Business Law

Autonomy: A person’s ability to make her own decisions and to control her own life (as the ethicists say, to be an ‘end in herself) implies that she
must be free to do so, and not be used as a means to an end that she did not choose (most closely associated With deontology)-
Individual level: “Am I mistreating this person so that I can get What I want?”
Organizational level: “Ar e we mislabeling our product as “good for the environment” With the hope that our customers Will choose to purchase it?
Eg- Socio-economic level: “Does our policy violate the right of some of our citizens to make their own choices?”
Equality: A person must not be regarded or treated as inferior to or superior to other people
g- Individual level: “Do my actions show that I believe that my interests are more important than this other person’s interests?”
E-g- Organizational level: “Does everyone of similar work experience on our sales team have a fair chance at that promotion?”
E-g- Socio-economic level: “Does our society have social structures that make success more difficult for one group than another?”
(non) Suffering: Perhaps our most basic moral instinct is that suffering (Whether physical or emotional) is bad because its takes away from a
person’s happiness (most closely associated With utilitarianism)-
Eg- Individual level: “Ar e my words offensive to this other person?”
Organizational level: “When our employees complain about harassment, do we have policies that allow us to address their concerns quickly and
respectfully?”
E-g- Socio-economic level: “Does our government use symbols that are hurtful for some of our citizens?”
Trust: When people cooperate, they form trust, and living in a high- trust environment makes possible many of the things we associate With a good
life- 80 trust is the goal, and cooperation is the way to get it (most closely associated With contractarianism)
E-g- Individual level: “Ar e my actions compromising the possibility that this person would trust me in the future?”
g- Organization level: “IfI betray someone on the team I manage, Will that harm my ability to be an effective leader in the future?”
E-g- Socio-economic level: “Does this policy make it less likely that some people will go to the police?”
Virtue: (Excellence): An individual has a character, and many ethical traditions agree that a person is better off When her character is virtuous
(“virtuous” and “excellence” are translations of the same Greek word)- However, by doing unethical things, I may harm or corrupt my own character
by forming unethical habits- 80 character excellence is the goal, and forming ethical habits by doing ethical actions is the way to get it (most closely
associated With virtue ethics)- This ethical theory also translates to the levels of society and organization, but on those levels we use the word
culture” more often than the word “character” – but the general concept is the same-
g- Individual level: “Ifl falsify the numbers on this report in order to make it look like I met my yearly goals, will lying become part of who I am?”

Consider the case Of “FANTASYWAGER-COM,” which you already subjected to a legal (IRAC) analysis- Reconsider that case, although this time
focusing on the ethical values that should be involved in the decision-making of the HR manager. Any or all of the five ethical values described
above may be relevant in this case-

Write a personal reflection paper (one to two pages single spaced) that explores your thinking in response to the following questions:

Which values you would consider if you were the HR manager, and why

Your eventual course of action if you were the HR manager

The ways that the ethical values are or are not reflected in the relevant legal principles of this case (respondeat superior, negligent supervision, and
sexual harassment)***

This last analysis is from your own perspective – not the perspective of the HR manager or any other person in the hypothetical-

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