Research Articles Base: Ethical Dilemmas

THE ETHIC OF PUBLIC SERVICE AND PROFESSIONALISM

THE ETHIC OF PUBLIC SERVICE AND PROFESSIONALISM INTRODUCTION             The public sector is a constantly changing environment in where leadership, environmental influences, and socio-political developments are factors that effect such transformations. Concerns of what constitute administrative behaviour revolve primarily around corruption, the administrative role in the policy-making process, the conflicting obligations of administrators, and with such other dimensions of administrative activity (1988). The significance of communicating ethics and the values that define and underpin the public service cannot be overemphasized. As stated by , it is important for public servants to be provided a common frame of reference regarding the principles and standards to be applied to develop an appreciation of the ethical issues involved in effective and efficient public service delivery (2005), thus the presence of issues of public accountability, audits and performance-based indicators. Over the recent years, there has been an increase in the number of regulatory bodies involved in all aspects of the public services, aims among which are to evaluate and hold accountable the people currently in office. This paper attempts to ascertain if the issues have indeed damaged the ethicality of public service and professionalism through a discussion of the known theories, research and other relevant literature on the themes. It also tries to determine if those tools are necessary for maximizing efficiency and cost effectiveness in the public sector. The issue was deemed important because of the seeming wave of unethical conduct and unprofessional behaviour displayed by most public servants in position, which proves detrimental, not only to public trust, but on the more solid issue of inappropriate allocation of public resources and inefficient public service delivery. Lastly, the matter on public service and professionalism was chosen as the centre of discussion to raise public awareness of the issue and possibly promote better public service delivery and improved public sector professionalism. CONCEPTS As with any other paper, there is a need to initially discuss the primary concepts that will be involved in the later parts of this paper’s examination. The Nolan Committee (now the Committee on Standards in Public Life, Nolan Committee is an independent committee, set up in response to concerns that conduct by some politicians was unethical) identified accountability as one of the ‘Seven Principles of Public Life’, where it was stated that holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office (1995:15). Public accountability in this study’s context means being responsible for actions committed the practice public service that would affect, either directly or indirectly, the general public. Being responsible in public accountability is not by merely taking the blame but also surrendering oneself to public investigation when the need for it arises. Audits can take the form of a financial statements audit or performance audit. It is in the latter form that this paper is focused. commented that auditing in the public sector are heavily influenced by the administrative framework and cultural environment that are in place (1999). Therefore it must be noted that the nature of performance auditing would depend on the particular environment where it is applied. Performance audit, for this paper’s purposes means an independent evaluation of the economy and efficiency of operations of the person being audited, and the effectiveness of programs in the public sector (1990;1999; 1996). The auditing is usually done through oversight bodies in most jurisdictions, as evidenced in various performance auditing studies, although there are variances as to how they are called in the respective places where they are operating (1998;  1996). For instance, in Hong Kong, there is the Independent Commission against Corruption (ICAC) whose strategy is to investigate, prevent and educate in order to curb corruption in the country. There is also the Office of the Ombudsman whose duty is to ensure that Hong Kong is served by a fair and efficient public administration which is committed to accountability, openness and quality of service. Its mission is to redress grievances and address issues arising from maladministration in the public sector and to bring about improvements in the quality and standard of and promote fairness in public administration through independent, objective and impartial investigations (  2004:).             The performance-based approach to measuring organizational success have seen its beginnings in the latter part of the last century, when governments started to use performance indicators to measure their economy, effectiveness and efficiency. There is, however, a wealth of interest on performance indicators in different fields (1986). Aside from national and local politicians, managers (at several different levels), professionals, consumers, and even the workforce have put to use such performance indicators (1995). Performance-based indicators comprise of monitoring activities inside an agency, evaluating the quality of the goods and services it generates, critical evaluation of interactions with various government and non-government entities outside the agency. As stated by  ‘With the growing demand for government to be more responsive, accountable, and frugal with resources, performance measurement is in the limelight’ (1996:1). There is a need to define ethics in the context of public service and professionalism, as it is the premise for which this discussion revolves in.  noted that ethics involves the process of and search for moral standards that aid us in identifying and clarifying right and wrong actions (1992). Despite the clear-cut definition of what ethics is about, numerous situations which arise in the public sector environment do not fit neatly within defined guidelines so that the application of ethical norms involves consideration and deliberate thought prior to action. Mark Huddleston summarily said, ‘not only can we observe wide differences in patterns of administrative ethics between [sic] nations, but even within single systems it is found that ethical patterns may shift over time’ (1981). Therefore, the ideal applications of ethical norms preclude relativism, which says that there are no universal principles or rules to guide administrative action (1998:).  agreed that ethics in public administration traditionally has been divided into two schools, the normative and the structural, wherein the normative perspective often draws upon organizational development, examines how ethical values are inculcated and put into operation in organizations while the structural approach probes formal-legal arrangements, primarily regulatory and legal prescriptions and prohibitions through which governments seek to channel and control administrators’ behaviour (1996). The exercise of ethics related to the normative-structural distinction addresses such ethical issues as independence, objectivity, integrity and professional competence. ETHICAL ISSUES IN PUBLIC SERVICE AND PROFESSIONALISM             Over the past two decades, there has been an increase in the attention that public service ethics and unethical behaviour in the public sector receive. This can be rooted from the fact that the evolution of public administration has carried out its businesses in a progressively more open visibility in the advent of various media. And although the commitment to and the concern for ethics in the public sector have gone through ebbs and flows, there are enduring themes in public management namely: (1) citizenship, ethics, and democracy; (2) virtue, ethics, and the public interest; (3) ethics and the founding fathers’ thoughts; and (4) ethics and administration (1998:). It is in theme of public interest that the issues of public accountability, audits and performance-based indicators surfaced in the recent years. Ethical issues to be discussed in this section in relation to the three include independence, objectivity, integrity and professional competence.             The issue of being independent, meaning being able to think on one’s own without having to ask other’s opinion, have been the focus of snide comments from people who have observed that most public servants do not possess independent thinking, but instead rely on the popular thinking thus ending up in reciting back the opinions of others. The close scrutiny of citizens brought about by the introduction of a host of other media have subjected the public service sector to criticism, allowing for opinions to stream through the society and bringing about the need for performance-based approaches to evaluation. Independence of thinking became one of the indicators with which to determine if the public servant is deserving of the position held, and the rightness or wrongness of having such independent thought, through such performance-based evaluations, can now be analysed.             