Law and Ethics in the Business Environment

Discrimination

Dean Moore’s primary responsibility is to ensure the safety of patients and the best interests of institutions providing patient care. Therefore, any policy pertaining to the decision to furnish requested recommendations intended to bolster a student’s candidacy for a job or for subsequent educational opportunities is not to misstate, obscure, or omit the truth about any situation or circumstance that deprives other entities or institutions of the necessary information to accurately assess a candidates suitability for employment in the nursing field. In that regard, the consequences of providing a letter of recommendation that does not include the circumstances of Ms. Hall’s departure from NBSU include significant civil liability in the event that omission allows her to secure a position through which she harms patients (Halbert & Ingulli, 2007).

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In order for Ms. Hall to establish any type of discrimination, she would have to demonstrate that Dean Moore’s decision was predicated on an impermissible basis such as race or gender. Likewise, because truth is an affirmative defense to any claim of defamation, the factual record establishing the actual circumstances of Ms. Hall’s departure from NBSU would shield her from any possible liability in connection with defaming Ms. Hall by publishing the truth in any letter of recommendation (Dershowitz,

2002).

In reality, Dean Moore’s refusal was not the result of any prejudicial or otherwise impermissible basis. Nevertheless, the dean’s strongest possible position would be to offer to write the requested letter but to inform Ms. Hall that any such letter would necessarily, as a matter of social responsibility and sound public policy, have to include a description of the circumstances of Ms. Hall’s departure from NBSU in conjunction with an objective and fair description of her actual academic performance and technical competence. Even if her refusal to provide any letter is justified, defending a discrimination lawsuit is expensive and potentially damaging to the institution. On the other hand, there is no such thing as a legal claim arising from someone’s refusal to lie and any suit brought by Ms. Hall based on the dean’s insistence on full disclosure would almost certainly be dismissed summarily without the cost and negative publicity of litigation.

References

Dershowitz, a. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:

Simon & Schuster.

Halbert, T, Ingulli, E. (2007). Law & Ethics in the Business Environment. Cincinnati,

OH: West.


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 Law and ethics in the business environment

Running Head: ETHICAL PAPER ON C.H.ROBINSON CORPORATION 1

 

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ETHICAL PAPER ON C.H.ROBINSON CORPORATION 4

 

 

Ethical Paper on C.H.Robinson Corporation

Akili Bryan Polee

Scranton University

MGT 601 Responsibility, Sustainability and Justice

8/18/2012 INTRODUCTION

C.H. Robinson Worldwide, Inc is based in North America and it has offices in Europe, Asia, Australia Middle East and South America. It is among the largest third-party logistics providers. It operates in the United States, Mexico, Canada, Mexico, Europe, Asia and South America. The corporation operates in three sectors namely: multimodal transportation services accounting for 88% of the firm’s gross profits, fresh produce sourcing accounting for 8% of the firm’s gross profit and information services accounting for 4% of the gross profits (Plunkett, 2009).

The company has one of the worlds largest networks of motor carrier capacity in the world, which is maintained through contracts with about 48 000 carriers. The company has served more than 29 000 customers and has handled about six million five hundred thousand shipments annually. The types of business that the company does are: Freight logistics, expedited service, produce sourcing, third party logistics and warehouse and distribution services. The affiliates of the company are: CHREX, T-check Systems, Inc and our world. CHREX provides is one of the largest capacity providers in the expedited market. It contracts air carriers and special purpose motor carriers which provide temperature-controlled and less -than -truck load services.

 

Social responsibility

The company’s mission shows that the organization cares more about the people environment and the quality of services provided to the people. The company therefore ensures that, as it undertakes its operational activities, it also protects the environment. The organization has put up policies that are aimed towards reducing carbon emission, and reducing consumption of fuel. It has also agreed to the international standards that were put in place to protect the environment from the emissions that proved to be hazardous to the environment. The company’s concern is basically delivering unique value to its customers and its suppliers. The company has based their success on the employees’, customers’, community’s, contract careers’ and suppliers and the entire world’s health. Due to the company’s concern of the well being of its stakeholders, the company has supported great courses and has given back to the society. The company has used its resources to invest in programs that have made a positive impact to the society.

In its giving back to the employees and community at large, the corporation created the C.H Robinson Worldwide Foundation that provides philanthropic support to its communities and into the future through all types of economic and business climates. The foundations purpose is to ensure that the communities continue to be great places to live and work. The corporation also provides support to hundreds of organisations annually. Priority is focused on the organisations that can offer employee engagement opportunities and the programs which expand educational success for at-risk youth, expand and improve access to affordable housing, focus on areas of health and prevent hunger by providing food assistance.

