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Chapter 18 Employee Stakeholders: Privacy, Safety, and Health SUGGESTED ANSWERS TO DISCUSSION QUESTIONS Students should recognize that their answers to these discussion questions should be well reasoned and supported with evidence. Although some answers will be more correct than others, students should be aware that simplistic answers to complex questions, problems, or issues such as these will never be “good” answers. What are the fundamental aspects of employee privacy, and what are the expectations regarding the management's role in maintaining privacy while also ensuring effective oversight and control within the workplace? Privacy means the right to keep personal information secret if I so choose; to have the ability to approve or deny any collection of information about me; to not have information about me shared with anyone without my knowledge and consent; and to not be contacted without my invitation (e.g. telemarketing, spam, and Internet advertising). At the very minimum, companies should not share any personal information to outsiders, or even to insiders who do not have a need to know. Personal information should only be shared for purposes to which it is relevant (i.e. medical information should not be shared with people making decisions about work assignments). It is not reasonable to expect that employers will not (or should not, for that matter) monitor employees’ locations and activities. By definition, the management function entails control, which necessitates monitoring. What are the potential benefits and drawbacks of using polygraphs in employment settings, particularly in relation to issues of privacy, employee rights, and the reliability of the technology, and how should organizations navigate these complexities in their approach to employee monitoring and security measures? The polygraph’s strengths all depend on its accuracy, which is subject to some question. If the polygraph is accurate, it can solve an age-old problem—how to distinguish between the truth and a lie. This has obvious benefit to managers, who need to know the truth. The major weakness of the polygraph is that it is not 100 percent accurate. Some studies have reported a 50 percent error rate, which is completely unacceptable. If managers are relying on a polygraph to reveal “the truth,” they will be basing their decisions on faulty assumptions. Because of problems inherent in use of the polygraph and the importance of decisions based on it, I don’t think it should be used at all. What are the perceived benefits and limitations of integrity testing in the workplace, and under what circumstances should its use be considered, as outlined in the provided text on employee stakeholders' privacy, safety, and health? The primary benefits of integrity testing seem to be its ease of administration and low cost. Weaknesses include invasion of privacy and unreliability. If integrity tests are indeed unreliable, their use should be limited. If they are used, it should only be in cases where the work involves an important public trust, such as having control over life-and-death matters (e.g., a bus driver or an airline pilot). How has the proliferation of technology in the workplace both enabled employers to monitor employees more closely and led to a diminishing sense of privacy for workers? In what ways does this dynamic impact the traditional social contract between employers and employees, and how might organizations navigate these challenges while upholding ethical standards and maintaining healthy workplace environments? Technology has provided employers with cheap and easy means to monitor employees virtually all of the time. On the other hand, access to technology at the workplace also has increased employee abuse of employer resources, necessitating some of the monitoring. As a result, workplace privacy is virtually non-existent. This further exacerbates the power imbalance between employer and employee, making the social contract even more of a master/servant relationship, rather than a contract between equals. It also changes the social contract between the employer and employee because employees are more willing to switch jobs for various reasons, including lack of privacy. How has the response to the 9/11 attacks, particularly through legislation such as the USA Patriot Act, impacted workplace privacy, and what are the broader implications for privacy rights in both the workplace and personal lives, as discussed in the chapter on Employee Stakeholders: Privacy, Safety, and Health in "Business & Society: Ethics, Sustainability, and Stakeholder Management"? It is necessary to first clarify that it was not the 9/11 attacks, in themselves, that affected workplace privacy. Rather, it was our chosen response to those attacks that affected workplace privacy. Lead by passage of the USA Patriot Act, privacy issues have taken a backseat to security concerns. Workplace privacy has likewise been diminished. Reducing workplace privacy has actually been difficult to accomplish, simply because it was virtually non-existent to begin with. The long-term implications reside more in the political realm than in the workplace. Privacy has never existed to a large extent in business, but as citizens, our right to privacy in our homes and personal lives has been trampled. What are the key considerations and guidelines for companies regarding privacy policies concerning employee and applicant information, particularly focusing on the importance of obtaining informed consent and implementing controls to prevent unauthorized dissemination of personal data, as discussed in the suggested answer from 'Business & Society: Ethics, Sustainability, and Stakeholder Management'? The two most important privacy policy guidelines are first, to obtain informed consent from employees and applicants before acquiring information about them, and second, to set controls so as to avoid casual and unauthorized spread of information. Companies need to obtain employee and applicant consent before gathering personal information, not because they are legally