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Sign in
https://www.nytimes.com/2018/11/30/us/tm-landry-college-prep-black-students.html (Links to an external site.)
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.
CHAPTER 4 Constitutional Law
REAL LAW
4-1. Reasonable Restrictions on Free Speech. Michael May-
field, the president of Mendo Mill and Lumber Company in
California, received a “notice of a legal claim” from Edward
Starski. This “claim” alleged that a stack of lumber fell on
a customer as a result of a Mendo employee’s “incompe-
tence.” The “notice” presented a settlement offer on the
customer’s behalf in exchange for a release of liability for
Mendo. In a follow-up phone conversation with Mayfield,
Starski said that he was an attorney-which, in fact, he
was not. Starski was arrested and charged with violating a
state statute that prohibited the unlawful practice of law. He
argued that “creating an illusion” that he was an attorney
fell within the protection of his First Amendment right to
People v. Edward Robert Starski, 7 Cal.App.5th 215, 212
free speech. Is Starski correct? Explain your answer. [The
Cal.Rptr.3d 622 (1 Dist. 2017)] (See Business and the Bill
of Rights.)
4-2. The Commerce Clause. Regency Transportation, Inc.,
operates a freight business throughout the eastern United
States. Regency maintains its corporate headquarters and
other facilities in Massachusetts. The vehicles in Regency’s
fleet were bought in other states. Massachusetts imposes
various taxes on all taxpayers subject to its jurisdiction,
ALA
ETHICAL QUESTIONS
4-4. The Establishment Clause. Do religious displays on
public property violate the establishment clause? Discuss.
(See Business and the Bill of Rights.)
4-5. Free Speech. Aric Toll owns and manages the Balboa
Island Village Inn, a restaurant and bar. Anne Lemen lives
across from the inn. Lemen complained to the authorities
about the inn’s customers, whom she called “drunks” and
53
including those that, like Regency, do business in interstate
commerce. When Massachusetts imposed a tax on the pur-
chase price of each vehicle in Regency’s fleet, the trucking
firm challenged the assessment as discriminatory under the
commerce clause. What is the chief consideration under the
commerce clause when a state law affects interstate com-
merce? Is Massachusetts’s tax valid? Explain. [Regency
Transportation, Inc. v. Commissioner of Revenue, 473
Mass. 459, 42 N.E.3d 1133 (2016)] (See The Constitutional
Powers of Government.)
4-3. Equal Protection. Abbott Laboratories licensed Smith-
Kline Beecham Corp. to sell an Abbott human immunodefi-
ciency virus (HIV) drug. Abbott then increased the wholesale
price of its drug. This forced SmithKline to increase its price
and thereby drove business to Abbott, which continued to
sell its product at a lower price. SmithKline filed a suit in a
federal district court against Abbott, alleging breach of con-
tract. During jury selection, Abbott eliminated the only self-
identified gay person among the potential jurors. Could the
equal protection clause be applied to prohibit discrimina-
tion based on sexual orientation in jury selection? Discuss.
[SmithKline Beecham Corp. v. Abbott Laboratories, 740
F.3d 471 (9th Cir. 2014)] (See Business and the Bill of Rights.)
“whores.” Lemen told the inn’s bartender Ewa Cook that
Cook “worked for Satan.” She repeated her statements to
potential customers, and the inn’s sales dropped more than
20 percent. The inn filed a suit against Lemen. Are her state-
ments protected by the U.S. Constitution? Did she act uneth-
ically? Explain. [Balboa Island Village Inn, Inc. v. Lemen,
40 Cal.4th 1141, 156 P.3d 339 (2007)] (See The Constitutional
Powers of Government.)52
Boooo
UNIT 1 The Law and Our Legal System
wal
CHAPTER SUMMARY-CONSTITUTIONAL LAW
LEARNING OUTCOME 1: Explain Congress’s power to regulate commerce.
The commerce clause expressly permits Congress to regulate commerce, authorizing the national government
to regulate every commercial enterprise in the United States. A state government may regulate private activities
within its borders to protect or promote the public order, health, safety, morals, and general welfare. A state
regulation that substantially interferes with interstate commerce violates the commerce clause, however.
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.
* * ASTAAND
LEARNING OUTCOME 3: Describe the Bill of Rights.
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.
bal
Both the Fifth and the Fourteenth Amendments to the U.S. Constitution provide that no person shall be deprived
“of life, liberty, or property, without due process of law. The due process clause of each of these constitutional
amendments has two aspects-procedural and substantive.
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.
