BUS 340 – Topic 6 Memorandum

BUS 340 – Topic 6 Memorandum template

BUS 340 – Topic 6 Memorandum

Ethical and Legal Issues in Business (Grand Canyon University)

MEMORANDUM

TO:                 Chief Executive Officer

FROM:           HR Management

DATE:                        4/13/23

SUBJECT:

I.  ISSUES

1. Whether it is legal for the company to provide male and female employees different written tests for purposes of job promotion.
2. Whether it is ethical for the company to provide male and female employees different written tests for purposes of job promotion.

II.  SHORT ANSWER

1. In a business setting we try and keep everything as fair as possible, to give two men and women two different tests would prove to cause more issues then solve regarding a job promotion, employees would have a hard time respecting and following directions from someone who had a leg up on them for the same promotion, not only would this hurt your companies trust and respect for one another but it would also prove to be illegal. In 1964, Title VII was passed in order to stop employee discrimination (U.S. Equal Employment Opportunity Commission, 2023). Title VII of the Civil Rights Act protects employees race, religion, sex and heritage. “Title VII applies to employers with 15 or more employees. The purpose of Title VII’s protections is to “level the playing field” by forcing employers to consider only objective, job-related criteria in making employment decisions (SHRM, 2023).”
2. Examining the thought to allow men or women to take an easier test in order to get a promotion at work would be ethically wrong, unfair, and against everything Title VII stands for. To give two people two different test in any situation when they are competing for the same goal is cheating and would be viewed as such, the purpose of a test is to evaluate someone’s knowledge and experience which destroys any sort of baseline or competition for your applicants since there’s no pride or sense of accomplishment for coming in first. “Psychology and intelligence researchers are unequivocal: men and women do not differ in actual IQ (Academic rigor, 2022).”

III.  ANALYSIS

1. Federal law (does not allow) the company to provide male and female employees different written tests for purposes of job

The proposal to have men and women take different tests to “make it fair” would in fact tip the scales to be unfair well solving virtually nothing, this new thought would also be sexist and infers either men or women are not as smart as the other by giving them an easier test. In the state of Arizona we have the ACRA, put into practice in 1965, which is similar to Title VII which protects everything the Title VII protects (race, color, sex, religion, national origin, etc.) and some such as age (40+), physical disability, mental disability, and even genetic tests. This law was later expanded to the HB 2045 law which includes pregnancy, childbirth, and medical conditions to make it all inclusive to protect everyone no matter the reason you may be discriminated against. Terminations happen a lot in the business world, roughly two million a year, 150,000 of which are thought to be wrongful termination (ACLU, 2018), Arizona legislation A.R.S. § 23-1501 outlines lawful reasons to fire someone as well as how you are protected as a business in a wrongful termination case, this legislation also outlines any way you may have been wrongfully terminated as an employee which you then can seek damages for (The Arizona Legal Center, 2019).

II.             It is (unethical) for the company to provide male and female employees different written tests for purposes of job promotion.

Ethically to treat someone different in any capacity due to their gender is a dangerous game and will upset a majority of your employees, more would feel they deserved a real test knowing that it would be difficult to lead a team of people after you where “favored” (i-Sight, 2019). By using a system that gives people advantages or disadvantages due to their physical make up we regress back to a system that segregates people, by using someone’s gender alone to determine the tests you cause more issues then good and when a form of “cheating” is acknowledged and rewarded within an organization you’ll lose hard working employees that feel they have been wronged out of a job they deserved. By allowing this in a company you open up the large possibility of a lawsuit since you are in direct violation of a Title Act (Title VII) and Arizona law (ACRA) unless you are a start up, 15 or less employees, well still running the risk of having your hard working employees quit to find a job that promotes from within in a better fashion (Steve Biddle, 2021). This looks ethically wrong on paper and when put into practice, anytime you give someone a handicap well striving for the same reward you run the risk of an ethical dilemma even if it is well deserved, by giving them out to a large group of people by one determining factor is wrong when you don’t take into account their age, job, time with the company, IQ, street smarts, and over all life experiences (The Wall Street Journal, 2023).

IV. REFERENCES I.

U.S. Equal Employment Opportunity Commission. (2023). Title VII of the civil rights act of 1964. https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964#

SHRM better workplace; better world. (2023). Title VII of the Civil Rights Act of 1964. https://www.shrm.org/hr-today/public-policy/hr-public-policy- issues/pages/titleviiofthecivilrightsactof1964.aspx

The Arizona Legal Center. (2019). Wrongful termination in Arizona: What should you know? https://arizonalegalcenter.org/wrongful-termination-arizona/

II.

