The challenge of responsibilities: Confronting the revolution in workplace rights in modern organizations

The contemporary world of work is experiencing a revolution in workplace rights thinking and practices. Included among factors related to this are professionalization and technocracy, management orthodoxy, corrupt organizational structures, the moral ineptitude of business education, the increasing size of the working population, worker mobility, worker diversity and the variegated cultural milieu, the growth of highly paid and very powerful workers, favorable solons, and supportive justices. Demands for protection and respect of rights are expressed in a variety of ways ranging from the statutory or economic to the ethical or psychological. Because of the correlative link between rights and responsibilities, organizational researchers and practitioners should be concerned with identifying various responsibilities implied by various employer and employee rights. Of equal importance is the challenge of examining in detail these responsibilities and how the strategies suggested by them can be used to manage specific employee rights in the contemporary workplace.     

Sexual harassment: Rights and responsibilities

This article briefly reviews the development of a philosophy about sexual harassment at work and legal protection for victims of harassment. It then focuses on the rights and responsibilities of three groups affected by sexual harassment: the target of harassment, the alleged harasser, and the employing organization. A discussion follows regarding the current status of the rights and responsibilities of the relevant parties as well as opportunities for abuse of rights and abnegation of responsibilities.     

A stakeholder perspective of employee responsibilities and rights

This article offers a perspective that serves as an alternative to dealing with workplace issues within the framework of managerial capitalism. In accomplishing this, the article questions managerial capitalism by drawing from some of the same arguments used to justify it—such as those based on corporate morality, the law, notions of bureaucracy, and social construction of reality. Introducing and applying a strategy of inquiry known as deconstruction helps fulfill the underlying analysis. The result is an articulation of a stakeholder perspective of employee responsibilities and rights. This is an extended version of an Invited/Guest Paper presented to the Study Group on Employee Rights and Industrial Justice of the International Industrial Relations Research Association, at the 43rd IRRA Annual Meeting, Washington, D.C., December 27, 1990.     

Review of no-fault absenteeism cases taken to arbitration, 1980–1989: A rights and responsibilities analysis

No-fault absenteeism control programs represent an emerging counterpoint to traditional misconduct-based approaches. By altering the policies governing absence in the work place, the rights and responsibilities of both the employee and employer may be modified. This article examines the arbitral standards applied in the disposition of grievances arising under no-fault absenteeism plans. Arbitration cases from 1980 to 1989 are analyzed; a taxonomic structure for reviewing arbitrator rulings on the unilateral imposition of no-fault programs, as well as discipline and discharge arising under no-fault policies, is developed. While advocates of no-fault plans have asserted that arbitrators will embrace these plans, the results of this analysis indicate that arbitrators will infuse standard elements of reasonableness and just cause into no-fault policy. Trends in arbitral standards in absence cases, policy-making strategies for managements and unions, as well as implications for the rights and responsibilities of employees and employers are outlined.     

Employer Penalties for Failure to Provide Individual Employee Notification Under the Family and Medical Leave Act: “Clarifications” Following Ragsdale v. Wolverine Worldwide, Inc.

This article examines the Supreme Court's ruling in Ragsdale v. Wolverine Worldwide, Inc. (2002) and considers its implications for employer and employee rights and responsibilities relative to implementing the FMLA policies. We provide an overview of the pre-decision regulatory environment including the general leave provisions of the FMLA and DOL's regulations requiring employer notification of leave designated as FMLA leave. We also identify those provisions that the decision did not alter and provide a broader consideration of the issues and implication of this decision for employers and employees.     

Employee and management rights and responsibilities under the Americans with Disabilities Act (ADA): An overview

The Americans With Disabilities Act (ADA) significantly expands the rights of disabled individuals in their access to employment opportunities, services, telecommunications, public accommodations, and transportation. This article provides an overview of the ADA with a particular emphasis on employment issues under Title I of the Act affecting the rights and responsibilities of disabled employees and employers. Permitted and prohibited actions by employers are discussed, as well as factors used to determine the definition and application of key terms under the Act. Some potential impacts of the ADA on the interests of disabled individuals and employers are discussed. Recommendations for effective management policies to comply with the employment provisions of the ADA are also included.     

The equal pay act: Responsibilities and rights

The Equal Pay Act of 1963 (EPA) requires that men and women receive equal pay for equal work. Plaintiffs who claim discrimination on the basis of the EPA may settle out of court, or may bring legal action in the courts. Employers possess specific rights under the law, and can defend themselves against charges of discrimination through a number of “employer defenses.” These defenses involve providing that pay differences are based on seniority systems, merit systems, production systems, or “any other factor other than sex.” This article will also discuss the impact of court decisions that have further honed the responsibilities and rights of both employees and employers under the EPA.     

Labor education as a method of enhancing employee rights and responsibilities

University-based labor education programs conduct classes designed to provide union members with the skills necessary to perform their organizational and civic responsibilities and to provide union members with opportunities for personal growth and development. In conducting these programs, university labor educators enhance the protection of employee rights and the fulfillment of employee responsibilities. This article describes the manner in which labor education enhances collective and individual rights and responsibilities within unions, vis-à-vis employers and within the larger society.     

