BA 342 Exam 2 CH 17 & 18
Freedom of Speech
"The right to express your opinions without censorship, restraint or retaliation" *responsibility
Privacy
"right to keep personal affairs to oneself and to know how information about you is being used" Facebook Video: -employers want potential workers to go onto Facebook pages and log in to their account -its legal to ask for log in information -privacy settings make it seem like you have something to hide
Old Social Contract
*dependent employees would stay at the same job for years and in return companies would reward the employee's loyalty -rewards included: job stability, decent wages, good benefits -stable job security -lifetime one employer -stable assignments -loyalty to employer -employer responsibility -individual work focus
New Social Contract
*independent employees look for competitive wages and opportunity for professional growth while companies evaluate employees by contribution rather than years with the firm -typical worker today has had nine jobs before the age of 30 -declining job security -norm: job changes -temporary assignments -loyalty to career -personal responsibility -team/project focus
Privacy: 4 Key Issues
-collection and use of employee information in personnel files -integrity files -drug testing -monitoring of employees
The Employee Rights Model
-employee rights -employment at will doctrine
Guidelines for Drug Testing
-written policies and procedures -clear documentation -prior knowledge of the company's drug policy -uniform and impartial manner -professionals should administer and monitor test
Peer Review Panel
13% people use an elected group of employee peers that has been trained to handle all types of issues within the workplace *least common ADR method: used in 13% of businesses benefit: well versed in the company culture and how the company operates -peer review panels can keep issues internal while keeping them neutral and fair -can save huge costs in legal fees
Ombudsman
16% people use one who investigates reported complaints and helps to achieve equitable settlements -began 35 yrs ago in the US with Xerox -because it has nothing to do with day to day employee matters, as HR departments do, an ombudsman can be completely neutral -promotes client confidentiality -can handle whistle-blowing cases *used in about 16% of organizations
Government Protection of Whistle Blowers
1976 Civil Service Reform Act -protection for federal employees who expose illegal, corrupt, or wasteful government activities -mixed results because of subtle reprisals Sarbanes-Oxley -increased whistleblower protections -comprehensive coverage for all employees of public firms -protection for any form of discrimination or harassment -any corporate conduct that could threaten shareholder value
Whistle Blower Data (2013 Ethics Resource Center)
21% of whistleblowers faced retaliation equivalent to 6.2 million people overall misconduct is down 60% of Misconduct by Managers (24% by Senior Managers)
Mandatory Arbitration
50%+ use a process where a neutral party resolves a dispute between 2 or more parties and the resolution is binding -used in more than half of organizations -parties must agree to arbitration prior to any dispute disadvantage: robs employees of the right to due process, slightly favors company at times ex: arbitration is often used in large sports contract disputes
Different Employee Rights:
Civil Minority Women Disabled Older Religious Affiliation Employee Privacy Smokers Non-Smokers Children Animal Due Process Appearance
Terroristic Threat at PSU (Yik Yak)
Connect People in an open way Who post quality content Safe place to spill your soul Anonymity & Proximity Terroristic Threats Bullying Sexual Harassment Bomb Threats
Workplace Safety Data and Categories
Data: overall in the US 2013- 4,405 deaths 2012- 2,976,400 injuries Categories: transportation assault and violent acts contact with objects falls harmful substance exposure fires and explosions
Fired for Cause
Fairness Standard or "Good Cause Norm" Exceptions to "At Will": Public Policy Implied Contract Good Faith Principle Discrimination Law
Employee Privacy Bill of Rights
Informed consent before acquiring info. Disclose nature of surveillance Set controls on info. Access Limit collection/use of medical/health data Require reasonable cause before drug tests Respect boundary between work and home
Legal Rights vs. Moral Rights
Legal: contractual Statutory (discrimination) Collective (unions): private 6.7 un-unionized vs. public 35 Contractual (CEO) Employment (HR) Moral: freedom Fired with cause shared Due Process Fair Treatment Freedom of speech Respect & Dignity
Mark Whitacre ADM Video