Academic Rigor. (2022. The Conversation. Men think they’re brighter than they are and

women underestimate their IQ. https://theconversation.com/men-think-theyre-brighter-than-they-are- and-women-underestimate-their-iq-why-178645

i-Sight. (2019). How to fire someone ethically: a guide for HR professionals. https://www.i-sight.com/resources/how-to-fire-someone-ethically-a-guide-for-hr- professionals/#:~:text=back%20and%20attack.-,Ethical%20Termination%20Without

%20Cause,explains%20employment%20lawyer%20Phil%20White.

Steve Biddle. (2021). Littler. Arizona cities expand discrimination protections. https://www.littler.com/publication-press/publication/arizona-cities-expand-discrimination- protections

The Wall Street Journal. (2023). Press Release. Alkermes recommits to equality on equal pay day 2023. https://www.wsj.com/articles/alkermes-recommits-to-equality-on-equal-pay-day- 2023-cf33ea2?page=1

ADDITIONAL INSTRUCTIONS FOR THE CLASS

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• Discussion Questions (DQ)

Initial responses to the DQ should address all components of the questions asked, including a minimum of one scholarly source, and be at least 250 words. Successful responses are substantive (i.e., add something new to the discussion, engage others in the discussion, well-developed idea) and include at least one scholarly source. One or two-sentence responses, simple statements of agreement or “good post,” and responses that are off-topic will not count as substantive. Substantive responses should be at least 150 words. I encourage you to incorporate the readings from the week (as applicable) into your responses.

• Weekly Participation

Your initial responses to the mandatory DQ do not count toward participation and are graded separately. In addition to the DQ responses, you must post at least one reply to peers (or me) on three separate days, for a total of three replies. Participation posts do not require a scholarly source/citation (unless you cite someone else’s work). Part of your weekly participation includes viewing the weekly announcement and attesting to watching it in the comments. These announcements are made to ensure you understand everything that is due during the week.

• APA Format and Writing Quality

Familiarize yourself with the APA format and practice using it correctly. It is used for most writing assignments for your degree. Visit the Writing Center in the Student Success Center, under the Resources tab in Loud-cloud for APA paper templates, citation examples, tips, etc. Points will be deducted for poor use of APA format or absence of APA format (if required). Cite all sources of information! When in doubt, cite the source. Paraphrasing also requires a citation. I highly recommend using the APA Publication Manual, 6th edition.

• Use of Direct Quotes

I discourage over-utilization of direct quotes in DQs and assignments at the Master’s level and deduct points accordingly. As Masters’ level students, it is important that you be able to critically analyze and interpret information from journal articles and other resources. Simply restating someone else’s words does not demonstrate an understanding of the content or critical analysis of the content. It is best to paraphrase content and cite your source. BUS 340 – Topic 6 Memorandum

• LopesWrite Policy

For assignments that need to be submitted to Lopes Write, please be sure you have received your report and Similarity Index (SI) percentage BEFORE you do a “final submit” to me. Once you have received your report, please review it. This report will show you grammatical, punctuation, and spelling errors that can easily be fixed. Take the extra few minutes to review instead of getting counted off for these mistakes. Review your similarities. Did you forget to cite something? Did you not paraphrase well enough? Is your paper made up of someone else’s thoughts more than your own? Visit the Writing Center in the Student Success Center, under the Resources tab in Loud-cloud for tips on improving your paper and SI score.

• Late Policy

The university’s policy on late assignments is a 10% penalty PER DAY LATE. This also applies to late DQ replies. Please communicate with me if you anticipate having to submit an assignment late. I am happy to be flexible, with advance notice. We may be able to work out an extension based on extenuating circumstances. If you do not communicate with me before submitting an assignment late, the GCU late policy will be in effect. I do not accept assignments that are two or more weeks late unless we have worked out an extension. As per policy, no assignments are accepted after the last day of class. Any assignment submitted after midnight on the last day of class will not be accepted for grading.

• Communication

Communication is so very important. There are multiple ways to communicate with me: Questions to Instructor Forum: This is a great place to ask course content or assignment questions. If you have a question, there is a good chance one of your peers does as well. This is a public forum for the class. Individual Forum: This is a private forum to ask me questions or send me messages. This will be checked at least once every 24 hours.

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