Objectivity, or being able to develop impartial judgments with respect to decision-making, has also been one of the ethical issues most discussed in the public service circle. This issue affects public service professionalism, because basically, the latter requires objectivity in the performance of actions, especially those involving public service per se. This implies that personal interests should not have room in the service of the general public, for one cannot simply be objective if there is an existing conflict of interest. Performance audit and public accountability play a role in this issue in that commonly, the actions of the people in public administration often benefit their own motives, thus the failure to become objective in making decisions. Through audit and accountability, the person can be made to submit explanations for such and such behaviour, and if deemed improper for the person’s position, the authority could then take measures to correct the wrong either by demotion, suspension, termination or other disciplinary acts. The integrity of a public servant can come under pressure in a variety of ways, including but not limited to, the improper use of the delegated power and the chronic mankind disease: corruption. The larger issue of corruption has been remedied, or at the very least, given attention to by governments through adoption of structural arrangements such as ombudsman, inspector general, and special prosecutor and establishment of ethics offices and local ethics commissions designed to combat corruption and support incorruptible public administrators. The success of these methods of audit and accountability implemented by the governments have depended on the manner of carrying government policies out, as countries have shown a variety of reactions to such arrangements, both positively and negatively. Professional competence of the public servants or their characteristic that underlie successful performance or behaviour at work has also been under scrutiny since the system has become more openly visible in the performance of public duties and responsibilities. Competency is linked to proper behaviour in the performance of tasks associated with public service and can be used to track performance through such means as using performance-based indicators. A list of the competencies included in the indicators can be compared to what is actually being carried out by the particular person in observation, thus providing for a basis with which to evaluate overall performance. As an answer to the implied need of having a guideline that will serve as a basis for assessing standards of a fair and reasonable public administration, the Office of The Ombudsman in Hong Kong developed the Administrative Fairness Checklist which aimed to provide a general guidance on good administrative ethical practices with general headings as: (1) Sense of Responsibility and Accountability; (2) Making of Decisions; (3) Honesty and Integrity; (4) Professionalism and Public Interest; (5) Courtesy, Equality and Equity; (6) Loyalty and Dedication; and (7) Economy and Environmental Consciousness (1995 online). Additionally, a set of principles has been developed by the Organisation for Economic Co-operation and Development (OECD) to help countries review the institutions, systems and mechanisms they have for promoting public service ethics namely: (1) Ethical standards for public service should be clear; (2) Ethical standards should be reflected in the legal framework; (3) Ethical guidance should be available to public servants; (4) Public servants should know their rights and obligations when exposing wrongdoing; (5) Political commitment to ethics should reinforce the ethical conduct of public servants; (6) The decision-making process should be transparent and open to scrutiny; (7) There should be clear guidelines for interaction between the public and private sectors; (8) Managers should demonstrate and promote ethical conduct; (9) Management policies, procedures and practices should promote ethical conduct; (10) Public service conditions and management of human resources should promote ethical conduct; (11) Adequate accountability mechanisms should be in place within the public service; and (12) Appropriate procedures and sanctions should exist to deal with misconduct (1998). PUBLIC SERVICE AND PROFESSIONALISM UNDERMINED?             As mentioned in the duration of the discussion, evaluation is one of the mechanisms for being accountable.  It can demonstrate how the job is done, either well and meeting objectives or poorly and failing to attain goals. The importance of an ethical and professional public service in the Hong Kong region cannot be denied, as there is evidence pointing out that a large amount of the nation’s budget goes to the public sector spending for the facilitation of providing essential public services. Hong Kong has been preoccupied with the public policy issue of corruption over the past decade. Successful achievements in curbing the country’s corruption have been recognized internationally, as claimed by  (2006). The corruption scandal involving , a Chief Superintendent of Police who was under investigation for suspected corruption and fled to the United Kingdom in June 1973 enraged the Hong Kong public, thus eliciting a series of campaigns for investigation and an increased awareness in the role that public accountability, audits and performance-based indicators play in prevention of such a problem. Two years after ICAC as founded and after in-depth investigation, Godber was extradited to Hong Kong and was imprisoned. This nationwide scandal has caused for the Hong Kong community to demand accountability and transparency of public servants. According to  (2006:online), in the 1980s when the Hong Kong economy started to become buoyant, there was a surge in illegal rebates, commercial fraud and finance-and-bank-related corruption and in the 1990s when there was a bubble economy, the over-heated construction market again led to scandals and corruption. A more recent occurrence, further relayed by described that on May 26 of last year, ‘the Court of Final Appeal confirmed the conviction of Sin Kam Wah, a senior superintendent of police, for misconduct in public office. He accepted sexual favors as a public officer in command of one of the departments of the police tasked to investigate vice offences. The first instance court judge stated, “ It is the clearest of cases of ‘keeping sweet’ corruption where advantages are given to someone in authority , without asking for a quid pro quo at the time the advantage is given, but building a store of goodwill to provide a basis for future corrupt demands”’ (2006). Allegations of election corruption, conflict of interest; misuse of public funds and resources by politicians and officials, favoritism, cronyism and collusion between big business and government were frequently made to ICAC and referred to the Department of Justice for legal actions to be made in the event that the investigations prove that a serious misconduct was committed. The country is not unique in its experience. Nations all over the world has been plagued by the same problem, effects clearly visible but costs cannot be properly and exactly quantified, as there are obviously no public records for what goes on beyond the reach of public eyes. Furthermore, there is simply no quantification for the misuse of entrusted power for public gain and not all the signs of corruption come in monetary form, although experts use regression analyses and other empirical methods in an attempt to put figures on the problem’s costs. In view of this major and alarming issue on public service and professionalism came the need for the use of such tools as public accountability, audits and performance-based indicators in order for those concerned to know not only the basic facts and figures but also the mechanisms and processes. The Hong Kong region has effectively taken measures to bring back public trust on the ethical and professional performance of public servants through the adoption of the tools, if not only to remedy the existing problems rooted from it, but also to prevent such future instances from happening. As gained from the wealth of literature on the subject discussed and from the actual Hong Kong experience, the existence of public accountability, audits and performance-based indicators have in no way undermined the ‘ethic’ of public service and professionalism. If anything, the three evaluation arrangements have only served to strengthen public service and professionalism through the exposition of proper and improper conduct in the carrying out of public duties and responsibilities. PUBLIC ACCOUNTABILITY, AUDITS & PERFORMANCE-BASED INDICATORS: EFFICIENT AND COST EFFECTIVE?             Along with the ethical issues that the three tools attempts to address, there is also an existing debate on the tools per se, over whether they maximize public service and professionalism efficiency and if they are cost effective. The transparency required by public accountability, audits and performance-based indicators puts public servants in a position where they have to make the best out of the power given to them by the people to serve the latter’s optimal interests, otherwise, they would have to answer to the community and possibly be deprived of their position. These tools serve as the driver to maximize efficiency in carrying out the duties and responsibilities entailed with public service. Performance audit, for one, serves as an independent evaluation of the economy and efficiency of operations of the person being audited, and the effectiveness of programs in the public sector (1990; 1999; 1996). Governments also use performance indicators to measure their economy, effectiveness and efficiency. Legislative committees, parliamentary questions, judicial control and ombudsman are just some of the more common means for accountability in the public sector. Arguably, these bodies eat a certain amount of the public budget, adding to the already large public expenditure that the government allocates for in its annual budget. However, compared to the costs suffered when problems that roots from failure to hold public servants accountable for their actions and evaluate their performance arise, the cost to maintaining such bodies can now be viewed in a different light, as an investment to secure the community’s future against those who abuse the power vested to them by their positions, even saving the public sector a lot of money which would otherwise have been corrupted by public servants, used indiscriminately for purposes not beneficial to the general welfare and the like. CONCLUSION             It can be summarily said that public accountability, audits and performance-based indicators have not undermined the ethic of public service and professionalism, but instead served to further strengthen the system of extending service to the public sector through making all the facts, figures, mechanisms and processes transparent to the general public and open to he latter’s investigation and inquiry. These tools are necessary for maximizing efficiency and cost effectiveness of public service delivery and professionalism in that they provide the groundwork on which to implement an effective and efficient public sector. Credit:ivythesis.typepad.com

THE ETHIC OF PUBLIC SERVICE AND PROFESSIONALISM

THE ETHIC OF PUBLIC SERVICE AND PROFESSIONALISM INTRODUCTION The public sector is a constantly changing environment in wher...