Conceptions of employee responsibilities and rights in the United States and the People's Republic of China

Workplace responsibilities and rights tend to be defined in ways that imply their universal applicability in various cultural contexts. Based on comparisons of the United States and the People's Republic of China, this article investigates the influence of differing cultural characteristics on conceptions of responsibilities and rights. The basic assumptions underlying the conceptions of employee (and employer) responsibilities and rights in the two countries are examined. Evidence drawn from relevant bodies of literature and a close examination of many social or organizational incidents suggest that the concepts of employee (and employer) rights and responsibilities are culture-relative. Based on the findings, the article further offers a set of theoretical propositions, and discusses implications for future comparative research on employee responsibilities and rights.     

Temporary workers: Employee rights and employer responsibilities

As the number of temporary workers in the U.S. has increased dramatically over the past ten years, so, too, has social policy concent over the rights of temporary employees in the workplace and the responsibilities of employing organizations to them. This article first reviews the extent to which temporary workers can be considered “employees” of organizations and thereby be extended the same rights and protections as permanent, full-time employees. Then, the article reviews the current state of case law on the most salient legal issues pertaining to the treatment of temporary workers: discrimination, pay and fringe benefits, worker’s compensation, occupational safety and health, and union activity. The article concludes with the managerial implications of current labor law for compliance with legislative and judicial mandates.     

Employee Rights, Employee Responsibilities and Knowledge Sharing in Intelligent Organization

Much is currently being written about the need to encourage employees to share knowledge in order for companies to maintain a role as an intelligent organization in a technologically sophisticated environment. However, there is little written of the relationship between employee rights to satisfactory employment conditions, employee responsibilities in decision-making, and employee willingness to share their knowledge collaboratively. This paper seeks to redress this gap by discussing the importance of the relationship between employee rights and responsibilities and employee willingness to share knowledge. The reaction of a group of employees (academics) employed in an Intelligent Organization (university) to a reduction in their rights and responsibilities is discussed in order to design a framework of employee rights and responsibilities required for knowledge sharing in intelligent organizations.     

Individual rights and organizational theory

Rights are very important concepts in everyday life. And they are especially important to participants in organizations. Yet, our theories of organization and management have largely ignored rights — stressing, instead, other concepts, such as goals, roles, etc. This article describes the historical significance of rights and their relevance in understanding social behavior. The advantages of a right-based organizational theory (versus traditional goal-based theories) are discussed.This article draws on the author's forthcoming book,A Social-Contract Theory of Organizations (University of Notre Dame Press, 1988).     

Towards an assertion perspective for empowerment: Blending employee rights and labor process theories

Employee Rights Theory (ERT) and Labor Process Theory (LPT) are two major bodies of knowledge in contemporary social science committed to empowering employees in the workplace. Despite their seemingly common goals, the two have emerged almost independently of each other. The current article compares and contrasts these perspectives and suggests that empowerment can be better understood and fostered by drawing on ERT and LPT simultaneously. Specifically, a synergistic view suggests that empowerment occurs when individuals are willing and able to assert their interests and rights in a given situation. This assertion perspective to empowerment emphasizes the interaction of micro- and macro-level processes, a combination of conflict and cooperative strategies, use of the rights rhetoric to incite action, and the role of emotions in stimulating and/or preventing change.     

An essay on organizational citizenship behavior

This article advocates a more comprehensive understanding of job performance and organizational citizenship behavior (OCB) than that employed by earlier researchers on those topics. Using the intellectual heritage of the word citizenship from political philosophy and related disciplines, OCB is positioned as the organizational equivalent of citizen responsibilities, of which there are three categories: obedience, loyalty, and political participation. Two other key citizenship concepts, relational ties and citizen rights, are described, and a set of ten research propositions is offered relating the citizenship concepts to one another. Suggestions for other areas of investigation are also provided. Finally, the advantages of using OCB as a global measure of individual behavior at work are defended.     

Privacy and Personnel Selection: Reciprocal Rights and Responsibilities

Previous models of invasion of privacy in selection have stressed applicant rights to the exclusion of applicant responsibilities, and have slighted organizational incumbents' needs to acquire accurate knowledge about prospective co-workers. To correct this imbalance, a reciprocal model, enumerating and justifying possible rights and responsibilities of applicants, organizational management, and organizational incumbents, is postulated. This normative model is contrasted with the current mistrust that characterizes many selection interactions. Propositions suggesting ways of gaining the information that organizations require, while still respecting the privacy needs of applicants, are advanced. Tentative suggestions for how human resource professionals could initiate these positive changes are suggested as well.     

