This chapter contains sections titled: Employee rights.

_Employment and Employee Rights_ addresses the issue of rights in the workplace. Although much of the literature in this field focuses on employee rights, this volume considers the issue from the perspective of both employees and employers. Considers the rights of both employees and employers. Discusses the moral and legal landscape and traditional assumptions about right in employment. Investigates arguments for guaranteeing rights, particularly for employees, which are derived from relational, developmental, and economic bases. (...) Explores new dimensions of employment including a model that incorporates growing workplace diversity, builds upon our understanding of the legal landscape, and expands upon our justifications for recognizing and protecting rights. (shrink)

Recent trends in business ethics along with growing attacks upon unions, suggest that employee rights will be a major social concern for business managers during the next decade. However, in most of the discussions of employee rights to date, the very meaning and legitimacy of such rights are often uncritically taken for granted. In this paper, we develop an account of employee rights and defend this conception against what we take to be the (...) strongest in-principle objections to it. (shrink)

Employment and Employee Rights addresses the issue of rights in the workplace. Although much of the literature in this field focuses on employee rights, this volume considers the issue from the perspective of both employees and employers. Considers the rights of both employees and employers. Discusses the moral and legal landscape and traditional assumptions about right in employment. Investigates arguments for guaranteeing rights, particularly for employees, which are derived from relational, developmental, and economic (...) bases. Explores new dimensions of employment including a model that incorporates growing workplace diversity, builds upon our understanding of the legal landscape, and expands upon our justifications for recognizing and protecting rights. (shrink)

During recent years, the principle and practice of employment-at-will have been under attack. While progress has been madein eroding the practice, the principle still governs the philosophical assumptions underlying employment practices in the United States,and, indeed, EAW has been promulgated as one of the ways to address economic ills in other countries. This paper will briefly reviewthe major critiques of EAW. Given the failure of these arguments to erode the underpinnings of EAW, we shall suggest new avenues forapproaching employment issues (...) to achieve the desirable goal of employee dignity and respect. (shrink)

Theological ethics provides a framework for at least adequately resolving the dilemma inherent in the issue of employee rights: the tension between individual rights and organizational authority. The central question is what consitutes the human dignity of the worker. The Roman Catholic theological tradition centers on the concept of human dignity and recognizes the causal relationship between how one's social conditions are divided and structured and the realization of one's human dignity. The author discussed why and how (...) this tradition provides a useful methodology for resolving the employee rights debate. (shrink)

Rights claims are ubiquitous in modernity. Often expressed when relatively weaker agents assert claims against more powerful actors, especially against states and corporations, the prominence of rights claims in organizational contexts creates a challenge for virtue-based approaches to business ethics, especially perspectives employing MacIntyre’s practices–institutions schema since MacIntyre has long been a vocal critic of the notion of human rights. In this article, I argue that employee rights can be understood at a basic level as (...) rights conferred by the rules constitutive of practices. As such, employee rights correspond to the obligations of practitioners to treat fellow practitioners according to the standards of excellence and requirements of justice. Thus, one way that managers can ensure that their core practice is well-functioning is to recognize employee rights. One implication of this argument is that managers should adopt a more positive stance toward labor unions, insofar as they are a key way for employees to ensure that their voice is heard, and their rights respected. (shrink)

Outsourcing is becoming a major option in British business, including the financial services industry, and it raises a number of ethical considerations. The author of this major ethical study contends that “Outsourcing seems to present a particular threat to employees ... because of the factors which have led to outsourcing and the way in which it tends to work.” Mike Henderson is an Associate of the Chartered Institute of Bankers and Senior Lecturer in Financial Services in the School of Financial (...) Studies and Law of Sheffield Hallam University, City Campus, Pond Street, Sheffield S1 1WB, England. (shrink)

This chapter advances our understanding of the moral contours of the employment relationship. It considers what employers owe their employees, and what employees owe their employers. I begin with a brief discussion of the value and limits of contractual freedom in employment. Then I consider ethical issues in five areas: (1) hiring and firing, (2) compensation, (3) the nature of work, including meaningful work and workplace democracy, (4) privacy, and (5) whistleblowing.

