Exam 2 (Days 8-12) Flashcards

1
Q

Integrity

A

The willingness to conduct one’s self in accord with principles that promote fairness to all

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2
Q

Business Ethics

A

The study of how to properly use one’s economic and professional power with integrity.

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3
Q

Ethics

A

the study of Integrity

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4
Q

Cheating

A

The giving of less than fairly due while expecting the same reward as those who gave what was due.

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5
Q

Protected Classes

A

For these, an employer must be prepared to prove, for any discharge, for any reason, that it is not driven by discrimination.

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6
Q

not a protected class

A

Under US law, every American is in a protected class except non-disabled, non-gender diverse Caucasian males between the age of 18 and 40.

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7
Q

Disparate treatment

A

this is created by deliberate acts that deny protected classes access to the workplace

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8
Q

Disparate impact

A

this is created by common business practices that negatively impact protected classes

Most discrimination suits today

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9
Q

Why is discrimination an ethical issue

A
  1. Inclusion in “Protected Classes” has expanded to include most Americans.
  2. The categories for “discrimination victim” expand every year.
  3. The meaning of disability is constantly expanding
  4. The meaning of BFOQ can be subjective and hard to apply.
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10
Q

Bona Fide Occupational Qualifier

BFOQ

A

Through this, an employer can argue that a job, to be properly done, must require certain abilities on the part of the employee; but the burden of proof is on the employer

UPS case

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11
Q

two forms of sexual harassment

A
  1. The linkage, quid pro quo, of sexual activity to work place privileges
  2. The presence of a hostile work environment
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12
Q

A Quid Pro Quo Harassment Claim must be able to prove the following elements to a jury:

A
  1. The alleged harasser, an officer or employee of company X, suggested or requested a personal relationship with the plaintiff.
  2. The request was linked to the granting of certain job benefits or even the possibility of employment or continued employment.
  3. At the time of the conduct, the alleged harasser was a supervisor or agent for company X.
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13
Q

Workplace Possessiveness

A

Like workplace bullying, this can involve co-workers, create psychological harm and even the threat of physical harm.

This can express itself as quid pro quo harassment, physical stalking, e-stalking, restructured work assignments (possibly involving travel with the harasser) and revenge (If you don’t like me I’ll make it so no one ever likes you.)

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14
Q

Meritor Savings Bank v. Vinson

A

This established the principle that an employer is liable for quid pro quo sexual harassment even if the victim prefers not to report it until a lawsuit.

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15
Q

The Meritor v. Vinson Perspective

A

Employers must prepare for the unexpected

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16
Q

Hostile work environment

A

This is created by unwelcome verbal or physical conduct directed at race, color, religion, gender identity, national origin, age (40 and over), disability (mental or physical), sexual orientation, or retaliation.

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17
Q

Robinson v. Jacksonville Shipyards

A

This case established the principle that an employer is liable for sexual harassment even if the victim suffers no psychological harm

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18
Q

The elements of a hostile work environment complaint

A
  1. There is no quid pro quo
  2. It can be employee to employee
  3. The employer is liable even if unaware or not involved
  4. The lack of preventive policies increase the awarded damages.
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19
Q

The Tail Hook Scandal

A

100 U.S. Navy and Marine aviation officers were alleged to have sexually assaulted 83 women

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20
Q

Bullying in the workplace

A

A violation of the

Social Contract

21
Q

Goal Driven

Workplace Bullying

A

In this the purpose of the bullying is to drive someone from the workplace.

22
Q

Friedrich Nietzsche in: The Will to Power

A

Argued that the most fundamental human need is to possess and control

23
Q

Psychologically Driven

Workplace Bullying

A

In this the purpose of the bullying is to express power

24
Q

Workplace bullying
differs from
“schoolyard” bullying
in three ways

A
  1. It is goal driven rather than psychologically driven.
  2. It is more subtle. It operates within the established rules and policies of both the organization and existing laws.
  3. In most cases the bully (bullies) is not a peer but a boss or a manager.
25
Q

Actionable

A

Conduct that crosses the line between something formal laws will ignore and something they won’t.

26
Q

six elements most commonly found in cases of bullying

A
  1. Disproportionate power
  2. A disregard for one’s personhood
  3. An absence of individuals able or willing to defend the victim
  4. A conscious effort on the part of the bully to not empower the victim with a legal recourse
  5. A disregard for one’s property
  6. A disregard for one’s rights
27
Q

Plato’s Euthyphro

A

The oldest recorded case of Whistleblowing

This can also be regarded as the oldest example of an ethical dilemma

28
Q

Problem Reporting

A

In this an employee who discovers organizational misconduct chooses to bring it to the attention of his or her immediate supervisor

29
Q

Whistleblower

A

In this an employee who discovers organizational misconduct chooses to bring it to the attention of someone other than his or her immediate supervisor

30
Q

Internal Whistleblowing

A

This occurs when an employee discovers organizational misconduct and brings it to the attention of a company official, who then follows established procedures to address the misconduct within the organization

31
Q

External Whistleblowing

A

When an employee discovers organizational misconduct and chooses to bring it to the attention of law enforcement agencies and/or the media.

32
Q

The moral question in whistleblowing

A

Why did the employee who discovered organizational misconduct choose not to bring it to the attention of his or her supervisor. – skip the normal procedure of problem reporting?

33
Q

The five factors that characterize

Whistle-blowing

A
  1. The problem harms or potentially harms people.
  2. The problem has been documented, it is real.
  3. Efforts to internally resolve the problem have been exhausted.
  4. The communication of the problem ignores normal channels.
  5. There is the belief the act of reporting will resolve the problem.
34
Q

When is Whistle-Blowing Unethical?

A

Whistle-blowing must be questioned if:

  • Motivation is the opportunity for financial gain or media attention
  • Employee is carrying out a vendetta against the company
    • Key point –be very sure that your facts and your evidence is irrefutable before blowing the whistle
35
Q

The two factors that make whistleblowing unethical

A
  1. It is done only for financial reward or media attention.

2. It is done as an act of revenge.

36
Q

The two devices companies
primarily use to contain
whistle-blowing

A
  1. Confidentiality agreements.

2. The threat of a “tortious interference” suit directed at media seeking to cover the problem.

37
Q

Tortious Interference

A
A legal term defining conduct
aimed at creating either public or
judicial prejudice against a party in
a lawsuit seeking compensatory
damages.
38
Q

Ground

A

A statement or set of statements That can be held as incontestably valid.

39
Q

a posteriori

A

that which is known with certainty by the senses

objective knowledge only exists when all observers experience the same
IF – THEN Conditions

knowledge gained “from after” birth

40
Q

a priori

A

that which is known with certainty by inference

tied to understanding and ground

knowledge gained “from before” birth
i.e. innate common sense

This relates to those things we can know with certainty when we have no causal influence affecting our senses.

41
Q

Analogical Inference

A

The justification of a claim based upon a comparison of traits or circumstances.

42
Q

Phenomenology

A

The study of appearances to the mind

43
Q

Phenomenon

A

The object as it appears to the mind

Phenomena is the plural

44
Q

Epistemology

A

the study of knowledge and the use of logic to achieve certainty

45
Q

Skepticism

A

the view that religious and metaphysical knowledge is always tentative

Plato argued against skepticism using the doctrine of
Moral intellectualism

46
Q

Moral intellectualism

A

Morality is inherently rational and objective

47
Q

Voluntarism

A

Rulers use religion to create moral principles so the society can be controlled

Rulers use religion or government to create moral principles to better control society

48
Q

Intellectualism

A

Morality is inherently rational and objective