Deck 3: Ethical Treatment of Employees

Question 1

As outlined by John Boatright in "Occupational Health and Safety", in the Whirlpool case the Supreme Court ruled that employees are justified in their refusal to work and need not request an OSHA inspection in the case of "imminent danger".

Answer 1

True

Question 2

In "Occupational Health and Safety", John Boatright states that in today's work environment, the majority of occupational health problems are the result of routine, long-term exposure to hazardous substances.

Answer 2

True

Question 3

According to Patricia H. Werhane and Tara J. Radin in "Employment at Will and Due Process" which of these is not a justification of EAW

A)Employer and employee rights are defended equally.
B)When an employee accepts a job s/he accepts EAW as part of the employment conditions.
C)Contracts are rightly reserved as a reward for achieving positions of greater respect and authority.
D)Due process interferes with the efficiency of the corporation.

Answer 3

C

Question 4

In "Whistle-Blowing, Moral Integrity, and Organizational Ethics," Brenkert puts the responsibility for creating an ethical environment and one that support whistle- blowing primarily on our social and political systems rather than individual organizations.

Question 5

T of F: Under the Principle of Positional Responsibility, the more the organization undercuts a whistle-blower's attempt at reporting a wrongdoing, the weaker that employee's responsibilities to the company become.

Question 6

According to Ronald Duska in "Whistle-Blowing and Employee Loyalty" we cannot have loyalty to any groups.

Question 7

While private sector employees often fall in the category of "at-will" employees, public sector employees have many more protections against demotions, transfers, or terminations.

Question 8

As told by Brenkert in "Whistle-blowing, Moral Integrity, and Organizational Ethics," the Principle of Positional Responsibility states that employees of a company have a special responsibility due to their circumstances that merits legitimizing whistle- blowing

Question 9

According to Ruth R. Faden and Tom L. Beauchamp in "The Right to Risk Information and the Right to Refuse Workplace Hazards" OSHA's oversight of workplace safety sufficiently protects workers' rights.

Question 10

According Brenkert, acceptable conditions for whistle-blowing include all but which of the following:

A)Whistle-blowers must be current members of the organization
B)Wrongdoing can be reported inside or outside of the organization.
C)The wrongdoing must be "substantial".
D)The whistle-blowing must be directed at someone or an organization that can do something about the wrongdoing.

Question 11

Companies can free themselves from liability for workplace injuries when employees assume the risk of employment whether the employees were coerced into hazardous work or not.

Question 12

John R. Boatright in "Occupational Health and Safety" believes that the common law defense "voluntary assumption of risk" is faulty because it relies on circular reasoning and many employees may be coerced into accepting conditions that they would not otherwise accept.

Question 13

T of F: As told by Brenkert in "Whistle-blowing, Moral Integrity, and Organizational Ethics," a whistle-blower can rest assured that his or her reporting of the company's wrongdoing will be met with gratitude from the organization.

Question 14

Ronald Duska in "Whistle-Blowing and Employee Loyalty" would most likely agree with which of these statements

A)Employees owe companies a prima facie duty of loyalty, however, this is not sufficient to require a moral justification for whistle-blowing
B)Because employers provide employees with a livelihood they are owed a strong duty of loyalty, which precludes employees from whistle-blowing except in cases of
Serious danger to the public.
C)Companies are not something that can rightly claim a duty of loyalty and thus there is no need to morally justify cases of whistle-blowing.
D)Justified whistle-blowing requires only a reasonable person standard regarding belief that harm will come from the actions of the company.

Question 15

According to Ronald Duska in "Whistle-blowing and Employee Loyalty", it is appropriate to evaluate whistle-blowing as analogous to calling a foul on one's own team in sports.

Question 16

Under the Occupational Safety and Health Act (OSHA)workers can walk off a work site if they determine there is "imminent danger" by working.

Question 17

In "In Defense of the Contract at Will", Richard Epstein argues that the fairness and morality of EAW contracts negates the significant costs for a company associated with the adoption of EAW contracts.

Question 18

Which author(s)would most likely agree with the statement that EAW treats employees as a piece of equipment and does not show them the respect they are due as persons

A)Richard A. Epstein
B)Patricia H. Werhane and Tara J. Radin
C)Ruth R. Faden and Tom L. Beauchamp
D)George G. Brenkert

Question 19

According to Richard A. Epstein "In Defense of the Contract at Will" which of these does he use to justify EAW

A)Fairness
B)Utility
C)Both of the above
D)None of the above

Question 20

Patricia H. Werhane and Tara J. Radin state that "at-will" employees only make up a small minority of private sector employees.

Question 21

Werhane and Radin in "Employment at Will and Due Process" provide a primarily Kantian critique of EAW while Epstein in "In Defense of the Contract at Will" provides a primarily utilitarian defense of EAW. First, provide the strongest defense of Werhane and Radin's position. Second, provide the strongest defense of Epstein's position. Finally, stake your own position. Which side do you agree with most strongly. Why

Question 22

Do you believe that OSHA's standards are sufficient to protect the rights of workers Briefly explain.

Question 23

There are rather clear utility exchanges that are made between policies of due process and EAW. Briefly, what are some ways that you can imagine that the utility losses required by a policy of due process may be minimized (or inherent inefficiencies you potentially see in EAW policies)

Question 24

Boatright discusses the common law defense of voluntary assumption of risk within the context of a job which is already held. However, he recognizes that an employee who is coerced into accepting dangerous conditions cannot be said to have voluntarily assumed the risks. This raises questions of coercion regarding the acceptance of a job along with dangerous working conditions. In the case of an individual who is out of work and in a dire situation regarding his or her ability to provide for oneself and one's family, can one say that they have truly freely accepted the dangerous work conditions when accepting the position, or does it make sense to say that one has been coerced to accept those conditions due to a desperate financial position. Appeal to discussions of autonomy and Kantian ethics in defending your position.

Question 25

In the event of severe negative effects that whistle-blowing can have on a whistle- blower, Brenkert says what about the moral obligations of an employee and about going beyond the call of ordinary duty

Question 26

Brenkert describes an employee's obligations of loyalty to both the principal and to his fellow employees and any action that jeopardizes fellow employees' job or the company itself as a violation of that loyalty. How does Brenkert use the Principle of Positional Responsibility (PPR)to reconcile issues of loyalty and whistle-blowing.Additionally, discuss what Brenkert means when he encourages whistle-blowers to regard the PPR in context with their own personal values, morals, consequences, and priorities when considering reporting wrongdoing.

Question 27

Central to Duska's discussion is his conception of loyalty. He contends that companies are not groups that may demand loyalty. Do you find his arguments convincing or do you believe that employees may reasonably be required to be loyal to their companies and why do you believe as such

Question 28

Boatright recognizes a potential strategy regarding workplace hazards in which acceptance of hazardous work conditions may be balanced by negotiated increases in compensation. Do you believe that all workplace hazards should be up for negotiations over compensation or should there be a minimum baseline which, even if employees would be willing to assume the risks for increased pay, they should not be allowed to.Briefly defend your position.

Question 29

The right to refuse workplace hazards has a fundamental conflict with the ability of a business to operate effectively (if employees refuse to work there can be no production). How should these competing interests be balanced. Support your position with appeals to ethical theories.

Question 30

Epstein claims that the positions of both employers and employees are essentially even with regard to EAW. Do you find this line of argument convincing. Why or why not