PILO DOY- wel eesment prixm
STRAIGHT TO THE POINT
OMITIAN
businesses, see this chapter’s Linking Busine
VIA DITXITA:
ISSUE SPOTTERS 19
Check your answers to the Issue Spotters against the answers provided in Appendix A at the end of this text.
1. Can a state, in the interest of energy conservation, ban
all advertising by power utilities if conservation could
in-state companies. The state’s purpose is to protect local
firms from out-of-state competition. Does this tax vio-
not? (See Business and the Bill of Rights.)
be accomplished by less restrictive means? Why or why dlate the equal protection clause? Explain your answer.
(See Due Process and Equal Protection.)
2. Suppose that a state taxes out-of-state companies doing
250
business in the state at a rate higher than the rate for
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.)
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.)
Equal Protection.)
5. What does “equal protection” mean? (See Due Process and50
LEARNING OUTCOME 5
Outline privacy rights.
olevanq
uno based on gender or legitimacy (children born out of wedlock). Laws using these
Intermediate Scrutiny A higher standard applies to laws involving discrimination
walto 2010 oub estrenug classifications must substantially relate to important government objectives.
EXAMPLE 4.5 An Oklahoma statute prohibits the sale of beer to males under
eighteen. In a challenge by Peter (a male
twenty-one but allows it to females over
under twenty-one but over eighteen), the state is not able to show a substantial
relationship between the statute and its alleged benefits. Thus, this law violates the
equal protection clause.
son bean odw)
Strict Scrutiny The highest standard applies to a law or an action that inhibits
some persons’ exercise of a fundamental right or is based on a suspect trait (such
as race, national origin, or citizenship status). This will stand only if it is necessary
to promote a compelling government interest.
EXAMPLE 4.6 A small town in New Jersey begins awarding construction contracts
to Wyatt’s Construction and several other minority-owned construction companies.
The town is attempting to correct its long history of illegal discrimination against
minority-owned construction companies. The preference program goes no further
than necessary to correct the problem. Additionally, its guidelines mandate that it
stop once there is success in balancing the number of city contracts awarded to
Wyatt and other minorities.mvog 150 10. wal sil.goumizigol to somaseduz
Real Closeason ou aviseredua sis
ot blod od Hiw si
poulont sign
☆
inhi 4-4 Privacy Rights
09200706D
Freedom of
Information Act (1966) edito
Privacy Act (1974)
Electronic Communications
Privacy Act (1986)
UNIT 1 The Law and Our Legal System
Exhibit 4.2 Federal Legislation Relating to Privacy
OR
15114
Health Insurance Portability
and Accountability Act (1996)
USA Patriot Act (2001)
and USA Freedom Act (2015)
mbnamA
The U.S. Constitution does not explicitly mention a general right to privacy. The
Supreme Court has held that a constitutional right to privacy is implied by the First,
Third, Fourth, Fifth, and Ninth Amendments. Privacy rights also receive protection
under various state and federal statutes.
and?
Important federal legislation relating to privacy rights is listed and described in
Exhibit 4.2. For a discussion of two laws pertaining to the collection of personal
feature.
information by businesses, see this chapter’s Linking Business Law to Your Career
på de
nop
bas
government files.
Provides that individuals have a right to obtain access to information about them collected in
Prohibits the interception of information communicated by electronic means.
10/128
010
SUD DVIS
Protects the privacy of individuals about whom the federal government has information. Regulates
agencies’ use and disclosure of data, and gives individuals access to and a means to correct
inaccuracies.
udw no “aiasd lanoine
pomis aith-Mani
101
Requires health-care providers and health-care plans to inform patients of their privacy rights and of
for purposes unrelated to health care or disclosed without permission.
how their personal medical information may be used. States that medical records may not be used
Increases government authority to monitor Internet activities and to access personal financial and
student information. Law enforcement officials can obtain phone data about targeted individuals
from private phone companies.
paslasCHAPTER 4 Constitutional Law
Conflict Resolved
In the Conflict Presented feature at the beginning of this chapter,
Marvin owns an acre of land on which a billboard stands. He rents
the billboard to Discount Mart. His land is within the limits of Centre
City. A city ordinance prohibits signs that are not on the advertiser’s property if
the signs are visible from a nearby interstate highway. The ordinance is intended
to make the city more visually appealing and to prevent distractions that might
cause car accidents. Discount Mart files a lawsuit against the city, challenging the
ordinance as a violation of the First Amendment.
Is Centre City’s ordinance valid? Yes. A government can regulate commercial
speech if the regulation is reasonable. The regulation must implement a substantial
government interest, directly advance that interest, and go no further than necessary
to accomplish its objective.
