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The prompt in this assignment is based on the video or the article. Either may be used for this essay.
In one to two well reasoned, good length paragraph(s), discuss the possible racial discrimination, if any, you find that exists at the school. If you find no discrimination, discuss why you don’t believe there is any. Your discussion must be supported by at least one text reference. The text reference must be to page number and edition. You may present your opinion but there must be some support from the material in this class. This is not about YOUR college campus but the Landry’s school.
Do not approach this assignment thinking that there is one chapter in the text that you can use in your discussion. It is wide opened! If you believe there is discrimination, describe it. But, you describe/discuss it in the context you choose. Is there an ethical issue? Or, maybe a tort or crime? It could possibly be a violation of the Civil Rights Act or the Constitution? It is possible you don’t see anything with the Landrys that raise any issues. Then go with that and, using any legal concept, say why not. Just remember to support your opinion with a text reference that is a page number and textbook edition.
UNIT 1 The Law and Our Legal System
social problems. The idea is that business controls so much of a country’s wealth and
power that it should use that wealth and power in socially beneficial ways.
EXAMPLE 2.6 The Hitachi Group releases an Annual Corporate Social Respon-
sibility Report that outlines its environmental strategy (including its attempts to
reduce carbon dioxide emissions). The report also discusses its commitment to
human rights awareness.
A Way of Doing Business Corporate social responsibility attains its maximum
program. The most successful activities are relevant and significant to the
effectiveness if it is treated as a way of doing business rather than as a special
corporation’s stakeholders.
EXAMPLE 2.7 Derek Industries is one of the world’s largest diversified metals and
mining companies. As a part of its business decision making, it invested more than
$150 million in social projects involving health care, infrastructure, and education
ronmental projects, including the rehabilitation of native species in the Amazon
around the world. At the same time, it invested more than $300 million in envi-
River Valley.
2-6 Business Ethics and Social Media
Today, social media affect many areas of daily life, including the business world.
As a result, businesses now face unique ethical issues with respect to all social
media platforms. In particular, social media raise ethical questions in business hir-
ing decisions.
To gain better insight into a job candidate, managers ask for professional refer-
ences from former employers, as well as character references from others who know
the candidate. Employers are likely to also conduct Internet searches to discover
more about job candidates. Often, an online search can lead managers to several
links regarding a candidate. With relative ease, managers can often view the pro-
spective candidate’s postings, photos, videos, blogs, and tweets.
In addition, some employers may decide that a candidate with no social media
presence is behind the times and is not a good employee choice. Some would con-
sider this type of employer behavior to be unethical as well.
Highlighting the Point
Penny applies for a sales clerk position at Fair City Market, a convenience store
in rural Wyoming. Craig, Fair City’s owner, interviews Penny and is seriously
considering her for the position. After the interview, Craig does an online search
on Penny. The search results reveal that Penny is politically active in an effort
to ban off-road vehicles in local wilderness areas. Craig is an off-road enthusiast.
Should Craig consider Penny’s activism when deciding to hire her? No. Many people
believe that judging a job candidate based on what she or he does outside of the
workplace is unethical. Penny’s personal opinions and activities should not factor
into Craig’s hiring decision.
2-7 Business Ethics on a Global Level
Frequent conflicts in ethics arise between foreign and U.S. businesspersons. In cer-
tain countries, the consumption of alcohol and specific foods is forbidden for reli-
gious reasons. Under such circumstances, it would be thoughtless and imprudent
ting U.S. businessperson to invite a local business contact out for a drink.
CHAP
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discovery
Method by which parties obtain
information to prepare for trial.
deposition
Any evidence verified by oath.
interrogatory
Written questions and answers
prepared and signed under oath.
e-evidence
Evidence consisting of computer-
generated or electronically
recorded information.
UNIT 1 The Law and Our Legal System
Real Case
Twenty-First Century Bean Processing hired Anthony Lewis, a forty-seven-year-old
African American male, for a warehouse position that was subject to a probationary
period. At the end of the period, Twenty-First Century fired Lewis. He filed a lawsuit in a
federal district court, alleging discrimination on the basis of race and age in violation of
federal law. Twenty-First Century filed a motion for summary judgment. The employer
provided evidence of Lewis’s poor job performance and claimed that was the reason
for his termination. The court granted the motion.