In October of 2009, Trevor Keezer was terminated by Home Depot for refusing to remove a pin from his uniform declaring “One Nation under God, Indivisible.” Mr. Keezer, a cashier with Home Depot, contended that the button he had worn for over one year before any action was taken by his employer expressed his support for American troops and his Christian faith. Were the actions taken by his employer warranted or was Mr. Keezer the victim of arbitrary religious discrimination unrelated (...) to job performance? Religion is becoming an increasingly polarizing issue in the workplace, forcing retail managers to balance the respective interests of employees, coworkers, and patrons of retail establishments. And from all indications, if legislation pending in Congress is enacted, maintaining the balance will become more problematic. (shrink)

Based on ideology-infused psychological contract theory and cognitive evaluation theory, this study investigated the curvilinear relationship between ethical leadership and employee creativity. A curvilinear mediation model was proposed to explain the impact of ethical leadership on creativity, using employee intrinsic motivation as the mediator. Applying a two wave sampling design that consist 258 employees and their leaders, we found that employee creativity improved as ethical leadership increased from low to moderate levels. However, the employee creativity improvement (...) was attenuated when ethical leadership increased from moderate to high levels. Furthermore, the study also revealed that employee intrinsic motivation partially mediated this curvilinear relationship. The theoretical and managerial implications are discussed. (shrink)

Employee job rights have become a controversial issue, with some courts ruling employees have a fundamental right in retaining their job. Employment at will and assigning the worker a property right to his job are examined from three paradigms of social interaction. An alternative model is presented, and is more consistent with each of the three paradigms.

This article argues that the moral right to be discharged only for good cause and like rights can be contracted away by employees in appropriate circumstances. It maintains that the rights in question are not inalienable, and that there is nothing irrational about an employee''s wishing to deal them away. It also maintains that inequalities in bargaining power between employers and employees are insufficiently pervasive to justify a flat ban on the alienation of these rights. For (...) a waiver of such rights to be valid, however, employees must have full knowledge of its terms.The question addressed here bears on several legal and policy issues affecting termination of the employment relation. If employees can contract away their right to a goodcause discharge, the American doctrine of employment at willmight find justification in the face of that right. In addition, the alienability of such discharge rights may be necessary to justify express disclaimers of wrongful discharge liability and the waiver provision of the new U.S. Draft Uniform Employment-Termination Act. (shrink)

Extant business research has not addressed the ethical treatment of individuals with psychiatric disabilities. This article will describe previous research on individuals with psychiatric disabilities drawn from rehabilitation, psychological, managerial, legal, as well as related business ethics writings before presenting a framework that illustrates the dynamics of (un)ethical behavior in relation to the employment of such individuals. Individuals with psychiatric disabilities often evoke negative reactions from those in their environment. Lastly, we provide recommendations for how employees and organizations can become (...) more proactive in providing individuals with such disabilities equal employment opportunities for both access and accommodation in the workplace. (shrink)

This article surveys arguments for the claim that employees have a right to strong forms of decision-making participation. Itconsiders objections to employee participation based on shareholders' property rights and it claims that those objections are flawed. In particular, it argues the employee participation rights are grounded on the same values as are property rights. The articlesuggests that the conflict between these two competing rights claims is best resolved by limiting the scope of corporate property (...) rightsand by recognizing a strong employee right to co-determine corporate decisions. (shrink)

Data-driven technologies have come to pervade almost every aspect of business life, extending to employee monitoring and algorithmic management. How can employee privacy be protected in the age of datafication? This article surveys the potential and shortcomings of a number of legal and technical solutions to show the advantages of human rights-based approaches in addressing corporate responsibility to respect privacy and strengthen human agency. Based on this notion, we develop a process-oriented model of Privacy Due Diligence to (...) complement existing frameworks for safeguarding employee privacy in an era of Big Data surveillance. (shrink)

Recent arbitration and human rights boards of inquiry cases involving discrimination against pregnant employees are reviewed. A comparison is made between remedies available under each procedure. It is suggested that the human resource managers review their policies and procedures relevant to this issue to ensure that they do not have the effect or intent of discriminating against pregnant employees.

