Whistle-Blowing with Respect to Employee Loyalty
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Whistle-Blowing with Respect to Employee Loyalty
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.
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:
- 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.
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Whistle-Blowing with Respect to Employee Loyalty