required to do so, but because it informs employees and applicants of employer expectations and protects the employer in the event that an employee or applicant contests the collection of personal information. Second, employers need to be sure that appropriate controls are in place regarding employee privacy because the unauthorized use of employee information could subject the company to legal liability and decrease employee morale. What considerations should be taken into account when addressing workplace violence in relation to employee stakeholders' privacy, safety, and health, particularly focusing on the importance of informing employees, the impact on their well-being, and the necessity of due process in addressing the issue? With violence in the workplace, there seems to be less need for privacy, because the perpetrator is putting employees’ safety at risk. They should therefore be informed of the concerns. Violence is also a health issue because employees’ physical and emotional conditions could be harmed. Finally, due process is an issue in workplace violence because the perpetrator’s story should be heard and investigated. Just because one person was violent does not necessarily mean that s/he is to blame or that someone else was not involved as well. Due process issues fall under the rubric of procedural justice, which is a basic human right, regardless of context. GROUP ACTIVITY Divide students into eight groups. Have all students read the background information for ABC Trucking Company below. Designate a committee assignment for each group. The various committees will address privacy, safety and health issues for ABC Trucking Company. Specifically, each committee should address the questions listed below their committee assignment. While each group is responsible for the questions listed under their assigned committee, the instructor should distribute the questions to be addressed by each committee to every student. Once the committees have addressed their assigned issues, they should share their ideas with the entire class. This will enable all students to review the major issues in the chapter. Background: ABC is a multi-regional trucking company. The company currently employs 3,843 linehaul drivers and 3,142 pickup and delivery drivers. The company ships many products, including hazardous materials. Committee 1 You have been asked to serve on ABC’s privacy committee. It is the committee’s responsibility to draft a privacy policy for the company. At this initial meeting, you need to decide the following: Will you monitor your employees’ e-mails and telecommunications? If the answer to number 1 is yes, for what purpose will you use the information? What type(s) of information do you think the company needs to know? If the answer to number 1 is yes, do you have any concerns on how this might affect your employees? Do you have any legal concerns? Specifically, does the Electronic Communication Privacy Act or the USA Patriot Act apply? Committee 1: Privacy Committee Drafting a Privacy Policy for ABC Trucking Company 1. Monitoring Employees' Emails and Telecommunications: • The committee needs to decide whether to monitor employees' emails and telecommunications. This decision should consider the balance between ensuring company security and respecting employees' privacy rights. 2. Purpose of Monitoring and Types of Information Needed: • If the decision is to monitor, the committee should define the purpose(s) for which the information will be used. This may include ensuring compliance with company policies, preventing unauthorized disclosure of sensitive information, and detecting potential security threats. • The types of information needed may include monitoring for compliance with company policies, ensuring the security of sensitive company data, and identifying potential security risks. 3. Concerns for Employees: • The committee should address any concerns about how monitoring employees' emails and telecommunications might affect employee morale, trust, and privacy. This could involve implementing transparency measures, such as informing employees of the monitoring policy and its purpose. 4. Legal Considerations: • The committee must assess the legal implications of monitoring employees' communications. This includes determining whether the Electronic Communication Privacy Act (ECPA) and the USA Patriot Act apply to the company's monitoring practices. • The committee should ensure that any monitoring activities comply with applicable laws and regulations, including obtaining consent where required and implementing safeguards to protect employee privacy rights. By addressing these questions, the Privacy Committee can draft a comprehensive privacy policy for ABC Trucking Company that balances the need for security with respect for employee privacy rights. Committee 2 You have been asked to serve on ABC’s privacy committee. It is the committee’s responsibility to decide whether it will use the polygraph and/or integrity testing in connection with its hiring process. At this initial meeting, you need to decide the following: Will the company use a polygraph in its hiring process? If so, why? Can it do so under the Employee Polygraph Protection Act? Will the company use an integrity test in its hiring process? If so, why? If the answer(s) to number 1 and/or 2 is yes, what types of information do you think the company needs from the tests? If the answer(s) to number 1 and/or 2 is yes, do you have any concerns about these tests? Committee 2: Privacy Committee Decision on Polygraph and Integrity Testing in Hiring Process 1. Use of Polygraph in Hiring Process: • The committee needs to decide whether the company will use a polygraph in its hiring process. This decision should consider the legality and ethical implications under the Employee Polygraph Protection Act (EPPA). • If the decision is to use a polygraph, the committee should justify why it is necessary and ensure compliance with the EPPA, which generally prohibits most private employers from using lie detector tests during the hiring process. 