Employee governance, which includes employee ownership and employee participation in decision making, is regarded by manyas morally preferable to control of corporations by shareholders. However, employee governance is rare in advanced market economies due to its relative inefficiency compared with shareholder governance. Given this inefficiency, should employee governance be given up as an impractical ideal? This article contends that the debate over this question is hampered by an inadequate conception of employee governance that fails (...) to take into account the difference between employees and shareholders. It offers a different, more adequate conception of employee governance that recognizes a sense in which employees currently have some ownership rights. The argument for this conception of employee governance is built on an expanded understanding of the ownership of a firm. The article also suggests new strategies for strengthening the role of employees in corporate governance. (shrink)

The duty to respect, protect and help the family rights is related very closely with the organization of work in the firm. This paper summarizes and illustrates, using mini-case studies, the relationship between the organization of work in companies and the family rights and duties of employees.

Firm–employee relationships are dependent on the wider societal context and on the role business plays in society. Changes in institutional arrangements in society affect the perceived responsibilities of firms to their personnel. In this study, we examine mass media discussions about firm–employee relationships from a social responsibility perspective via a longitudinal study in Romanian society. Our analysis indicates how the expected responsibilities of firms towards employees have altered with the changing role of firms in society since the early (...) 1990s. These transformations correspond to the ideological developments, from communist to market-based thinking, which have taken place in post-communist Eastern Europe. More specifically, our study shows how the diminishing expectations of corporate social responsibility (CSR) are linked in mass media to increasingly important talk of human resource management (HRM). HRM is a modern business approach believed to address personnel needs and organisational objectives simultaneously. The congruency of goals in HRM may mistakenly lead to the conclusion that organisations are inherently responsible toward their personnel. We argue that this may not necessarily be the case. HRM, matching well the new free-market ideology in post-communist Eastern Europe, was eagerly embraced in that it defined firm–personnel relationships. In this study, we question whether this was an adequate theoretical perspective for Romanian firms to adopt as it lacks sufficient ethical grounding. We also call for a higher awareness concerning the role of mass media in the management literature, since its current role in constructing the ‘rightness’ and ‘wrongness’ in firm–personnel relationships is hardly considered. (shrink)

In this volume, F.M. Kamm explores how theories as well as hypothetical and practical cases help us understand rights and their limits. The book begins by considering moral status and its relation to having rights (including whether non-human animals have rights and what rights future persons have). The author then considers whether rights are grounded in duties to oneself, which duties are correlative to rights, and whether neuroscientific and psychological studies can help determine what (...) rights we have. Kamm next investigates the contours of the right not to be harmed by considering critiques of deontological distinctions, the costs that must be undertaken to avoid harming, and a proposal for permissibly harming someone (that allows for resisting the harm) in the Trolley Problem. Additional chapters cover possible implications of the Trolley Problem for such practical issues as correctly programming self-driving cars, providing medical treatments, and enacting redistributive economic policy. Kamm concludes the book by comparing the use of case-based judgments about extreme cases in moral versus aesthetic theory, and by exploring the significance of the right not to be harmed for morally correct policies in the extreme cases of torture and a pandemic. Where pertinent, Kamm considers the views of Derek Parfit, Tom Regan, Christine Korsgaard, Shelly Kagan, Ronald Dworkin, Amartya Sen, Allan Gibbard, Joshua Greene, Arthur Danto, and Judith Thomson, among others."--Provided by publisher. (shrink)

In this article I address the tension between evaluative surveillance and privacy against the backdrop of the current explosion of information technology. More specifically, and after a brief analysis of privacy rights, I argue that knowledge of the different kinds ofsurveillance used at any given company should be made explicit to the employees. Moreover, there will be certain kinds of evaluativemonitoring that violate privacy rights and should not be used in most cases.

