UNIT SIX

Ethics and The Professional

Welcome

Any questions?

Demonstration Project

You are to write a 4-6 page double spaced paper discussing the ethical duties of attorneys in maintaining client confidentiality, considering a hypothetical situation given on the course homepage.

You are to review ABA Model Rule 1.6 and apply the rule to the scenario presented in the assignment, which deals with illegal dumping.

A link to ABA Model Rule 1.6 is on the assignment page.

Demonstration Project Grading Rubric

Student evaluated the situation by stating the pertinent facts of what happened at the meeting and identifying the options that comply with ABA MR 1.6.

Student proposed what he or she believed to be the best solution to the dilemma. Technically flawless, mechanically and grammatically correct.

Organization and structure of the paper are clear and easy to follow. Logical flow of ideas. Variety of sentence length and structure. Language rich, precise, and vivid.

Any questions?

Final Project

I hope your final papers are progressing well. If you have any questions, of course you can ask me any time via e-mail.

All of you have chosen very interesting topics and I look forward to reading your final papers.

Next week the first draft of your paper is due.

Although as I said you may ask me questions any time about your paper, this will be your one and only opportunity to have me review a complete draft.

Any questions about your final papers? 

Final Project Rubric

Through his or her research, the student identified and analyzed common themes and critical issues related to the chosen research topic.

The student then synthesized his or her research completely by proposing recommendations for improvements to practice and hypothesizing impacts to the profession.

Technically flawless, mechanically and grammatically correct. Organization and structure of the paper are clear and easy to follow. Logical flow of ideas. Variety of sentence length and structure. Language rich, precise, and vivid.

A Look Ahead – Practicum

Let’s briefly discuss unit eight’s assignment in case you want to get started. Unit eight’s assignment is a little different and involves group work. I will divide you into two groups by the end of unit six.

For this assignment, you will be divided into two groups to create a group presentation and also write an individual paper, both of which are due in unit eight.

During unit seven, you will collaborate with your classmates on a discussion board created for your group.

In the Unit 8 Town Hall Meeting, a formal debate on the topic will take place, with the "pro" group presenting first. I will moderate the debate, giving each side ample time to present its group position on the issue – plan for about 15 minutes for your presentation and then we will have a debate.

Each group is to pick a leader, or moderator, who will create the page with input from the entire group. I will ask the moderator about the level and quality of input each team member gave before assigning grades.

You are all graduate students and I expect you to be able to divide roles and handle any disputes yourselves.

Practicum

The topic you will examine is one you have already given some thought to – whether it is ethical to clone a human.

One side will argue that is ethical and one side will argue that it is not.

Your team should create a PPT presentation and e-mail it to me NO LATER than Friday at noon ET before the unit eight seminar. I will then load the presentation for you. Please note you will not be able to speak, but you can type comments during seminar to go along with your presentation.

I will assign which position your group will take. Even if you do not agree with the position you are assigned, remember that all professionals, especially legal professionals must sometimes advocate for something in which they do not believe. Moreover, you must know both sides of an issue to be able to speak knowledgably about it.

Practicum

As I mentioned, in week eight you will also have an individual paper due.

The paper will be 1-2 pages setting forth your group's position and their analysis of the five (5) sources each student located to support his or her group's position.

I know most of you probably haven’t looked at the assignment yet, which is fine. I just want to put it on your radar screen so that you can get started. With everyone’s busy schedules it may take a while to create your page so I want to give you a couple of weeks to get the project done.

Practicum

Look for an announcement in the next couple of days about your team and which side you will be taking.

Please let me know as soon as you decide who your group leader will be.

Volunteers are appreciated!

You may want to exchange AIM names and your primary e-mail address, and perhaps even phone numbers, with your teammates.

You may also use the cyber café and “chat” option on course homepage to discuss the assignment with your teammates.

Discrimination

Let’s begin with a brief review of some concepts from this week’s reading before moving on to discuss our ethical issue for the evening.

How would you define discrimination in employment?