Mark Whitacre -whistle blower for FBI -his life is sown in the informant movie -broke open biggest price fixing case -he would spy on coworkers but he was bipolar and had bad judgment -took 9 mill dollars form company and went to prison -he is seen as a national hero (helped gov and people because ADM might still be fixing prices today without what he did) -ADM stole 1 billion+ from us -Cheif Operations Officer these days
Moral, Amoral, Immoral
Moral- employees are human resource, treat employees with dignity Amoral- treat employees as the law requires Immoral- employees are simply factors of production, exploit employees for personal gain
Social Progression and Employees
Personnel -> Human Resources -> Human Capital ex: Toyota
Employment at Will Pros/Cons
Pros: Increase Claims Outs Low Performers Risk weakening mgrs. leverage Increases hiring Less Jobs Less Flexibility Favors employee & employer Cost to rehires high Cons: US Stands Alone Arbitrary nature Laws against Respect - moral Employees rights Trust Expectation broken Broken Culture Reduce Claims
Alternative Dispute Resolution (ADR)
Resolving Disputes Without Litigation Duke Law School Survey on Litigation -36 companies spent $4.1 Billion Tort System in US ($800 Billion plus)
Shooting Threat Business Issues
Safety of 70,000 people+ !!!!!!! Campus security Community Leadership Hard Costs Risk & Liability Culture Students, Staff, Faculty Media Family Privacy (the student implicated) Brand Equity
Privacy Laws
Surveillance & Monitoring Electronic Communication Privacy Act Background Checks Integrity Interviews Fair Credit Reporting Act EEOC Law Drug Testing Americans with Disabilities Act (ADA)
Largest Whistle Blower Award
UBS Brad Birkenfeld 2012 stole $104 million UBS Result: 4,000 people paying $780 million US Result: 33,000 people paying $5 billion
Dismissing Employees with Care
WHAT TO DO: fire employees in a private space be mindful to employees logistics perserve employees dignity choreograph the notification in advance use transparent criteria for layoffs DONT DO: don't fire on a friday don't say that downsizing is finished dont terminale via email stick to topic, avoid platitudes dont rush through the meeting
Whistle Blower (Freedom of Speech)
a former or current organization member who discloses illegal, immoral, or illegitimate practices under the control of their employers to persons or organization that may be able to take cation against it
Integrity Tests
a series of questions that each have a specific purpose to determine an employees honesty *predecessor to the concept of using a lie detector, or polygraph used heavily in some companies (led to a drop in employee turnover and inventory shrinkage)
Work Life Balance
a state of equilibrium where the demands of a persons personal and professional life are equal -big issue today being addressed by companies -90% of workers felt they didn't spend enough time with their family
Access vs. Disclosure
access- who has the access to the information disclosure- fully discloses what the policy is with your information (ex: privacy policy)
Drug Testing
an umbrella term intended to embrace drug and alcohol testing and employer testing for any suspected substance abuse -used to protect companies and the public (ex: a forklift operator who is under the influence of drugs)
Methods of Collecting Employee Data
background checks credit checks social networking
Employee Polygraph Protection Act
banned most uses in the private sector of the lie detector can still be used by companies in certain sectors (security, nuclear, shipping of hazmat, public utilities)
Health in the Workplace
basic rights to health in the workplace (smoking in the workplace became a huge debate in the 1980s); end result- every individual has the right to breathe smoke free air
Child Labor Video
children were forced to work in dangerous/hazardous conditions in Africa, earning wages far less than those earned by adults working in a copper mine over 250 million children affected in 2006; still over 200 million in 2014 2016 child labor goals aim to cut down child labor child labor: reduced from 246 million to 216 million -inequality, inadequate education, no work for parents, poor enforcement of labor laws
Family Friendly Benefits
dependent care flexible spending accounts flexible family leave domestic partner benefits adoption assistance
Family and Medical Leave Act (FMLA)
designed to make life easier for employees with family or health problems -includes employees with family members on active military duty -giving birth to a child -must be allowed to return to work -health benefits must be provided during absence
Arguments Against Drug Testing
due process issue and invasion of privacy certain foods and medications can lead to a false positive