Here, Centre City restricts billboard advertising to beautify the city and to prevent
accidents. These legitimate government interests are directly advanced by the
ordinance. Lastly, the ordinance’s sign-location restriction prevents it from going further
than necessary to accomplish its objective.
Linking Business Law to Your Career
PRETEXTING AND MARKETING
If you work in marketing or sales, gath-
ering and obtaining information about
your current and target customers will
be a significant part of your position.
There are many legitimate strategies for
gleaning customer and market details,
such as purchasing mailing lists, install-
ing certain software on the company’s
website, and conducting social media
and phone surveys.
Because of the rising concern
over privacy rights as technology
improves, however, you will need to
be cautious how you conduct market
research and gather personal infor-
mation. One problematic research
method that you should know about
is pretexting.
1026 g in
What Is Pretexting?
A pretext is a false motive to hide the real
motive. Thus, pretexting is the process of
obtaining information by false means.
For instance, a pretexter who claims that
he is from a certain bank may ask an indi-
vidual-via the phone or e-mail-for
personal and banking data to assist him
in updating that individual’s account with
a new security system. Once important
details are given, the pretexter can sell
the information to a data broker who, in
turn, can sell it to another party, such as
your company or even an identity thief.
The Law and Pretexting
Congress has passed laws to help
deal with the potential problems of
A 07 sodura ovisul
trigin to d
ЯЗТЧАН
MMU2 #379AHO
51
pretexting, such as identity theft and
the invasion of privacy. The Gramm-
Leach-Bliley Act, for example, made
pretexting to obtain financial infor-
mation illegal. Another law-the
Telephone Records and Privacy Pro-
tection Act-prohibits someone
from using false representations to
obtain another person’s confiden-
tial phone records. The act also pro-
hibits the buying or selling of such
phone records without the owner’s
permission.
Despite these two laws, pretexting
often skirts the boundary between
legal and illegal. Thus, as a marketing
professional, be careful not to violate
any pretexting laws.52
Boooo
UNIT 1 The Law and Our Legal System
wal
CHAPTER SUMMARY-CONSTITUTIONAL LAW
LEARNING OUTCOME 1: Explain Congress’s power to regulate commerce.
The commerce clause expressly permits Congress to regulate commerce, authorizing the national government
to regulate every commercial enterprise in the United States. A state government may regulate private activities
within its borders to protect or promote the public order, health, safety, morals, and general welfare. A state
regulation that substantially interferes with interstate commerce violates the commerce clause, however.
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.
* * ASTAAND
LEARNING OUTCOME 3: Describe the Bill of Rights.
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.
bal
Both the Fifth and the Fourteenth Amendments to the U.S. Constitution provide that no person shall be deprived
“of life, liberty, or property, without due process of law. The due process clause of each of these constitutional
amendments has two aspects-procedural and substantive.
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.
PILO DOY- wel eesment prixm
STRAIGHT TO THE POINT
OMITIAN
businesses, see this chapter’s Linking Busine
VIA DITXITA:
ISSUE SPOTTERS 19
Check your answers to the Issue Spotters against the answers provided in Appendix A at the end of this text.
1. Can a state, in the interest of energy conservation, ban
all advertising by power utilities if conservation could
in-state companies. The state’s purpose is to protect local
firms from out-of-state competition. Does this tax vio-
not? (See Business and the Bill of Rights.)
be accomplished by less restrictive means? Why or why dlate the equal protection clause? Explain your answer.
(See Due Process and Equal Protection.)
2. Suppose that a state taxes out-of-state companies doing
250
business in the state at a rate higher than the rate for
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.)
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.)
Equal Protection.)
5. What does “equal protection” mean? (See Due Process and50
LEARNING OUTCOME 5
Outline privacy rights.
olevanq
uno based on gender or legitimacy (children born out of wedlock). Laws using these
Intermediate Scrutiny A higher standard applies to laws involving discrimination
walto 2010 oub estrenug classifications must substantially relate to important government objectives.
EXAMPLE 4.5 An Oklahoma statute prohibits the sale of beer to males under
eighteen. In a challenge by Peter (a male
twenty-one but allows it to females over
under twenty-one but over eighteen), the state is not able to show a substantial
relationship between the statute and its alleged benefits. Thus, this law violates the
equal protection clause.
son bean odw)
Strict Scrutiny The highest standard applies to a law or an action that inhibits
some persons’ exercise of a fundamental right or is based on a suspect trait (such
as race, national origin, or citizenship status). This will stand only if it is necessary
to promote a compelling government interest.
