Ethics

Brandy Hubbard

Ethics

HRM

1a. Ethics is obviously not only the business of the manager, the human resources department, an ad hoc committee, or even the legislator. This is everyone's business, and in the business world in particular, of those who are ever more numerous in today's organizations, who are partly responsible for the process. We are talking about a real business partnership, active participation of HR specialists in solving the strategic tasks facing the company.

In these situations, the challenges and challenges facing the HR function are numerous. Internally, they constitute interlaces of recognition, credibility, partnerships, to reinvent themselves and innovate. Meeting these challenges requires better communication, mastery of data, management of organizations and change, and more financial approaches to business operations. The code of ethics lays down a number of milestones. Externally, the function should be made more visible and audible. We should be more active, more participative within professional associations. It is through massive participation that the latter will be truly essential and listened to by the social partners. HRDs are indeed, like the other major players in the company, at the crossroads of worlds. The HRD is the one who speaks for those who are not there: - in the Management Committee, he speaks for employees (be careful, do not be mistaken, for employees and not for employee’s union representatives of the employees - in works council or field, he speaks for the management

It may be trivial but I can assure you that this is the primary meaning of the function and we should return to it in the strategic vision of the function

1b. Face the competition by adopting an approach related to sustainable development to meet new consumer expectations and attract talent seeking meaning in their work and well-being.

1b. In this scenario CSR responds to:

social and societal issues such as: respect for human rights, working conditions, retention of employees, gender equality, equal opportunities, health and safety at work.

environmental issues : carbon footprint, pollution reduction, recycling, new production methods ...

economic issues : the social and solidarity economy, the relationship with subcontractors, the circular economy ...

As for the inside training, they seem far from considering it. Financial and managers, especially those in human resources, continue to ignore each other, sometimes to the point of disregarding their logic and mutual practices. Tensions persist, although they are not necessarily harmful, as management is often a matter of contradictions overcome. But the feeling remains that they cause a possible mess, economic, social and human. Despite the difficulty of the task, it is therefore always useful to try to understand how, and under what conditions, the financial requirements can be integrated into the management practices, without corrupting them.

2a. “I would act according to the regulations, policies and code of conduct of the organization. The roles of the HR department are to make sure that on a daily basis, recruitment is one of the roles of the human resources function. In recent years, recruitment is now demanding more communication and proactively”.

It is observed through the need now to sell you by communicating in an innovative way on what makes you unique, by showing an overview of your daily life, your values. I would be able to protect myself and the organization from the ethical risks that would be caused by the situation. It would be nice to make sure that the position of this person was completely satisfied. I would like to make sure that the position of the candidate is not one of these positions, but I will make sure that this position has been placed and all people have applied. This is the position of the company, which occupies the position of equity and fairness in the company.

2b. Conflict of interest can be classified by the type of subjects: Organizational - it happens when the subjects of a conflict of interest are organizations of various types of property, state or private. From the point of view of a personnel specialist, it is worthwhile to consider the second type of conflict of interest. In the present situation, the personnel manager will not be able to make an impartial as well as an objective decision on employment, since the person in question is a relative. You need to contact the company's management regarding a conflict of interest to ensure that the preferred candidate is subject to a formal hiring process. It is possible that the by-laws of a company authorize the control of the drunkenness of an employee by means of a blood alcohol control. Provided, however, that the employee may challenge this control (by requesting a second opinion or a second test) and that only those employees who, because of the nature of their work, would endanger property or persons they had to carry out their tasks while intoxicated. Thus, the use of the breathalyzer cannot be generalized to all employees of the company, without distinction. Unlawful control cannot serve as a justification for sanctioning an employee, even if it turns out that the latter is indeed drunk.

3a The use of drugs and its consequences at work is therefore not a negligible problem, especially since it can have very serious consequences for the employer. It is possible that the by-laws of a company authorize the control of the drunkenness of an employee by means of a blood alcohol control. Provided, however, that the employee may challenge this control (by requesting a second opinion or a second test) and that only those employees who, because of the nature of their work, would endanger property or persons they had to carry out their tasks while intoxicated. As you certainly know, every employer has an obligation to ensure the health and safety of his employees in the workplace. However, he must also respect the individual liberties of the latter. This may be why putting in place workplace controls is not so obvious.

3b. Yes, the employer may, according to the same provisions as for the breathalyzer test, add in his rules of procedure the possibility of screening the employees whose functions warrant it (handling machinery or dangerous products, driving vehicles). .). The list of these jobs must be clearly defined in the rules of procedure. As such, it can include measures to control the employee's condition by breathalyzer or screening. As a reminder, the rules of procedure are mandatory in companies with 20 or more employees. A sanction can only be pronounced against an employee if it is expressly provided for in the rules of procedure, especially as regards its terms .As mentioned above, the procedures for carrying out these checks are subject to conditions.

3c. This raises the question of positive screening because of drugs used by the employee in his personal life. It is therefore considered that acts relating to the employee's personal life may be penalized if they constitute a breach of an obligation arising from his employment contract. The Court of Cassation has admitted the dismissal for serious misconduct of two employees who smoked cannabis during their break.

4a. For deliberate violation of the provisions of “Title VII of the Civil Rights” Act to the employer when committing offenses (for example, non-payment of salary), an unpaid wage (front pay), real loss (compensatory damages), a penalty ( punitive damage), attorney fees. Also, an employee may declare a claim for his reinstatement, for the restoration of continuous seniority (seniority), for reinstatement in the same position (retroactive seniority) and for injunctive relief. The actual damage is compensated to the employee for damages, emotional distress, discomfort, moral and physical suffering. The maximum amount of real damage and fines is directly dependent on the number of employees employed by the employer. Since the adoption of the Law on Civil Rights, a number of significant changes have been made to it, aimed at strengthening the protection of the rights of citizens.

4b. “Title VII of the 1964 Civil Rights Act is one of the fundamental laws that enshrined the rights of people applying for employment and restricted discrimination in the United States. It prohibits refusal to accept employment, dismissal from work, or other discriminatory actions when paying wages , compensation, in determining the duration of working time, rest time and other working conditions, preferential employment due to race, color, religion, gender or national origin”.

4c you have worked for the company as a low-level manager for many years and have had excellent reviews. The number of duties increased during this period, but this did not affect the base rate and salary. At the same time, your male colleagues were promoted to a middle or higher level of management due to increased job responsibilities. For deliberate violation of the provisions of “Title VII of the Civil Rights Act” to the employer when committing offenses (for example, non-payment of salary), an unpaid wage (front pay), real loss (compensatory damages), a penalty ( punitive damage), attorney fees. Also, an employee may declare a claim for his reinstatement, for the restoration of continuous seniority (seniority), for reinstatement in the same position (retroactive seniority) and for injunctive relief. The actual damage is compensated to the employee for damages, emotional distress, discomfort, moral and physical suffering.

References

Alder, G. S., Schminke, M., & Noel, T. W. (2007). The impact of individual ethics on reactions to potentially invasive HR practices. Journal of Business Ethics, 75(2), 201.

Driscoll, D. M., & Hoffman, W. M. (1998). HR plays a central role in ethics programs. Workforce, 77(4), 121-123.

Burgdorf Jr, R. L. (1991). The Americans with Disabilities Act: Analysis and implications of a second-generation civil rights statute. Harv. CR-CLL Rev., 26, 413.