Was the court’s decision to grant the motion for summary judgment proper? Yes. In
Lewis v. Twenty-First Century Bean Processing, the U.S. Court of Appeals for the Tenth
Circuit affirmed the lower court’s decision. The evidence showed that of the twenty-five
workdays in the probationary period, Lewis was absent for four days, found sleeping
twice, and seen several times texting and talking on his personal phone. When
informed that this use of a personal phone at work was against company policy, Lewis
argued with his boss. Lewis’s unsatisfactory job performance was a sufficient and
nondiscriminatory reason for his firing.
-638 Fed.Appx. 701 (10th Cir.)
3-4d Discovery
Before a trial begins, the parties obtain information and gather evidence about the
case. The process of obtaining information from the opposing party or from other
witnesses is known as discovery.
Discovery prevents surprises by giving parties access to evidence that might
otherwise be hidden. This allows both parties to learn as much as they can about
what to expect at a trial before they reach the courtroom. It also serves to narrow
the issues so that trial time is spent on the main questions in the case.
Depositions and Interrogatories Discovery can involve the use of depositions,
interrogatories, or both. A deposition is sworn testimony by the opposing party
or any witness, recorded by an authorized court official. An interrogatory is a
series of written questions for which written answers are prepared and then
signed under oath.
Other Information A party can serve a written request to the other party for an
admission of the truth of matters relating to the trial. An admission in response to
such a request is the equivalent of an admission in court.
A party can also gain access to documents and other items not in his or her pos-
session in order to inspect and examine them. Likewise, a party can gain “entry
land” to inspect premises relevant to the case.
upon
When the physical or mental condition of one party is in question, the opposing
party can ask the court to order a physical or mental examination. The court will
make such an order only when the need for the information outweighs the right to
privacy of the person to be examined.
E-Evidence Relevant information stored electronically can be the object of a
discovery request. Electronic evidence, or e-evidence, consists of all types of
computer-generated or electronically recorded information, such as e-mail, voice
mail, tweets, blogs, social media posts, and spreadsheets, as well as documents and
other data stored on computers and mobile devices.
CHAF
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tUNIT 1 The Law and Our Legal System
social problems. The idea is that business controls so much of a country’s wealth and
power that it should use that wealth and power in socially beneficial ways.
EXAMPLE 2.6 The Hitachi Group releases an Annual Corporate Social Respon-
sibility Report that outlines its environmental strategy (including its attempts to
reduce carbon dioxide emissions). The report also discusses its commitment to
human rights awareness.
A Way of Doing Business Corporate social responsibility attains its maximum
program. The most successful activities are relevant and significant to the
effectiveness if it is treated as a way of doing business rather than as a special
corporation’s stakeholders.
EXAMPLE 2.7 Derek Industries is one of the world’s largest diversified metals and
mining companies. As a part of its business decision making, it invested more than
$150 million in social projects involving health care, infrastructure, and education
ronmental projects, including the rehabilitation of native species in the Amazon
around the world. At the same time, it invested more than $300 million in envi-
River Valley.
2-6 Business Ethics and Social Media
Today, social media affect many areas of daily life, including the business world.
As a result, businesses now face unique ethical issues with respect to all social
media platforms. In particular, social media raise ethical questions in business hir-
ing decisions.
To gain better insight into a job candidate, managers ask for professional refer-
ences from former employers, as well as character references from others who know
the candidate. Employers are likely to also conduct Internet searches to discover
more about job candidates. Often, an online search can lead managers to several
links regarding a candidate. With relative ease, managers can often view the pro-
spective candidate’s postings, photos, videos, blogs, and tweets.
In addition, some employers may decide that a candidate with no social media
presence is behind the times and is not a good employee choice. Some would con-
sider this type of employer behavior to be unethical as well.
Highlighting the Point
Penny applies for a sales clerk position at Fair City Market, a convenience store
in rural Wyoming. Craig, Fair City’s owner, interviews Penny and is seriously
considering her for the position. After the interview, Craig does an online search
on Penny. The search results reveal that Penny is politically active in an effort
to ban off-road vehicles in local wilderness areas. Craig is an off-road enthusiast.
