1.You just had one of those days?exciting and overwhelming. As your company's director of human relations, you have dealt with an employee asking how much leave he can take when his wife has their first baby next month. A phone call from the company's CFO involved discussions of potential layoffs in order to "make the budget." A group of employees came to meet with you, and they indicated they were talking with union organizers as a way to combat the company's policy of monitoring phone calls and e-mail messages. Another group of employees expressed their feelings that they were not being paid for all the time they worked.
Before heading home, you take a few minutes to reflect and ask yourself the following questions:
How is the workday calculated?
What legal requirements have to be met before layoffs can occur?
What is the company's responsibility to educate employees about their rights under the Family and Medical Leave Act?
Can your company properly monitor its employees' phone calls and e-mail messages?
Is it possible to prohibit employees from joining a union?
How would having a unionized workforce change the way you do your job?
2. Martel, a competent male secretary to the president of ICU, was fired because the new president of the company believed it is more appropriate to have a female secretary.
(a) Has a violation of the law occurred?
(b) Assume that a violation of the law has occurred and Martel decided to take an extended vacation after he was fired. Upon his return seven months later, Martel filed suit in federal district court against ICU, charging illegal discrimination under the Civil Rights Act of 1964. What remedies will be available to him under the act?© BrainMass Inc. brainmass.com October 16, 2018, 8:31 pm ad1c9bdddf
1. You just had one of those days?exciting and overwhelming. As your company's director of human relations, you have dealt with an employee asking how much leave he can take when his wife has their first baby next month. A phone call from the company's CFO involved discussions of potential layoffs in order to "make the budget." A group of employees came to meet with you, and they indicated they were talking with union organizers as a way to combat the company's policy of monitoring phone calls and e-mail messages. Another group of employees expressed their feelings that they were not being paid for all the time they worked.
Before heading home, you take a few minutes to reflect and ask yourself the following questions:
How is the workday calculated?
How a workday is calculated depends on the company policies, fair labor laws, and type of workday the employee is required to work. For instance, you have a "normal workday" which is 8 hours (9 if you have an hour lunch, 8 1/2 if you have a half hour lunch). There are the 9/80 work weeks which would mean your workday would be a 10 hour work day with an hour lunch, or a 9 1/2 hour work day with a 1/2 hour lunch. There are 4/10 workdays which are 4 11 hour days with one hour lunches (or 4 10 1/2 hour work days with a 1/2 hour lunch). Depending on the state or your employee classification, anything over 8 hours could be considered overtime worked or anything over a 40 hour week would be considered overtime as well. Again, it depends on the state in which you are employed. Another example is a fireman or nurse. Their workdays are 12 and 24 hour shifts and in some cases 72 hour shifts. In the case of the scenario above, I think it would be safe to say that the staff are all hourly and will be paid for an 8 hour day starting from 8 and ending at 5pm with a one hour lunch and two fifteen minute breaks throughout the day. They will be paid for the breaks, but the ...
You just had one of those days?exciting and overwhelming. As your company's director of human relations, you have dealt with an employee asking how much leave he can take when his wife has their first baby next month. A phone call from the company's CFO involved discussions of potential layoffs in order to "make the budget." A group of employees came to meet with you, and they indicated they were talking with union organizers as a way to combat the company's policy of monitoring phone calls and e-mail messages. Another group of employees expressed their feelings that they were not being paid for all the time
APA Code of Ethics in a Scenario
Could you do an "objective response" conversation and without being too personal and briefly share your thoughts or comments on this person's discussion as your critique this person's discussion. In your responses, offer your support or explain why you do not agree with this person's opinions by citing the Code of Ethics or other professional documents as support.
For this discussion, this person read the APA Ethical Principles of Psychologists and Code of Conduct, and then they will choose at least two standards to explore. This person will choose one from Section 10 - Therapy, and one from another section. Especially focusing on these sections:
• 2 - Competence.
• 3 - Human Relations.
• 4 - Privacy and Confidentiality.
• 5 - Advertising and Other Public Statements.
• 6 - Record Keeping and Fees.
For the two standards that this person will choose, this person will address the following:
• Name the section of the Code you are going to discuss.
• What are the basic values expressed in the standard you chose? For example, in 10.05 Sexual Intimacies With Current Therapy Clients/Patients, the Code states, "Psychologists do not engage in sexual intimacies with current therapy clients/patients." One principle illustrated by this standard is Principle A, Beneficence and Nonmaleficence.
• Explain how breaking the standard you chose might endanger the value it encompasses. For example, how would a sexual relationship cause harm to a client?
• Apply the standard to a real-life situation (or a scenario you create) to illustrate how it would apply to a psychologist in practice.
• Are there limits to the standard? For example, using 10.05 from above, would it be ethical to have sexual intimacy with non-current clients? Explain your reasoning, and back up your opinion by showing support from other sections of the Code, whenever possible.
• Are there modifications or changes you might suggest to this particular item? Is there a need to keep this part of the Code? Explain your thinking.
This person will be sure to discuss one standard from Section 10 and one from another section, following the outline above for both standards you discuss.