2. Use of Integrity Test in Hiring Process: • Similarly, the committee needs to decide whether the company will use an integrity test in its hiring process. This decision should be based on the effectiveness and relevance of such tests in assessing job-related characteristics. • The committee should consider the potential benefits of using integrity tests, such as evaluating candidates' honesty, reliability, and trustworthiness. 3. Types of Information Needed from Tests: • If the decision is to use either a polygraph or integrity test, the committee should determine the types of information the company seeks to gather from these tests. This could include assessing candidates' truthfulness, integrity, and suitability for employment. 4. Concerns about Testing: • The committee should address any concerns about the use of polygraph or integrity tests in the hiring process. These concerns may include potential legal challenges, invasion of privacy, and fairness to candidates. • It's essential to ensure that any testing procedures are conducted fairly, transparently, and in accordance with applicable laws and regulations. By addressing these questions, the Privacy Committee can make an informed decision regarding the use of polygraph and integrity testing in ABC Trucking Company's hiring process, balancing the company's needs with employee rights and legal requirements. Committee 3 You have been asked to serve on ABC’s privacy committee. It is the committee’s responsibility to make decisions regarding the company’s drug testing policy. At this initial meeting, you need to decide the following: Is the company required to conduct drug tests? If the answer to number 1 is yes, do you have any concerns about drug testing in the company? If the answer to number 1 is yes, what guidelines would you recommend for a company drug testing policy? If the answer to number 1 is yes, are there any potential problems with the Americans with Disabilities Act? Committee 3: Privacy Committee Decision on Drug Testing Policy 1. Requirement for Drug Testing: • The committee needs to determine whether the company is required to conduct drug tests. This decision may be influenced by federal and state regulations, industry standards, and company policies. • If there are legal or regulatory requirements mandating drug testing for certain positions or industries, the committee should ensure compliance with those requirements. 2. Concerns about Drug Testing: • The committee should discuss any concerns or considerations related to implementing a drug testing policy in the company. These concerns may include employee privacy rights, potential discrimination, and the accuracy and reliability of drug testing methods. 3. Guidelines for Drug Testing Policy: • If the decision is to conduct drug tests, the committee should recommend guidelines for the company's drug testing policy. These guidelines may include: • Clearly defining which positions or circumstances require drug testing. • Establishing procedures for conducting drug tests, including specimen collection, testing methods, and confidentiality measures. • Outlining consequences for positive drug test results, including disciplinary actions and rehabilitation programs. • Ensuring fairness and consistency in the application of the drug testing policy across all employees. 4. Potential Problems with the Americans with Disabilities Act (ADA): • The committee should consider potential issues related to the Americans with Disabilities Act (ADA) when implementing a drug testing policy. The ADA prohibits discrimination against individuals with disabilities and may require employers to provide reasonable accommodations. • If an employee tests positive for drugs due to a disability or medical condition covered by the ADA, the company must engage in an interactive process to determine whether a reasonable accommodation is needed. • The committee should ensure that the drug testing policy complies with the ADA's requirements and does not unfairly disadvantage employees with disabilities. By addressing these questions, the Privacy Committee can develop a drug testing policy for ABC Trucking Company that balances the company's safety and compliance needs with employee privacy and legal considerations. Committee 4 You have been asked to serve on ABC’s safety committee. It is the committee’s responsibility to make sure the company is compliant with state and federal laws that protect the safety and health of its workers. At this initial meeting, you need to decide the following: What type(s) of information, if any, is the company required to provide to its employees generally under state law(s)? What type(s) of information, if any, is the company required to provide to its employees under federal law (OSHA)? What rights and responsibilities do the employees have under federal law (OSHA)? Committee 4: Safety Committee Compliance with State and Federal Safety and Health Laws 1. Information Required under State Law(s): • The committee should identify the type(s) of information the company is required to provide to its employees under state safety and health laws. This may include: • Information about workplace hazards and safety procedures. • Training on safe work practices and procedures specific to the trucking industry. • Instructions on handling hazardous materials and emergency response protocols. • Notices regarding workers' compensation rights and reporting procedures for workplace injuries or illnesses. 2. Information Required under Federal Law (OSHA): • The committee should determine the type(s) of information the company is required to provide to its employees under the Occupational Safety and Health Act (OSHA). This may include: • Hazard Communication Standard: Providing employees with access to safety data sheets (SDS) and labels for hazardous chemicals used in the workplace. • OSHA Poster: Displaying the official OSHA poster informing employees of their rights and employer responsibilities. • Training Requirements: Ensuring that employees receive training on OSHA regulations applicable to their job duties, such as hazard recognition, fall protection, and equipment operation. • Recordkeeping: Maintaining records of workplace injuries, illnesses, and safety training in compliance with OSHA's recordkeeping requirements. 