Violations of Service Fairness and Legal Ramifications: The Case of the Managed Care Industry

Adapted from Chan's (2000) model depicting success of litigation, this paper argues that with the application of various legislation, health maintenance organizations' (HMOs') violations of service fairness to each group: enrollees, physicians, and hospitals give rise to each group's lawsuits against the HMOs. Various authors (Bowen et al., 1999; Seiders and Berry, 1998) indicate that justice concepts such as distributive, procedural, and interactional justice can be applied to the area of service fairness. The violation of these underlying justice principles with HMOs' service unfairness to enrollees, physicians, and hospitals is examined. A general synopsis of the ethical issues in the managed care industry is provided. The various lawsuits launched by each group: enrollees, physicians, and hospitals together with the key statutes used are discussed. This paper also highlights the provisions and ramifications of the 11 April 2000 landmark agreement that Aetna made with Texas Attorney General John Cornyn to settle the 1998 lawsuit brought against the company. Lastly, the current ethical issues in the managed care industry are further discussed. The value of this paper can be adapted to the study of organizations' service fairness violations in other industries or in the educational, governmental, and not-for-profit sectors both nationally and internationally.     

保障措施争端中的焦点问题及其启示

WTO的《保障措施协定》提供了对成员方内部产业安全的保护手段,也因此引起了保障措施争端。保障措施争端中的焦点集中在事实性争议和程序性争议两方面,争议的两个方面都是值得我们注意的。     

企业处理顾客、供销商、同业者关系的战略观点

为了可持续发展,忠诚的顾客关系建立在企业集中战略资源满足顾客合理需求的基础上,是具有真实性、价值性和持久性的营销。稳定的供销关系,对于企业保证产品和服务质量、降低原材料采购和市场拓展成本、降低市场风险具有重要意义,是互惠互利、休戚与共的关系。而基于公平合作同业者关系,可以使企业与同业者分享技能、信息、技术和市场机会,分担成本。     

Canadian and American Reactions to Drug and Alcohol Testing Programs in the Workplace

We investigated U.S. and Canadian reactions to workplace drug and alcohol testing programs. Canadian truck drivers (n = 183) deemed drug and alcohol testing policies less fair, and were less accepting of these policies, than their American counterparts (n = 153). We also compared the perspectives of recipients versus third-party observers with regard to their reactions to a drug testing program. Unlike the pattern observed among American observers, the responses by Canadian observers were highly similar to those of the recipients. Canadian observers were more inclined to file a formal protest regarding the implementation of a drug and alcohol testing program than were U.S. observers. The results also showed that procedural and interactional justice principles contributed to the program's fairness, acceptance, and lower levels of protest intentions in both Canada and the United States. We propose that scholars and practitioners can gain a better understanding of multinational reactions to drug and alcohol testing by considering not only cultural but also historical, social, political, and other environmental factors that can shape reactions to personnel practices.     

Relationships among pay inequity,perceptions of procedural justice,and organizational citizenship

This study explored relationships between employee dissatisfaction with pay, perceptions of procedural justice, and organizational citizenship behavior. It was hypothesized that pay inequity would be negatively related to citizenship, while favorable perceptions of procedural and interpersonal justice would be positively related. Results provided strong support for the hypotheses only with regard to a dimension of citizenship labeled “compliance.” Implications for employee behavior in the workplace and the expression of grievances are discussed; future research directions are also offered.     

差异化人才管理对员工创新绩效的“双刃剑”效应

基于调节焦点理论和公平启发理论,运用结构方程模型考量差异化人才管理对员工创新绩效的影响机制。结果显示：促进定向工作重塑在差异化人才管理与员工创新绩效之间起正向中介作用,防御定向工作重塑在二者间起负向中介作用;组织公平感正向调节差异化人才管理与促进定向工作重塑之间的关系,负向调节差异化人才管理与防御定向工作重塑之间的关系;组织公平感增强促进定向工作重塑的正向中介作用,削弱防御定向工作重塑的负向中介作用。     

行政许可法打造法治政府

通过对新颁布的《行政许可法》的梳理和分析，认为《行政许可法》在有限政府、程序政府、责任政府等方面建立了许多具有突破意义的制度和新的规定，这些制度的建立和新的规定的实施，必将为我国建立法治化政府，进而建设社会主义的法治化国家，带来深远意义的影响。     

司法公正与构建社会主义和谐社会

构建社会主义和谐社会是中国共产党在新时期的一个重大任务,而司法公正是构建社会主义和谐社会内在的、必然的要求.针对司法实践中存在的诸如司法权力地方化、司法人员的非职业化、审判权与执行权的混合化及司法腐败等问题,笔者提出实现司法公正、建设社会主义和谐社会应打破司法区划与行政区划合一的局面,单独划分司法区;加强司法能力建设;完善司法监督等.     

Law without justice: The dilemmas of formalization and fairness in the legalistic organization

There is growing evidence of a litigation mentality rampant in organizations, which has created a legalistic mindset in many managers. Increasingly, managerial decisions are becoming dominated by a concern for what is legally defensible at the expense of broader social considerations such as justice and fairness. The papers in this special issue explore how this legalistic mindset has created new organizational and social dilemmas, and situations of law whithout justice.     

Deriving benefits from conflict resolution: A macrojustice assessment

Effective conflict resolution procedures serve to minimize dysfunctional effects of conflict and maximize functional effects. In the literature on conflict resolution procedures, the effectiveness of procedures has been evaluated primarily from the perspective of the individual. This article suggests that a system-level analysis of the pattern of outcomes resulting from different conflict resolution procedures is a necessary component in formulating a comprehensive framework for the design and evaluation of conflict resolution systems in organizations. The analytic questions addressed by this study concern associations between resolution procedures and outcome patterns in a system created specifically for conflict resolution within organizations: the grievance system. The pattern of outcomes was found to vary with the conflict resolution procedure. It is suggested that this has important implications for effective conflict resolution systems.