Competition and Ethical Behaviour

Competition and Ethical Behaviour   It is usually said that whenever competition gets fierce, market pressures can drive you to become unethical. On the other side of the same argument, in a tough business environment, competitors are cautiously determining each other to report unethical behaviour to bring the competitor down. One topic of growing concern in business ethics is the relation of business to the natural environment and the ethical issues inherent in that relationship. The natural environment is becoming increasingly important as environmental problems impinge themselves on business and society. Yet when it comes to ethical issues with respect to the  environment, business ethics is confronted with another area of ethics, environmental ethics, that has separate body of literature, different  professional organizations, and disparate scholars and educators. Attempts are being made to overcome the chasm between business ethics and environmental ethics through the establishment of new overlapping groups, through joint sessions at various organizational meetings, through special conferences, and through books and papers, all  concerned with environmental issues both from managerial and ethical perspectives.   One of the most basic fundamentals of the theories in economics is those of personal preferences, which is assumed to regulate our everyday behaviour. As is well known, if a person’s preferences satisfy certain rationality requirements then they can be represented by an ordinal utility function. Economists sometimes assume that people’s preferences are completely selfish. But we all know that this is an oversimplification. First, many people and perhaps most people display considerable altruism, at least in dealing with members of their family and with their close friends. Indeed, they are often quite willing to provide some help and do some favors for many other people, including complete strangers, as long as this costs them only a little in time, effort, and money. But even if most people’s preferences are not completely selfish, they are particularistic in the sense of giving more weight to their own interests and to those of their family members and friends than to those of other people. (1996) What is illegal and what is unethical can often be quite clear. But there is a vast grey area in-between and that is where the fierce competitor can often land if he is not careful. There is no doubt that competition is fierce when it comes to getting doctors to prescribe a particular brand of medicine for an ailment when there are alternatives. For example, if a patient suffers from high cholesterol that needs to be brought down through medication, Pfizer, Merck and Bristol-Myers-Squibb are keen that the doctor prescribes their particular brand. Economics and ethics naturally come into rather intimate relations with each other since both deal with the problem of value. Two of these lines of relation are especially interesting in their bearing upon the vexed problem of scope and method in economics.   Children: In many business scenes nowadays, the pressures of contention between business organizations force them to take in children into their labor force. In hiring children of which is way cheaper than hiring adults individuals and also taking into account variations in terms of productivity, and if one firm hires children, it can reduce prices. Given this setting, its competitors are also obliged to hire children or face the reality of going out of business. On the other side of the situation, if the parents of the family can require their children to work and thereby place themselves at a vantage point for themselves in competition with other families, then competition among families also force children to join the work force. Either of these forces of competition on the demand or on the supply side – would ultimately lead the children into the workforce.   Whether or not child labor is considered effective depends on a list of elements, such as whether the children are educated and whether capital markets are sufficient as developed that their respective families can borrow rather than send their own children to work, how the family acts as a family, and etc. Presumptively, the more effective these market structures are, the less chance are for children to work as laborers.   Corruption:   In the first kind of corruption, a fitting example would be for an official of a government who takes in payment in exchange for reduction of the payments in revenues, taxes or tariffs of which a briber owes to the government. In the second type of corruption, government official contracts extra wealth in substitution for rendering the briber with goods or services, such as business permits, to the official is titled even without the bribe itself. Relative to an organization with no corruption, corruption in existence without larceny brings up related costs, but corruption with larceny brings down overall prices.   As an effect, the latter type of corruptness permeates more where markets are more competitive with each other. Whenever a firm’s rival can cut back on its taxes by way of corruption, or is able to import more by compensating with lower bribes rather paying higher tariffs, it can pass on his savings to consumers. In a competitive market, then, every firm must pay bribes or go out of business. The fiercer the competition is between competitors, the bigger is the pressure to reduce costs, and the more likely is the chances for corruption to be present.   Corruption coupled with larceny has one extra competitive vantage point. This is because both the official and the briber benefit, and neither one of them have any lawful right to report the account to the police. In contrast to corruption without theft, this raises costs and the briber has a right to report the account to the authorities. Another pressure comes from the competition for available government jobs.   In some other countries some of these government positions are being auctioned off by their senior officials. This leaves the interested applicants paying to acquire the job. This kind of competition for jobs causes’ pressure on corruption occur and spread and the honest government officials simply can’t afford appointments. In the end, open positions are taken by those who paid the most for the jobs. This source of competitive pressure applies to corruption both with and without theft, which might explain why corruption without theft is also pervasive, even though it raises costs.   What to do:   What are some steps which can be taken to prevent such social ills? As earlier said, discouraging unethical behaviour is easier said than done. Corruption enables businesses to get around through undue business ordinances and some of these businesses in reality promote economic development and this actually improves the economic circumstances of both the children and their families wherein there isn’t much choice for alternatives. High levels of executive pay may allocate the most talented managers to growing young firms. Some technology entrepreneurs argued that conventional accounting harmed their companies as investors failed to understand the temporary nature of their losses, and that therefore some freedom of accounting choice was essential for accuracy. And commercialization of universities might enable them to better discharge their core duties.   How the firm is embedded in its business environment can best be understood in terms of the dynamics of adjustment whereby a culture and its institutions mutually affect each other. Business institutions affect culture of the business environment and this culture adjusts, this adjustment in turn bears upon the direction of the ongoing development of corporate activity. As this kinetics has been present since business started out, the alterations taking place within it can possibly be looked upon in terms of consecutive shifts among the three major moral frames of which market activity is located. Through this processes, the while market organization can be gradually gain its autonomous state and dominating force.   When rationality and morality clash, one of them has got to yield. There are those who would have us change our moral intuitions: ‘Greed is good!’, declared the flamboyant Wall Street arbitrageur, just a few months before going to prison. Others would allow that perhaps it is rationality–Nash rationality, to be precise–that ought to give way. Is bounded Nash rationality likely to give us what we need? In this chapter, I have argued that it is not. What is needed, rather, is a more radical departure from Nash.  argued for a notion of rationality based on convention, an idea that has since been explored by many, most recently by  (1969). The notion of rationality to which I have chosen to refer is one based on survival. There are, and will be, other approaches, and only time will tell which, if any, is apt (1996)                               Credit:ivythesis.typepad.com

Competition and Ethical Behaviour

Competition and Ethical Behaviour It is usually said that whenever competition gets fierce, market pressures can drive you to become...

