Ethics and Legal Issues

An overview related to the workforce

Focus Question

• Name some traits that employers want when they hire an employee.

Ethics

• Principles of conduct that govern a group or society

Commonly Observed Unethical Behavior

• Lying • Withholding needed information• Abusive or intimidating behavior• Misreporting actual time or hours

worked• Discrimination• Misuse of Internet and email privileges• Theft or misuse of company property

Confidentiality

• Keeping your mouth shut and not sharing information that has been entrusted to you.

How to Handle Unethical Behavior

• Keep a written record. Describe each incident including date and time.

• Check your observations with trusted friends colleagues.

• Gather evidence/proof• Decide whether to remain anonymous or

speak up• Report only facts or observations

Focus Question

• Brainstorm some typical ethical scenarios you may face in the workplace.

Focus Question

• Brainstorm some typical laws that affect workers.

Workplace Rights: Minimum Wage

• Federal government and state governments establish these laws that establish the lowest hourly wage an employer must pay for worker’s services. Current federal minimum wage is $7.25 an hour. NJ minimum wage is currently $7.25 and hour although there are proposals in the assembly and senate to increase the minimum wage.

Focus Question

• Do you support a raise in the minimum wage?

Workplace Rights: Compensatory Time

• Some states allow workers to receive time off from work rather than money for working overtime

Workplace Rights: Collective Bargaining

• Laws that allow unions to negotiate with management for better salaries, wages,benefits and working conditions

Workplace Rights: Strikes

• Work stoppage organized by workers in order to force management to accept unions terms in negotiation.

Focus Question

• If your company went on strike would you join them, why or why not?

Workplace Rights: Unemployment Insurance

• Government insurance program that provides financial aid to workers who lose their jobs.

Workplace Rights: Family Leave Act

• Family Leave Act passed in 1993 guarantees employees at companies with more than 50 employees to 12 weeks of personal leave to care for a family member such as a spouse or a child.

Workplace Rights: NJ Family Leave Insurance

Act • As of 1/09, NJ just started

deductions from workers (.09% of wages or about $1.12 per pay period) to pay for NJ family leave insurance which allows workers to take paid time off to take of a sick family member or bond with a newborn or adopted child

Focus Question

• Give an example of prejudice that you have personally witnessed.

Discrimination

• Unequal treatment based on such factors as race, religion, nationality, gender, age, or physical appearance

Equal Pay Act of 1963

• Requires equal pay for men and women for equal work.

Civil Rights Act of 1964

• Bans discrimination in employment based on race, color, creed, religion, gender and national origin.

Americans with Disabilities Act of 1990

• Protects the rights of individuals with disabilities for example it requires employers provide wheelchairs and other accommodations.

Affirmative Action

• A government plan to provide access to jobs for people who have suffered discrimination in the past

Focus Question

• Do you support affirmative action? Why or why not?

Illegal Immigrants in the Workplace

• Businesses must by law verify that all new employees have proper working papers and identification. Businesses face fines if they hire illegal immigrants.

Focus Question

• How should the government handle issues of illegal immigration?

Services offered by Lawyer

• Lawyers handle many services including: defending clients, wills, deeds, property law, divorce, tax liability, discrimination.

Civil Law

• Laws that apply to conflicts between private parties. Examples include divorce, breach of contract, personal injury.

Contingency Fee

• Most lawyers work on a fee (hourly) basis however some will accept a fee (%) of the amount awarded in civil case.

Settlements

• Mutual agreements between parties in order to avoid going to court . A settlement may include a monetary award or a correction of a situation. Many states require parties to a civil case to try to settle out of court.

Criminal Law

• Government brings an indictment or list of criminal charges against a business or person. Examples include fraud, murder, manslaughter.

Focus Question

• Describe the difference between criminal and civil law.

Summons

• Order to appear in court

Felony

• Serious crime punishable by imprisonment or death such as murder, rape, fraud.

Misdemeanor

• Less serious crimes such as shoplifting, striking another worker.

Focus Question

• Brainstorm what you know about sexual harassment.

Sexual Harassment

• Any unwelcome behavior of a sexual nature. Examples include jokes, gestures, repeated or threatening requests for dates, and unwanted touching.

Quid pro Quo

• Explicit offer of reward/ job promotion for sexual favors or negative job action in exchange for denying sexual favors

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Hostile Work Environment

• When a workplace climate is hostile to workers based on sexual harassment such as images, jokes, gestures, pornography, unwanted advances

Unwanted Advances

• Repeated unwanted sexual advances towards an employee by a supervisor/co-worker.

How to deal with Sexual Harassment

• Immediately tell the person to stop. Be clear and direct

• Write down what happened, noting date, time and place

How to deal with Sexual Harassment

• Write down witnesses• Comment about how the

harassment affected your work

• Inform a supervisor/Human Resources Department

How to deal with Sexual Harassment

• If not settled to your satisfaction by the company report to the EEOC (Equal Employment Opportunity Commission

Focus Question

• Describe what you would do if your boss made inappropriate sexual advances toward you.