exam 2 pt. 3 Flashcards
People have the right “to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures”
Search and Seizure: 4th Amendment
Comprehensive statute aimed at eliminating sex
discrimination in educational institutions that receive federal funding
Title IX
Promote competition in the free market, break up
business trusts and monopolies, and prohibit
anticompetitive activity by businesses
Sherman Antitrust Act (1890) goal
Legislative response to Federal Baseball
Allows MLB players to sue their employers under
the Sherman Act
Exempts the business of baseball (including the
minor leagues)
Curt Flood Act (1998)
O’Bannon vs NCAA
Former UCLA men’s basketball player Ed O’Bannon and 20
other plaintiffs filed a case against the NCAA in regards to
amateurism rules and a violation of antitrust laws
* Players had issue with lack of compensation over their
images, names, and likeness
* Case has moved through the court system, even appealing
to the supreme court
* It is still unclear if the NCAA will be required to compensate
athletes for their names and likeness
* Changes have been made since these rulings and they tend
to favor the Power 5 conferences due to their financial
advantages
Establishes procedures for union certification and
decertification and rights and obligations of union and management once a union is in place
National Labor Relations Act (1935)
Prohibits employer from paying one employee less
than another on basis of sex when performing jobs of equal skill, effort, and responsibility
Equal Pay Act (1963)
Federal law prohibiting discrimination in many settings, including housing, education, and public
accommodations
Title VII of the Civil Rights Act of 1964
Prohibits employment discrimination on the basis of age
Age Discrimination in Employment Act
(1967)
Prohibits employment discrimination on the basis of disability
Applicant or employee must be able to perform all
essential functions of the job
Americans with Disabilities Act (1990)
Word, name, or symbol used by a manufacturer or
merchant to identify and distinguish its goods from those manufactured and sold by others
trademark
Used to identify the source of an intangible service
(e.g., professional sport franchises’ marks)
Service mark
Governs trademarks and service marks, gives
protection to the owner of a name or logo, keeps
others from selling goods as the goods of the
original source
Lanham Act
occurs when an organization
misappropriates trademarks, logos, and goodwill of events or organization (e.g., Subway in 2010
Vancouver)
Ambush marketing
The systematic study of the values guiding our
decision making
Ethics
The process of making a correct and fair decision
Depends on our values or the values of the
organizations for which we work
Ethical reasoning
Practical conflict involving equally compelling values or social obligations
Solved when we articulate which commonly held
values we admire most
Ethical dilemma
Requires consideration of how actions will affect
other groups and individuals
Ethical decision making
Concerned with values that guide behavior
The list of those actions people ought to do or
refrain from doing
Morality
Fundamental baseline values that dictate
appropriate behavior within a society
Morals
Ethical decision making process
- Identify the correct problem to be solved
- Gather all the pertinent information
- Explore codes of conduct relevant to your profession or to this particular dilemma
- Examine your own personal values and beliefs
- Consult with your peers or other individuals in the industry who may have experience in similar
situations - List your options
- Look for a “win-win” situation if at all possible
- Ask yourself: “How would my family feel if my
decision and how I arrived at my decision appeared
on the Internet tomorrow?” - Sleep on it; do not rush to a decision
- Make your best decision, knowing it may not be
perfect - Evaluate your decision
Most visible statement of ethical philosophy and
beliefs of an organization
Code of conduct
Moral precepts are universal; applicable to
all circumstances
Absolutism
What is moral depends on the situation
Relativism
Rules of the marketplace guide activities such as sales and marketing
Commercial moral rules
Occupations demand loyalty to an oath of office or professional standards to guard against selling out
Noncommercial moral rules
Discipline must be:
- Meaningful
- Enforceable
3 portions of risk management
- Plaintiff
- Defendant
- Negligence
Risk management goals
Prevention and intervention
4 P’s of marketing
Product
Price
Place
Promotion
4 areas of management
Planning
Organizing
Leading
Evaluating