Ethical Dilemma

The Ethics The Ethics (also known as ‘moral philosophy’) is a branch of philosophy which seeks to address questions about morality, such as what the fundamental semantic, ontological, and epistemic nature of ethics or morality is (meta-ethics), how moral values should be determined (normative ethics), how a moral outcome can be achieved in specific situations (applied ethics), how moral capacity or moral agency develops and what its nature is (moral psychology), and what moral values people actually abide by (descriptive ethics).1 The Ethical Dilemma This is an ethical problem in which the ethical choice involves ignoring a powerful non-ethical consideration. Do the right thing, but lose your job, a friend, a lover, or an opportunity for advancement. A non-ethical consideration can be powerful and important enough to justify choosing it over the strict ethical action.2 Stakeholders Some executives believe that if their companies adopt a market-orientation and focus only on customers and shareholders, everything else will be adequate. Unfortunately, failure to recognize the needs and potential impact of employees, suppliers, regulators, special-interest groups, communities, and the media can lead to unfortunate consequences. Different people perceive issues with varying intensity due to their own personal moral development and philosophies and because of the influence of organizational culture and coworkers. Individual Perspectives             Although individuals must make ethical choices, they often do so in committees, group meetings, and through discussion with colleagues. Ethical decisions in the workplace and guided by the organization’s culture and the influence of coworkers, superiors, and subordinates. Codes of conduct and ethics policies, top management’s actions on ethical issues, the values and moral development and philosophies of coworkers, and the opportunity for misconduct all contribute to an organization’s ethical climate. The ethical climate actually determines whether certain dilemmas are perceived as having a level of ethical intensity that requires a decision. Organizational Culture Organizational culture relates to how things are done both formally and informally on a daily basis like, giving punishments to a worker who violates the office or organization rules. This sample and the alike may cause them to act unethically. Analyzing Ethical Problems             In the terms that a person must choose between the option of having a friend and leaving a job, or the different way, will definitely cause a person to carry that burden every night. The problem will remain constant and the result will vary unto what will be the person’s decision. Beyond that, no one can make the decision except for himself. Maybe, he can ask the opinions of others but the influence that they can give will apply much on the creation of his decisions. Other than that, the person should still base his decision unto what his heart urges him to do so. The human instinct for some is a good start to pulse any outcome or damage that the decision will cause.             On the other hand, when a person tried to showcase other approach to make his friend and job in tact, he will definitely find some other possible options. The dignity that a person must gain is still in him and it will not going to slipped away through his hands. Thus, the possible actions that his mind might formulate are to choose a decision different from the two of the options.                   Usually, when a person is going to choose upon the two options, he definitely make and strive a way to play safe. When a person had a difficulty in weighing, he intends to focus himself in choosing what’s right.  The things that a person is taking for a consideration are the things that he will earn much. Inside the organization that experiencing a dropping of sales and a position of a person is not stable. The person who is willing to take the risk just to make his job keeping in track, the best solution to this dilemma is to create his way to commit the goal he want. In fact, creating other bright ideas and innovation will promote the true skills of the person involve.             At least, the person involved is valued enough by contributing his own ideas than stealing it from his friend. He did not seek to compete with his friend but he only defies his own ability; if the other person can do the task, why not he? There are many considerable options but the things’ best is to compete with his self. To create a way to keep a person’s work is not that personal, actually, losing a job will make someone feels degraded. But it will only last for awhile; the thing that a person should keep in mind is not losing the willingness to face the test. Credit:ivythesis.typepad.com

Ethical Dilemma

The Ethics The Ethics (also known as ‘moral philosophy’) is a branch of philosophy which seeks to address questions about morality, such...