Discrimination

According to your text, discrimination in employment is when an employer “makes an adverse decision regarding an employee or job applicant based on his or her membership in a certain group.”

How can you determine whether discrimination has occurred?

Discrimination

Determining whether discrimination occurs in employment depends, according to the authors of your text, on three basic facts:

a. whether the decision in some way harms or disadvantages the employee or job applicant;

b. whether the decision is based on an employee’s or job applicant’s membership in a certain group, rather than individual merit; and

c. whether the decision rests on prejudice, false stereotypes, or the assumption that the group is in some way inferior and thus deserving of unequal treatment.

Discrimination

I think we all agree that it is immoral to discriminate in employment.

What might a utilitarian say about discrimination?

Discrimination

A Utilitarian would say that an action (or rule) is right only if there is no other act (or rule) that would produce a greater amount of whatever consequence that the utilitarian is focusing on (e.g., happiness, preferences, welfare).

Since acts (or rules) that do not discriminate result in less harm than those that do, it follows that discrimination is wrong.

Discrimination

What might a Kantian say about discrimination?

Discrimination

A Kantian would likely say that if one attempted to universalize a maxim advocating discrimination, the resulting maxim would violate the first reformulation of the categorical imperative given by your text - namely, that an action is right only if the agent would be willing to be so treated were the positions of the parties reversed.

Presumably, no one (who was rational) would be willing to be discriminated against on the basis of gender or race.

Discrimination

Do you think that moral rights in general are violated by employment discrimination?

Discrimination

On the assumption that there are moral rights, then people have these rights not because of their gender or race, but simply in virtue of being human. There seems to be a moral right to be treated fairly, and discrimination on the basis of gender or race is, by its very nature, unfair.

Thus, moral rights are violated by discrimination on the basis of gender or race.

Any questions?

Dismissal

Your text stated that "Employers...may dismiss their employees...for good cause, for no cause, or even for cause morally wrong.”

What is this doctrine called?

Employment At Will

This is called the employment at will doctrine. It is pretty self-explanatory and basically means that an employer may fire an employee for practically any reason at any time.

But, let’s say a new boss is hired who is Native American. He fires all of the white employees because he wants to replace them with other Native Americans like himself.

Would he be protected under the employment at will doctrine?

Employment At Will

No, because it is illegal to base a personnel decision on race.

Employment At Will

But, what if a new supervisor is hired and he decides to crack down on lunch breaks lasting more than an hour.

The previous supervisor never cared if employees took extended lunches once or twice a week because he thought it was good for morale.

The new supervisor circulates a memo his first week in his new position stating that any employee who takes a lunch break lasting more than hour will be fired. That very week Mike and Sam, who happen to be the only Asian employees in the company, take a one and a half hour lunch break. They are promptly fired.

Would this be allowable under the employment at will doctrine?

Employment At Will

Yes, it would be as long as the supervisor did not base his decision on Mike and Sam’s race.

I practice employment law, and I often get calls from employees claiming that they were “unjustly fired.” This even happened once when a delivery person from Coke was fired after he was seen drinking a Pepsi while wearing a Coke uniform and driving a Coke truck.

Unfortunately, I usually have to tell the caller that under the employment-at-will doctrine they have no case.

What Do You Think?

What do you think of the employment-at-will doctrine?

Do you think it is ethical to be able to fire an employee for basically any non-discriminatory reason or do you think employees should be entitled to some due process before being fired?

What Do You Think?

You may find it interesting that employees of the federal government and most other government employees are not subject to the employment at will doctrine once they are past their probationary period.

If the federal government wants to fire most non-probationary employees they must tell the employee why their removal is being proposed and give the employee an opportunity to improve – usually ninety days.

Does this seem fair to you? Do you think that morally a similar system should be imposed on the private sector?

Death Penalty

Now, let’s switch gears a little bit and discuss whether you believe the death penalty is moral.

Goodbye

Any questions before we close?

Remember to look for an announcement regarding your teams and get started as soon as possible!