In this article I address the tension between evaluative surveillance and privacy against the backdrop of the current explosion of information technology. More specifically, and after a brief analysis of privacy rights, I argue that knowledge of the different kinds ofsurveillance used at any given company should be made explicit to the employees. Moreover, there will be certain kinds of evaluativemonitoring that violate privacy rights and should not be used in most cases.

The World Bank recently noted: “Social license to operate has traditionally referred to the conduct of firms with regard to the impact on local communities and the environment, but the definition has expanded in recent years to include issues related to worker and human rights”. In this paper, we examine a factor that can influence the kind of work conditions that can facilitate or obstruct a firm’s attempts to achieve the social license to operate. Specifically, we examine the empirical (...) association between a company’s employee practices and the religiosity of its local community by investigating their fixed and endogenous effects. Using a large and extensive U.S. sample, we find a positive association between the “employee friendly” practices of a firm and the religiosity of the local community after controlling for several firm characteristics. In addition, after mitigating endogeneity with the dynamic panel system generalized method of moment and after employing several other econometric tests, we still find a robust positive association between the religiosity of the local community and employee-friendly practices. Since recent research has shown that the firm’s treatment of its stakeholders is a key to achieving an SLO, and since employees constitute a highly significant stakeholder group, we interpret our results as supporting the view that religion is an important influence on the kinds of employee practices that can increase the likelihood that a firm will acquire the SLO. (shrink)

Does a pharmacist have a right to refuse to fill certain prescriptions? In this paper, I examine cases in which an employee might refuse to do something that is part of his or her job description. I will argue that in some of these cases, an employee does have a right of refusal and in other cases an employee does not. In those cases where the employee does not have a right of refusal, I argue that (...) the refusals (if repeated) are just cause for termination of employment. I argue that there are moral principles that support the different outcomes in the cases under consideration. I turn to pharmacy cases at the end of the paper and argue that they are analogous to cases where an employee does not have a right of refusal and thus fall under the principle that refusing to fill birth control prescriptions constitutes just cause for termination. (shrink)

This paper deals with the conflict between the desire of an employer to test employees for honesty and chemical dependency, and the right of the employee to privacy. Not only is the physical privacy of the employee infringed upon, but the psychic privacy of the individual as well. It is the conclusion of the paper that such an invasion of privacy is not justified without serious and compelling reason, and not the mere chance that testing will reveal problems (...) among some percentage of the tested persons. (shrink)

Information theorists often construe new Information and Communication Technologies (ICTs) as leveling mechanisms, regulating power relations at a distance by arming stakeholders with information and enhanced agency. Management theorists have claimed that transparency cultivates stakeholder trust, distinguishes a business from its competition, and attracts new clients, investors, and employees, making it key to future growth and prosperity. Synthesizing these claims, we encounter an increasingly common view: If corporations voluntarily adopted new ICTs in order to foster transparency, trust, and growth, while (...) embracing the redistributions of power they bring about, both corporations and stakeholders would benefit. The common view is short-sighted, however. In order to realize mutual benefit, transparency can not be conceived merely as efficient or economical. The implementation and use of new ICTs will be morally unsatisfactory unless they stably protect stakeholders. Moreover, without such protections, transparency is unlikely to produce lasting trust and growth. More specifically, corporate disclosures ought to be guided by a theory of stakeholder rights to know about threats or risks to stakeholders’ basic interests. Such rights are necessary moral protections for stakeholders in any business environment. Respect for transparency rights is not simply value added to a corporation’s line of goods and services, but a condition of a corporation’s justifiable claim to create value rather than harm, wrong, or injustice in its dealings. (shrink)

