Exam 2 (Days 8-12) Flashcards
Integrity
The willingness to conduct one’s self in accord with principles that promote fairness to all
Business Ethics
The study of how to properly use one’s economic and professional power with integrity.
Ethics
the study of Integrity
Cheating
The giving of less than fairly due while expecting the same reward as those who gave what was due.
Protected Classes
For these, an employer must be prepared to prove, for any discharge, for any reason, that it is not driven by discrimination.
not a protected class
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.
Disparate treatment
this is created by deliberate acts that deny protected classes access to the workplace
Disparate impact
this is created by common business practices that negatively impact protected classes
Most discrimination suits today
Why is discrimination an ethical issue
- Inclusion in “Protected Classes” has expanded to include most Americans.
- The categories for “discrimination victim” expand every year.
- The meaning of disability is constantly expanding
- The meaning of BFOQ can be subjective and hard to apply.
Bona Fide Occupational Qualifier
BFOQ
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
two forms of sexual harassment
- The linkage, quid pro quo, of sexual activity to work place privileges
- The presence of a hostile work environment
A Quid Pro Quo Harassment Claim must be able to prove the following elements to a jury:
- The alleged harasser, an officer or employee of company X, suggested or requested a personal relationship with the plaintiff.
- The request was linked to the granting of certain job benefits or even the possibility of employment or continued employment.
- At the time of the conduct, the alleged harasser was a supervisor or agent for company X.
Workplace Possessiveness
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.)
Meritor Savings Bank v. Vinson
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.
The Meritor v. Vinson Perspective
Employers must prepare for the unexpected
Hostile work environment
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.
Robinson v. Jacksonville Shipyards
This case established the principle that an employer is liable for sexual harassment even if the victim suffers no psychological harm
The elements of a hostile work environment complaint
- There is no quid pro quo
- It can be employee to employee
- The employer is liable even if unaware or not involved
- The lack of preventive policies increase the awarded damages.
The Tail Hook Scandal
100 U.S. Navy and Marine aviation officers were alleged to have sexually assaulted 83 women