Preventing and correcting workplace harassment: Guidelines for employers

In recent years, the number of harassment claims filed with the EEOC has declined overall, but this fact masks a frightening reality: though claims involving some types of harassment have declined, claims for other types of harassment—especially nontraditional forms of harassment—have actually increased. Therefore it remains necessary for employers to maintain a current anti-harassment program, which should consist of the following elements: (1) a clear anti-harassment policy; (2) an explicit statement of prohibited behaviors that can be considered harassment; (3) a complaint procedure that encourages employees to come forward with harassment complaints; (4) protections for complainants and witnesses against retaliation; (5) an investigative strategy that protects privacy interests of both the alleged victim and the accused offender and ensures confidentiality to the extent possible; (6) periodic management training and employee awareness programs that continue to communicate the organization's position on this issue; and (7) measures and processes to ensure prompt corrective action to stop ongoing harassment, and appropriate remedial and disciplinary actions for offenders. In this article, we provide best practice recommendations concerning each of these elements.     

Employee attitudes toward whistleblowing: Management and public policy implications

Managers of organizations should be aware of the attitudes of employees concerning whistleblowing. Employee views should affect how employers choose to respond to whistleblowers through the evolving law of wrongful discharge. This article reports on a survey of employee attitudes toward the legal protection of whistleblowers and presents an analysis of the results of that survey. Among the most significant findings of the survey are:

1. Recognition by employees of a hierarchy of proper whistleblowing outlets: internal first, law enforcement agencies second, and news media last.
2. Less employee support for legal protection for whistleblowers who report unethical activities than for those who report illegal conduct.
3. Very strong overall employee support for legal protection of whistleblowers, even among managerial and supervisory employees.
4. A belief among employees that a fear of being fired deters whistleblowing.

These findings have important implications for both management and public policy. Organizations that want to encourage whistleblowing clearly must protect whistleblowers from retaliation, while organizations that do not encourage whistleblowing may want to reconsider that policy. The survey results also have implications in the handling of individual whistleblowers. From a public policy perspective, the survey results provide support for increasing the legal protection of whistleblowers. On the other hand, any such increase in whistleblower protection should considerr the importance of employee loyalty and managerial discretion.     

Retaliation: The form of 21st century employment discrimination

During the past decade, retaliation as a basis for employment discrimination claims has risen dramatically from fourth to second place (behind race), increasing by 46%. By definition, retaliation is the act of an employer, through a manager, inflicting an adverse action (such as discharge, discipline, or demotion) against an employee who has complained of discrimination. Retaliation claims open the possibility of punitive damages, examples of which are given in this article. Drawing 1361 cases from a 21-year database, we report the characteristics of retaliation claims and offer recommendations to prevent and manage such claims.     

Reasonable accommodation under the ADA: What's an employer to do?

As many observers expected when the Americans with Disabilities Act became law, employers have faced numerous court cases regarding the matter of appropriate accommodations for disabled workers under the law. The difficulty is that no consensus has emerged on the various interpretations of that law. Three particular areas of concern and disagreement have emerged, namely, how the accommodation request is made, how to handle reassignments, and whether to permit telecommuting as a substitute to working on premises. Several federal circuit courts have determined that the employer must respond to an employee's request in virtually any form, while others have stated that the employee must be specific in requesting an accommodation for disability. In two circuits, the employee must show some evidence of disability. The case law governing reassignment also varies by circuit, but in general a disabled employee who is being transferred would be given priority over prospective hires for the same position. The work of existing employees is not to be increased as a consequence of the ADA. Finally, telecommuting has thus far not found favor in most courts, but an employer who permits telecommuting for some employees will find it difficult to claim hardship for a worker who seeks to telecommute under the ADA's provisions. The courts have been most supportive of employers who have made a specific, fact-based determination regarding an employee's request for accommodation. By focusing directly on the situation at hand, an employer can document the particulars of an ADA request, regardless of whether the employee is satisfied by the employer's determination.     

Owing loyalty to one's employer

Neither employer expectations of loyalty, nor good treatment of employees by employers, nor employee appreciation of employers, nor the duty of nonmaleficence, nor the intention to be loyal, nor the duty not to act disloyally provide a basis for a moral or ethical duty of employee loyalty. However, in addition to the law, a pledge to be loyal can obligate one to be loyal. But if the specific content of such a pledge is unstated, the conduct required by the pledge may be indefinite. Moreover, the content and implications of loyalty are fluid, varying from context to context. Consequently, there is only a limited basis for the thesis that employees owe loyalty to their employers.Raymond S. Pfeiffer is Professor of Philosophy at Delta College. He holds a Ph.D. from Washington University (Philosophy), is at heart an islander, and works largely in the area of applied philosophy, with recent articles published on collective moral responsibility, corporate personhood, oppression, and interpersonal manipulation.     

