In this question, you are asked to discuss the legal, ethical and business implications of the following topics– please select three and expound on each (see below).
Please include:
Introduction – please provide an introduction to the overall paper in which you describe which of the three topics you will discuss and why they are important to business management.
An analysis of each of the 3 topics selected that includes the following:
A recommendation as to how each selected topic should be handled by a business including ways to avoid issues as well as how to handle it if this issue arises.
You will need to do an in-depth literary search on the topic in order to create a fully-developed response. You will need to include in-text citations and a references list for external references used in supporting your points for this question. You should have no fewer than 7 references for your response to this particular question, 4 of which must be from peer-reviewed sources. Use APA formatting where appropriate.
Respond in 2100-2450 content words, not including title page, abstract, or references, to each question.
Business management is generally involved in organizing, planning, and evaluating business moves necessary for smooth running. In this paper, I will use Discrimination in hiring, sexual harassment, and Social media & employment to discuss the legal, ethical, and business implications they have on business management. Discrimination in hiring, for example, occurs when one job candidate receives unfair treatment because of their disabilities, race, gender, sexual orientation, age, or any other factor of difference (Baert, 2018). Discrimination itself, regardless of the type of Discrimination, is considered unjust, and for generations, human beings have been working towards promoting equality and eradicating all forms of Discrimination. On the other hand, sexual harassment has become rampant over time, with most cases being people using their positions in an organization to harass their juniors sexually. Due to the fear of losing your job because it is usually the victim’s word against the offender’s words, most victims suffer silently without going forward with the information. The last topic I chose to discuss was the issue of technology and employment. In the era of technology, most people, especially the young generation, are glued to their phones and other gadgets browsing the internet and other social media platforms. Although these online platforms can be necessary in marketing and promoting a business, they can also serve as destructions in other cases. People can be drowning in social media and forget to put effort into work, leading to underperformance. The paper will look at these topics separately then give a summary and full conclusion at the end.
The recruitment or hiring process is a critical factor in the overall success of a business. The team that an organization has determines how much success is expected in the organization. The recruitment and selection process follows strict laws about Discrimination. It is not acceptable to judge job applicants by their differences (Rivera, 2012). Only relevant factors like knowledge, experience, and skills should be considered over personal factors like race, religion, and sexual orientation. However, the United States’ hiring process requires the employer to ensure the employee is legible to work in the USA and find out their criminal record. Matters like these necessitate that employers ask for a recommendation letter from previous employees. Understandably, other employees have standards to maintain. For instance, in the USA, most employees are least likely to employ ex-convicts. It is normal for people to lack confidence in ex-felons because you are not sure when the crime instincts may be turned back on, especially for those involved in cases like theft.
Regardless of the findings of an employee on a job applicant, the data protection Act 2018 dictates that the employer does not disclose that information. However, it is totally up to the employer to decide whether they are going to employ a job applicant or not. Although the law protects all individuals against unfair treatment during the recruitment process, hiring ethics are highly likely to go beyond spoiling the employer’s reputation and that of the entire organization (Trevino & Nelson, 2021). For instance, although employee referral practices bring positive outcomes in the recruitment process, sometimes it can become unethical. When a senior employee in an organization refers someone for hiring, they are mostly hired without question regardless of their qualifications. In cases like this, the hired employee stays indebted to the senior employee, which sometimes brings about other issues like sexual harassment at the workplace. In some cases, people pay a fee to the senior employees to secure a spot in the job application, which is unethical and contributes to the underperformance of an organization because unqualified individuals end up employed, leaving the total lot unemployed. But according to the law, the employer has the following duties:
On the other hand, the employees are expected to provide all the occupational requirements demanded by the organization. It is unnecessary for individuals who do not qualify for a post advertised to apply for a job because they are not likely to secure the job. Job applicants who are not recruited because they don’t match up to the requirements should not feel discriminated against. However, employees also have some duties expected from them, including:
Sexual harassment is considered a form of workplace discrimination and violates the civil rights act of 1964, and is therefore considered illegal (Hersch, 2015). The Civil Rights Act protects all Americans against Discrimination in hiring, firing, missing out on promotions, pay raises, and other opportunities due to their sex. Sexual harassment can be broken down to requests for sexual favors at the workplace, unwanted sexual advances, engaging in verbal or physical sexual behaviors that may not sit well with other individuals in the working environment. Both men and women are likely to face sexual harassment at work and can be the same sex in some situations. Actions of sexual harassment are likely to bring a hostile working environment which may, in turn, affect the general performance. At the workplace, a harasser can be anyone in the organization, ranging from co-workers to bosses. It is essential to understand that in some cases, the victims of sexual harassment are not the ones harassed directly but those that see the harassment take place.