Citizenship and industrial relations

Under the Victorian ideal of laissez-faire, industrial relations are conducted unilaterally by employers unimpeded by employees' rights of citizenship. The four facets of citizenship—civil, political, industrial, and social—impinge in a variety of ways on the employment relationship. Civil citizenship, by barring discrimination on account of race or sex, interferes with maintenance of segregated pools of cheap secondary labor. Political citizenship enfranchises propertyless workers and alters the enactments of legislatures. Industrial citizenship creates the institutional basis for collective bargaining. Social citizenship confers economic benefits and protective regulations not driven directly by market forces. Political ascendancy of laissez-faire advocates undermines rights of citizenship and has a retrograde effect on industrial relations.This article is a revised version of a paper presented at the First Industrial Relations Congress of the Americans in Quebec City to the Study Group on Industrial Relations as a Field and Industrial Relations Theory on August 27, 1988. I thank Jack Barbash for the opportunity to present it there.     

Community-engaged philanthropy: The role of the fundraiser in building equitable communities

In recent years, fundraisers have become increasingly focused on major gift solicitation while donors have been making larger gifts to fewer organizations. As this trend continues, some have begun to question whether major organizations and/or wealthy individuals now have too much control over the work of nonprofits and the communities they serve. While it is true that major gifts are important and can made a noticeable, positive impact, in some cases community members might see their impact as intrusive. In situations such as this, what is the “best” course of action? How should fundraisers consider, balance, and address the perspectives and rights of their organization, donors, and community members? This paper creates a framework for fundraisers as they consider not only their responsibilities to their organization and constituents, but also their responsibilities for promoting equity within their community as a whole. This paper draws on the social-ecological model, as well as concepts from intersectionality, to explore how fundraisers can increase involvement from all community members in a nonprofit's work to create a participatory and community-engaged process, with a special focus on including those who are typically marginalized, rather than maintaining a hierarchical system of power. It also draws on the theories of rights-balanced fundraising ethics, community-centric fundraising, and other ethical frameworks of fundraising and public administration to compare what is being done by fundraisers to what should be done to encourage ethical practices in fundraising. The paper is supplemented by examples of the impact of implementing (or not implementing) community engagement in fundraising practices. This paper aims to create a community-engaged philanthropy framework for fundraisers as they consider not only their responsibilities to their organization and donors, but also their responsibilities for promoting equitable distributions of power within their community. This framework provides specific guidance for fundraisers as to how they can balance these multiple (and sometimes competing) responsibilities while also keeping ethics at the forefront of their actions. It demonstrates how, by taking a community-engaged approach to their work, fundraisers are able to bring about better long-term outcomes for their organization. Specifically, the framework considers: (1) To whom are fundraisers most responsible, and to whom should fundraisers be most responsible—their nonprofit, their donors, or those being served? (2) For what rights of community members must the fundraiser account when soliciting funds, and to what extent is the fundraiser responsible for upholding these rights? (3) In what ways can an invitation from a fundraiser to make a gift also invite some level of power or control over the organization's work? (4) To what extent do fundraisers have the responsibility to maintain an equitable power balance among their constituents, including donors and those served? (5) How can fundraisers help ensure that all community members are able to participate in the organization's work to extent that they are willing and able?     

The practical view of employee rights

Advocates of employee rights, relying upon moral and legal perspectives, have used moral appeals and the threat of legal sanctions to persuade managers to act responsibly. Drawing on a behavioral perspective and analyzing interviews and literature about employee complaints, this paper develops the practical view. This view emphasizes employees' perceptions of their rights, as represented by eight broad categories of asserted rights, and the subtle costs that employees can impose when their standards of proper treatment are violated. While important differences between the behavioral, legal, and moral perspectives are identified, a general standards-setting framework is presented that indicates the complementarity of the three perspectives and the advantages of a multidisciplinary combination.     

An alternative employee rights paradigm: Labor process theory

A dialectical relationship exists between the capitalist desire for accumulation of wealth and profits, and the rights of employees. Labor process theory exposes facets of the fundamental incongruity between the interests of employers and workers in a capitalist political economy. An analysis of employee rights through the labor process framework facilitates the potential for human emancipation by illuminating the ideological, political, and economic sources of domination and repression that are embedded in the capitalist system. In this article, three core elements of labor process theory—the social relations of production, the managerial control imperative, and the restructuring of work—are used to highlight ways in which organizations maintain their hegemonic position. This exposé offers the basis for an alternative paradigmatic view of the employment relationship and informs our thinking of how employee rights are impacted, and often tempered, in work organizations. Portions of this article were presented by both authors at the 12th Annual International Labour Process Conference March, 1994 in Birmingham, England.     

Employee rights and capital mobility

In this article I analyze the impact that capital mobility has on employee rights in the workplace by studying the effects of the relocation of General Motor’s Corvette plant from St. Louis to Bowling Green, Kentucky. This relocation not only afforded GM an opportunity to increase its control over its hourly work force, but it also set in motion a process in which the rights’ claims of management and workers were redefined. Through a number of planned and unplanned mechanisms, management invaded spaces created by workers, and, as a result, workers’ ability to pursue their interests was diminished. In the concluding section, I discuss the implications of this for research on employee rights and for combining the concern for rights with labor process theory.