Does It Make Sense to Be a Loyal Employee?

Loyalty is a much-discussed topic among business ethicists, but this discussion seems to have issued in very few clear conclusions. This article builds on the existing literature on the subject and attempts to ground a definite conclusion on a limited topic: whether, and under what conditions, it makes sense for an employee to offer loyalty to his employer. The main ways in which loyalty to one’s employer can contribute to human flourishing are that it makes the employee more trustworthy and therefore more valuable as an employee; makes it easier to form authentic relationships in other areas of the employee’s life; expands the employee’s field of interests and gives her or him a richer identity; provides greater motivation for the employee’s work; makes it possible to have a greater unity in the employee’s life; improves the performance of the organization for which the employee works; contributes to the protection of valuable social institutions; and, in so far as many employees share an attitude of loyalty towards the organization which employs them, it becomes possible for this organization to become a true community. Last, but not the least, loyal relationships have an inherent value. The article also reviews the main arguments that have been offered against employee loyalty and concludes that none of them offers a reason why it would be inappropriate in all cases for an employee to be loyal to her or his employer. The force of these arguments depends on the specific attributes of the organization for which the employee works. The main conclusion of the article is that while being a loyal employee involves risk, it has the potential to contribute significantly to the employee’s fulfilment. The main challenge for employees is to identify employers who are worthy of being loyal to.     

Retail employee guardianship behaviour: A phenomenological investigation

Supermarkets suffer significant losses as a consequence of shoplifting. Amongst the existing electronic and manual surveillance measures for retail crime management, the role of employees in preventing or controlling retail crime has not been systematically addressed within the extant literature. This paper contributes to addressing this gap by examining how employers’ corporate social responsibility (CSR) involvement influences employee proclivity towards guardianship behaviour in shoplifting prevention. A phenomenological approach is adopted comprising semi-structured interviews of twenty-nine shop-floor employees of two national supermarket chains within a cosmopolitan city of New Zealand. Findings strongly support the suggestion that employee perceptions of employer internal and external CSR may shape their feelings of organisational attachment, resulting in employee guardianship behaviour that manifests in in-store shoplifting prevention. Further, from a societal perspective, this study suggests that a reduction in retail crime contributes towards positive relationships among key stakeholders such as supermarkets, their employees, and society at large based on the social, environmental, and employee welfare practices of supermarkets.     

Der Flexibilitätsbeitrag in der Arbeitslosenversicherung

The controversy around fixed-term contracts centres around the conflict between the employer’s need for flexibility and the employee’s need for security. The authors propose flexible contributions for employers to the public unemployment insurance system to balance both interests. The employers’ contributions for their temporary staff would increase while the contributions for their permanent staff would in turn decrease slightly. The authors calculate four versions. With regards to the total sum of contributions, the first version holds the contributions received constant while the second version leads to a reduction. They then repeat these two calculations for fixed-term contracts without substantive grounds. The flexibility premium takes into account the higher unemployment risk of employees with fixed-term contracts and establishes monetary incentives for employers to hire employees with permanent contracts.     

Is success hereditary? Evidence on the performance of spawned ventures

A common phenomenon in entrepreneurship is that employees turn away from employment to found their own businesses. Prior literature discusses the former employers’ characteristics that influence the creation of entrepreneurial ventures. An investigation of whether these characteristics also affect the success of the spawned ventures is missing so far. This paper contributes to the literature by showing that entrepreneurial ventures spawned by well performing firms are financially more successful than ventures stemming from poorly performing firms. This suggests that spawned entrepreneurs are able to exploit valuable knowledge from their previous employers which impacts their ventures’ performance positively. The analysis is based on a linked employee–employer data set for the Netherlands for the period 1999–2004.     

