Workplace Issues - Essay Example

Workplace Issues Drug Testing in the Workplace Under federal law, and many laws, most private employers may adopt and implement a drug testing policy (Texas Workforce Commission, 2008). However, for federal government employees, testing of prospective and current employees may be at times prohibited. If the employee is not working in an area that "involves public safety or sensitive government policies", the courts may disallow drug testing (Bergman and Berman-Barrett, 2008, p.70). Limiting drug testing is based on the provisions of probable cause, and the search and seizure protections in the constitution.

The federal government justifies drug testing using the legal theory that the potential for harm must outweigh the damage inflicted by the subjects loss of constitutional rights. In any event, employees in private employment should have the same protections as a government employee. Without probable cause, IE obvious intoxication, the employee should not have to submit to an invasive search of his blood or breath. Only when the use of drugs could endanger the public, such as an airline pilot, should the entire profession be subjected to the waiving of their constitutional rights and forced to submit to a test.

CompensationEmployees are protected from discrimination in their compensation based primarily on the Equal Pay Act of 1963 (Equal pay and compensation discrimination, 2009). The 1963 act was meant to target gender discrimination, but subsequent acts have focused on minority status, age, and disabilities (Equal pay and compensation discrimination, 2009). The 1963 Act prohibits paying different rates of pay based on gender when the employees are equal in skill, effort, and responsibility (Equal pay act of 1963, 2009).

Women have argued for gender equality, and the 1963 Act was keeping with our countrys tradition of fairness, and reflected a fundamental shift away from the traditional roles of men and women (Persily, Citrin, and Egan, 2008, p.158). However, the equality of pay also depresses overall wages, and benefits business the most. Artificially higher pay for women attracts more women to the labor pool, and this surplus of labor drives down wages (Sowell, 2004, p.163). The fact that we have complied with the principles of gender equality does not fairly compensate for the economic loss incurred in the labor market, and gender should not be considered as a criterion for pay equality.

Whistle Blowing When employees are faced with workplace corruption, criminal activity, or violations of health standards, it is generally thought to be honorable to stand up for right and report the violations to the proper authorities. OSHA has provisions for protecting employees that report health and safety violations, and the federal government has the Whistleblower Protection Act, which is designed to protect employees from recriminations in the workplace when they report questionable activities (The whistleblower protection program, 2008; Whitaker, 2007, p.2). These are effective laws in regards to federal employees, and serves to save the taxpayer wasted funds, as well as curtailing corruption.

However, while there is some honor in reporting bad employer behavior, it is important to note that business ethics are contextual and will vary from business to business, culture to culture, and industry to industry, and encouraging a whistle blowing decision places the employee in a position that they are probably unqualified to fill (Frederick, 2008, p.41). There should be limits as to the protections that are required of a private employer to inhibit the potential for witch hunts. A disgruntled employee does not get legal protection if they publicly announce that their companys product tastes bad, and they should not receive special protection for tuning in their employer on a variety of other ethical issues.

Employees need to recognize the fact that doing the right thing sometimes involves a significant risk, and may come at a great personal cost. ReferencesBergman, P., & Berman-Barrette, S. J. (2008). The criminal law handbook. Berkeley, CA: Nolo. Equal pay act of 1963 (2009). Retrieved May 19, 2009, from http://www.eeoc.gov/types/epa.htmlEqual pay and compensation discrimination (2009). Retrieved May 19, 2009, from http://www.eeoc.gov/types/epa.htmlFrederick, R. E. (2008). A companion to business ethics.

Oxford UK: Blackwell Publishers. Persily, N., Citrin, J., & Egan, P. J. (2008). Public opinion and constitutional controversy. Oxford UK: Oxford University Press. Sowell, T. (2004). Basic economics: A citizens guide to the economy. Cambridge, MA: Basic Books. Texas Workforce Commission. (2008). Especially for Texas employers. Austin, TX: Author. Retrieved May 19, 2009, from http://www.twc.state.tx.us/news/efte/tocmain.htmlThe whistleblower protection program (2008). Retrieved May 19, 2009, from http://www.osha.gov/dep/oia/whistleblower/index.

htmlWhitaker, L. P. (2007). The Whistleblower Protection Act: An overview. Washington, DC: Congressional Research Service.