Ethics Ch 06

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    Chapter Six

    Employee Stakeholders

    AndThe Corporation

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    Chapter Topics

    1. Employee stakeholders: The workforce inthe 21st century

    2. The changing social contract between

    corporations and employees3. Employee and employer rights and

    responsibilities

    4. Discrimination, equal employment

    opportunity, and affirmative action5. Sexual harassment in the workplace

    6. Whistle-blowing versus organizationalloyalty

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    Employee Stakeholders:The Workforce In The 21st Century

    Within the context of the digital economy the followingchanges with employees and stakeholders occur: A shift to knowledge work

    The concept of a job for life is dying

    Compensation, income, and the social distribution ofbenefits are shifting

    Quality of work life is not inherent in the uses of technology

    Five predicted trends in the work-life of employeesinclude: Demographics will drive a growing focus on family,

    personal, and spiritual matters

    Employees will demand schedules that work for them

    Internet-age values will take deeper root

    A back-to-basics trend

    It will get harder to tell work and home lifestyles apart

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    Employee Stakeholders:

    The Workforce In The 21st

    Century Several demographic trends that were

    predicted have been and are being realized: The workforce is aging (growing)

    Managerial leadership positions are moredifficult to fill

    Women entrants (new in profs.)are increasing

    Workforce cultures are mixing

    The education gap continues

    The level of education lags (slow move) The number of employees with disabilities is

    expanding

    Gay couples are denied health careinsurance in most companies

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    Employee Stakeholders:

    The Workforce In The 21st

    Century The trends in the workforce necessitate

    accommodation from managers andemployees. Moral and legal conflict will

    likely increase if action is not taken withregard to:

    Age discrimination

    Physical harassment

    Health care provisions

    Educational challenges

    Paradigm shift toward a new work lifemodel

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    Employee Stakeholders:

    The Workforce In The 21st

    Century The following values

    were identified asmotivators forprofessionals:

    Competitive pay

    Benefits andopportunities

    A fair deal Being valued

    Decent relationships

    Workforce 2000related valuesconsidered most

    important include: Recognition

    Respect and dignity

    Personal choice

    Involvement at work

    Pride in work

    Quality of lifestyle

    Financial security

    Self-development

    Health and wellness

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    Employee Stakeholders:

    The Workforce In The 21st

    Century Generational analysis looks at

    differences among world views,

    attitudes, and values of generationsof Americans:

    GI generation

    Silent generation

    Baby boomers

    Generation X

    Generation Y

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    The Changing Social ContractBetween Corporations and

    Employees The social contract that has

    historically defined theemployee/employer relationship isknown as the employment-at-will(EAW) doctrine.

    The EAW remains the cornerstone

    of U.S. labor law. At issue is the continuing debate

    over the nature of property andproperty rights.

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    Employee And Employer Rights

    And Responsibilities The ideal relationship between employer and

    employees is one based on mutual respectand trust.

    A right can be understood as amoral claim. The moral foundation for employee rights is

    based on the fact that employees arepersons.

    The evolving social contract betweenemployers and employees still recognizesemployers power over physical and materialproperty, but the contractual relationshipaims in principle at balance, mutual respect,

    integrity, and fairness.

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    Employee And Employer Rights

    And Responsibilities Employers are obliged to:

    Pay employees fair wages for work performed

    To provide safe working conditions

    Employees are responsible for: Fulfilling their contractual obligations to the

    corporation

    For following the goals, procedural rules, and workplans

    For performing productively

    Timeliness

    Avoiding absenteeism

    Acting legally and morally

    Respecting the intellectual and property rights of theemployer

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    Employee And Employer Rights

    And Responsibilities Major types of employee rights in

    the workplace include:

    Right not to be terminated without justcause

    Right to due process

    Right to privacy

    Right to workplace health and safety

    Right to organize and strike

    Rights regarding plant closings

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    Employee And Employer Rights

    And Responsibilities Employees right to privacy remains

    one of the most debated andcontroversial rights. Areas centeredaround issues of privacy include: Technology use

    Polygraph and psychological testing

    Workplace surveillance

    Internet use

    Drug testing

    Genetic discrimination

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    Discrimination, EqualEmployment Opportunity, And

    Affirmative Action Recently, discrimination has surfaced in a

    number of categories including: Racial profiling

    Income disparities

    Ratio of female compensation compared to male

    Examples of discriminatory practices havebeen found in: Recruitment

    Screening Promotion

    Termination

    Conditions of employment

    Discharge

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    Discrimination, EqualEmployment Opportunity, And

    Affirmative Action Title VII of the Civil Rights Act of 1964 makes

    discrimination on the basis of gender, race, color,religion, or national origin in any term, condition,or privilege of employment illegal.

    The Civil Rights Act of 1992 extended punitivedamages to victims of employmentdiscrimination.

    The Age Discrimination in Employment Actprohibits employers from discriminating againstindividuals based on their age.

    The Equal Pay Act of 1963 prohibitsdiscriminatory payment of wages and overtimebased on gender.

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    Discrimination, EqualEmployment Opportunity, And

    Affirmative Action Affirmative action programs are a

    proactive attempt to recruit applicantsfrom minority groups to create

    opportunities for those who would beexcluded from the job market.

    Affirmative action as a doctrine isderived from several ethical principles

    that serve as bases for laws: Principle of justice

    Utilitarian principle

    Rights principle

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    Discrimination, EqualEmployment Opportunity, And

    Affirmative Action Reverse discrimination is alleged to occur when an

    equally qualified woman or minority member is givenhiring preference over white males.

    Notable court cases that illustrate how affirmativeaction and discrimination issues have been addressedinclude:

    The Bakke case

    The Weber case

    The Stotts case

    The Adarand Constructors v. Pena case

    The Hopwood v. Texas case

    The Grutter v. University of Michigan Law School case

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    Sexual Harassment In The

    Workplace Physical harassment remains among

    the most prominent civil right issues inthe workplace.

    Forms of sexual harassment include:

    Unwelcome emotional (physical) advances

    Coercion (force)

    Favoritism Indirect harassment

    Physical conduct

    Visual harassment

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    Whistle-Blowing Versus

    Organizational Loyalty DeGeorge has identified five conditions

    when whistle-blowing is morally justified.

    Five instances when whistle-blowingis

    not justified have been suggested. There have been twelve guidelines that

    offer factors which should be consideredbefore deciding to blow the whistle on

    an employer. Four managerial steps to prevent

    external whistle-blowing have beensuggested.