Exemption under the Fair Labor Standards Act: The cost of misclassifying employees

The Fair Labor Standards Act of 1938 created two classes of employees—those who are paid for each hour of their labor and those who are given a salary due to the administrative, professional, or executive nature of their responsibilities. The FLSA created exemptions from the hourly wage laws for executive and administrative employees who are paid a salary. Therefore, employers must classify each employee correctly or risk substantial damage payments for lost overtime hours. The law contains a two-fold test for exempting positions from the law's overtime provisions. The first prong of the test is that the position pays a regular salary that essentially does not vary according to either the quality or quantity of work performed. The second prong involves the position's primary duties as being executive or administrative. (The article does not discuss the professional exemption.) The executive-duties test is that the position directs the equivalent of two or more full-time employees in managing a recognized department or subdivision of an enterprise. To meet the administrative test, the position's primary duty must involve the exercise of discretion or independent judgment relating to management policies or conduct of the business.     

Corporate Social Responsibility,Product Differentiation Strategy and Export Performance

This article examines why an organization might wish to manage workplace romance, and describes a number of alternative approaches to managing dating. At first sight the ethics of dating bans balances the need to protect female employees from harassment against employee rights to privacy and freedom of association – a rights versus rights issue. However, dating bans seem not to be directed at protecting female employees from harm, but rather protect employers from sexual harassment liability claims – an employer self-interest versus employee rights issue. This article advocates a consequentialist approach to the problem, via the factoring in of other harms caused by prohibiting workplace romance. Given that most workplace romances end up in marriage or long-term partnerships, a ban on workplace romance is argued to be antisocial. The incidence of sexual harassment is very low in comparison to the number of long-term relationships initiated in the workplace. This article concludes by citing examples of firms that encourage romance, showing that is feasible to manage any resulting problems within these firms’ existing conflict of interest and sexual harassment rules.     

Management and Legal Issues Regarding Electronic Surveillance of Employees in the Workplace

Since the attack on the World Trade Center in New York, and on the Pentagon in the United States, concerns over security issues have been at an all-time high in this country. Both state and federal governments continue to discuss legislation on these issues amid much controversy. One key concern of both employers and employees is the extent that employers, espousing a “need to know” mentality, continue to expand their capability and implementation of surveillance of employees in the workplace. With the technology typically growing faster than the speed of legislation, protective or permissive, the management and legal issues involved in electronic monitoring of employee communications in the workplace, are and well should be on the agenda for discussion of every management and legal team in American business today. Companies have a legitimate right to protect their trade secrets from disclosure by disgruntled employees. Similarly, companies also have a duty to protect their good names and reputations from unauthorized employee communications with outside parties, and even other employees, that may damage them. It is also a prime duty of management to ensure, in their direction of their workforces, that the employees execute their responsibilities by working full time on their stated objectives. In this regard, any management that fails to oversee its workforce to ensure that employees are not expending valuable company time, for which they are being compensated, on personal business, including unauthorized communications, is remiss in its responsibilities to its shareholders. The company may see a reduction of the price of its shares in the marketplace if it does not protect the economic interests of its shareholders.     

How do Chinese employees react to psychological contract violation?

Psychological contract violation (PCV) is employee negative emotions aroused by employers not delivering their promises. Past studies have used Social Exchange Theory to explain the effects of PCV on employee responses specified in the EVLN (i.e., Exit, Voice, Loyalty and Neglect) model. The present study argues that Activation Theory may also be applied to explain employee responses to PCV for Chinese employees due to the specific role of emotions in Chinese culture. Both theories receive some supports in a Chinese employee sample (n = 439). Results and implications are discussed.     

Non-compete agreements: How fiduciary duty and covenants not to compete restrict managers’ mobility

Companies spend time and money training employees; in the case of a merger or acquisition, they spend resources such as cash, stock, and debt. It makes sense, then, that they do not want an employee to take the expertise the company underwrote to a competitor. Thus, employment contracts will often include non-compete clauses—sometimes known as covenants not to compete—which state that the employee cannot move to a competitor for a certain period of time. Though not all employees have the heightened fiduciary duty of board members and officers, they frequently have signed agreements that, at least on paper, restrict their employment mobility. Not only have officers and board members often signed such agreements as well, but they also have fiduciary duties further restricting their new employment plans. In decades of teaching courses in the legal environment of business as well as in business ethics, no topic flummoxes students more than this one. After all, in a free country, a person should be able to work where they wish, right? How can such restrictions be fair? Legally and ethically, this is a complicated area and one in which the old lawyer’s answer—it depends—is true. This article provides some parameters for employees and employers to know when fiduciary duty precludes certain employees from moving to a new company, including when those are legal in what ways they are fair.     