EXAMPLE 4.6 A small town in New Jersey begins awarding construction contracts
to Wyatt’s Construction and several other minority-owned construction companies.
The town is attempting to correct its long history of illegal discrimination against
minority-owned construction companies. The preference program goes no further
than necessary to correct the problem. Additionally, its guidelines mandate that it
stop once there is success in balancing the number of city contracts awarded to
Wyatt and other minorities.mvog 150 10. wal sil.goumizigol to somaseduz
Real Closeason ou aviseredua sis
ot blod od Hiw si
poulont sign
☆
inhi 4-4 Privacy Rights
09200706D
Freedom of
Information Act (1966) edito
Privacy Act (1974)
Electronic Communications
Privacy Act (1986)
UNIT 1 The Law and Our Legal System
Exhibit 4.2 Federal Legislation Relating to Privacy
OR
15114
Health Insurance Portability
and Accountability Act (1996)
USA Patriot Act (2001)
and USA Freedom Act (2015)
mbnamA
The U.S. Constitution does not explicitly mention a general right to privacy. The
Supreme Court has held that a constitutional right to privacy is implied by the First,
Third, Fourth, Fifth, and Ninth Amendments. Privacy rights also receive protection
under various state and federal statutes.
and?
Important federal legislation relating to privacy rights is listed and described in
Exhibit 4.2. For a discussion of two laws pertaining to the collection of personal
feature.
information by businesses, see this chapter’s Linking Business Law to Your Career
på de
nop
bas
government files.
Provides that individuals have a right to obtain access to information about them collected in
Prohibits the interception of information communicated by electronic means.
10/128
010
SUD DVIS
Protects the privacy of individuals about whom the federal government has information. Regulates
agencies’ use and disclosure of data, and gives individuals access to and a means to correct
inaccuracies.
udw no “aiasd lanoine
pomis aith-Mani
101
Requires health-care providers and health-care plans to inform patients of their privacy rights and of
for purposes unrelated to health care or disclosed without permission.
how their personal medical information may be used. States that medical records may not be used
Increases government authority to monitor Internet activities and to access personal financial and
student information. Law enforcement officials can obtain phone data about targeted individuals
from private phone companies.
paslasCHAPTER 4 Constitutional Law
Conflict Resolved
In the Conflict Presented feature at the beginning of this chapter,
Marvin owns an acre of land on which a billboard stands. He rents
the billboard to Discount Mart. His land is within the limits of Centre
City. A city ordinance prohibits signs that are not on the advertiser’s property if
the signs are visible from a nearby interstate highway. The ordinance is intended
to make the city more visually appealing and to prevent distractions that might
cause car accidents. Discount Mart files a lawsuit against the city, challenging the
ordinance as a violation of the First Amendment.
Is Centre City’s ordinance valid? Yes. A government can regulate commercial
speech if the regulation is reasonable. The regulation must implement a substantial
government interest, directly advance that interest, and go no further than necessary
to accomplish its objective.
Here, Centre City restricts billboard advertising to beautify the city and to prevent
accidents. These legitimate government interests are directly advanced by the
ordinance. Lastly, the ordinance’s sign-location restriction prevents it from going further
than necessary to accomplish its objective.
Linking Business Law to Your Career
PRETEXTING AND MARKETING
If you work in marketing or sales, gath-
ering and obtaining information about
your current and target customers will
be a significant part of your position.
There are many legitimate strategies for
gleaning customer and market details,
such as purchasing mailing lists, install-
ing certain software on the company’s
website, and conducting social media
and phone surveys.
Because of the rising concern
over privacy rights as technology
improves, however, you will need to
be cautious how you conduct market
research and gather personal infor-
mation. One problematic research
method that you should know about
is pretexting.
1026 g in
What Is Pretexting?
A pretext is a false motive to hide the real
motive. Thus, pretexting is the process of
obtaining information by false means.
For instance, a pretexter who claims that
he is from a certain bank may ask an indi-
vidual-via the phone or e-mail-for
personal and banking data to assist him
in updating that individual’s account with
a new security system. Once important
details are given, the pretexter can sell
the information to a data broker who, in
turn, can sell it to another party, such as
your company or even an identity thief.
