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BUS 340 Business Law And Ethics

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BUS 340 Business Law And Ethics

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BUS 340 Business Law And Ethics

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Course Code: BUS340
University: University Of Wisconsin-Stevens Point

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Country: United States

Question 
The Value of Fair Treatment in the Workplace
The year is 2025 and the U.S. Supreme Court has declared all laws prohibiting discrimination in the workplace to be unconstitutional. In its opinion, however, the Supreme Court made clear that employers could voluntarily adopt policies and procedures prohibiting any and all forms of discrimination in the workplace. The Supreme Court also made clear that employers could voluntarily adopt hiring practices to diversify their workforces provided such practices did not include express preferences based upon immutable characteristics.
 
You have been hired as a consultant by a large, nationwide retailer to examine the business case for ensuring that all of the employee protections are found within the federal anti-discrimination laws, as well as the business case for prohibiting any other forms of discrimination in the workplace.
 
Write a four to six page report in which you:
 
Analyze the benefits and costs of voluntarily prohibiting three to five (3-5) federal forms of discrimination prohibited under the federal anti-discrimination laws.
Discuss the benefits and costs of voluntarily prohibiting a form of discrimination not covered by any of the federal anti-discrimination laws.
State the benefits and costs of voluntarily adopting hiring and promotion practices designed to diversify the workforce.
Evaluate the ethical considerations of not voluntarily prohibiting the forms of discrimination laws examined in the first part of your report. Next, determine the ethical considerations of not voluntarily adopting hiring and promotion practices to diversify the workforce.
Provide a final recommendation to this retailer on whether or not they should ensure all, part, or none of the employee protections examined in the first part of your report. Your recommendation should also include whether or not the retailer should adopt hiring and promotion practices designed to diversify the workplace. Be sure to include a rationale for your recommendation along with an explanation for any rejections of contrary positions or other pertinent considerations.

Answer     
Fair Value of Treatment in the Workplace
Benefits and Costs of Prohibiting Discrimination under Federal Anti-Discrimination Laws
There are various benefits and cost of prohibiting discrimination under the federal anti-discrimination laws. The key benefits entail, the provision of equal rights and opportunities without discrimination based on the gender, sex, and religion. The prohibition of the discrimination also helps in accommodation of diversity such that all the individual irrespective of their color and race are given an opportunity to work in any particular organization within the country (Luchenister, 2015). Another benefit is that a conducive working environment is established for everyone irrespective of where an individual comes from and this, therefore, gives an opportunity to everyone to satisfy their fulfillment needs in the society.
Apart from the benefits, there are also costs associated with the prohibition of discriminations under the federal anti-discrimination laws. For example, it increases the amount of litigation, and thus costs are increased to the courts. Another cost is that it leads to an increase in the training costs to harmonise communication and this is because it gives an opportunity to everyone to get employed irrespective of their background (Lukes & Bangs, 2014). Further, it also prevents productivity in the organizations such that all the firms will be expected to maintain a gender balance without the verifying whether an individual is qualified or not.
Benefits and Costs of Prohibiting Discrimination Not Covered in the Federal Anti-Discrimination Laws Voluntarily
There are also the benefits and costs of voluntarily prohibiting a form of discrimination which is not covered by the federal anti-discrimination laws, and this is based education background. A fundamental benefit is that it enhances the public image of the institution and thus it will gain public approval (Prince  & Roche, 2014). Another benefit is that results in the employment of individuals being dependent on merit irrespective of an individual’s background. The discrimination not covered in the federal anti-discrimination law also allows different individuals from a variety of institutions to seek for employment in any of the particular workplaces (Girvan, 2015). However, there are also the various costs associated with the discriminations not covered in the federal anti-discrimination laws. For example, it results in certain legal battles, and this is due to the absence of laws which prohibits it. The other cost is that there could be the employment of various individuals in a company who are not qualified and this may cause losses to the company.
Benefits and Costs of Adoption of Hiring and Promotion Practices to Diversify Workplace Voluntarily
The adoption of hiring and promotion practices designed to diversify the workforce voluntarily has certain benefits and costs associated with it. The vital benefits include assisting various individuals to understand and thus appreciate other people’s culture including their backgrounds. The other benefit is that it leads to the creation of a positive public appeal and therefore the individuals who are competent and from different backgrounds are attracted in a workplace. Additionally, new expertise and experiences may be brought into the company, and this is a key benefit to the organization as a whole (Wrench, 2016).
Apart from the benefits, there are also costs associated with it. A key cost is that it may result in an increased cost in developing various programs and training for the diversified workforce in the workplace. Another cost is that there will be slow decision making and this is because of wide consultation which will be used thus more losses will be made (D’Netto, Shen, Chelliah & Monga, 2014). Additionally, there will be communication barriers which may result in low productivity in a company due to the hiring and promotion practices designed to diversify the workforce.
Ethical Considerations
According to Lukes & Bangs (2014), an organization which voluntarily prohibits the practice of discrimination can be viewed as inappropriate and without any form of ethical conduct and hence it should not be recommended for employment. An ethical behavior typically upholds high standard and hence takes into account respect, dignity, civil liberties for other individuals and impartiality. Under the circumstances in which diversification is not practiced in hiring, it is never acknowledged. It can be noted that everyone has the ability to perform a particular task and therefore should be given an opportunity to demonstrate such abilities in the workplace. Also, when hiring various individuals in a company, the safety of the employees should be taken into account.
Recommendation
The retailer should adopt the hiring and promotion practices designed to diversify the workplace. There are a lot of benefits associated with the practice. For instance, it leads to the creation of a positive public appeal and therefore the individuals who are competent and from different backgrounds are attracted in a workplace. Additionally, new expertise and experiences may be brought into the company, and this is a key benefit to the organization as a whole. However there would be certain costs such as increased cost in developing various programs and training for the diversified workforce in the workplace 
References
D’Netto, B., Shen, J., Chelliah, J., & Monga, M. (2014). Human resource diversity management practices in the Australian manufacturing sector. The International Journal of Human Resource Management, 25(9), 1243-1266.
Girvan, E. J. (2015). On using the psychological science of implicit bias to advance anti-discrimination law. Geo. Mason UCRLJ, 26, 1.
Luchenister, A. J. (2015). A New Era of Inequality: Hobby Lobby and Relgious Exemptions from Anti-Discrimination Laws. Harv. L. & Pol’y Rev., 9, 63.
Lukes, R., & Bangs, J. (2014). A Critical Analysis of Anti-Discrimination Law and Microaggressions in Academia. Research in Higher Education Journal, 24.
Prince, A. E., & Roche, M. I. (2014). Genetic information, non-discrimination, and privacy protections in genetic counseling practice. Journal of genetic counseling, 23(6), 891-902.
Wrench, J. (2016). Diversity management and discrimination: Immigrants and ethnic minorities in the EU. Routledge.

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