The returns to training in Russia: a difference‐in‐differences analysis

The experience of developed countries – particularly member‐states of the OECD – has shown that employers are actively investing in developing the human capital of their employees. According to research conducted by the World Bank, more than half of the companies in developed countries provide their employees with training in one form or another. There is, however, reason to believe that the situation is quite different in Russia. Some studies have shown that the level of investment in training in Russia is much lower. This difference can be explained by the fact that employers do not see the point in such investment because it is much easier to lure employees with the required qualifications than to train their own staff. Moreover, Russia faces a problem with high employee mobility, meaning that companies are not sure that they will get a return on their investment. Given these circumstances, the present study examines whether investments in human capital in Russia are profitable. It investigates the wage return to job‐related training using a difference‐in‐differences estimator to control for unmeasured differences in ability and measured differences in past wages as a proxy for ability and motivation. Estimates use panel data from The Russia Longitudinal Monitoring Survey – Higher School of Economics from 2004 to 2011. As predicted, positive returns to training are identified and the returns increase absolutely with the level of past wages.     

How Employees’ Perceptions of CSR Increase Employee Creativity: Mediating Mechanisms of Compassion at Work and Intrinsic Motivation

This study aims to examine how service employees’ perceptions of corporate social responsibility (CSR) affect their creativity at work and its mediated link through compassion at work and their intrinsic motivation. Working with a sample of 250 hotel employees in South Korea, structural equation modeling is employed to test research hypotheses. The results of this research suggest that employees’ perceptions of CSR are positively related to employee creativity. Second, compassion at work mediated the positive relationship between employees’ perceptions of CSR and creativity. Third, employees’ intrinsic motivation also mediated the positive relationship between employees’ perceptions of CSR and employee creativity. Finally, the relationship between employees’ perceptions of CSR and employee creativity is sequentially and fully mediated by compassion at work and their intrinsic motivation. The theoretical and managerial implications of the results and limitations of the study are discussed, and future research directions are suggested.     

Mobility and loyalty in labour relations: an Israeli case

Employee mobility is a phenomenon that challenges workplace ethics. This paper argues that despite on-going attempts by management and consultants to build and install employee loyalty, and despite the complexity of relationships between employees and their organization, employee mobility remains a common phenomenon in today's market. Courts, at least Israeli courts, perceive the employee–employer relationship as almost purely contractual and thus strive to protect workers first, often ignoring deeper commitments such as loyalty. This results in a certain dissonance in the relationships between employees and employers.     

Enhancing Employee Voice: Are Voluntary Employer–Employee Partnerships Enough?

One of the essential ethical issues in the employment relationship is the loss of employee voice. Many of the ways employees have previously exercised voice in the employment relationship have been rendered less effective by (1) the changing nature of work, (2) employer preferences for flexibility that often work to the disadvantage of employees, and (3) changes in public policy and institutional systems that have failed to protect workers. We will begin with a discussion of how work has changed in the last 20 years in countries like Australia and the United States, and then take up the issue of employees as organizational stakeholders and the ethical duties that are owed them, with special attention given to issues of power. We will then consider whether voluntary action by employers such as social auditing is sufficient to ensure equity for employees, and conclude with a discussion of how changes in public policy might ensure greater fairness in the employment relationship by bringing employers and employees together in partnership.     

The effect of the USA Patriot Act on workplace privacy

Legal protections for employees against surveillance exist, but so, too, do lawful provisions for employers and government agencies to monitor employees' workplace activities—especially in the aftermath of 9/11 and passage of the USA Patriot Act.     

Enforcing and re-enforcing trust: Employers,managers and upper-white-collar employees in Finnish manufacturing companies, 1920–1980

In this article employee–employer relations with respect to upper-white-collar employees in Finnish large-scale companies are investigated. The period is from the 1920s to the 1980s. The article shows that the employee–employer relations were during the whole period based on mutual trust. In spite of significant transformations in the labour market practices and in interest formulation and unionisation among these employees, it was in the interests of both parties to maintain these trustful relations. However, the tools with which to maintain such relations changed and adapted. The process was not easy, and was marked by elements of conflict and tension. The elements of trust had to be actively strengthened and rebuilt, especially in the 1960s and 1970s. But as the post-war economic and societal model was marked by a striving for consensus and the smoothing out of conflicts in order to promote industrialisation and growth, the institutional model also supported the maintaining of mutual trust and loyalty between the employees and the employers.