Hearing Procedure
eliminates some of the problems with an open door policy by allowing for an attorney and a neutral company executive
The Emerging View of Employee Responsibility
employees have a dual duty to both their company and the public *ideals: dual responsibility and certain rights
The Traditional View of Employee Responsibility
employees have a duty to stay loyal to their corporation *ideals: loyalty, obedience, confidentiality
Employee Monitoring
examples: recording phone calls or voicemail reading computer files monitoring email and web access policy guidelines: obtain informed consent from employees disclose the nature of surveillance set controls to avoid unauthorized use limit collection require reasonable suspicion respect boundary of home and work
Arguments For Drug Testing
extremely high costs of drug abuse in the workplace can result in a loss of life
4 Laws against Whistle blowing
false claims act (1863) sarbanes oxley (2002) dodd/frank (2010) IRS (started at beginning of time)
OSHA: Occupational Safety and Health Administration
federal agency responsible for overseeing the safety and health of America's workers -started more than 40 years ago -created in 1970 by the Occupational Safety and Health Act -main goal was to provide a safer workplace for employees website: who it covers-private sector workers, state and local government workers, federal government workers NOT covered- self employed, family members of farm employers, workplace hazards regulated by other federal agencies (ex: mine safety and health administration) 14,000 americans killed at work on job 2.1 million wounded -injury, disease, death
Type 2 Error (Integrity Tests)
finding a guilty person to be innocent
Type 1 Error (Integrity Tests)
finding an innocent person to be guilty
Employment at Will Doctrine: 3 Basic Rights
good cause- the right for an employee to have a reason for being fired by an employer due process- the right to have a fair, impartial review of complaints freedom of speech- the right have opinions that are not censored, restrained, or retaliated against
Right to be Forgotten Video
google should delete what people don't want about themselves online criminals, politicians (have the hardest time with stuff on google) *undermining humans is not freedom to expression google is the hub to find information because of profiles that are created (thats why the newspapers aren't that big of a deal) not in US right now -- just in Europe
Social Contract
how we come together from a social standpoint as organizations and workers -the social contract in America has dramatically changed over the past several decades -now dominated by: globalization, worldwide economic downturn
Employee Rights
justifiable claims that utility cannot override -positive vs negative rights: positive right- a right that focuses on achieving desired outcomes (ex: right to due process and fair treatment) negative right- a right that focuses on prohibiting unwanted outcomes (ex: right not to be fired without good cause) -legal rights statutory right- established/proved by law collective bargaining- rights brought about by union contracts, such as job security mechanisms or seniority preferences; unionized employees are 10% of todays workforce; started around safety; right to work gives option to pay union dues in 23 states -contractual -employment -moral rights fired with cause; due process and fair treatment; freedom of speech -joint rights legal and moral rights; privacy, health, safety
Sweatshops: Arguments For Them
many leaders within countries that have sweatshops argue in favor of them sweatshops provide jobs that are safer, better paying, and more reliable than the alternatives that may of the workers would have to resort to sweatshops reduce prostitution, many women would have to resort to selling themselves if it were not for sweatshop jobs
Equal Employment Opportunity Commission (EEOC)
monitors employer use of background checks and steps in when discriminatory practices are thought to have occurred
Consequence of Whistle blowing
more stringent criticism of work, less desirable work assignments, pressure to drop charges against the company, heavier workloads, lost perks, exclusion from meetings previously attended
Workplace Violence
one of the four leading causes of death in the workplace and the leading cause of death for women 2 categories: violence from an outside source violence stemming from coworkers who's affected: -each year over 2 million US workers are victims -those who exchange money with public (bank tellers and bank robberies) -workers who deliver passengers, good, or services (truck drivers and merchandise theft during transport) -workers alone or in small groups -workers who work late at night -workers in high crime areas prevention: -OSHA has new standards for employers to keep workplaces safe -employers can be liable if they do not follow OSHA's standards and someone gets hurt or killed while at work Violent Acts 1993 - 2,100,000 2009 - 572,000 Deaths 1993 - 1,068 2009 - 521
