CH. 4. Is there an ironic dimension of whistle-blowing with respect to employee loyalty? Give two examples of this phenomenon.
First, there are professions who are protected by virtue of the law. According to Boatright and Smith, “An agent is a person who is engaged to act in the interest of another person (called the principal) and is authorized to act on that person behalf” (2017, pg. 69). Individuals such as lawyers work on behalf of their principal client”. If a member of society is arrested for armed robbery, the lawyer has an obligation to the principal to serve and protect their interest to the best of their ability. The client may not have the they adequate law knowledge and experience necessary to defend themselves. The principle must rely on the fiduciary duty of a lawyer to protect their self-interest. In this case, it is the duty of the lawyer to act on the behalf of the client as if they were defending themselves.
Second, there are the three types of employees which economist Albert O. Hirshcman describes to the relationship between a whistle-blower and a loyalty. Mr. Hirshcman describes the three types as Exit, Voice, and Loyalty.
The Exit type are those employees who are dissatisfied with the current condition and see no change for the better in the foreseeable future. Dissatisfied with the current situation these employees exit the company.
The Voice type speak up within the organization and wait for change. They follow the chain of command in hopes of change which may or may not occur.
Finally, the Loyalty type are employees within an organization who desire to remain and watch the organization flourish. Boatright and Smith say that “Loyalty is a factor that keeps people from exiting an organization, but, at the same time, activates the voice option” (2017, pg.175). It seems difficult to fathom that the most loyal are the whistle-blowers, however, due to their commitment, they want to see the company succeed.
CH> 7. What is the meaning of discrimination in employment, the legal distinction between disparate treatment and disparity impact, and what are the various forms of discrimination?
Discrimination in employment is a form of unjust “…decisions employers make hiring, promotion, pay, fringe benefits, and the other terms and conditions of employment…” (Boatright and Smith, 2017, pg. 135). Discrimination occurs when a group of people are excluded from having an employment opportunity due to a preconceived notion which stems from the employer.
Disparate treatment is a way to prove illegal employment discrimination. An employee who makes a disparate treatment claim alleges that he or she was treated differently than other employees who were similarly situated, and that the difference was based on a protected characteristic (Nolo, 2020).
Disparate impact is like disparate treatment when the effect produces the comparable results. In the case of Griggs v. Duke Power Company, Duke Power created regulations which were aimed a ...
CH. 4. Is there an ironic dimension of whistle-blowing with respec
1. CH. 4. Is there an ironic dimension of whistle-blowing with
respect to employee loyalty? Give two examples of this
phenomenon.
First, there are professions who are protected by virtue of the
law. According to Boatright and Smith, “An agent is a person
who is engaged to act in the interest of another person (called
the principal) and is authorized to act on that person behalf”
(2017, pg. 69). Individuals such as lawyers work on behalf of
their principal client”. If a member of society is arrested for
armed robbery, the lawyer has an obligation to the principal to
serve and protect their interest to the best of their ability. The
client may not have the they adequate law knowledge and
experience necessary to defend themselves. The principle must
rely on the fiduciary duty of a lawyer to protect their self-
interest. In this case, it is the duty of the lawyer to act on the
behalf of the client as if they were defending themselves.
Second, there are the three types of employees which economist
Albert O. Hirshcman describes to the relationship between a
whistle-blower and a loyalty. Mr. Hirshcman describes the three
types as Exit, Voice, and Loyalty.
The Exit type are those employees who are dissatisfied with the
current condition and see no change for the better in the
foreseeable future. Dissatisfied with the current situation these
employees exit the company.
The Voice type speak up within the organization and wait for
change. They follow the chain of command in hopes of change
which may or may not occur.
Finally, the Loyalty type are employees within an organization
who desire to remain and watch the organization flourish.
Boatright and Smith say that “Loyalty is a factor that keeps
people from exiting an organization, but, at the same time,
activates the voice option” (2017, pg.175). It seems difficult to
fathom that the most loyal are the whistle-blowers, however,
due to their commitment, they want to see the company succeed.
2. CH> 7. What is the meaning of discrimination in employment,
the legal distinction between disparate treatment and disparity
impact, and what are the various forms of discrimination?
Discrimination in employment is a form of unjust “…decisions
employers make hiring, promotion, pay, fringe benefits, and the
other terms and conditions of employment…” (Boatright and
Smith, 2017, pg. 135). Discrimination occurs when a group of
people are excluded from having an employment opportunity
due to a preconceived notion which stems from the employer.
Disparate treatment is a way to prove illegal employment
discrimination. An employee who makes a disparate
treatment claim alleges that he or she was treated differently
than other employees who were similarly situated, and that the
difference was based on a protected characteristic (Nolo, 2020).
Disparate impact is like disparate treatment when the effect
produces the comparable results. In the case of Griggs v. Duke
Power Company, Duke Power created regulations which were
aimed at keeping black employees in the labor department,
which also had the lowest wages. Duke Power Company
implements the following rules for new applicants except for
the labor department where the black workforce. The new
requirement required all new applicant to have a high school
diploma and pass two standardized tests to be considered for
open positions within the company.
It was decided by the Supreme Court that the requirements were
unjustified. Many blacks were not high school graduates and the
aptitude test was based from a national median of high school
graduates. Furthermore, current employees who were hired
before the implementation of the new guidelines had been able
to perform their duties.