This article is about the rights of the Roma in North Macedonia and the level of discrimination that Roma are facing while employed in the public sector in the Republic of North Macedonia. The aims and objectives of the article are theoretical and practical understanding of the situation of Roma and the violation of their rights through direct and indirect discrimination at work. The data was collected during the period from May-July 2019 via 52 collected questionaries from a (...) total of 70 public servants who were asked to be a part of the research. The article shows new data we have collected from employed Roma as public servants in different institutions in the state. The surveyed public servants were 52 in total, from which 34 are employees with secondary education, 17 are with university education and only 1 has a masters degree. The questionnaire is composed out of 17 questions about the forms of discrimination, feeling or witnesing discrimination at their workplace, who caused the discrimination, witnessing the spread of prejudices and stereotypes about the Roma, rejection of colleagues to share an office with Roma, and who caused the discrimination. One of the results shows that 55% of the surveyed Roma did not have a single training from their employer in the last 12 months and that 69% of those surveyed stated that they felt discrimination in the last 12 months on everyday basis. (shrink)

Does a pharmacist have a right to refuse to fill certain prescriptions? In this paper, I examine cases in which an employee might refuse to do something that is part of his or her job description. I will argue that in some of these cases, an employee does have a right of refusal and in other cases an employee does not. In those cases where the employee does not have a right of refusal, I argue that (...) the refusals are just cause for termination of employment. I argue that there are moral principles that support the different outcomes in the cases under consideration. I turn to pharmacy cases at the end of the paper and argue that they are analogous to cases where an employee does not have a right of refusal and thus fall under the principle that refusing to fill birth control prescriptions constitutes just cause for termination. (shrink)

Regardless of leaders’ efforts to do the right thing and meet performance expectations, they make mistakes, with possible ramifications for followers’ and leaders’ well-being. Some leaders will apologize following transgressions, which may have positive implications for their followers’ and their own well-being, contingent upon the nature and severity of the transgressions. We examine these relationships in two separate studies. In Study 1, leader apologies had a positive relationship with followers’ psychological well-being and emotional health, and these relationships were moderated by (...) the severity of the transgression. In Study 2, leader apologies had a positive relationship with their own psychological well-being, positive emotional health and authentic pride. In addition, the nature of transgressions moderated the relationship between leader apologies and leaders’ positive emotions and authentic pride, while the severity of transgressions moderated the relationship between leader apologies and their positive emotions, psychological health, and authentic pride. Implications and future research directions are discussed. (shrink)

I develop a contractualist theory of just intelligence collection based on the collective moral responsibility to deliver security to a community and use the theory to justify certain kinds of signals interception. I also consider the rights of various intelligence targets like intelligence officers, service personnel, government employees, militants, and family members of all of these groups in order to consider how targets' waivers or forfeitures might create the moral space for just surveillance. Even people who are not doing (...) anything prejudicial to other states' security can be modeled as ceding rights against diagnostic collection--light touch collection limited to ascertaining if someone is likely an intelligence threat--as part of their duty to support just foreign institutions. Foreign intelligence officers could not perform the same job potential targets can reasonably demand their intelligence agencies perform on their behalf without this ceding of rights. More invasive forms of collection can only be justified if officers can reasonably model their citizens consenting to being the target of the same sort of collection by adversary states. (shrink)

This article address the issue of employee safety and the social responsibility of multinational apparel retailers who contract with Bangladesh manufacturers in their global supply chain. Both the Alliance for Bangladesh Worker Safety and the Accord on Fire and Building Safety in Bangladesh have been identified as the two primary facilitators for global apparel industry efforts to actively address this serious human rights issue; thus, they have the potential to help drive the success of the industry's corporate citizenship (...) efforts to successfully manage the issue of fire and building safety in Bangladesh. The article further explores these relationships within the context of the “global corporate citizenship” concept, and develops a rationale for the limits of a socially responsible supply chain. In the context of global corporate citizenship, the article describes the existing state of these two industry organizations remediation efforts to ensure a stable supply chain in Bangladesh, and offers an analysis of existing industry nonmarket strategy approaches to improving contractor's factory fire and building safety environments for their employees. Lastly, a comprehensive set of nonmarket strategies for multinational apparel retailers is recommended when addressing their global corporate citizenship commitments to a safe working environment for Bangladesh garment manufacturing employees. (shrink)

