Will the Real Lupe Garza Please Stand Up?

Will the Real Lupe Garza Please Stand Up?

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Every day we face decisions that we need to make. Right or wrong we make a decision and follow through with it. Not every decision is the right decision, but if we can justify or learn from our decisions the consequences is what we take away from each decision. Human resource departments handle complex decisions every day, but their decisions may not be as black and white. Human resources have to make the right choice for both the employer and the employee and this decision is based on ethics and the moral principal that needs recognized. In the case of Lupe Garza, an illegal immigrant who is working under a false identity, the human resource specialist finds out that Lupe is working under false pretenses and he is torn on making the right decision.
Ethical Dilemma
The ethical dilemma is whether Mark Solomon, a human resource specialist, should hire Lupe Garza knowing that her real name and identity is Carmen Mendoza. If Mark hires her knowing she is using a false identity, this could result in serious consequences for himself, his employer, and also Lupe and her family.
Stakeholders and Conflicts
There are many stakeholders in this case and each stakeholder could be affected in various situations.
Lupe Garza (Carmen Mendoza) – Lupe declined a full time position at another company to work for RW Printing as she was promised. She declined the other position since RW Printing has higher pay and health benefits that would help her provide for her two small children.
Mark Solomon – Mark is torn between hiring Lupe Garza, an outstanding and recommended employee or Carmen Mendoza (aka Lupe Garza), whom he knows personally outside of work, for a position that requires legal documentation of citizenship. This information has surfaced upon an interview in which Mark, the human resource specialist, who was in charge of Lupe’s interview.
Sarah Jones, another human resource specialist, who promised Lupe a position based on Lupe’s work performance and recommendations from supervisors.
Miller Staff Services, the employment agency that the temporary workers are employed. They employ about 100 workers who work at RW printing and those employees could be in the same situation as Lupe.
RW Printing just received a long term contract with a customer and is in a position to hire full time employees to meet the new demands of this contract.

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The human resource specialists have an abundance of pressure from their employer to hire skilled workers immediately to fulfill this new long term contract.
The Hispanic community is also a stakeholder. During the conversation between Mark and Lupe it was revealed that most of the Hispanic community is illegal and they may also be using the identity of others. This could affect the families and children of these illegal workers.


Laws and Policies
The human resource department should be responsible and knowledgeable of all the laws and policies that are applicable to company and the employee. There are laws and consequences for employers who hire illegal immigrants knowingly. “The Immigration Reform and Control Act of 1986, which was passed in order to control and deter illegal immigration to the United States. Its major provisions stipulate legalization of undocumented aliens who had been continuously unlawfully present since 1982, legalization of certain agricultural workers, sanctions for employers who knowingly hire undocumented workers, and increased enforcement at U.S. borders”. There are many consequences for an employer that hires undocumented workers. According to the website LegalMatch.com some of these may include civil fines, loss or suspension of business license, damage to reputation, and replacing various personnel. There are also consequences for the illegal immigrants. They could face criminal charges, deportation from the U.S., and possibly temporary or permanent bans on re-entry into the U.S.
“Employers are required to make a good faith effort to make sure that their employees are legally permitted to work in the country”. For Mark, the good faith effort is irrelevant since he is already aware of this identity theft. The penalty for this could affect both he and his employer. Mark could lose his job and his employer could be fined and reviewed for other undocumented workers. Mark also has other conflicting loyalties since he knows Lupe outside of work through his church involvement. He knows her personal situation and if he does not hire her permanently, then she and her kids would be without any income as she is the sole provider for her family. Lupe also conveyed to Mark that her “status” was well known in the plant and most people had looked the other way. If Sarah Jones also knew Lupe on a personal level and promised permanent employment for Lupe, Mark could see some repercussions of this too.
Options
Mark has a few options in regards to hiring Lupe Garza as a permanent employee:
Option 1: Don’t hire Lupe because her status is illegal. If Mark does not hire Lupe because of her status there could be a couple different outcomes. First, if she is not hired permanently, does she still continue work as a temporary employee? Second, is she released from her duties effective immediately? Both scenarios could have completely different affects. If Lupe is not hired and continues to work for the temporary agency, she could continue to provide for her family. However, Mark and Lupe would still see each other at church and the situation could be awkward for both parties. Mark is also liable for knowingly allowing an illegal worker to continue working. If Lupe is released from working at RW Printing as a temporary employee, she could possibly continue to work for the temporary agency for another company or may face charges and deportation depending on which route is taken. Short or long term consequences for either scenario will impact Lupe’s future for her family and for Mark, his conscience.
Option 2: Hire Lupe to fulfill the immediate position for the company. If Mark does hire Lupe, this opportunity would allow Lupe the stability to provide for her family. This may give Mark satisfaction in this outcome. It has also been mentioned there are other employees in this same situation as Lupe. If the false identity of the employees is mentioned, the long term contract customer may go elsewhere along with other customers. This result could affect Mark’s own employment and the future of RW Printing.
Option 3: Mark could go to upper management or his human resource peers and present the situation without revealing the identity of the employee. This would be a sink or swim option. Either management and/or lateral employees are on the same page for what potentially could happen to the company and their own employment, or there could be mixed reactions which could cause a domino effect. Either way, this outcome may be of general consensus, or they could disagree and the decision would not solely rest on the shoulders of Mark.
Conclusion:
If I were put in Mark’s situation, I think I would select Option 3 and see what my peers thought of the situation. This option may reveal many situations with many different outcomes and consequences to each. One person’s view may be completely different from another person’s view. However, the decision would be a lot of burden to carry myself and I would need reassurance of the most reasonable, ethical outcome for this scenario. Although exposing the situation could have a negative effect with my employment, I believe that is something I could accept. Morally I know it is not right to hire Lupe with her status, but with the support or non-support of my peers I feel this would help justify my role in the decision making.




References
Department of Homeland Security. Retrieved March 21, 2014, from www.uscis.gov/tools/glossary/immigration-reform-and-control-act-1986-irca
Ethical Decision Making. (n.d.). Retrieved March 21, 2014, from http://www.ethicaldecisionmaking.net/
Friedland, J. (n.d.). Business Ethics Memo: Employing Illegal Immigrants. Retrieved March 18, 2014, from http://businessethicsmemo.blogspot.com/2007/03/employing-illegal-immigrants.html
Moore, M. (n.d.). Code of Ethics for Human Resource Managers | eHow. Retrieved March 18, 2014, from http://www.ehow.com/about_6328628_code-ethics-human-resource-managers.html
Rivera, J. (n.d.). Consequences of Hiring Undocumented Immigrants | LegalMatch Law Library. Retrieved March 21, 2014, from http://www.legalmatch.com/law-library/article/consequences-of-hiring-undocumented-immigrants.html



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