3. Employee Rights and Responsibilities under Federal Law (OSHA): • The committee should outline the rights and responsibilities that employees have under OSHA. These may include: • The right to a safe workplace free from recognized hazards that may cause serious harm or death. • The right to receive training on workplace safety and health hazards. • The responsibility to follow safety protocols and use personal protective equipment (PPE) as required. • The right to report unsafe working conditions to management or OSHA without fear of retaliation. By addressing these questions, the Safety Committee can ensure that ABC Trucking Company complies with state and federal safety and health laws, thereby promoting a safe and healthy work environment for all employees. Committee 5 You have been asked to serve on ABC’s safety committee. It is the committee’s responsibility to determine how the company should respond to issues of workplace violence. At this initial meeting, you need to decide the following: Is the company at an increased risk for workplace violence? If so, why? If the answer to number 1 is yes, what can this company specifically do to deter workplace violence? Does the company need policies and procedures to address workplace violence? If so, what should be included in these policies and procedures? Committee 5: Safety Committee Addressing Workplace Violence 1. Risk Assessment for Workplace Violence: • The committee should assess whether the company is at an increased risk for workplace violence. Factors to consider may include: • The nature of the trucking industry, which may involve high-stress environments, long hours, and interactions with potentially volatile individuals. • The transportation of valuable or sensitive cargo, which could attract criminal activity. • Previous incidents or threats of violence in the workplace. • Based on this assessment, the committee can determine the level of risk and the need for preventive measures. 2. Deterrence Measures for Workplace Violence: • If the company is at an increased risk for workplace violence, the committee should identify specific measures to deter violence. This may include: • Implementing security measures such as surveillance cameras, access control systems, and security personnel at facilities and terminals. • Providing training to employees on recognizing warning signs of potential violence, conflict resolution techniques, and de-escalation strategies. • Establishing a zero-tolerance policy for workplace violence and communicating clear consequences for violating the policy. • Encouraging open communication and reporting of concerns about potential threats or unsafe situations. 3. Policies and Procedures for Addressing Workplace Violence: • The committee should determine whether the company needs formal policies and procedures to address workplace violence. If so, these policies and procedures should include: • Definitions of workplace violence, including physical violence, threats, harassment, and intimidation. • Reporting procedures for employees to notify management or HR of incidents or concerns related to workplace violence. • Investigation protocols for responding to reports of workplace violence, including confidentiality measures and disciplinary actions. • Support resources for employees affected by workplace violence, such as counseling services or victim assistance programs. • Training requirements for employees and supervisors on recognizing, preventing, and responding to workplace violence incidents. By addressing these questions, the Safety Committee can develop a comprehensive approach to addressing workplace violence at ABC Trucking Company, promoting a safe and secure work environment for all employees. Committee 6 You have been asked to serve on ABC’s health committee. It is the committee’s responsibility to address issues related to employee health. The company has several smokers. At this initial meeting, you need to decide the following: Does the company need a smoking policy? If so, why? If the answer to number 1 is yes, what type of policy does the company need? What would the policy require? Committee 6: Health Committee Developing a Smoking Policy 1. Need for a Smoking Policy: • The committee should assess whether the company needs a smoking policy. Factors to consider may include: • The health risks associated with smoking, including increased risk of chronic diseases, respiratory problems, and workplace accidents. • The impact of secondhand smoke on non-smoking employees and visitors to the workplace. • Compliance with state and local laws regulating smoking in public places and workplaces. • Based on this assessment, the committee can determine whether a smoking policy is necessary to protect employee health and ensure compliance with legal requirements. 2. Type of Smoking Policy and Requirements: • If the company needs a smoking policy, the committee should outline the type of policy and its requirements. This may include: • A comprehensive smoke-free policy prohibiting smoking in all indoor areas of the workplace, including vehicles, terminals, and offices. • Designated smoking areas for employees who smoke, located in well-ventilated outdoor areas away from building entrances and non-smoking employees. • Restrictions on smoking during work hours or while operating company vehicles or equipment. • Provisions for informing employees about the smoking policy, including signage, employee handbooks, and training sessions. • Enforcement measures for violations of the smoking policy, such as progressive disciplinary actions or fines. • Support resources for employees who want to quit smoking, such as smoking cessation programs or access to counseling services. By addressing these questions, the Health Committee can develop a smoking policy for ABC Trucking Company that promotes a healthy work environment for all employees and complies with legal requirements regarding smoking in the workplace. Committee 7 You have been asked to serve on