ETH201 Ethics Unit IV: Ethical Issues in Employee Relations PDF

OBJECTIVES ========== - Discrimination in Employment - Sexual Discrimination - HIV/AIDS in the Workplace - Unjust Dismissal - Industrial Action - Handling Ethical Dilemmas at Work DISCRIMINATION, AFFIRMATIVE ACTION AND REVERSE DISCRIMINATION =======================================...

OBJECTIVES ========== - Discrimination in Employment - Sexual Discrimination - HIV/AIDS in the Workplace - Unjust Dismissal - Industrial Action - Handling Ethical Dilemmas at Work DISCRIMINATION, AFFIRMATIVE ACTION AND REVERSE DISCRIMINATION ============================================================= According to DeGeorge (2008)The issues of affirmative action, discrimination, and reverse discrimination has been a hot topic and the ensuing discussion on Equal Employment Opportunity. DISCRIMINATION ============== Velazquez (2009) argues that discrimination is defined as ' The wrongful act of distinguishing illicitly among people not on the basis of individual merit, but on the basis of prejudice or some other invidious or morally reprehensible attitude'. DISCRIMINATION IN EMPLOYMENT ============================ - According to Degeorge (2008) workers have the right to equal treatment. He further argues that the following is true about discrimination: - Utilitarian and Rawlsian approaches supports the claim that discrimination on the basis of non job related characteristics when hiring, firing, or promoting staff is immoral. - It is considered harmful to those against whom it is practiced - It is unjust - restitution should be made to those harmed as is dictated by the principles of compensatory justice - The person who committed the harm must pay the person whom the harm is meted out against DISCRIMINATION ============== How can discrimination be solved? Degeorge offers the following suggestions: - Government needs to mandate equal opportunity for all - Those previously discriminated against by the system should be protected through affirmative action - That compensation be given to those groups who were discriminated against due to past social structures - Appropriate use of preferential hiring without using reverse discrimination. TYPES OF DISCRIMINATION ======================= - Velazquez (2009) further points out that there are several types of discrimination that people encounter in organizations: - Individual discrimination -- people act on own - Institutional discrimination = people in the institution, the institution policy or procedures - Intentional discrimination = conscious and deliberate discrimination. - Unintentional discrimination = brought about by stereotypes or as an unintended outcome. not consciously or deliberately sought FORMS OF DISCRIMINATION THROUGH THE YEARS ========================================= - Velasquez (2009) says that discrimination took different forms over the years: - 1960s -- saw individual and intentional. Discrimination - 1970s- saw institutional and unintentional forms, as indicated by underrepresentation of minorities or women, and to be remedied with affirmative action. - 1980s -- saw individual and intentional. Discrimination - 1990s- saw institutional and unintentional. REVERSE DISCRIMINATION ====================== Degeorge (2008) examines the concept of reverse discrimination and he argues that. - If using non job-related criteria of race, color, sex, religion, or national origin is unjust when used against women or members of minority groups, it would also be unjust when used against white males. - The question of whether or not it is **just** to hire minorities or women who are qualified over equally or more qualified white males has to be asked? - The question has to be asked: Is it legitimate for a firm to hire women or minority members in order to rectify past discrimination in an effort to balance the workforce? WHAT IS AFFIRMATIVE ACTION? - Velazquez (2009) says that affirmative action is 'any program designed to ensure that minorities, women, or members of some other group, are adequately represented within an organization and its various levels by taking positive steps to increase their number when underrepresented'. - objectives of the program is what determines "adequate representation" they could be: - having the same proportion of women or minorities as exists in the pool from which new members are drawn - Get diversity nto meet organizational objectives AFFIRMATIVE ACTION -- DO'S AND DON'TS ===================================== Velasquez (2009) says that Affirmative action is legal when: - used to correct a racial or sexual imbalance due to previous discrimination. - used to correct an egregious, persistent, and manifest racial imbalance used in hiring to achieve educational diversity and broadcast diversity. Affirmative action : - Should not be used in layoffs. - Should not overrule seniority. - Should not be used in government set-aside programs BALANCED OR PREFERENTIAL HIRING =============================== According to Degoerge (2008) in Business Ethics: Affirmative action : - hiring unqualified women or minority members in preference to qualified white males is NOT justified by affirmative action. - To affirmative-action goals minority and women who are qualified can morally be given preference on the basis of sex or race, over equally qualified white males,. - a firm should make efforts toward achieving affirmative-action goals. DISCRIMINATION ISSUES -- WOMEN AND MINORITIES ============================================= - Velasquez (2009) argues that: - Minorities lack the skills and education needed - Women and minorities face significant disadvantages though they are the new workers. - Women face a "glass ceiling" and sexual harassment are steered into low-paying jobs and - Velasquez (2009) identifies three main arguments against discrimination: - THREE ARGUMENTS AGAINST DISCRIMINATION - Utilitarian -- underutilize resource - Rights-based - violates human rights - Justice-based -- it is unjust THE