on color

D. A female interviewer rejects another female interviewee because of gender

3. An organization, in an attempt to avoid discrimination suits filed
against it, intentionally hires a lot of black women, and a few disabl
ed people. Which of the following is most likely to occur?  


10
3
7
1
08
5
6
4
9
2
A. The performance of the organization will increase

B. The organization will win an award for equity.

C. There will be an increase in the number of diversity training sessions.

D. A white man or a woman will file a reverse discrimination suit.

4. Which of the following refers to a policy or a program that tries t
o respond to instances of past discrimination by implementing proac
tive measures to ensure equal opportunity today?  


10
3
7
1
08
5
6
4
9
2
A. Gentrification

B. Bully Broads

C. Just cause

D. Affirmative action
5. All of the following are ways through which affirmative action ca
n arise at the workplace except:  


10
3
7
1
08
5
6
4
9
2
A. through legal ways.

B. through judicial affirmative action.

C. consultant based affirmative action.

D. voluntary affirmative action plans.

6. Which of the following affirmative action plans would include trai
ning plans and programs, focused recruiting activity, or the eliminat
ion of discrimination? 


10
3
7
1
08
5
6
4
9
2
A. Quasi-affirmative action

B. Executive affirmation action

C. Judicial affirmative action

D. Voluntary affirmative action

7. When it is claimed that people that ‘pay' for wrongs are unfairly
burdened and should not bear the responsibility for the acts of other
s, they are opposing to:  


10
3
7
1
08
5
6
4
9
2
A. reverse discrimination.

B. judicial activity within organizations.

C. affirmative action.

D. authoritative leadership
8. Which of the following approaches to health and safety at the wor
kplace can be considered paternalistic decision making which treats
employees like children and makes crucial decisions for them?  


10
3
7
1
08
5
6
4
9
2
A. Government-regulated ethics approach

B. Diversifiable risk approach

C. Acceptable risk approach

D. Market controlled approach

9. Comparison of the probabilities of harm involved in various activi
ties would determine the:  


10
3
7
1
08
5
6
4
9
2
A. acceptable level of risks.

B. absolute risks.

C. speculative risks.

D. relative risks.
10. Which of the following approaches to health and safety at the wo
rkplace can be considered paternalistic decision making which treat
s employees like children and makes crucial decisions for them?  


10
3
7
1
08
5
6
4
9
2
A. Government-regulated ethics approach

B. Diversifiable risk approach

C. Acceptable risk approach

D. Market controlled approach

11. Health and safety are "goods" that are valued both as a means fo
r attaining other valuable ends and as ends in themselves. What does
this statement imply? 


10
3
7
1
08
5
6
4
9
2
A. Health and safety have instrumental value and intrinsic value.

B. Employers are responsible to provide a completely safe and healthy workplace

C. Financial compensation can replace the value of life lost due to lack of health and
safety measures.

D. Employers do not have the right to fire employees on grounds of health and safety.
12. Discussions in ethics about employee health and safety tend to fo
cus on the relative risks workers face and the level of acceptable wo
rkplace risk because:  


10
3
7
1
08
5
6
4
9
2
A. workers' compensation is easier to calculate.

B. employers cannot be responsible for providing an ideally safe and healthy workplace.

C. insurance laws mandate the focus on relative risks and acceptability of workplace risk.

D. it results in a completely safe and healthy workplace.

13. When can we conclude that an activity has an "acceptable level o
f risk?" 

If it can be determined that the probability of harm involved in a


10
3
7
1
08
5
6
4
9
2
A. specific work activity is manageable.

If the probability of harm involved in a specific work activity is acceptable by insurance

B. and workers' compensation laws.
If it can be determined that the probability of harm involved in a specific work activity is
C. equal to or less than the probability of harm of some more common activity.

D. If the employers are willing to compensate the harm caused to workers for a specific activity.
14. Enlightened self-interest would be a valuable theory to introduce
and apply in the _____ approach to health and safety.  


10
3
7
1
08
5
6
4
9
2
A. market controlled.

B. integrative

C. acceptable risk

D. government-regulated
15. Which of the following statements is true about the market contr
olled approach to health and safety?  


10
3
7
1
08
5
6
4
9
2
A. It treats employees disrespectfully by ignoring their input as
stakeholders.
In this approach, employees would be free to choose the risks they are willing to face by
B. bargaining with employers
It assumes an equivalency between workplace risks and other types of risks when there
C. are significant differences between them.

D. It calls for the determination of comparison of probabilities of harm involved in

various activities
16. Some employers might decide to treat employees well as a means
to produce greater workplace harmony and productivity. This appro
ach is reminiscent of _____ ethics.


10
3
7
1
08
5
6
4
9
2
A. deontological

B. utilitarian

C. virtue

D. Kantian
17. Some employers emphasize the rights and duties of all employees
, and treat employees well simply because "it is the right thing to d
o." Identify the ethical approach for this perspective.  


10
3
7
1
08
5
6
4
9
2
A. Virtue ethics

B. Utilitarianism

C. Deontological ethics

D. Classicism
18. The issue of workplace bullying is more predominant in the servi
ce sector because:  


10
3
7
1
08
5
6
4
9
2
A. it lacks the right of due process

B. that work relies significantly on interpersonal relationships and interaction.

C. of its strong hierarchy of authority.

D. most of the organizations in this sector are decentralized

19. Identify the doctrine which holds that employers are free to fire
an employee at any time and for any reason, unless an agreement spe
cifies otherwise. 


10
3
7
1
08
5
6
4
9
2
A. The doctrine of estoppel

B. The doctrine of constructive notice

C. The doctrine of constructive dismissal

D. The doctrine of employment at will

20. Which of the following statements about the doctrine of employm
ent at will (EAW) is true?  


10
3
7
1
08
5
6
4
9
2
A. Employment at will holds that employers can fire an employee at any
time, but have to provide them with a valid reason.

B. The freedom to terminate the employer-employee relationship is mutual, both

theoretically and practically

C. The ethical rationale for EAW has both utilitarian and deontological elements

Civil rights laws is not an exception to the EAW because it prohibits firing someone
D. on the basis of membership in certain prohibited classes