ABC’s health committee. It is the committee’s responsibility to address issues related to serious health conditions that limit employee performance. At this initial meeting, you need to decide the following: Is the company required to comply with the Family Medical Leave Act? Does the company have to pay female employees during any maternity leave? Does the company have to provide health benefits for such employees? Can truck drivers take leave to care for a sick child, spouse or parent? If the answers to 1, 2 and/or 3 are yes, does the company have to hold an employee’s job for the employee during the employee’s leave? Committee 7: Health Committee Addressing Serious Health Conditions and Leave Policies 1. Family Medical Leave Act (FMLA) Compliance: •The committee should determine whether the company is required to comply with the Family and Medical Leave Act (FMLA). Factors to consider may include: •The size of the company and the number of employees, as FMLA applies to employers with 50 or more employees within a 75-mile radius. •Whether employees meet eligibility criteria, including length of employment and hours worked. •If the company is subject to FMLA, it must provide eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. 2. Maternity Leave and Benefits: •The committee should assess whether the company is required to provide maternity leave and benefits for female employees. This may include: •Determining whether state or local laws require paid maternity leave or provide additional benefits beyond FMLA requirements. •Exploring company policies and practices regarding maternity leave, including paid time off, health benefits continuation, and job protection. •Ensuring compliance with Title VII of the Civil Rights Act and the Pregnancy Discrimination Act, which prohibit discrimination based on pregnancy, childbirth, and related medical conditions. 3. Leave to Care for Family Members: •The committee should determine whether truck drivers are entitled to take leave to care for a sick child, spouse, or parent. This may depend on: •Whether the company is covered by FMLA or state family leave laws. •The specific circumstances and eligibility criteria for requesting family care leave under company policies and applicable laws. 4. Job Protection During Leave: •If the company is subject to FMLA or other leave laws, the committee should address whether the company is required to hold an employee's job during their leave. This may include: •Understanding FMLA job restoration requirements, which generally mandate that employees return to the same or equivalent position after taking FMLA leave. •Reviewing company policies and procedures for job protection during leave, including reinstatement rights and benefits continuation. •Ensuring compliance with applicable laws and regulations governing job protection and leave entitlements. By addressing these questions, the Health Committee can ensure that ABC Trucking Company's policies and practices regarding serious health conditions and employee leave are compliant with applicable laws and promote the well-being of employees and their families. Committee 8 You have been asked to serve on ABC’s work/life balance committee. It is the committee’s responsibility to address issues related to work/life balance. At this initial meeting, you need to decide the following: What work/life balance issues, if any, does the company have? What types of programs/benefits might the company adopt to address any work/life balance issues noted in question 1? How will the programs/benefits listed in question 2 affect the company’s economic viability? Committee 8: Work/Life Balance Committee Addressing Work/Life Balance 1. Identifying Work/Life Balance Issues: • The committee should identify any work/life balance issues that exist within ABC Trucking Company. These may include: • Long working hours or irregular schedules for truck drivers, impacting their ability to spend time with family and pursue personal interests. • High levels of job-related stress or burnout among employees due to demanding workloads and tight deadlines. • Lack of flexibility in scheduling or limited opportunities for employees to take time off for personal or family commitments. • Challenges in managing work/life balance while on the road for extended periods. 2. Programs/Benefits to Address Work/Life Balance Issues: • Based on the identified issues, the committee should propose programs and benefits to help address work/life balance concerns. These may include: • Flexible work arrangements, such as telecommuting, compressed workweeks, or flexible scheduling options for drivers. • Paid time off policies that provide employees with sufficient vacation, sick leave, and personal days to address family needs or pursue personal interests. • Employee assistance programs (EAPs) offering counseling, support services, and resources to help employees manage stress, mental health, and work/life balance. • Wellness initiatives promoting physical activity, healthy lifestyles, and stress reduction techniques for employees. • Family-friendly policies, such as parental leave, childcare assistance, and eldercare support, to help employees balance work and family responsibilities. 