GLASS CEILING ================= - David Cotter et al argues glass ceilings are a distinctively gender phenomenon and indicates that both white and African-American women face a glass ceiling in the course of their careers. - The concept of the glass ceiling metaphor has been used to describe invisible barriers (\"glass\") through which women can see elite positions but cannot reach them (\"ceiling"). - These glass ceiling prevent women and ethnic minorities from obtaining and securing the most powerful, prestigious, and highest-grossing jobs in the workforce. LEVELS AND TYPES OF GLASS CEILING BARRIERS ========================================== - Societal Barriers - Internal Business Barrier - Governmental Barrier - Other Barriers -- sexual, ethnic, different pay for same work OTHER TYPES OF DISCRIMINATION ============================= - Disability - Weight - Body (physical appearance) - Age - Sexual orientation - Religious - Cultural - Socio -- Economic RIGHTS IN HIRING, FIRING AND PROMOTION ====================================== - Degeorge (2008) argues that within reasonable employment workers have the rights to: - rest periods - vacations - holidays - workdays of reasonable length - Once an employee is hired they have the right to: - cost-of-living increases periodically - fair consideration for merit salary raises RIGHTS IN HIRING, FIRING AND PROMOTION (Cont'd) =============================================== - If these are not met them employees also need to be advised why this is so - UNJUST DISMISSAL - The longer one has been employed by a firm, the greater the obligation of the firm not to fire, except for cause. - If employees are terminated then the employer should inform the employee of the reason for same. - Further reading: - Business Ethics by Robert T DeGeorge Chapters 16 and 17 FAIR REASONS FOR DISMISSAL ========================== - Conduct/misconduct. Minor issues of conduct/misconduct such as poor timekeeping can usually be handled by speaking informally to the employee. \... - Capability/performance. \... - Redundancy. \... - Statutory illegality or breach of a statutory restriction. \... - Some other substantial reason (SOSR) HANDLING ETHICAL DILEMMAS AT WORK -- DRUG TESTING ================================================= - Degeorge (2008) says that there are several issues with drug testing at work. They are as follows: - Positive effects of random drug testing has not been proven empirically - to override the employee's right to privacy drug testing is morally justified only if the reasons are important enough - Workers do not know when they will be tested and this uncertainly causes uneasiness among workers - People who defend this practice believe the random testing are an incentive not to use drugs. - The positive effects of random drug testing have not been empirically proven. HANDLING ETHICAL DILEMMAS AT WORK -- HIV/ AIDS ============================================== - Degeorge (2008) argues that with the emergence of AIDS (acquired immunodeficiency syndrome) some serious issues and questions have been raised issues about workers' rights. These are: - the right of the person with AIDS to privacy. - the right of the person with AIDS to nondiscriminatory treatment. - the claimed right of other workers not to be exposed to a fatal and communicable disease. - Should there be mandatory testing in some industries SEXUAL HARASSMENT ================= - Sexual harassment is: - an unwelcome sexual advance or request for sexual favours to the person who is harassed - other unwelcome conduct of a sexual nature in relation to the person who is harassed. - Requests for sexual favors and other verbal or physical contact of a sexual nature constitute sexual harassment when: - \(1) implicitly in the terms of employment is that the behavior is accepted and carried out - \(2) employment decisions affecting such individual is made based on if the individual accepts and submits to the request or rejects the behavior - \(3) individual work performance is affected by such conduct interfere with an individual. The conduct creates a hostile of offensive working environment. SEXUAL HARASSMENT GUIDELINES -- MORAL OBJECTIONS ================================================ Velasquez (2009) argues that there are some Moral Objections to sexual harassment guidelines: 1.Guidelines hold employer guilty of employee's sexual harassment even if employer did not know nor could have prevented it. - 2.Guidelines that prohibit "intimidating, hostile, or offensive working environment." - 3.Guidelines that prohibit "verbal or physical contact of a sexual nature" when it has the "effect of unreasonably interfering with an individual's work performance." - 4.Guidelines prohibit "verbal conduct" that creates an "intimidating, hostile or offensive working environment." - EMPLOYERS' OBLIGATIONS ====================== - Employers should ensure that they are fair in recruiting practices towards women and minorities - Governments should put laws in place to secure equal rights for all - Employers should have clear polices against discrimination - Pay scales should be based on competencies and qualification - Promotions based on performance not non job related criteria - Sexual harassment or any form of discrimination should be discouraged and penalized when breaches are found ETHICAL DILEMMAS AT WORK ======================== Ethical dilemmas occur at work for many reasons: - Employees need to get ahead -- lying on resume about qualification or experience - Cross Cultural contradictions - Stealing and low personal values - Bid to gain profit and get 'ahead' of the competition - Pressure from coworkers HANDLING ETHICAL DILEMMAS AT WORK ================================= - Employers must have guidelines and clear policies in place to handle ethical issues at work - Team in place to handle dilemmas -- Ethics Officer - Clear sanctions to be meted out when rules are broken - Ethics hotlines to report issues - Ethics training and ethics audits