need Friday 12pm

Running head: OUTLINE 1

Outline

Norma Smith

BUS 670 Organizational Behavior Ashford University

Brandy Kreisler

October 21, 2019

I. Business Situation

a. A study by a human rights organization shows that more than 80% of employees in a US based manufacturing company are drawn from the male gender. More specifically, the researchers indicated that all senior management positions were occupied by men. Employees who responded to their survey questions in anonymity confirmed that it was difficult for women to rise through the ranks as the human resource department was dominated by men. Furthermore, the existing organizational culture favored men in almost all positions of employment.

II. Ethical Theories

a. Social contract theory. Corporate managers are expected to create value in the society where the business operates and ensure that they do so in a just and non-discriminatory manner (Mayer & Cava, 1995)

b. Egalitarian ethical theory. This theory emphasizes on equality by giving suggestions on how people should be treated (Knight, 2013). Men and women should therefore be treated as equals in employment and in promotion opportunities.

III. Specific areas of law

a. Title VII of the Civil Rights Act of 1964. This law bars employers from discriminating employees on the basis of sex, race, religion and the country of origin (Sherry, 1965). In this case, the company would be held liable for gender-based discrimination.

b. Bona Fide Occupational Qualification (BFOQ). This is a provision in the Title VII of the Civil Rights Act which stipulates the justifications that employers can use as defense in discrimination lawsuits (Cavico & Mujtaba, 2016). Employers can classify/discriminate employees on the basis of religion, sex or National origin if the three characteristics directly affect the success of their businesses (Cavico & Mujtaba, 2016).

References

Alteri, A. (2016). Gender-Based Discrimination in the Workplace. Review Of Public Personnel Administration, 36(3), 264-282.

Bauman, K. (2017). A Twenty-First-Century Social Contract between Employers and Job Candidates. Employment Relations Today, 44(2), 13-19.

Cavico, F., & Mujtaba, B. (2016). The Bona Fide Occupational Qualification (BFOQ) Defense in Employment Discrimination: A Narrow and Limited Justification Exception. Journal Of Business Studies Quarterly, 7(4), 15-29.

Deitch, C. (1993). Gender, Race, And Class Politics And The Inclusion Of Women In Title Vii Of The 1964 Civil Rights Act. Gender & Society, 7(2), 183-203.

Dienhart, J. (1995). Rationality, Ethical Codes, and an Egalitarian Justification of Ethical Expertise. Business Ethics Quarterly, 5(3), 419-450.

Knight, C. (2013). Egalitarian Justice and Expected Value. Ethical Theory And Moral Practice, 16(5), 1061-1073.

Mayer, D., & Cava, A. (1995). Social Contract Theory and Gender Discrimination: Some Reflections on the Donaldson/Dunfee Model. Business Ethics Quarterly, 5(2), 257-270.

Monahan, C. (2011). The Failure of the Bona Fide Occupational Qualification in Cross-Gender Prison Guard Cases: A Problem beyond Equal Employment Opportunity. Hypatia, 28(1), 101-121.

Pope, J. (2009). A Brief History of United States Labor and Employment Law. SSRN Electronic Journal.

Sherry, J. (1965). The Civil Rights Act of 1964. Cornell Hotel And Restaurant Administration Quarterly, 6(2), 3-6.