Ethical Policy to Moderate Institutional Racism

Ethical Policy to Moderate               Race, culture, heritage and origin are among the moral issues still being tackled and emphasized in the contemporary American society. Despite the laws and rules regarding the issue of discrimination, it still remains to be the primary dilemma or problem of ethnic minorities in the United States. Such dilemmas are in relevance to  and affirmative action of the government, which instead of giving the ethnic minorities in the United States a sense of freedom and equality provides them with further issues in relation to employment, individual rights and education. There is much debate about dealing with the lingering effects of past racial discrimination, which is related to the use of affirmative action as an answer to past cases of discrimination (). With this issue, this paper will give an argument of the flaws of affirmative action as a remedy for , in accordance to specific cases and government acts and propositions.              It has been reported that  or systematic racism is a theoretical form of racism, which happens in private or public institutions including public bodies, corporations and academic institutions (). In addition, it can also be defined as “the collective failure of any organization to provide an appropriate and professional service to individuals due to their color, culture or ethnic origin” (). With this important social issue, it can be understood that because of , many individuals are not given the proper opportunity to avail and enjoy their rights as rightful individuals in the American society. Given the many communication and technological advances and development in the society of the United States, the occurrence and chances of encountering a variety of individuals has a higher rate. Due also to the concept of globalization and internationalization, many individuals belonging to different countries desire to pursue their education and employment in First World nations, such as the United States, to become successful. However, despite the concepts of globalization and internationalization, the rate of discrimination is still high in the American society, especially in terms of education, employment and equality. Because of this, it can be argued that instead of focusing on the implementation of affirmative action as a solution to  and discrimination, instead, education and open-mindedness must be promoted and encouraged in academic systems and in the homes of Americans to be able to alter the practice of ethnocentrism and inequality among individuals in the society. With the practice of cultural relativism in the homes and academic systems of the United States, it would somehow help the society, especially the minority groups to overcome discrimination and racism, with the support of not only the government, but the entire society as well.             In relation to  and discrimination, the solution being given by the American government was the affirmative action, which is a complex policy, designed to end discrimination in hiring, college admissions, and the awarding of contracts (). It was initially conceived as a temporary measure to compensate for the years of slavery and it was hoped that it would lead to equal opportunity for all, thus, it serves to increase equity and opportunity to permit race and gender to become a factor in hiring, contracting, admissions, and financial aid (). Moreover, it justified using unequal means to achieve greater equality among diverse groups of people, which would contribute to the “public welfare because it reduces poverty and inequalities” (). However, although affirmative action is a plausible answer for discrimination, it still practices inequality and injustice, thus, removing the rights of many individuals in the society. A related example of  occurred in 1935, when the United States Congress passed the Social Security Act, which guaranteed an income for millions of workers after retirement, but excluding domestic and agricultural workers (). These workers were Mexican-American, African-American and Asian-American, who were not guaranteed an income after retirement and had fewer chances to save, accumulate and pass wealth on to their future generations (). With this problem relative to poverty, affirmative action is not a solution because it does not challenge the roots of inequality, and redistributive measures such as affirmative action are only a compromise with and concession from the caretakers of American prosperity (). From this, it can be seen that the implementation of affirmative action cannot answer the problems of ethnic minorities regarding poverty, unless the U.S. government will decide to discriminate whites in relation to providing them with employment and properties. With this, it can be seen that the problem regarding discrimination is still not addressed.             A specific example of an attack to the implementation of affirmative action occurred in 1976 when  sued the University of  Medial School at  for denying him admission in favor of Black candidates who he alleged were less qualified academically ( ). He argued that this violated his Fourteenth Amendment right to equal protection, thus, this was reverse racism, where white men were being discriminated against and minorities were given preferential treatment (). In relation to this, in July 1995, the National Conference of State Legislatures counted at least ten other states in the process of introducing legislation or organizing ballot measures to ban “preferential treatment” based on race, color, ethnicity, gender, or sexual preference (), thus weakening the implementation of affirmative action. With this specific example, it can be understood that because of such a flaw, affirmative action would not be as effective in addressing the problems of discrimination, as thought of. The use of such an action worsens the situation regarding discrimination, and limits the opportunities of not only the individuals belonging to ethnic minorities, but of other individuals, such as the whites.             In addressing such issues regarding  and discrimination, it must be argued that the issue that must be emphasized here is the ethnocentrism of many individuals living the society of the United States. Ethnocentrism is the view of many White Americans that their culture, race and color are superior to other cultures. If this mentality will be primarily addressed through appropriate education and practice, such as in their homes and in academic institutions, then the problems regarding discrimination would not be as worse as today. Because ever since, the mentality of ethnocentrism has been instilled in the systems of many Americans, it would be difficult now to erase such a mentality in the contemporary society. However, if cultural relativism would be instilled and reinforced to the individuals of today, then somehow, more people will become open-minded in tackling the issues of racism and discrimination of society. If cultural relativism would be given emphasis, many individuals would have the mentality of giving an equal chance and opportunity to others, thus, becoming more open to different cultures and races in the American society. Therefore, the problem regarding discrimination may become dependent on the practices, education and mentality of many individuals in the society, thus, not anymore needing the implementation of affirmative action.             In addition, because affirmative action contributes more to the discrimination and inequality in the American society, its implementation would be make it more difficult for many to accept unjust decisions, especially in terms of education and employment, which are the most important aspects of living. If its use will be reduced, and the education and correction of ethnocentrism mentality would be given more emphasis, then more individuals would be able to benefit and enjoy the opportunities given to them. Lessening the use of affirmative action would also reduce conflicts in relation to race and color, thus, encouraging and promoting effective cultural interrelations among races, cultures and colors in the American society, thus, reducing discrimination and inequality. Moreover, encouraging emphasis on cultural relativism would make the society more conducive to living of different cultures, thus, promoting growth of many. Credit:ivythesis.typepad.com

Ethical Policy to Moderate Institutional Racism

Ethical Policy to Moderate Race, culture, heritage and origin are among the moral issues still being tackled and emphasiz...