The ethical implications of sexual harassment are based on which activities can be condoned at the workplace by both the men and women present (Page & Pina, 2015). For instance, cases like when an employer denies their employee promotion because they did not cooperate with their sexual advances are considered unethical and should not be condoned at all at the workplace. In cases like this, the employee is welcome to present a petition against the perpetrator if they felt qualified for the promotion and felt discriminated against. However, it is essential to observe that different people have different views of what can be considered sexual harassment. It is therefore vital that the victim express makes it clear to the perpetrator that they do not encourage their behaviors and that they feel offended or harassed by them. For instance, men and women have different perspectives of what constitutes harassment.
As observed, the victim and perpetrator of sexual harassment can be anybody within the workplace. However, the employer must ensure no such cases at the workplace and stun action is taken against the perpetrators. They can only accomplish this by setting strict regulations and policies against sexual harassment and provide reporting measures in case of that (Galdi, Maass & Cadinu, 2014). On that note, it is also the victim’s responsibility to report instances of sexual harassment to the right channel to spread awareness. Unfortunately, sometimes the victims fear reporting the matter, especially ladies, for fear that they may lose their jobs. Apart from losing their jobs, most ladies fear putting their lives out there for judgment as other people are likely to conclude that they entertained the actions.
Technology is expected to expand the customer base, increase productivity, make communication easier, maintain competitive advantage and general economic growth (Noe et al., 2017). However, although technology is bound to benefit a business, employees and employers must have some legal considerations at their fingertips for a smooth company running. Employees have a right to some levels of privacy from their employers. Accessing private information of the employees does not give the employer a right to go through an employee’s personal information like messages. Going through an employee’s messages or emails should be accompanied by a justification, or else it is considered illegal. In line with this, using technology is likely to be faced with security breaches that might expose employees’ personal information. Generally, using a person’s information you illegally accessed, like tapping their phone calls without their knowledge, is illegal and unethical.
Technology has raised the scope for unethical practices within the workplace. It is much easier to engage in corrupt practices on the internet, such as downloading inappropriate material that sometimes necessitates monitoring or blocking some websites on the office internet. Technology can violate privacy rights and harm an individual directly or indirectly, financially or physically. It is ethical that an employer keeps his employees aware of the kind of information he can access. Employees should be served with employee privacy notices and ensure they know the expected consequences in case of a breach (Tikkinen-Piri, Rohunen & Markkula, 2018). The employees know all the types of monitoring going on within the organization ranging from CCTV footage to phone call taps. The employer should also provide a social media use policy defining what should be posted and what should not be posted on social media. On top of that, usually using the internet within the workplace should be for work-related matters and never personal reasons. Some posts on social media are likely to cause more harm to an organization than positivity.