3. Impact on Company's Economic Viability: • The committee should assess how the proposed programs and benefits will affect the company's economic viability. Considerations may include: • Cost implications of implementing and maintaining work/life balance programs and benefits, including administrative expenses and employee compensation. • Potential return on investment (ROI) in terms of improved employee morale, engagement, productivity, and retention. • Competitive advantage in attracting and retaining top talent in the trucking industry by offering desirable work/life balance initiatives. • Potential long-term savings from reduced turnover, absenteeism, and healthcare costs associated with employee stress and burnout. By addressing these questions, the Work/Life Balance Committee can develop strategies to enhance work/life balance at ABC Trucking Company, benefiting both employees and the company's overall success and sustainability. INDIVIDUAL ASSIGNMENT Distribute the following instructions to each student: Create a general social media policy that could be used by multiple companies. You should consider the following questions when developing the social media policy: Will these companies be allowed to monitor employee posts / pages on social media sites? What privacy concerns does this raise? How should companies deal with leaks of confidential information, material which could lead to an adverse employment decision, defamatory communications concerning a company, etc. that were obtained through monitoring an employee’s social media site? To craft a general social media policy applicable to multiple companies, students should consider the following elements and questions: 1. Introduction and Purpose: • Begin the policy with an introduction outlining its purpose, which is to provide guidelines for employees' use of social media platforms in a manner consistent with company values, brand reputation, and legal requirements. 2. Employee Use of Social Media: • Specify that employees are free to use social media platforms for personal purposes outside of working hours. • Emphasize that while employees have the right to express themselves, their conduct on social media should not reflect negatively on the company, its clients, or colleagues. 3. Monitoring Employee Posts: • Address whether companies will be allowed to monitor employee posts/pages on social media sites. • Consider balancing the need for monitoring to protect company interests with employees' privacy rights. • Specify the circumstances under which monitoring may occur, such as investigations into misconduct, protection of proprietary information, or compliance with legal obligations. 4. Privacy Concerns: • Acknowledge the privacy concerns raised by monitoring employee social media activity. • Ensure compliance with applicable privacy laws and regulations. • Clearly communicate the company's approach to protecting employee privacy rights while maintaining a safe and respectful work environment. 5. Confidential Information and Defamatory Communications: • Outline procedures for handling leaks of confidential information or defamatory communications concerning the company obtained through monitoring an employee's social media site. • Stress the importance of safeguarding confidential information and maintaining professionalism in online communications. • Specify consequences for breaches of confidentiality or engaging in defamatory behavior, which may include disciplinary action up to and including termination. 6. Reporting Violations: • Encourage employees to report any violations of the social media policy promptly. • Provide channels for reporting concerns, such as HR representatives, supervisors, or anonymous reporting systems. 7. Training and Education: • Commit to providing training and education to employees on the company's social media policy, including its purpose, guidelines, and consequences for non-compliance. • Ensure that employees understand their rights and responsibilities when using social media platforms. 8. Compliance and Enforcement: • Establish procedures for enforcing the social media policy and addressing violations. • Ensure consistency and fairness in enforcement actions, taking into account the severity of the violation and mitigating factors. 9. Review and Updates: • Commit to regular review and updates of the social media policy to reflect changes in technology, social media platforms, and legal requirements. By addressing these questions and elements, students can develop a comprehensive social media policy that balances the interests of employees and employers while promoting responsible and professional use of social media in the workplace. Chapter 19 Employment Discrimination and Affirmative Action SUGGESTED ANSWERS TO DISCUSSION QUESTIONS Students should recognize that their answers to these discussion questions should be well reasoned and supported with evidence. Although some answers will be more correct than others, students should be aware that simplistic answers to complex questions, problems, or issues such as these will never be “good” answers. What are the key federal discrimination laws aimed at protecting employees from various forms of discrimination in the workplace, and what roles does the Equal Employment Opportunity Commission (EEOC) play in enforcing these laws? The major federal discrimination laws and what they prohibit are listed below: Title VII of the Civil Rights Act of 1964 – race, color, religion, sex, or national origin Age Discrimination in Employment Act of 1967 – age 40 years and older Equal Pay Act of 1963 – sex Rehabilitation Act of 1973, Section 503 - handicap Americans with Disabilities Act of 1990 – physical or mental disabilities Civil Rights Act of 1991 – sex, religion, race, disability, or national origin The Equal Employment Opportunity Commission (EEOC) is primarily responsible for enforcing these laws. How do the concepts of disparate treatment and disparate impact manifest in employment practices, and what are the ethical and legal implications for organizations in addressing issues related to discrimination based on race, gender, religion, and other protected characteristics? Disparate treatment refers to the act of treating people differently based on their race, color, religion, sex, or national origin. An example might be a corporation hiring a female receptionist without considering males for the position. Disparate impact means that a disproportionate number of a minority achieves a certain result or status than would be expected based on that minority’s numerical proportion of the total population. An example might be African American students receiving fewer scholarships that are based on standardized test scores than expected, based on the percentage of African American students to the population of all students. Case 35, “Is Hiring on the Basis of “Looks” Discriminatory,” where a firm’s policy of hiring attractive associates led to the exclusion of certain groups is a good case to explore the issue of