MARY’S DILEMMA

Critical Thinking and Application Paper   1. Listing of Ethical Issues <ul style="margin-top: 0in; margin-bottom: 0in" type="disc"> <li class="MsoNormal" style="text-align: justify; line-height: 150%"> In a way, tolerating the abuse of alcohol and drug use by doing nothing at a time, may lead to further jeopardizing the health and reputation of Mary’s parents </li> <li class="MsoNormal" style="text-align: justify; line-height: 150%"> Effects of the situation to Mary’s brother and his family </li> <li class="MsoNormal" style="text-align: justify; line-height: 150%"> Existence of privacy laws between the doctor and Mary’s parents </li> <li class="MsoNormal" style="text-align: justify; line-height: 150%"> Protecting the reputation of Mary’s parents in the community and the church </li> <li class="MsoNormal" style="text-align: justify; line-height: 150%"> Loss of legal source of drugs, which may lead Mary’s parents to seek similar, costly, and more dangerous drugs on the streets </li> <li class="MsoNormal" style="text-align: justify; line-height: 150%"> Given side effects of their alcohol and drug addiction </li> </ul>   2. Different options or optional responses/actions to resolve the central ethical issue <ul style="margin-top: 0in; margin-bottom: 0in" type="disc"> <li class="MsoNormal" style="text-align: justify; line-height: 200%"> Talk to the parents about the problem, including the consequences of their actions and the possible solutions that they may be thinking about</li> <li class="MsoNormal" style="text-align: justify; line-height: 200%"> Mary can seek the help from his brother and his family, including the kids or the grandchildren of Mary’s parents</li> <li class="MsoNormal" style="text-align: justify; line-height: 200%"> Mary and his brother can talk to the doctor. She or they can ask him to tell him of the situation. She or they can even ask the doctor to advice their parents to stop using the drugs he had prescribed</li> <li class="MsoNormal" style="text-align: justify; line-height: 200%"> Mary can talk to the closest friends, colleagues, and church friends of her parents to help persuade them to stop drug abuse. They could also be the key to knowing the problems of her parents</li> <li class="MsoNormal" style="text-align: justify; line-height: 200%"> Mary can take her parents to undergo medical check up regarding their condition, including the possible complications of their drug use and abuse</li> <li class="MsoNormal" style="text-align: justify; line-height: 200%"> Mary, including her brother and his family can come up with activities or ways to distract their parents to stop using the drugs. Such activities include engaging in sports, music, or travel.</li> <li class="MsoNormal" style="text-align: justify; line-height: 200%"> Mary can consult Alcoholic Anonymous and other local health or social workers in the community, in order to provide advice her on what to do regarding her parents’ situation</li> <li class="MsoNormal" style="text-align: justify; line-height: 200%"> Mary can send her parents to the hospital, institutions, therapists, or to rehabilitation centers</li> <li class="MsoNormal" style="text-align: justify; line-height: 200%"> Aside from rehabilitation centers, Mary can send her parents to psychotherapists, in order to help her identify their problems and the causes of their addiction, and to be able to help them be assessed for treatment</li> <li class="MsoNormal" style="text-align: justify; line-height: 200%"> Mary can accompany her parents to transfer to another town, city, state, or to another country if possible</li> <li class="MsoNormal" style="text-align: justify; line-height: 200%"> Mary can hire a guardian for her parents for further observation, assistance, surveillance, and treatment.</li> <li class="MsoNormal" style="text-align: justify; line-height: 200%"> The whole family can undergo a family therapy and community therapy, along with the collaboration, assistance, and help of health or social workers</li> </ul>   3. Individual stakeholders and stakeholder groups relevant to the central ethical issue a) Mary – Mary is the primary concerned person in this ethical issue. This is because she was the person to closely observe and take note of the changes in her parents. Because she is single and still living with them, Mary has the primary responsibility to take care of them, most especially given their condition. b) Mary’s brother and his family – Another stakeholder for this ethical issue is Mary’s brother and his family, which apparently includes his wife and kids. Like Mary, her brother is also responsible for taking care of his parents even if he already has his own family. This is because having a family does not change the fact that he is still the son of his parents. c) Doctor – The doctor of Mary’s parents is another stakeholder considered for this ethical issue. This is because he or she is the one responsible for giving the drug to Mary’s parents. The doctor was also the one responsible for assessing and examining the condition (back pain) of Mary’s parents, including their follow up check up. However, because it was not indicated that Mary’s parents had follow up check ups with the doctor, this situation can claim that the doctor was not responsible enough and not competent enough to handle their case and take care of them. d) Church and its members – It was mentioned in the case that Mary’s parents were active in the church. As such, it can be assumed that her parents have close friends in their church. Their closest friends must be concerned of their situation or inactivity in church meetings and other activities. The priest or pastor, including their friends must be concerned to take time to go to their house and visit them. Their church friends may also be responsible for providing her parents with spiritual guidance, and even be the most likely to have the ability to persuade them to stop their addiction through spiritual lectures and advices. More importantly, they must be the most trusted friends of Mary’s parents, thus, they might have an idea as to their problems of dilemmas. e) Community and community members – Lastly, the community members, including the colleagues, neighbors, and other acquaintances of Mary’s parents are considered. This is because they might also have an idea regarding the problems that her parents are dealing with. They may also observe or notice the changes happening to her parents, and even know the persons her parents are relating with.   4. Application of relevant principles One of the theories of ethics that can be applied in this ethical issue is the ethics theory of Immanuel Kant, which was termed as Kantianism. It has been reported that Kant argues that a person is free when he or she is bound by his or her own will and not by the will of another person. For Kant, the only truly moral action is generated by a pure motive, where the truly moral person will do what should be done, regardless of the intensity of pros and cons of the consequences, but simply because one knows, he or she must obey the moral law (Johnson). In addition, Kant’s ethical theory can be divided into three parts. The first part is the general dictum, which emphasizes that, “if you wish to act morally, act as if your action in each circumstance is to become law for everyone, yourself included, in the future”. The second categorical imperative states that, “if you wish to act morally, always treat other human beings as ‘ends in themselves’ and never merely as means”. Lastly, the third categorical imperative stresses that, “if you wish to act morally, always act as a member of a community where all the other members of the community are ‘ends’, just as you are” (Seedhouse 55). The core ethical principle of Kant’s ethical theory states that if Mary would be doing a moral action, then it must be generated by a pure motive, thus, making her do the things that should be done, regardless of good or bad consequences, as long as it is in compliance with the moral law. Mary knows that drug addiction, and even alcoholism yields unwanted and negative effects to her parents, their family, and the whole community. Her motive is also pure, as she only wants the best for her parents and their family. Thus, whatever her solution to the problem may be it is then focused in attaining a moral action that is grounded on moral law. Another theory related to the issue is the theory of utilitarianism, which involves seeing the actions and welfare of individuals equal. In this sense, good actions lead to good consequences, while bad actions lead to bad consequences. One of its types is Act Utilitarianism, which promotes moral conduct that produces the greatest balance of good over evil, thus, a balance of good and evil is applied to every action (Cassens 43). In addition, in Act Utilitarianism, one must ask, “What effect will my doing this act in this situation have on the general balance of good over evil?” (Frankena 35). In this case, telling the truth cannot be generalized as a moral act. This is because one must be able to assess and realize if telling the truth would yield balance between good and evil. Based on this ethical theory, it can be perceived that a certain action, although considered moral, when done, may not always yield a positive or a negative consequence. The example of truth telling may also be related to Mary’s ethical issue. In this case, the truth in telling his brother, the doctor, church members, and community members may not yield negative responses, as thought upon by Mary. Instead, Mary can manage to tell the truth to the different stakeholders mentioned, in order to help her help her parents go through their situation. In this sense, Mary’s action in telling the real situation of her parents to the different stakeholders would be considered moral, as it would produce the greatest balance between good and evil. The last ethical theory considered is rule utilitarianism theory, which uses rules to assess the balance of good and evil, thus, there is conformity of actions to valuable rules. In addition, from the utilitarian perspective, what is considered ethical can be summarised in the basic tenet ‘the greatest good for the greatest number’ (Cassens 44). Moreover, for Rule Utilitarianism, “the question is not which action has the greatest utility, but which rule has. The question that must be asked would be, “what would happen if everyone were to do that in such cases”? In addition, the principle of utility also comes in, not in determining what particular action to perform, but in determining what the rules shall be, being able to promote the greatest general good for everyone (Frankena 37). In the issue being experienced by Mary, it can be perceived that informing the situation going through by her parents would promote the greatest good for everyone. This is because, through Mary’s informing the stakeholders, the welfare of her parents, their family, and the whole community would be given importance. Rules are important in Rule Utilitarianism. This is because rules would enable one to make decisions that would promote the greatest good for everyone. In this case, rules, such as rules in drug or substance addiction must be put in first hand in order to make the right decisions regarding Mary’s parents.   5. Choice of wisest option and justification             Among the possible options, the last option is the wisest option that can be used, which would be said to promote the greatest good for Mary, for her family, for the community, and most especially, for her parents. The last option states that the whole family can undergo a family therapy and community therapy, along with the collaboration, assistance, and help of health or social workers. It has been reported that family therapy, or couple/family systems therapy is a branch of psychotherapy related to relationship counseling that works with families and couples in intimate relationships or in terms of interaction systems between family members to nurture change and development (‘Family Therapy’ 2008). In relation to family therapy is community therapy or milieu therapy, which is a planned treatment environment in which everyday events and interactions are therapeutically designed for the purpose of enhancing social skills and building confidence. Also known as “life space”, it provides a safe environment rich with social opportunities and immediate feedback from the caring staff (‘Milieu Therapy’ 2007). This was deemed the wisest option due to three main reasons:             Primarily, undergoing family therapy would enable Mary’s family to strengthen their family ties, such as done through bonding and communication. Through family therapy, each member would be able to express love and concern for one another, make up for the lost time, and show support to one another in times of turmoil and distress. In addition, this would provide the opportunity for the family to change their bad habits, to learn from each other, and grow, develop, and mature together, and to solve problems together.             Second reason for choosing this option is that through family and community therapy, they would be able to find alternative ways to solve their problems, such as without the influence or presence of any substance. Through such therapies, they would be able to gain new insights, be able to change their attitudes, and change their behavior toward life. In addition, this can would be a good opportunity to develop a fresher confidence, self-esteem, skills, competencies, new practices and beliefs, positive thinking, and particularly, focus on spiritual interventions.             The third reason is that through such forms of therapies, more interaction with the members of the community would serve as a good distraction for Mary’s parents to further prevent addiction. Increased interaction means more people to talk to and relate with, thus, providing opportunities to get and share ideas with. They would have the chance to participate in different activities, thus, helping to stimulate their mind, body and soul, which would not give room for idle time.   6. Identifying logical fallacies (Goree, et al. 68-75) a) Ad hominem abusive: “How can you take drugs prescribed by that doctor? He’s the most stupid and most irresponsible doctor in this town!” – said by Mary to her mother b) Ad hominem circumstantial: “How would you know how painful their situation is? You are not even at home to see to their condition!” – said by the doctor to Mary c) Appeal to Emotion: “If you believe that you are still a part of this family, you will help me.” – said by Mary to her brother d) Invincible Ignorance: “I don’t care what the doctor said. I just know that Mom and Dad must stop taking the drug at all cost!” – said by Mary to his brother e) Inconsistency: On the day Mary discovered the excessive use of narcotic, her mother said, “I took an extra pill to lessen the back pain much faster.” In another occasion, she said, “I’m taking more to make me more alert.” – said by Mary’s mother to her                  Works Cited   Cassens, B.J. Preventive Medicine and Public Health, 2nd ed. USA: Lippincott Williams & Wilkins, 1992. Family Therapy. Wikipedia, the Free Encyclopedia. 14 March 2008. <http://en.wikipedia.org/wiki/Family_therapy>. Frankena, W. Ethics. Englewood Cliffs, New Jersey: Prentice Hall, 1963. Goree, K., Mary Dawn Pyle, Emily Baker, JoAnne Hopkins. Ethics Applied, Edition 4.0. Boston: Pearson Education, 2004. Johnson, R. Stanford Encyclopedia of Philosophy. 14 March 2008. <http://plato.stanford.edu/entries/kant-moral/>. Milieu Therapy. Wikipedia, the Free Encyclopedia. 14 March 2008. <http://en.wikipedia.org/wiki/Milieu_Therapy>. Seedhouse, D. Ethics: The Heart of Health Care, Second Edition. New York: John Wiley & Sons, 1998.   Credit:ivythesis.typepad.com