The Law and Pretexting
Congress has passed laws to help
deal with the potential problems of
A 07 sodura ovisul
trigin to d
ЯЗТЧАН
MMU2 #379AHO
51
pretexting, such as identity theft and
the invasion of privacy. The Gramm-
Leach-Bliley Act, for example, made
pretexting to obtain financial infor-
mation illegal. Another law-the
Telephone Records and Privacy Pro-
tection Act-prohibits someone
from using false representations to
obtain another person’s confiden-
tial phone records. The act also pro-
hibits the buying or selling of such
phone records without the owner’s
permission.
Despite these two laws, pretexting
often skirts the boundary between
legal and illegal. Thus, as a marketing
professional, be careful not to violate
any pretexting laws.eli-
on
sh
of
or
te
en
et,
-1-
e,
ht
S
y
S
n
>
6
CHAPTER 2 Ethics in Business
2-5b Outcome-Based Ethics: Utilitarianism
An evaluation of an actic
on its “good” consequen
Utilitarianism is a philosophical theory developed by Jeremy Bentham (1748-1832) utilitarianism
and modified by John Stuart Mill (1806-1873)-both British philosophers. In con-
trast to duty-based ethics, utilitarianism is outcome oriented. It focuses on the
consequences of an action, not on the nature of the action itself or on a set of moral
values or religious beliefs.
Those who apply utilitarian ethics believe that an action is morally correct when
it produces the greatest amount of good for the greatest number. When an action
requires three steps:
affects the majority adversely, it is morally wrong. Applying the utilitarian theory
1. A determination of which individuals will be affected by the action in question.
2. A cost-benefit analysis-an assessment of the negative and positive effects of
alternative actions on these individuals.
greatest positive
3. A choice among alternative actions that will produce the
benefits for the greatest number of individuals.
Highlighting the Point
International Foods Corporation (IFC) markets baby formula in developing countries.
IFC learns that mothers in those countries often mix the formula with impure water,
to make the formula go further. As a result, babies are suffering from malnutrition,
diarrhea, and in some instances, even death.
101
Is IFC in violation of the law? No. What is IFC’s ethical responsibility in this situation?
If IFC’s decision makers feel that they have an absolute duty not to harm others, then
their response will be to withdraw the product from those markets.md sinbiomas
If they approach the problem from a utilitarian perspective, they will engage in a
cost-benefit analysis. The cost of the action (the suffering and death of babies) will be
weighed against its benefit (the availability of the formula to mothers).
Having the formula available frees mothers from the task of breastfeeding and
thus allows them to work to help raise their incomes and standards of living. The s
question in a utilitarian analysis focuses on whether the benefit outweighs the cost.
2-5c Corporate Social Responsibility or phonpilchalt
Groups concerned with employee safety, consumer protection, environmental pres-
ervation, and other causes often pressure corporations to behave responsibly with
respect to these causes. That corporations have such an obligation is the concept
Career feature for more details on this topic.)
of corporate social responsibility. (See this chapter’s Linking Business Law to Your corporate social respons
The idea that corporations
may
The Stakeholder Approach One view of corporate social responsibility stresses that
corporations have a duty not just to shareholders but also to other groups affected
by corporate decisions called stakeholders. These groups include
include employees,
customers, creditors, suppliers, and the community. Sometimes, one of these groups
have a greater stake in a company decision than shareholders do.
EXAMPLE 2.5 To reduce labor costs without laying off its employees, Ellis, Inc.,
implements four-day workweeks, unpaid vacations and voluntary wage freezes, and
flexible work schedules. These options can be in the best interests of many of Ellis’s
stakeholders, including its employees and the community in which it does business.
cost-benefit analysis
Weighing the costs of a c
action against the benefi
Corporate Citizenship Another theory of social responsibility argues that corporations
should promote goals that society deems worthwhile and take steps toward solving
act ethically and be accour
for their actions.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
SAND
2-5a Duty-Based Ethics
Duty-based ethical standards often are derived from revealed truths, such as reli-
gious precepts. They can also be derived through philosophical reasoning.
Religion In the Judeo-Christian tradition, which is the dominant religious tradition
in the United States, the Ten Commandments of the Old Testament establish
revealed truth. Religious rules generally are absolute with respect to the behavior
fundamental rules for moral action. Other religions have their own sources of
For instance, the commandment “Thou shalt not steal” is an absolute mandate
for a person who believes that the Ten Commandments reflect revealed truth. Even
a benevolent motive for stealing (such as Robin Hood’s) cannot justify the act,
because the act itself is inherently immoral and thus wrong.
element of com-
Ethical standards based on religious teachings also involve an
passion. EXAMPLE 2.2 It might be profitable for Sun Valley Farms to lay off Lee,
who is a less productive employee. Lee would find it difficult to get employment
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.