iFactory Foxconn (Social Contract)
partnership in China *social contract- suicides, lack of space 12 hr work days 1 hr meal breaks (meat and rice) if they eat fast enough, they can take a small nap really long lines for people trying to get jobs there ave worker- earn 23$/hr 43 hrs a week foxconn- earn 2$/hr for 60 hr workweek Apple & Disney: good relationship -workers put in a lot of effort and care into making good products -apple just increased salaries *walmart should be thinking about this too
Americans with Disabilities Act
prohibits companies from giving applicants medical exams before they extend those applicant's conditional offers of employment -law includes drug and alcohol addition; employer must be careful not to discriminate -prehire drug tests are permitted
Employment at Will Doctrine: 3 Challenges
public policy exception- employees cannot be fired because they refused to commit a crime or because the try to utilize privileges to which they are legally entitled; 43 states recognize the public policy exception (ex: serving on jury duty or refusing to commit a legal act) implied contract exception- employers are held to promises or implied promises (contracts) within employee handbooks, personnel manuals, and job offer letters; 42 states recognize the implied contract exception good faith principle- employers may run the risk of losing lawsuits to former employees if they fail to show that employees had every reasonable opportunity to improve their performance before termination; 20 states recognize the good faith principle
Open-Door Policy
relies on a senior level executive who asserts that her of his "door is always open" for those who think they have been treated unfairly -may be assigned to an HR executive ***most common ADR method problems: closed process, one person reviewing what happened, tendency for managers to support each other's decisions
Right-to-Know Laws
requires employers to identify hazardous chemicals in their workplaces and to provide employees with specified forms of information on substances and their hazards
Due Process
right to receive an impartial review of one's complaints and to be dealt with fairly right of employees to have impartial third parties review decisions that adversely affect them (right not to be fired without just cause) main requirements of a due process system: -must be a procedure that follows rules -must be sufficiently visible and well known so that potential violators are aware of it -must be predictably effective -must be institutionalized, a permanent fixture in the organization -must be perceived as equitable -must be easy to use -must apply to all employees examples: class conflicts, cheating at psu
Privacy Act of 1974
set certain controls on the right of the government to collect, use, and share data about individuals USA Patriot Act withdrew some of these controls
Alta Gracia - Duke Knight's Apparel
started a factory that makes college athletic apparel in the Dominican Republic; sell clothes at 350+ colleges the clothing costs more; but the company advertises that the high prices are going to higher paid workers focuses on the idea of a living wage -messages from family workers on the actual articles of clothing **can feed kids better, kids can go to college= paying workers with living page, they earn what they actually need to take care of their family -their living wage is calculated ($2.83/hr = 3x min wage which is .85 cents) -this can also bring in sweatshop condition issues
Sweatshops: Arguments Against Them
sweatshops provide unsafe and hazardous conditions, long hours, and extremely low wages workers are being taken advantage of by companies who seek only profit
Living Wage
the amount of money one would have to make to be able to survive and afford basic necessities within an environment
Employment at Will Doctrine
the relationship between employer and employees is a voluntary one that can be terminated at any time by either party -employees can leave at any time for any job -employers can decide at any time for any job to fire you
4 key elements of freedom of speech
the whistleblower the act of complaint about which the whistleblower is concerned (complaint) the party to whom the complaint or report is made (party reported to) the organization against which the complaint is made (org accused)