The organizations that are supported are located within Minneapolis-St. Paul metropolitan area and the greater Minnesota. The foundation also supports charitable interests of its employees through the charitable match programs. The corporation gives locally and regionally through the offices that are found around the world. Each of the offices around the world participates in its own charitable programs.

The company’s products are eco-friendly, for instance the new organic line that it introduced for the purpose of supporting healthy lifestyles and sustainability. The organisations’ “World organics” promotes an environmentally-friendly products and it also supports activities that have lead to long-term agricultural practices that minimize negative impact to the environment.

The company also publishes its environmental performance and makes the results public for the customers and the stakeholders to get a glimpse of the company’s performance. The company publishes its carbon profile which is the publishing of t he organisations overall amount of carbon dioxide and the other greenhouse gas emissions that are associated with the companies products, and also the supply chain of the company.

Sustainability

For the organisation, sustainability is incorporated in the organisation’s business approach. Through sustainability the organisation has added value, improved efficiencies, invested in long term success of its customers and has contracted carriers, suppliers and the community at large. The company has helped its customers increase efficiency by being the third party transportation and logistics provider. The organisation has also reduced the distance from the farm to the customers table by the use o f its produce programs. The success of the organisation is believed to be dependent on the community’s health and success.

Ethics

C.H. Robinson Worldwide, Inc. Code that has to be complied with by every employee reflects the company’s culture and the companies abiding to do what is right. All the companies’ employees and directors are required to know the code of conduct and adhere to them. The codes of conduct are inline with the laws of the area of operation’s laws. The region’s legal department is to be contacted in case of conflicts between the code of ethics of the organisation and the laws of the country in which business is done. The policies cover a wide number of issues. They generally protect the entire stakeholders and ensure the well being of the society.

Areas covered by the policies

The policy ensures that there is protection of confidential information, company property and information assets. In this policy, the information assets and the third party’s confidential information are protected. The confidential information includes the non-public information, financial information, operational information and any other sensitive information. All employees of the organisation are considered to be the users of the information.

They are the ones who are therefore responsible for the protection of the information from being misused. Informational assets such as the organisations business, marketing, financial and service plans associated with products, internal data bases, personal data, trade secrets and patents are protected from misuse by the employees who are the custodians of the information. The information is not to be disclosed even to the family members. In case of information belonging to third party, the employee is not to disclose any confidential information of such a party unless express written permission of such third party is granted.

One of the policies is also meant to protect the company property. The property owned by the company is property such as personal property, real property, intellectual property, technology databases and trade secrets among others. The company’s property is to be properly used and safeguarded by the company’s employers and employees alike. The employees must not engage in activities that have conflicting interest with the interest of the company, C.H. Robinson. The employees are not to act in a way that would affect their objectivity in performing the company’s responsibilities. The employees should also not engage in other outside employment that would conflict with C.H. Robinson’s business hours. The employees are not allowed to use the company’s materials, time and other assets in connection with outside employment or business interest.

It is against the company’s policy to use misleading advertising or promotional give-a-ways in the name of marketing the company’s products. The techniques of advertising could only be used only if they are lawful and do not deceive the larger society. This among other ethical policies that were developed by the company was meant to protect the company’s stakeholders.

The records management and retention policy provides the companies employees with management guidelines, handling guidelines and guidelines on how to dispose the company’s documents and information. The purpose of the policy is to ensure that the company complies with the applicable federal laws and the regulations that are set. The policy also ensures that the companies needs of accessing the businesses document and records for a period of time. The company should retain and store its documents in an efficient and cost effective way. The company manages this by the companies legal department establishes, maintains and implements a comprehensive records retention schedule that is always updated and modified. The department also approves uniform practice and management guidelines for maintenance and destruction of three company’s documents.

When the record retention policy is adhered to, the following objectives are met: The records necessary for business processes are retained for availability when needed. The records that will be required to support the company’s compliance with the applicable state laws and regulations will be developed for the required period.

The policy on electronic data and communications of the company has provided electronic systems and service which include the internet, mobile phone access, messaging system and other forms of communication used as tools for carrying company business. The tools should be used ethically by the people privileged and approved to use the tools by the management due to the job responsibility.

The accessibility of the tools should not interfere with interests of the company. The company provides its employees with internet, e-mail, instant messaging and other electronic systems only for business purposes. The users of the tools represent the company and they should represent the company’s interest and uphold the company’s code of conduct even while using the said tools by using the tools in an ethical manner.