Should Craig consider Penny’s activism when deciding to hire her? No. Many people
believe that judging a job candidate based on what she or he does outside of the
workplace is unethical. Penny’s personal opinions and activities should not factor
into Craig’s hiring decision.
2-7 Business Ethics on a Global Level
Frequent conflicts in ethics arise between foreign and U.S. businesspersons. In cer-
tain countries, the consumption of alcohol and specific foods is forbidden for reli-
gious reasons. Under such circumstances, it would be thoughtless and imprudent
ting U.S. businessperson to invite a local business contact out for a drink.
CHAP
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LEARNING OUTCOME 2
Recognize a counteroffer.
counteroffer
An offeree’s rejection of the
original offer and simultaneous
making of a new offer.
mirror image rule
A rule requiring that the terms of
the offeree’s acceptance exactly
offer.
match the terms of the offeror’s
ceptance
offeree’s willing consent to the
ms of an offer.
ARNING OUTCOME 3
tify the elements of a valid
ptance.
your best offer?” or “Will you pay me $300 for it?” Jasmine has not rejected the
offer but has merely made an inquiry about it. She can still accept and bind Ray-
mond to his offered $250 purchase price.
UNIT 2 Contracts
Counteroffer A counteroffer is a rejection of the original offer and the simultaneous
making of a new offer, giving the original offeror (now the offeree) the power of
acceptance. EXAMPLE 9.4 Jessica offers to sell her home to Bradley for $225,000,
a counteroffer-it terminates the original offer and creates a new offer.
and Bradley says, “The price is too high. I’ll pay $200,000.” Bradley’s response is
The mirror image rule requires that the offeree’s acceptance match the offeror’s
offer exactly. In other words, the terms of acceptance must “mirror” those of the
the original offer, it will be considered not an acceptance but a counteroffer.
offer. If the acceptance materially (substantially) changes or adds to the terms of
9-2b Termination by Operation of Law
The offeree’s power to transform an offer into a binding obligation can be termi-
supervening illegality all act to terminate the offer by operation of law.
nated by operation of law in several ways. Lapse of time, destruction or death, or
Lapse of Time An offer terminates automatically when the period of time specified
in the offer has passed. For instance, an offer specifying that it will be held open
for twenty days will lapse at the end of twenty days.
The time period normally begins to run when the offer is actually received by
the offeree, not when it is sent or drawn up. When receipt of the offer is delayed,
the period begins to run from the date the offeree would have received the offer,
but only if the offeree knows or should know that the offer is delayed.
If no time for acceptance is specified in the offer, the offer terminates at the end
of a reasonable period of time. A reasonable period of time is determined by the
subject matter of the contract, business and market conditions, and other relevant
circumstances.
EXAMPLE 9.5 Winston’s offer to sell his farm produce to West Valley Grange ter-
minates sooner than his offer to sell West Valley a piece of farm equipment. This
is because Winston’s produce is perishable and subject to greater fluctuations in
market value.
Destruction or Death An offer is automatically terminated if the specific subject
matter of the offer (such as an iPad or a house) is destroyed before the offer is
accepted. An offeree’s power of acceptance is also terminated when the offeror or
offeree dies or becomes legally incapacitated, unless the offer is irrevocable.
Supervening Illegality A statute or court decision that makes an offer illegal
automatically terminates the offer. EXAMPLE 9.6 Lee offers to lend Kim $10,000 at
an annual interest rate of 15 percent. Before Kim can accept Lee’s offer, a state law
is enacted that prohibits interest rates higher than 12 percent in personal loans.
Lee’s offer is automatically terminated.
CHAPTE
1. An offer must be accepted by the offeree, not by a third party.
2. The acceptance must be unequivocal.
3. In most situations, the acceptance must be communicated to the offeror.
9-3a
The i
other
offer
con
Pau
9-3 Acceptance
imi
Acceptance is a voluntary act by the offeree that shows assent, or agreement,
to the offer. It may consist of words or conduct. An acceptance has three
requirements:
9-
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business ethics
A consensus of what constitutes
right or wrong behavior in the
world of business.