MARY’S DILEMMA

Critical Thinking and Application Paper 1. Listing of Ethical Issues In a way, tolerating the abuse of alcohol and drug use by doing...

Child Rights : Ethical Case Study

Ethical Case Study     Introduction: Overview of the Case   In the medical arena, it is important that individuals that are involved must have specialization in order to have unparalleled opportunity and capability to address the critical issues that face the world’s current health care system. The role of the nurse as a vital member of the healthcare team through collaborative professional practice must always give priority through caring its patient. The primary goal of being a nurse is to assist individuals in the achievement of an optimal level of wellness. The focus of nursing is on individuals’ specific needs based on their healthcare choices related to physiological, psychological, socio-cultural, developmental and spiritual dimensions of individual lifestyles. Nurses are working to promote health, prevent disease, and help patients cope with illness. However, there are cases when the capabilities and responsibilities needed and called for by the patients are being challenged. In the case provided, the nurse is faced with the challenge of ethical decision making. Herein, the ethical dilemma involves an eleven year old female client who has acute lymphocytic leukemia (ALL). As mentioned, the healthcare provides have considered all avenues of treatment but this is still unsuccessful. The client’s parents have been notified of the “grim prognosis” and have requested that their daughter not be told of the prognosis. Later that evening the nurse is caring for the client and is asked if she will die. The nurse is now stuck in an ethical dilemma of respecting the parent’s rights or respecting the client’s right to know. Primarily, this paper will analyze which decisions to make in the situation of the patient and the parents.  The ethical decision making will consider the use of Situation Assessment Procedure.   Situation Assessment Procedure The professional healthcare providers such as the nurses have the responsibility respect the rights of the patients, specifically their right to know their current situation.  In the case provided, the nurse is being challenged on making decision on whether to tell the true situation of the patient or not. In the Situation Assessment Procedure, there are four steps to be considered:   1. Identify ethical issues and problems      2. Identify and analyze available alternatives             3. Select one alternative    4. Justify the selection. Aforementioned, the ethical issue or problem for this case is about the problem of a nurse, on whether to tell the true condition of the patient in spite of the request of the parents on not telling it. The complexities of this situation lie on the notion that the parents of the patients have requested not to tell the patient. In this case, it is a major problem for the nurse who has been asked by the patients about her true condition. The parents of the child are worried and scared for their child. The parents may think that they should be the ones to tell their daughter that she isn’t going to live. Or they may think she just doesn’t need to know. The parents may be worried that their child will quit fighting or maybe they are just in plain denial about the situation. As the nurse you may overlook the parent’s desire to protect their child and think you are doing what’s best for the child. But maybe telling the child wouldn’t be in their best interest. To be able to decide on this matter, there are some possible alternatives that the nurse may consider. 1.                     Hold on to the request of the parents of not telling the truth to the patient which is under the case of medical paternalism which aims on protecting the patient from emotional and physical harm. 2.                     Talk to the parents and other healthcare providers in the hospital involved about telling it to the child. 3.                     Do not tell the child the true condition but discuss some possibilities of the treatment   The next step is to choose one alternative, in this case, the alternative to be chosen is to talk to the parents about the situation and make them understand that their child has the right to know her true condition and also talk to the healthcare providers involve. In this way, you can be honest of telling the condition of the patient but you don’t have to volunteer information which the patient is not asking to avoid emotional harm. The child obviously wants to know if she is going to die and maybe has prepared herself for that possibility. And of course each nurse will have her own way she thinks it should be handled. Maybe there is a therapeutic way to go about letting the child know instead of just saying yes you are going to die. The child has the right of autonomy (Wear, 2002), the principle of respect for the person, as well as veracity from the medical staff.  In the past veracity for example was viewed as inconvenient, distressing, or even harmful to patients and families. The American Medical Association Code of Ethics in 1847 contained such a message, “The life of a sick person can be shortened not only by the acts, but also by the words or the manner of a physician. It is, therefore, a sacred duty to guard himself carefully in this respect, and to avoid all things that have a tendency to discourage the patient and to depress his spirits. There are various reasons why this alternative was chosen.  One of these reasons is because this alternative enables the parents to understand the importance of telling the truth to their children even how painful it is for them. I feel that as the nurse it is my responsibility to care for this child but at the same time doing no harm to the child. So to me this means being there as a support system but not crossing the line that defines what a parent/family is there to be. And if that means that they do not want me to tell her, I wouldn’t tell her. But I would expect them to tell her and help them find the best way possible to do that. Understanding that this may not be the best decision, I would analyze what could happen if that doesn’t work. If for some reason the child gets upset with me for not telling her one way or the other, I would be responsible for her getting upset. Also the parents might not ever tell her and it would leave me in the position to eventually tell her if her family does not. Sometimes this situation would not be the best way to go. I think it depends on each individual family and if the situation is right for that particular family. In the nursing field, there can be seen various ethico-legal principles in which the nurses must consider so as to promote quality care for the patients and provides respect on their autonomy.  In line with the ethico-legal aspects, the chosen alternative should be considered so as to adhere to the rights and interest of the patient to know. The primary role of being a nurse is to protect the interest and rights of the patients. Hence, as a nurse he/she must be able to recognize this right, specifically the right of the child to know.     Reference Wear, S. (2002). “Informed Consent: Patients Autonomy and Clinician Beneficence within Health Care.” Georgetown University Press: Washington, DC.                 Credit:ivythesis.typepad.com

Child Rights : Ethical Case Study

Ethical Case Study Introduction: Overview of the Case In the medical arena, it is important that individuals that are involved ...