While on the social networks, the discussions and the activities being carried out on the sites are subjected to the company’s policies. The users are therefore held responsible for the writings and postings on the sites. The blogger should make it clear to the other readers that whatever expressed is a personal view and that they do not reflect the company’s views. The user profit social tools are supposed to be respectful of the company’s employees, customers and everybody else including the company’s competitors.

In 2009 the company received an environmental award which recognised the company’s commitment to reducing carbon dioxide emissions, decreasing highway congestions and conserving fossil fuel. The company also partnered with Cascade Sierra solutions an organisation that is committed to reduce motor fuel consumption and carbon emissions by improving aerodynamics through the customer match Program that matches its customer’s donations to cascade sierra solutions.

C.H. Robinson prohibits any money laundering form. The company’s employees are not allowed to participate in any transaction which involves funds that employees suspect to have been illegally obtained. On suspecting any illegal money, the employees are supposed to refuse to participate in the transaction and thereafter report the matter to the legal department.

The code of ethics of the company has put into consideration the fair treatment in terms of employment opportunities, training, promotion and compensation. Through its Non-Discrimination and Anti-harassment policy, the company provides equal opportunities and fair treatment with no regard to the person’s race, gender, marital status, sexual orientation, colour and religion. The organisation accommodates applicants and employees with disabilities but with the necessary qualifications.

To ensure all persons are treated equally, the Anti harassment policy is upheld by the company though the supervisors who are to ensure that there are no activities allowed to take place whereas the activities are intimidating, offensive or harassing to any protected category. Most hostile environment suites are usually claims of discrimination based on sex. Sexual harassment are a very complicated issue and oftentimes they take various dimensions, all of which are protected in C.H. Robinson’s policies. An example of a case is sexual harassment whereby in the court it was found that in a guy’s locker room, there was sexually explicit comments that were not directly aimed towards the plaintiff (Halbert and inqulli, 2011).The violators of the policy are subject a disciplinary action which may be as severe as termination of the violator from working with the organisation.

The employee aware of violations of any kind is supposed to report the situation so that the management or the concerned department may investigate and address the issue appropriately. The organisation policy, to comply with the federal constitutions of the constitutions of the countries in which the organisation is carrying out business, upholds the host countries laws and interest. The organizations employees are subject to complying with the Foreign Corrupt Practices Act (FCPA) and C.H Robinson internal accounting controls.

The benefits that accrue to the organisation due to the current approach it has on the level of ethics, environment and social performance is that, the company has improved the brand image. The company has also done away with the costs that are usually associated with the law suites. It does operate and conform to the laws of the country that it is operating in. The company has also won the trust of the stakeholders as it makes public it move towards protecting the larger environment.

 

Conclusion and way forward

In conclusion, C.H. Robinson Worldwide, Inc which is the largest third-party logistics providers is worldly admired as having one of the world’s largest networks of motor carrier capacity in the world. That is maintained through contracts with about 48 000 carriers. The company’s mission is proof that the organisation cares more about the people’s environment. It also proves that the company cares about the quality of services provided to the people and the general populations well being. The company gives back to the employees and the community at large. The corporation created the C.H Robinson Worldwide Foundation so as provide philanthropic support to its communities. The organisations that are supported by the foundation are located within Minneapolis-St. Paul metropolitan area and the greater Minnesota. The company’s products are eco-friendly, and that fact shows that the company cares for the environment and the ecological system.

The company publishes its environmental performance and makes the results public for the customers and the stakeholders to get a glimpse of the company’s performance. For the organisation, sustainability is incorporated in the organisation’s business approach. The policy ensures that there is protection of confidential information, company property and information assets. They are the ones who are therefore responsible for the protection of the information from being misused. Informational assets such as the organisations one of the policies is also meant to protect the company property. The property owned by the company is property such as personal property, real property, intellectual property, technology databases and trade secrets among others It is against the company’s policy to use misleading advertising or promotional give-a-ways in the name of marketing the company’s products.

When the record retention policy is adhered to, the organisation is then able to know its performance in the market and it is able to study its trends and progress. The records necessary for business processes are retained for availability when needed. While on the social networks, the discussions and the activities being carried out on the sites are subjected to the company’s policies To improve the company’s ethical, social as well as environmental performance, the organisation should maintain the stand it has on the policies it has and to be on the look out of the trends of business in the industry. The company should impose more strict rules and punishments for those who do not adhere to the company’s policies.

 

 

 

Reference

Plunkett, J. W. (2009). Plunkett’s transportation, supply chain & logistics industry almanac 2009: The only comprehensive guide to the business of transportation, supply chain and logistics management. Houston, TX: Plunkett Research Ltd.

Halbert, T., & Ingulli, E. (2011). Law and ethics in the business environment. Mason OH: South WesternEducational Publ.


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