Here is their discussion:
The Ethics Code is intended to provide guidance for psychologists and standards of professional conduct that can be applied by the APA and by other bodies that choose to adopt them. The Ethics Code is not intended to be a basis of civil liability. Whether a psychologist has violated the Ethics Code standards does not by itself determine whether the psychologist is legally liable in a court action, whether a contract is enforceable, or whether other legal consequences occur.
It is important for you as a skilled helper to be aware of these guidelines in order to provide the best possible services to clients, and to avoid harming those with whom you work. The Code provides ethical principles for professional behavior as well as standards by which psychologists should be conducting their relationships and their work. It is not a legal document, but rather a set of guidelines
2.03 Maintaining Competence
Psychologists undertake ongoing efforts to develop and maintain their competence
10.02 Therapy Involving Couples or Families
(a) When psychologists agree to provide services to several persons who have a relationship (such as spouses, significant others, or parents and children), they take reasonable steps to clarify at the outset (1) which of the individuals are clients/patients and (2) the relationship the psychologist will have with each person. This clarification includes the psychologist's role and the probable uses of the services provided or the information obtained.
(b) If it becomes apparent that psychologists may be called on to perform potentially conflicting roles (such as family therapist and then witness for one party in divorce proceedings), psychologists take reasonable steps to clarify and modify, or withdraw from, roles appropriately(American Psychological Association. (2010).
This Ethics Code applies only to psychologists' activities that are part of their scientific, educational or professional roles as psychologists. Areas covered include but are not limited to the clinical, counseling and school practice of psychology; research; teaching; supervision of trainees; public service; policy development; social intervention; development of assessment instruments; conducting assessments; educational counseling; organizational consulting; forensic activities; program design and evaluation; and administration. This Ethics Code applies to these activities across a variety of contexts, such as in person, postal, telephone, internet and other electronic transmissions. These activities shall be distinguished from the purely private conduct of psychologists, which is not within the purview of the Ethics Code.
Principle A: Beneficence and Nonmaleficence
Psychologists strive to benefit those with whom they work and take care to do no harm. In their professional actions, psychologists seek to safeguard the welfare and rights of those with whom they interact professionally and other affected persons and the welfare of animal subjects of research. When conflicts occur among psychologists' obligations or concerns, they attempt to resolve these conflicts in a responsible fashion that avoids or minimizes harm. Because psychologists' scientific and professional judgments and actions may affect the lives of others, they are alert to and guard against personal, financial, social, organizational or political factors that might lead to misuse of their influence. Psychologists strive to be aware of the possible effect of their own physical and mental health on their ability to help those with whom they work.
Principle B: Fidelity and Responsibility
Psychologists establish relationships of trust with those with whom they work. They are aware of their professional and scientific responsibilities to society and to the specific communities in which they work. Psychologists uphold professional standards of conduct, clarify their professional roles and obligations, accept appropriate responsibility for their behavior and seek to manage conflicts of interest that could lead to exploitation or harm. Psychologists consult with, refer to, or cooperate with other professionals and institutions to the extent needed to serve the best interests of those with whom they work. They are concerned about the ethical compliance of their colleagues' scientific and professional conduct. Psychologists strive to contribute a portion of their professional time for little or no compensation or personal advantage.
Principle C: Integrity
Psychologists seek to promote accuracy, honesty and truthfulness in the science, teaching and practice of psychology. In these activities psychologists do not steal, cheat or engage in fraud, subterfuge or intentional misrepresentation of fact. Psychologists strive to keep their promises and to avoid unwise or unclear commitments. In situations in which deception may be ethically justifiable to maximize benefits and minimize harm, psychologists have a serious obligation to consider the need for, the possible consequences of, and their responsibility to correct any resulting mistrust or other harmful effects that arise from the use of such techniques.
Principle D: Justice
Psychologists recognize that fairness and justice entitle all persons to access to and benefit from the contributions of psychology and to equal quality in the processes, procedures and services being conducted by psychologists. Psychologists exercise reasonable judgment and take precautions to ensure that their potential biases, the boundaries of their competence and the limitations of their expertise do not lead to or condone unjust practices.
Principle E: Respect for People's Rights and Dignity
Psychologists respect the dignity and worth of all people, and the rights of individuals to privacy, confidentiality, and self-determination. Psychologists are aware that special safeguards may be necessary to protect the rights and welfare of persons or communities whose vulnerabilities impair autonomous decision making. Psychologists are aware of and respect cultural, individual and role differences, including those based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, language and socioeconomic status and consider these factors when working with members of such groups. Psychologists try to eliminate the effect on their work of biases based on those factors, and they do not knowingly participate in or condone activities of others based upon such prejudices (American Psychological Association. (2010).
An example would be an adult client that is disabled that is brought to counseling by his parents. The client living in the home with his parents is wanting to move . The client decides to hire a lawyer and the parents want to know what is being discussed in the private session with the disabled client. This would be a conflict if the counselor is asked to testify in court. (American Psychological Association. (2010).
American Psychological Association. (2010). Ethical principles of psychologists and code of conduct. Retrieved from http://apa.org/ethics/code/index.aspxView Full Posting Details