Abstract In this paper, I pursue the question whether extending democratic rights to work is good in the broadest possible sense of that term: good for workers, firms, market economies, and democratic states. The argument makes two assumptions in a broadly consequentialist framework. First, the configuration of any relationship among persons in which there is less rather than more coercion makes individuals better off. Second, extending democratic rights to work will entail costs and benefits to both the power (...) and authority of employers and meaningful work for employees. These costs and benefits cannot be determined in advance because they are largely empirical, but there are still good reasons for expanding worker participation all-things-considered. First, I examine the parallel case for extending democratic rights to the workplace based on several similarities between politics and work organization. In addition, I consider the objections from voluntariness and efficiency. Although both objections raise interesting problems I believe that a properly formulated conception of democratic workplaces can answer them. In the final section, I sketch a minimal conception of these rights at the level of the firm that does not require a large-scale transformation of the market economy. (shrink)

Substantial research demonstrates that ethical leaders improve a broad range of outcomes for their employees, but considerably less attention has been devoted to the performance and success of the leaders themselves. The present study explores the extent to which being ethical relates to leaders’ performance and promotability. We address this question by examining ethical leadership from the two ethical perspectives most common in Western traditions—i.e., the “right” and the “good”—and whether one might be more closely associated than the other with (...) performance and promotability evaluations. Results from 117 employee-supervisor-manager triads show that supervisors with a deontological outlook are more likely to be seen as ethical leaders and that utilitarian leaders are more likely to earn higher performance evaluations. We discuss the implications of these findings for research on ethical leadership. (shrink)

Basic human rights are supposed to protect people from abuse and harm. They are the means whereby we protect our humanity. One would expect, therefore, that basic human rights would be valid and sacred in any context, including industrial relations. However, the complexity of the employee–employer relationship obscures this issue, and it is not clear whether such rights can be protected or whether they are valid in the context of industrial relations. Since rights are relational, (...) they are preconditioned on the special nature of the relationship between employee and employer. Hence, the specific meaning that these rights have in industrial relations cannot be grounded in the notion of human rights as such, but rather depends on the special relationships between employers and employees. Though much legislation has been passed to regulate the relationship between employees and employers, the issues surrounding this relationship remain one of the most debated topics in business ethics. Our paper focuses specifically on the right to equal pay and the right to privacy. With respect to the right to property, the paper examines whether there is a conflict between general human rights and the fundamental right of employers to their property. The Israeli legislature has responded to this conflict by enacting ‘protective laws’ that legally outline and mandate certain human rights. Under these laws, employees are prevented and prohibited from waiving the rights granted to them by law, even if employed in private industries. Despite this legislative effort, market forces are at times stronger, and consequently some basic rights are not fully applied or implemented. (shrink)

This research explores the historical perspective of business ethics from the viewpoint of the employer–employee relationship by outlining the impact of the changing social contract between employer and employee relations from the end of World War II to the current day; provides the basic definition of the key elements of the organizational social contract and outlines the social contract in employment relations. It also provides what the author believes to be the key drivers in employer–employee relations and (...) the benefits to good employer–employee relations for each individual within the employment relationship. The results of this research indicate a significant shift in business ethics as it relates to the employers relationship to the employee within a work environment. It further shows the state of the employment relationship prior to World War II. Written contracts were unheard of, but rather, the employment agreement was steeped in a tradition that carried the promise sealed with nothing but a handshake. Now employees have little or no rights; and the ones they are given are provided not by the employer, but by government regulation and court precedent. Issues such as time off for illness, sexual harassment, and workers’ compensation are all handled through legal or regulatory means rather than ethical considerations. The research further shows that the distinct lack of leadership within organizations play a significant role in the disintegration of employer–employee relationships. Specifically, how the lack of leadership relates to the emotional intelligence of the leader. Areas such as empathy and social skills are under trained and under developed by organizations. This research shows that the employer who is willing to give employees what they want and need are far more likely to have success, but more importantly, the organizations will be doing the right thing. (shrink)