disparate impact. What are the perceived effects of the Americans with Disabilities Act (ADA) on businesses, particularly regarding compliance challenges and its impact on smaller firms, as discussed in the provided text on employment discrimination and affirmative action? Based on corporate executives’ level of support for the ADA, it would seem that the law is having little or no negative effect on business, and may even have a positive effect. However, it certainly can be more difficult and costly for smaller firms to comply with the ADA than larger firms. Furthermore, provisions of the ADA can touch issues and areas which many people do not realize. For example, as noted in previous chapters, drug and alcohol abuse are recognized as disabilities under the ADA. Consequently, to the extent that companies conduct drug and alcohol testing on their applicants and employees, they must ensure that such practices are in compliance with the ADA. How does the concept of affirmative action raise the issue of potential reverse discrimination and challenge the notion of providing equal opportunities in employment? Considering the historical context and the current state of societal inequalities, what arguments support the continued implementation of affirmative action programs in the pursuit of achieving a level playing field for all individuals in the workforce? The dilemma of affirmative action and reverse discrimination is unavoidable. Any time that one group is given preferential treatment of any kind, it necessarily means that another group is provided less than full consideration. The reason that affirmative action was initiated was to rectify past injustices by providing preference toward the afflicted group, with the goal of eventually providing a level playing field for all. So the relevant question now is if the playing field is level. Statistics clearly show that it is not, so businesses should be able to implement affirmative action programs. Thus, I believe the Supreme Court is headed in the wrong direction with its decisions to inhibit affirmative action legislation. What ethical considerations should be taken into account when determining preferential treatment in university admissions, especially concerning students from disadvantaged high schools, as discussed in the chapter on Employment Discrimination and Affirmative Action in "Business & Society: Ethics, Sustainability, and Stakeholder Management"? Preferential treatment in university admissions, in a perfect world, should go to those who have the capacity to excel. In the real world, preferential treatment should go to the top students in disadvantaged high schools. Note that I do not specify race or sex as a criterion. The issue is academic potential, not biological characteristics. The reason students from disadvantaged high schools should get preferential treatment is that the education they received was below par, through no fault of their own. The real answer to this question is to provide equally good education in all primary and secondary schools, so that a student graduating from a high school in South Central Los Angeles has received the same educational opportunities as a student in Auburn Hills, Michigan. GROUP ACTIVITY Divide students into groups of four to five students. Have each group develop the following training programs for a fictional company: interviewing and hiring techniques and sexual harassment training. Students should include procedures for interviewing and hiring new employees, noting questions and actions that would be in violation of federal law. They also should provide relevant information in the training session regarding anti-discrimination laws. Students also should prepare procedures for sexual harassment training. Specifically, students should provide instruction on what constitutes sexual harassment and the potential legal issues implicated by such actions. Further, students should note the fictional company’s policies on sexual harassment. After reviewing the training programs of the various groups, the instructor may want to select a few groups to conduct an actual training session for the entire class on these issues. There's a breakdown of the training programs for both interviewing and hiring techniques and sexual harassment training for the fictional company: Interviewing and Hiring Techniques Training Program: 1. Legal Compliance: • Begin by outlining federal laws related to interviewing and hiring, such as the Equal Employment Opportunity Commission (EEOC) guidelines and Title VII of the Civil Rights Act. • Emphasize the importance of avoiding questions related to age, race, gender, religion, marital status, disability, and other protected characteristics during interviews. • Provide examples of prohibited questions and actions, such as asking about family plans, age, or health conditions. 2. Effective Interviewing Techniques: • Train interviewers on the importance of structured interviews and asking job-related questions. • Provide guidance on evaluating candidates based on skills, experience, and qualifications rather than personal characteristics. • Encourage interviewers to take thorough notes during interviews and use objective criteria for assessment. 3. Anti-Discrimination Laws: • Offer a comprehensive overview of anti-discrimination laws and how they apply to the hiring process. • Discuss the implications of discrimination in hiring decisions and the legal consequences for the company and individuals involved. • Highlight the company's commitment to diversity and inclusion in the workplace. 4. Role-Playing Exercises: • Conduct role-playing exercises where participants practice conducting interviews while adhering to legal guidelines and company policies. • Provide feedback on interviewing techniques and identify areas for improvement. Sexual Harassment Training Program: 1. Understanding Sexual Harassment: • Define sexual harassment and provide examples of both quid pro quo and hostile work environment harassment. • Explain the impact of sexual harassment on individuals and the workplace environment. 