After doing my research work on this assignment, I found out and learned that sexual Discrimination may take many forms depending on what the victim perceives as acceptable or unacceptable. Also, it is vital to observe that sexual harassment does not only apply hierarchically. The victim, as well as the perpetrators, can be just anyone at the workplace. Sexual Discrimination, just like hiring, Discrimination, is expected to have adverse negative effects on the organization’s overall performance and paint a picture of the organization to outsiders. Matters of sexual harassment are likely to create a hostile working environment, especially if the employees have their jobs at the mercy of sexual favors. It is unproductive for the business when job promotions, pay raises, and other job advantages that should come out of hard work and commitment are attained by calling in sexual offers. When issues like these get out there, the organization’s image is tainted, which is not good for business. Qualified job applicants are least likely to apply for jobs in organizations that they know they will be hunted sexually. Far from that, due to hiring based on sexual favors, the people who are hired may be less qualified, which means underperformance for the entire organization.
Technology has had a significant impact on employment and business management as a whole. It is highly associated with the efficiency and speediness of work at the workplace and general economic growth. With the advancements in technology, however, job opportunities have been created while others have been lost. Some jobs can be done better by computers, for example, than manual operations. However, artificial intelligence has not entirely been adopted, which means computers will need people to operate them: computer literate people. Therefore, technology can be considered an essential aspect of the business from an employer’s perspective because it makes operations efficient and faster. On top of that, online marketing platforms seem to be taking off and then having marketing and salesmen on the ground.
After writing this research paper I would like to make the following recommendations that may be considered in future research of the topics I chose:
Businesses should focus on their activities’ legal and ethical implications because they play a significant role in the business’s functioning. It is essential that a company operates within the laws put in place by their state of operation, ensure they maintain the ethical code, and most importantly, realize the long-term business goal of making profits. Although legal matters are usually confused with moral issues, they are both essential aspects that should be considered. A topic like Discrimination in hiring has legal, ethical, and business implications to an organization. It is vital that the Equality Act is taken seriously and all forms of Discrimination avoided at the workplace. In line with that, the Equality Act 2010 also protects Americans against sexual harassment, placed under sexual Discrimination. Finally, technology and employment also have legal, ethical, and business implications for an organization. Technology is known to carry several benefits but also comes with a set of disadvantages. Matters of maintaining privacy and confidentiality are essential in maintaining a good employer-employee relationship. The law protects the employee from being manipulated by the employer because they can access their personal information. It becomes unethical when an employer gains access to an employee’s personal information like his messages and emails without seeking permission, and such behavior should be reported.
Baert, S. (2018). Hiring discrimination: An overview of (almost) all correspondence experiments since 2005. Audit studies: Behind the scenes with theory, method, and nuance, 63-77.
Galdi, S., Maass, A., & Cadinu, M. (2014). Objectifying media: Their effect on gender role norms and sexual harassment of women. Psychology of Women Quarterly, 38(3), 398-413.https://www.academia.edu/14525644/Objectifying_Media_Their_Effect_on_Gender_Role_Norms_and_Sexual_Harassment_of_Women
Hersch, J. (2015). Sexual harassment in the workplace. IZA World of Labor.https://wol.iza.org/articles/sexual-harassment-in-workplace/long
Noe, R. A., Hollenbeck, J. R., Gerhart, B., & Wright, P. M. (2017). Human resource management: Gaining a competitive advantage. New York, NY: McGraw-Hill Education.
Page, T. E., & Pina, A. (2015). Moral disengagement as a self-regulatory process in sexual harassment perpetration at work: A preliminary conceptualization. Aggression and violent behavior, 21,73-84. https://www.researchgate.net/publication/271080480_Moral_disengagement_as_a_self-regulatory_process_in_sexual_harassment_perpetration_at_work_A_preliminary_conceptualization
Rivera, L. A. (2012). Hiring as cultural matching: The case of elite professional service firms. American sociological review, 77(6), 999-1022.
Tikkinen-Piri, C., Rohunen, A., & Markkula, J. (2018). EU General Data Protection Regulation: Changes and implications for personal data collecting companies. Computer Law & Security Review, 34(1), 134-
Trevino, L. K., & Nelson, K. A. (2021). Managing business ethics: Straight talk about how to do it right. John Wiley & Sons.
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