LEARNING OUTCOME 1
Discuss how businesses can
discourage unethical behavior.
UNIT 1 The Law and Our Legal System
2-1a What Is Business Ethics?
business world. It has to do with how moral and ethical principles are applied
Business ethics focuses on what constitutes right or wrong behavior in the
place. Business ethics is not a separate kind of ethics. The ethical standards
by businesspersons to situations that arise in their daily activities in the work-
that guide our behavior as students apply equally well to our activities as
businesspersons.
2-1b Why Is Business Ethics Important?
Making ethical business decisions is vitally important to the long-run viability of a
being of the company’s management and employees. Certainly, corporate decisions
corporation. A thorough knowledge of business ethics is also important to the well-
and activities can also significantly affect such groups as suppliers, the community,
and society as a whole.
2-2 Setting the Right Ethical Tonerle nolaiva
Many unethical business decisions are made simply because they can be made. In
other words, the decision makers have the opportunity to make such decisions and
are not too concerned about being seriously sanctioned for their unethical actions.
Perhaps one of the most difficult challenges for business leaders today is to create
the right “ethical tone” in their workplaces.
☆
ithi
2-2a The Importance of Ethical Leadership
Talking about ethical business decision making means nothing if management does
not set standards. Moreover, managers must apply those standards to themselves
and to the employees of the company.
One of the most important factors in creating and maintaining an ethical work-
place is the attitude of top management. Managers who are not totally committed
to maintaining an ethical workplace will rarely succeed in creating one. Employees
take their cues from management. If a firm’s managers do not violate obvious
ethical norms in their business dealings, employees will be likely to follow that
example.
In contrast, if managers act unethically, employees will see no reason not to do
so themselves. EXAMPLE 2.1 Janice works at Granite Software. If Janice observes
her manager cheating on his expense account, Janice quickly understands that such
behavior is acceptable.
2-2b Ethical Codes of Conduct
One of the most effective ways of setting the tone of ethical behavior within an
organization is to create an ethical code of conduct. A well-written code of ethics
explicitly states a company’s ethical priorities. Its provisions must be clearly com-
municated to employees.
web of and s
Most large companies and organizations have implemented ethics training
programs, seminars, and face-to-face meetings to communicate the importance
of ethical conduct to employees. Managers find that applying clear codes of ethics
can deter unethical behavior in the workplace, as well as other settings, including
university campuses.18
categorical imperative
An evaluation based on the effect
if everyone acted in the same way.
principle of rights
The principle that human beings
have certain fundamental rights.
UNIT 1 The Law and Our Legal System
2-5a Duty-Based Ethics snizu8 pritslups a
Duty-based ethical standards often are derived from revealed truths, such as reli-
gious precepts. They can also be derived through philosophical reasoning.
in the United States, the Ten Commandments of the Old Testament establish
Religion In the Judeo-Christian tradition, which is the dominant religious tradition
fundamental rules for moral action. Other religions have their own sources of
revealed truth. Religious rules generally are absolute with respect to the behavior
of their adherents.
for a person who believes that the Ten Commandments reflect revealed truth. Even
For instance, the commandment “Thou shalt not steal” is an absolute mandate
a benevolent motive for stealing (such as Robin Hood’s) cannot justify the act,
because the act itself is inherently immoral and thus wrong.
Ethical standards based on religious teachings also involve an element of com-
who is a less productive employee. Lee would find it difficult to get employment
passion. EXAMPLE 2.2 It might be profitable for Sun Valley Farms to lay off Lee,
elsewhere and his family would suffer as a result, however. This potential suffer-
ing would be given substantial weight by decision makers whose ethical standards
were based on religion. Compassionate treatment of others is also mandated by
the Golden Rule-Do unto others as you would have done unto you-which has
been adopted by most religions.
Philosophy Duty-based ethical standards may also be derived solely from
philosophical reasoning. The German philosopher Immanuel Kant (1724-1804),
for instance, identified principles for moral behavior based on what he believed to
be the fundamental nature of human beings.
Kant held that it is rational to assume that human beings are qualitatively dif-
ferent from other physical objects in our world. Persons are endowed with moral
integrity and the capacity to reason and conduct their affairs rationally. Therefore,
their thoughts and actions should be respected. When human beings are treated
merely as a means to an end, they are being regarded as the equivalent of objects
and are being denied their basic humanity.