2. Legal Framework: • Educate employees on federal and state laws governing sexual harassment, such as Title VII of the Civil Rights Act and the company's sexual harassment policy. • Clarify the company's zero-tolerance policy towards sexual harassment and the consequences for violations. 3. Prevention and Reporting: • Train employees on strategies to prevent sexual harassment, including maintaining professional boundaries and respecting colleagues' boundaries. • Outline the procedures for reporting incidents of sexual harassment, including the role of HR and the investigation process. 4. Creating a Respectful Workplace: • Foster a culture of respect and inclusivity by promoting mutual respect, open communication, and bystander intervention. • Encourage employees to speak up against inappropriate behavior and support colleagues who experience harassment. 5. Scenario Discussion: • Facilitate discussions on hypothetical scenarios involving potential instances of sexual harassment. • Encourage participants to identify warning signs, appropriate responses, and the importance of taking action to address harassment. After reviewing the training programs developed by each group, the instructor can select a few groups to conduct live training sessions for the entire class, incorporating elements from both the interviewing and hiring techniques and sexual harassment training programs. This interactive approach allows for active engagement and reinforces key concepts for all participants. INDIVIDUAL ASSIGNMENT Distribute the following instructions to each student: Visit the Newsroom at www.eeoc.gov. Review a recent press release which involves a harassment and / or discrimination claim. You should summarize the facts of the case, including the parties involved and the issues at hand. You also should note any federal laws which apply to the situation and what the outcome is / will be / should be based on the application of such laws to the case. Finally, using what you learn from the case, provide suggestions to management on how to handle a similar case in the future. Employment Discrimination The Equal Employment Opportunity Commission (the “EEOC”) administers and enforces job bias laws. Protected Groups – Group of stakeholders whose rights are protected by discrimination laws. Protection Under FEDERAL Law and Related Issues:
Protected Group Unprotected Group
Race Color Religion Sex Age Disabilities Sexual Orientation
Federal Law Title VII Title VII Title VII Title VII No Federal Protection
Civil Rights Act of 1991 Civil Rights Act of 1991 Civil Rights Act of 1991 Civil Rights Act of 1991 Certain Corporate Policy and State Law Protection
Equal Pay Act of 1963 Age Discrimination in Employment Act of 1967 Rehabilitation Act of 1973
Title IX Americans with Disabilities Act of 1990
Pregnancy Discrimination Act of 1978
Specific Issues Race Specific Difference between Race vs. Color Discrimination Moving into Professional and Managerial Positions
**African-Americans Equal Pay
**Hispanics Sexual Harassment
**Asians Maternity Leave
Affirmative Action Affirmative Action Affirmative Action
The recent press release on the Equal Employment Opportunity Commission's (EEOC) website involves a discrimination claim filed by an African-American employee against their employer. The employee alleges racial discrimination in the form of disparate treatment and a hostile work environment. The case centers on discriminatory actions and behaviors directed towards the employee based on their race, creating a work environment that is unwelcoming and discriminatory. Parties Involved: • Plaintiff: African-American employee alleging racial discrimination. • Defendant: The employer accused of engaging in discriminatory practices. Issues at Hand: • Disparate Treatment: Allegations of differential treatment based on race, such as unfair discipline, denial of promotions, or unequal access to opportunities. • Hostile Work Environment: Claims of a work environment characterized by racial slurs, derogatory comments, or other offensive conduct based on race. Applicable Federal Laws: • Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination based on race, color, religion, sex, or national origin. • Civil Rights Act of 1991: Provides remedies for victims of discrimination and strengthens enforcement mechanisms. Outcome/Resolution: The outcome of the case is pending, but based on the application of Title VII and the Civil Rights Act of 1991, the employer may be required to: • Conduct an internal investigation into the allegations of racial discrimination. • Take corrective action to remedy any discriminatory practices or policies identified during the investigation. • Provide training to employees and management on diversity, inclusion, and anti-discrimination policies. • Implement measures to prevent future incidents of racial discrimination and create a more inclusive workplace culture. Suggestions to Management: Based on the case, here are suggestions for management on handling similar situations in the future: 1. Establish Clear Policies: Ensure the company has clear policies prohibiting discrimination and harassment based on race, along with procedures for reporting and addressing complaints. 2. Training and Education: Provide comprehensive training to all employees, supervisors, and managers on diversity, inclusion, and unconscious bias awareness. 3. Prompt Investigation: Take all complaints of discrimination seriously and conduct prompt, thorough, and impartial investigations into allegations. 4. Accountability: Hold individuals accountable for discriminatory behavior, including imposing disciplinary action when warranted. 5. Promote Diversity and Inclusion: Foster a workplace culture that values diversity and promotes inclusivity through recruitment, promotion, and retention practices. By implementing these suggestions, management can demonstrate a commitment to creating a workplace free from discrimination and harassment, fostering a positive and productive work environment for all employees. Solution Manual for Business and Society: Ethics, Sustainability, and Stakeholder Management Archie B. Carroll, Ann K. Buchholtz 9780538453165