Abuse in the Workplace

Introduction Companies in this generation are able to highlight the importance of strong human resources and capitals characterized with productive, motivated and highly satisfied employees. In this regard, the company’s human resource management are trying to consider different approach to hire efficient employees and reviews the issues in workforce and workplace abuse.   Discussions Workplace abuse can result to greater loss of human resources; this can be a decisive blow to the organization because of the tremendous expenses on the recruitment of the people. Previous researches also shows that abuse in the workforce will only become effective if the workers were able to bond and connect as a group for great number of time. Despite of not-so-good traits of each person, they were still able to communicate properly and work well particularly in voicing out their concerns because they are getting used to it. Regardless of the various dilemmas concerning workforce abuse, research studies prove that this is an essential factor of an excellent firm as well as gives positive points.  In terms of abuses in the workforce, there are various laws to which a company must comply with even in its local domain but the complication is multiplied in case of business operations where each country in which the business operates has its own laws (McKinnon, 1979). Every component of the company must adhere to the laws pertinent to its field like disclosure laws for finance or accounting, advertising rules for marketing and HR is no exception where it has to deal with a number of employment related laws like provisions for Equal Employment Opportunity in order to avoid workplace abuse. It is a difficult task for the company to comply with the laws and assure that no legal suit is filed on it. It is important to keep the requirements of the relevant legislations in consideration at the time of framing the policies of the company and of its different units. HR professionals must assure that all the employees are provided for as per the legal requirements otherwise the company might have to incur huge costs while dealing with different legal suits. The HR should take precautions when dealing with labor unions/work councils, terminating or reducing the workforce, claims of discrimination, harassment or victimization and privacy matters (McKinnon, 1979). Basically, there are numerous forms of workplace abuse and this could be a verbal abuse, some type of physical abuse, discrimination, overwork cases, under paid issues, harassment, sexual abuse and others. Actually, sexual abuse and harassments in workplace occurs among girls in the workplace. Sexual harassment has been recognized by court as a legal cause of action that is based on sexual discrimination since 1976 (Crenshaw, 1992). In time, the law regarding this issue had significantly evolved, placing more legal responsibilities on the employers’ part in terms of sexual harassment acts. Due to this development, the claims filed for sexual harassment has increased in number. For the past years the Equal Employment Opportunity Commission (EEOC), who assesses and resolves claims of sexual harassment and determines if the victim has the right to sue, has handled over a thousand various cases of sexual harassment. Commonly, the claims are placed against the conduct of non-supervisors such as colleagues, customers or contractors. However, the majority of the cases where characterized by complaints against employees in the upper management level or the complainant’s immediate supervisor. Moreover, most of these alleged claims and complains were eventually found to be valid. As upper levels in management have the authority to direct the subordinates in ways that could affect them, the increasing number of filed claims on supervisors appear to emphasize the fact that sexual harassment is not solely about sex, but on the abuse of power as well. In the case of filing a complaint for sexual harassment, Title VII of the Civil Rights Act of 1964 is said to be the provision that is violated (Crenshaw, 1992). Under this legislation, discrimination that is based on sex is prohibited. Thus, this federal provision considers the discrimination of an individual based on his terms, compensation, privileges of employment or conditions for the reason of the person’s sex as an unlawful employment act of the employer. Sexual harassment is indeed a common occurrence in the workplace. While there are legal provisions that answer to sexual harassment cases, several difficulties outside the law can still hinder the attainment of a successful sexual harassment claim. Conventional beliefs and attitudes, stereotyped gender and racial roles, successful claim requirements and gender classification and emotions are among the probable difficulties one can encounter in filing sexual harassment complaints (Crenshaw, 1992). As a decision maker, significant concepts of sexual harassment should be taken into consideration so as to comprehend the case fully as well as to provide appropriate judgments. Sexual harassment cases are indeed complex. Although a law is already available to guide these cases, several aspects of society and culture seem to outweigh legal provisions. While laws are easily created and passed, the strongly established norms as well as traditional attitudes and beliefs will always be existent as they are harder to disregard. For as long as inevitable problems are present, filing for sexual harassment lawsuits will always be as complicated and difficult. In accordance to the avoidance of workplace abuse cases, ethics is an important part of every business and unethical practices may tarnish a company’s goodwill in the long run. A code of ethics guides the employees of the company in making their daily decisions (Crenshaw, 1992). Business face conflicts as the society wants it to produce well-paying jobs, but itself is focused on reducing compensation costs and yet enjoy increased productivity; customers ask for low priced goods and services, but companies aim is to maximize profits; society cares for the environment whereas businesses desire to cut the cost associated with regulations. Dealing with these conflicts is what business ethics and its code is all about and these ethical issues are complex within the home country context and global operations proliferates these complexities even more. Therefore, companies need to realize that these problems are real and can be a result of a number of factors like conflict between management priorities and ethical standards, conflict of employees in having to choose between what is ethical and their livelihood among others. HR plays an important role in implementing ethics in a corporation and is directly involved in ethical issues as they are related to employees and HR is all about employees. HR should try its best to assure that programs are designed and implemented by the management that promote corporate ethics, ethics is incorporated in organizational objectives and leadership programs and remain a priority. In terms of international operations of a company, maintaining ethical standards is more complex in the face of a complex web of legal, cultural and social actors. HR has to decide on choosing upon serving one stake holder over the other; the best solution in this respect is to involve all the stake holders while making the policies of the company and forming its strategy by taking their input.   Conclusion In conclusion, there are numerous issues that relate in workplace abuse, this includes issues in recruitment, selection and hiring. Aside from this, the workplace and workplace abuse issues including legal and ethical practices should be handled properly by the HR and the company itself. Fair employment practices in consideration to ethical issue is not just the cost centre of a company but a value able asset whose invaluable contribution is often undermined as it is more than often not measured in quantifiable terms (McKinnon, 1979). But there is no doubt that fair employment practices done by HRs also chooses the competent employees who make the organization operate successfully in different parts of the world and deals with their problems which are a result of cross cultural integration and different economic and legal environments.   References: Crenshaw, Kimberle, Race, Gender, and Sexual Harrasment, 65 S. Cal. L. Rev. 1467, 1474 (1992).   McKinnon, Catharine, “Women’s Work,” in Sexual Harassment of Working Women: A Case of Sex Discrimination, pp. 9-23, (1979).     Credit:ivythesis.typepad.com

Abuse in the Workplace

Introduction Companies in this generation are able to highlight the importance of strong human resources and capitals characterized with...