Drug abuse is a sensitive subject to deal with as it always relates to health, well-being and even lives of human beings belonging to any country. Many people are against mandatory drug testing because they see it as a violation of the Constitution. Having the right to reject unnecessary checking and searches is the Fourth Amendment in the American constitution, otherwise known as a person's right to privacy. However, company employers have to ensure the quality of the employees and the safety for all members. They have the right to know whether or not the people working under them are stable to do their jobs.
It is not possible to calculate Peter’s feeling or the firm’s shareholder’s thought. Therefore weighing the factors could be very subjective. Also, the company’s regulation regarding dress code violation is also presented as a vague statement, because Peter is doing fine at work. In this example, the right of people who is transgender is violated because they are unable to express themselves. By also monitoring workers that is off-duty the company also violating the right of individual’s privacy.
Engineers face pressures from their employers to head projects that they do not possess the required certification to lead. Many aspects of civil engineering overlap into other fields of engineering; therefore, civil engineers possess some of the knowledge that an electrical engineer does. This overlap in knowledge frequently causes employers to ask civil engineers to head projects that require electrical engineers in order to save money. Cannon two of the “Code of Ethics” states, “Engineers shall perform services only in areas of their competence.” (2006) Employers pressure engineers to perform tasks that they do not possess the legal certification to do, in order to save money. Although the engineer possesses the required knowledge to perform this task, the law requires the engineer to deny their employers request; therefore, the engineer has the responsibility to reject their employer request to protect themselves from litigation.
Legal Challenges. When discussing the use of drug testing at the work place for pre-employment screening or on the job testing, we must consider the legal and ethical implications. Those who are in favor of drug testing claim that the testing itself acts as a deterrent in the use of illegal drugs and will also detect the use of illegal drugs which could impair employees resulting in injuries, accidents, lost productivity and ultimately liability concerns. Those in favor also refer to federal laws such as the Controlled Substances Act and take a zero tolerance approach to their employment policy. On the other hand those who argue against drug testing claim ethical violations of privacy and in some cases seek protection under state and federal laws such as the Americans with Disabilities Act, not always successfully.
Third-Party claims are essentially suing a responsible party. Workers compensation is designed to keep employees from suing their employers because workers’ compensation takes care to the employees needs and because the employer should already be trying to keep the workplace safe. One type of third-party claim is defective products, also known as a product liability lawsuit. Defective product law suits can be filed if the product being used is in some way defective or harmful to employees. Employers aware of the defectiveness of a product have responsibly to have the product replaced or have the defective piece replaced/repaired.
The second is potential liabilities such as negligent hiring, respondeat superior and negligent supervision that may occur once they employ the individual. Companies need to ensure equality for all candidates no matter the circumstance. It is understandable to have doubts when considering an ex-offender. However, a criminal record should not automatically exclude an individual because they may be qualified for the job. Human Resource Management has argued that there needs to be correlation in the offense and the job for the rejection to be plausible (Roehling & Hickox 2013).
While providing member services it is the foremost duty of every employer to respect employee privacy as well and for this laws generally permit private employers, including credit unions, to monitor or record employees' business calls, evaluate job performance and member service, order employee drug testing, search desks and offices for legitimate business reasons, and release personnel file information on a "need to know" basis to fellow managers or employees, or - with the employee's consent - to third parties. Reasons could vary according to the company and the atmosphere that could be affecting the workplace badly. According to the same research the employers of the company have better reasons for the drug testing, but they may not always be what you think. For example, employees themselves favor drug testing. This could be surprising but the employers think that these constant checks help their workplace to be a safer place and it reduces the workload that drug abusers shift onto peers and subordinates.
Whistle-blowers face ethical dilemmas in decision-making about reporting organizational misconducts. Manager’s disapproval of whistleblowing hinders employee’s willingness to report internal wrong doing. High rank managers are not to empathic to whistle-blowers because this can disrupt the flow of the company, or create conflict within the company. Management can be unresponsive, even hostile, to whistle-blowers with unfortunate results. The ethical dilemma arises when employees fear retribution because their concerns are not taken seriously and keep information to themselves.
Even though businesses know sexual harassment exists, they appear unsure of what to do about it. Due to the companies not doing anything drastic about these situations, the liability of the employer for sexual harassment continu... ... middle of paper ... ...court stated that Title VII is violated when a workplace is tainted with unwelcome sexual behavior and insult, that is sufficiently severe enough to change the conditions of the victim's employment and create an abusive and hostile working environment. Thus, the Court apparently implemented a reasonable persons standard. Acknowledging that this test is not and cannot be mathematically precise, the Court emphasized that whether a work environment is hostile or abusive can be determined only by looking at all the circumstances. (insert) The Court then provided information that may be one of these circumstances in which victims endure.
Therefore, employers should not allow employees to work at extra hours in performing a task because legally, they wil... ... middle of paper ... ...terminations and firings through proper and legal methods. Even with the three processes, many people still wonder what employment law is. Lack of awareness is a major setback in the world hence leaving many people unaware of the importance of employment law (Walsh, 2012). Workers and employers in any company should know about the employment law and conform to the rules contained in the laws by constantly practicing them. In order to ensure this, the company should set up educational programs that teach on employment law.