Legal and Constitutional Protections for Employees’ Rights and Speech in the Workplace

Which of the following statements best illustrates the view of “utilitarianism”?

• From each according to his abilities, to each according to his needs.

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• The risk reasonably to be perceived defines the duty to be obeyed and risks imports relation; it is risk to another or to others within the range of apprehension
• An action is right when maximizing welfare and total well-being individuals should pursue his or her own self-interest, even at the expense of others.
• The best example of a source for virtue ethics for a business is newspapers articles about the corporation. he corporate mission statement. the documentation in human resources justifying the hiring of new staff. the resumes of the members of the board of directors and the officers.

Which of the following statements is INCORRECT regarding the rights of shareholders?

• voting power on major issues and ownership in a portion of the company
• right to transfer ownership and dividend entitlement
• hire and fire management and select and appoint a chief executive

The Ethic of Care

• A set of rules that explain how to prioritize those people affected by a decision so that a utilitarian analysis can be done successfully.
• A set of universal principles, which applied evenly to all decisions will result in fairness and equity in ethical decisions.
• The idea that we should all make decisions under the assumption that we don’t know our station in life, that we could be the person most negatively impacted by the decision.
• A set of principles that encourage decision makers to look at human relationships as a primary motivator for a decision.

Under the legal doctrine of “employment at will” an employee can be lawfully terminated from her job for:

• wearing a shirt that clashes with her suit
• any non-discriminatory reason

Exceptions to the rule of employment-at-will include which of the following?

• organization of unions
• passage of Sarbanes Oxley Act
• raising of public policy issues
• promise of implied-contract or covenant-of-good-faith

The Constitution does not always protect free-speech rights for what public employees say on the job. Which of the following is true?

• Public employees may speak out on matters of public concern and have First Amendment protection but not when they speak out in the course of their official duties.

To determine whether a public employee receives First Amendment protection from speech (and therefore cannot be fired for it), the Supreme Court has stated that all of the following are important except:

• The employer must have a justification for treating the employee differently than it would treat a member of the general public.
• The speech cannot be about political topics.
• The speech must be about something of great public concern.
• The speech cannot be made as part of the employment (such as an internal memorandum).

The Sarbanes Oxley Act was passed in response to:

• concerns that investors received full and complete information about potential corporate fraud
• a lack of investor confidence

According to the article excerpted in the text entitled, The Functions of Privacy, by Alan Westin, privacy has several functions in today’s society. These include:

• Total freedom in the private life with no consequences to the work life.
• The ability to express dissatisfaction without risk of exposure.
• The ability to be post critical information on the Internet without consequences at work.
• The ability to spend time quietly analyzing the actions and reactions of other people.

One reason employers use to justify giving honesty or integrity tests is:

• History shows that employees that tell even a small lie on those tests are extremely likely to steal from the business.
• Most employers use the test to calculate complex personality matches between employees when placing them on groups or teams in the business.
• Employee theft is a tremendous expense each year and employers believe that these tests will remove the largest potential offenders.
• Employers want something in the file they can try to use later to fire someone if it things don’t work out.

In considering the legality of employer interception of employee e-mails at work, pick the correct statement

• No expectation of privacy exists over an employer-owned computer system at work.

A majority of states have enacted "lifestyle rights laws" that protect workers' off-duty activities including cases of smoking, cohabitation, drinking. nd single parenthood. What is the least effective argument by an employer to regulate off-the-clock activities in a state that has not enacted such lifestyle rights legislation?

• It will provide a healthy work force.
• Unregulated employees are less productive.
• There is no invasion of privacy since the employee is “at will”
• To prevent higher health care and insurance costs.

The United States Constitution, Fourth Amendment provides "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated... Privacy rights are triggered under the Fourth Amendment: when the government is the primary actor.

Employment practices without business justification applied to all employees that result in a less favorable effect for one group than for another group may state a claim for: disparate impact A mayor serving in a major metropolitan area receives an internal memorandum indicating personnel at many police stations are single-race. At the time of the report, thirty percent of the police force was black or Hipic.

She immediately calls a press conference and orders transfer of police officers to achieve racial balance across the city. The transferred police offers sue on constitutional grounds. Assuming just these facts, what is the strongest argument that might be advanced by the transferred officers based on constitutional grounds?  Executive action by the mayor is unconstitutional because there was no rational relationship to a valid governmental purpose. The action is “void for vagueness” since transferred police officers must unnecessarily guess at the underlying public policy of the transfer process.

The mayor’s policy used race as the basis for transfers, and assignments are subject to strict scrutiny. The transfer can be set aside based on intermediate or heightened level of scrutiny.

John Smith was assaulted on the loading dock by a coworker, Jim Jones, at the Acme Widget Company. The attack was unprovoked by Smith. After the physical assault, there was an angry verbal exchange between the parties. The incident ended when Jones yelled that Smith was a “sissy” and “everybody knows you're queer as a three dollar bill. Which of the following statements best describes the outcome of the harassment lawsuit filed by Smith under The Civil Right Act of 1964?

• Sex discrimination is prohibited by federal law (The Civil Right Act of 1964).
• Sexual orientation discrimination is prohibited by federal law (The Civil Right Act of 1964).
• Suits based on harassment due to sexual orientation cannot prevail when based on local or state laws.

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