There are many different Forms of Discrimination and
according to Boatright and Smith “Federal law prohibits
discrimination on the basis of:
3. · Race/ethnicity
· Sex/gender
· Religion
· National origin
· Age
· Disability
· Genetic information”
(2017, pg. 137). These forms are discrimination are important
because they have the ability to keep those whom are
discriminated upon a chance towards employment or those who
are employed an opportunity towards advancement and higher
wages.
References
Boatright, John R; Smith, Jeffery D, Ethics and the Conduct of
Business. Pearson Education. Kindle Edition.
Guerin, L., & J.D. (2013, June 27) Disparate Treatment
Discrimination. Retrieved March 29,2020, from
htpps://www.nolo.com/leagal-encyclopedai/disparate-treatment-
discrimination.html
Roland Discussion:
Hello everyone,
Hope all is well and healthy!
There is one policy that comes to mind I think had just as much
of a positive impact as it does negative. The Americans with
Disabilities Act (ADA) became law in 1990 (National Network,
2019). The ADA is a civil rights law that forbids
discrimination against individuals with disabilities in public all
life functions. This including jobs, schools, transportation, and
4. all public and private places that are open to the general public
(National Network, 2019). In the past, before the
implementation of the ADA, students with disabilities were not
afforded the same rights and opportunities as those without
disabilities. The purpose of the ADA is to ensure that the
people with diagnosed, approved disabilities are protected and
have the same rights and opportunities as everyone else
(National Network, 2019). Equal rights and opportunities are
guaranteed to those with disabilities in the areas of public
accommodations, employment, transportation, state and local
governmental services, and telecommunicatio n and is split into
five different sections that define accommodations in the
different areas of public life, Titles I-V. This creates a positive
outcome providing more access to those in this group.
As mentioned above, I believe this causes an equal negative
outcome. The ADA under civil rights law is an example of an
unfunded mandate. An unfunded mandate is federally imposed,
and the institution receives no funding for it to accommodate
any changes. Noncompliance could mean the institution will
not be eligible for funding and or participate in student
financial aid. It could be as simple as moving a coat rack lower
for those who may be in a wheelchair to as big as outfitting a
building to accommodate an elevator. An unfunded mandate
such this could negatively impact the institution regular
operating budget. Causing the institution to increase tuition and
fees to make up for the cost. Increased tuition and fees make it
even more difficult for lower to mid economic groups to gain
access to higher education. So, we help and improve diversity
by adding one group but has the potential to negatively impact
another group’s access.
The policy that I think has the biggest influence on how higher
education institutions recruit and retain students from a diverse
background is the Civil Rights Act of 1964. The act prohibits
discrimination based on race, color and nation origin (U.S.
Department of Education, 2020). I think this was the most
influential because it requires institutions to move and
5. demonstrate equality within their recruitment and retainment
efforts. Noncompliance with this could not only have a
negative impact on the institutions yearly federal funding but
could lead them to a time and financial consuming
lawsuit. Thanks for stopping by everyone!
Lytle
References
Nation Network. (2019, August 29). What is the Americans with
Disabilities Act (ADA)? Retrieved from https://adata.org/learn-
about-ada
U.S. Department of Education. (2020, January 10). Impact of
the Civil Rights Laws. Retrieved April 13, 2020, from
https://www2.ed.gov/about/offices/list/ocr/docs/impact.html
Vera Discussion
Dear all,
All the policies and regulations that have been
implemented over the last century have impacted access to
higher education. Beginni ng with the Morrill Land grants,
which started the proliferation of state-sponsored schools to the
changes in Title V laws that addressed minorities and
disabilities. However, in my view, the biggest impact came from
the Higher Education Act (HEA) of 1965. This was the catalyst
that began the shift to jobs requiring college degrees, and a
student's ability to finance a college education (Pell Institute,
2019). The 1960s started several decades of change for
Americans, but the HEA was a large part of making a college
degree part of the American dream.
6. The HEA was enacted as part of Lyndon Johnson’s
Great Society campaign and push to create a more educated and
innovative population. This legislation brought the federal
government into the business of financing higher education with
federal funded grants and loans. Initially, without provisions for
minority and gender equality, amendments over the years were
added to address access for protected classes. Although fraught
with red tape and confusing regulations, the HEA has allowed
millions of Americans to afford a college degree. No federal
legislation is without drawbacks, and some experts feel that the
available money to finance higher education brought about the
tuition crisis (Johnson, Ostern, & White, 2016).
Now at a crossroads, where tuition has risen to a point
that has crippled many American families, access to higher
education has yet another barrier. The social and political
systems have failed to address this disparity and a once highly
touted federal initiative has spiraled out of control.
Administrators at higher education institutions have an
important task ahead to address the tuition problem while
maintaining access for all students.
Stay safe and have a great week,
Vera
References:
Johnson, A., Ostern, T. V., & White, A. (2016). The Student
Debt Crisis. Retrieved from
https://www.americanprogress.org/issues/education-
postsecondary/reports/2012/10/25/42905/the-student-
debt-crisis/
Pell Institute. (2019). The Early History of the Higher
Education Act of 1965. Retrieved from
http://www.pellinstitute.org/downloads/trio_clearinghouse-
The_Early_History_of_the_HEA_of_1965.pdf
7. St. John, E. (2013). Public Policy and Higher Education (Core
Concepts in ... Retrieved from
https://www.amazon.com/Public-Policy-Higher-
Education-Concepts/dp/1138655503