Kant believed that individuals should evaluate their actions in light of the con-
sequences that would follow if everyone in society acted in the same way. This
categorical imperative can be applied to any action. EXAMPLE 2.3 Julie is deciding
whether to cheat on an examination. If she adopts Kant’s categorical imperative,
she will decide not to cheat, because if everyone cheated, the examination would
be meaningless.
The Principle of Rights Another view of duty-based ethics focuses on basic rights.
The principle that human beings have fundamental rights, such as the rights to life,
freedom, and the pursuit of happiness, is embedded in Western culture.
Those who adhere to this principle of rights believe that a key factor in
determining whether a business decision is ethical is how that decision affects
the rights of others. These others include the firm’s owners, its employees, its
customers, its suppliers, the community in which it does business, and society
as a whole.
In general, rights theorists believe that the right with the highest value in
a particular circumstance takes precedence. EXAMPLE 2.4 Murray Chemical has
to decide whether to keep its Utah plant open-thereby saving the jobs of one
hundred workers-or shut it down. Closing the plant will avoid contaminating a
nearby river with pollutants that could endanger the health of tens of thousands
of people. A rights theorist could easily choose which group to favor because the
value of the right to health and well-being is obviously stronger than the basic
right to work.HTM
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CHAPTER
8
UNIT 1 The Law and Our Legal System
SUMMARY-CONSTITUTIONAL LAW
LEARNING OUTCOME 1: Explain Congress’s power to regulate commerce.
to regulate every commercial enterprise in the United States. A state government may regulate private activities
The commerce clause expressly permits Congress to regulate commerce, authorizing the national government
regulation that substantially interferes with interstate commerce violates the commerce clause, however.
within its borders to protect or promote the public order, health, safety, morals, and general welfare. A state A
LEARNING OUTCOME 2: Discuss federal priority over state laws.
The supremacy clause provides that the Constitution, laws, and treaties of the United States are “the supreme Law
of the Land.” Whenever a state law directly conflicts with a federal law, the state law is rendered invalid.
LEARNING OUTCOME 3: Describe the Bill of Rights. Turn on
The Bill of Rights consists of the first ten amendments to the U.S. Constitution. These amendments embody a series
of protections for individuals against various types of government interference.
LEARNING OUTCOME 4: Identify due process protections.
“of life, liberty, or property, without due process of law.” The due process clause of each of these constitutional
Both the Fifth and the Fourteenth Amendments to the U.S. Constitution provide that no person shall be deprived
amendments has two aspects-procedural and substantive.
1. Can a state, in the interest of energy conservation, ban
all advertising by power utilities if conservation could
be accomplished by less restrictive means? Why or why
not? (See Business and the Bill of Rights.)
LEARNING OUTCOME 5: Outline privacy rights.
There is no specific guarantee of a right to privacy in the Constitution, but such a right has been derived from
guarantees found in the First, Third, Fourth, Fifth, and Ninth Amendments. Federal and state statutes also protect
privacy rights.
150 wol-n var
2. Suppose that a state taxes out-of-state companies doing
business in the state at a rate higher than the rate for
ISSUE SPOTTERS 19
Check your answers to the Issue Spotters against the
STRAIGHT TO THE POINT
DIAM MA D
This chapter’s Linking Bus
The Constitutional Powers of Government.)
3. How do protections guaranteed by the Bill of Rights
apply to the states? (See Business and the Bill of Rights.)
answers provided in Appendix A at the end of this text.
in-state companies. The state’s purpose is to protect local
firms from out-of-state competition. Does this tax vio-
late the equal protection clause? Explain your answer.
(See Due Process and Equal Protection.)
1. Why is it necessary to determine where the line between 4. What does due process require? (See Due Process and Equal
state and national powers lies? (See The Constitutional Powers
of Government.)
2. Which part of the government has the exclusive author-
ity to regulate trade and commerce among the states? (See 6. Is a constitutional right to privacy express or implied?
(See Privacy Rights.)
Protection.)
5. What does “equal protection” mean? (See Due Process and
Equal Protection.)
