In the business world management must make decisions to progress as a company. Decision making is a key element that every manager should be comfortable with, but from time to time there can be a factor which interferes with this process. Two of the biggest influencers in decision making are ethical beliefs and current laws. Laws obviously stand at the top of the hierarchy of how businesses should operate. It is a free market economy, but there must be clear definitions of what can and can’t happen. Usually this is more applicable to monopolies, fraud or ponzi schemes, but these laws surrounding business branch into more ethical limitations. Today, the world is changing with a whole new social atmosphere. This changing world poses new issues to businesses in who is served, who is hired and what benefits can be offered. This dives into the ethics portion of decision-making. The law sets up a framework of ethical standards which businesses should follow, but personal ethics can have a more direct influence on a person and may impact the thought process of managers. The big question is, how do ethics and law impact the way managers make decisions for their company? A smaller but related question is, how do managers take this decision based on ethics or law and effectively communicate the best course of action to communicate that to customers and employees. This paper will analyze rhetoric in the form of a business plan. Most documents reporting to management about ethical decisions follow the same framework, but delve deeper into current events in markets rather than the feasibility of a specific location or product/service. Specifically, this paper will focus on legal decisions, EEOC laws/regulations and business mission statements. These genres show the reasoning and manner of communicating managers utilize to solidify their ethical decisions within their business. After reading the peer reviews of the first draft it was clear that the introduction needed to outline the idea of this paper more clearly. Also, an explanation of the purpose behind the court decision was requested. This is understandable since the genre seems out of place. This issue is addressed within the Hobby Lobby paragraph. After these corrections this paper should more strongly show the chosen question posed in this intro. The decisions managers must make are difficult enough to start, but adding legal pressure along with their own personal beliefs can cause serious tension and stress. These issues lead to the need for research and analysis to see if a decision is feasible, legal or ethical. This paper analyzes both the necessary documents for research as well as the final decisions made by managers/businesses.
The first important writings to look at when analyzing business ethics are court decisions. Specifically, the Burwell v. Hobby Lobby Stores case is a perfect example of a business following its own ethics or beliefs while running their operations. First, a bit of a summary of the information within the case itself. The Green family, running Hobby Lobby (an arts and crafts chain), has long stated that they run their company under the same principles of their religious beliefs. Due to their Christian beliefs they do not see contraception as ethical which led to the decision to not offer birth control as a health care benefit. According to the Affordable Care Act for-profit institutions are required to supply some form of FDA approved contraception to employees. This led to the Green family suing the Secretary of the Department of Health and Human Services. Their claim was that the requirement for contraception violated the Religious Freedom Restoration Act of 1993 as well as the Free Exercise Clause of the First Amendment. According to the case the question became, “Does the Religious Freedom Restoration Act of 1993 allow a for-profit company to deny its employee’s health coverage of contraception to which the employees would otherwise be entitled based on the religious objections of the company’s owners?” (Oyez, NP). With the offered argument from the Green family the Supreme court made the decision 5-4 in favor of Hobby Lobby. Now to look at how the information is conveyed by the document. The case decision leads off with the necessary background information to give an understanding of why there is a problem. This background information is presented with specific names, date and any claims made by either party in order to give a sense of credibility to what the audience is about to read. This information is then summarized into one larger question which the Supreme Court bases their final decision off of. Following this question is the actual decision made by the supreme court. In this summarized version of the court decision, the actual majority decision is presented along with a concurring view and a dissenting view. Presenting different views and interpretations from a few of the justices not only adds to the reasoning behind the decision, but it also presents questions for the audience. The law may be final, but in situations such as this case there is a sense of uncertainty involved. The tone throughout any legal writing (including this one) sounds definite as if everything stated is an absolute fact. The structure of this case decision shows that this is not always the truth. This document is a legal one, but it is something that managers must pay attention to in their analysis of current events. In order to make an effective decision a manager must consider all past and present information. Court decisions such as the Hobby Lobby case give insight into whether or not a manager can align their own personal beliefs and their business (in this case, religious beliefs aligned with health care for employees). There is uncertainty within the Supreme Court itself. Although this was the decision for this particular case, a similar case in the future may have a different decision against the business’ religious claims.
Another genre which managers must pay attention to for business law and ethics is the Equal Employment Opportunity Commission (EEOC). To build off the last text the religious discrimination portion of their policies will be analyzed. Before looking deeper into this document some information on the EEOC is necessary. The EEOC is responsible for enforcing laws which make it illegal to discriminate based on a variety of reasons including race, gender, color, religion, sexual orientation, national origin, age or disability. The EEOC is able to investigate any charges of discrimination against employees covered by the law. They either settle the charge themselves or file a lawsuit to protect an individual’s rights. This federal group has an important role to play within business ethics. They can essentially set the standard of ethics for all applicable businesses. This plays more of a role in the employment section of business, but it can still have an impact on the decisions made by managers. Considering the document, it is more of an outline than an actual piece of writing. It is a simple set of guidelines outlining each rule or regulation regarding what is considered unlawful discrimination against religion. The piece begins with a reference and an online link to Title VII Civil Rights Act of 1964 which is the original act preventing religious discrimination. This reference to the source of the information provided is a manner of establishing credibility. Within legal writing, as well as business, having evidence and credibility is paramount for rhetoric within the disciplines. The actual written law is long winded and full of information, but this piece takes the core ideas and summarizes them. They understand that their audience is mainly made up of business professionals and managers. They are not all completely familiar with the law, so a summarized version of the act is more easily understood and the point is shared in a more clear and concise manner. The information is laid out to be guidelines which the audience is meant to follow. Once again the tone of this piece follows many other legal documents as direct, definite and serious. There is no emotion within a writing such as this. It is not an emotional appeal to sympathize with. This is a law, a fact, something that is being conveyed as an absolute constant. The EEOC’s tone and deliberative delivery make the audience (business owners/managers) understand that this is the way it is supposed to be. It is clear from this piece and all the EEOC’s pieces that ethics and law tend to go hand in hand. This is not always the case however and businesses must go the extra mile to show that they have personal values which they intend to follow.
When businesses have their own ethics or values, then they must make them public. This is done in numerous ways, but by far the most common way is to have a mission statement and a following list of values which clearly identify the company’s beliefs. This is a simple text that doesn’t have much, but it can go along with the decision-making process which businesses face when confronted with an issue. Not all businesses talk about ethics within their mission statement, so it is noteworthy to point out a company that puts emphasis on ethics. A great example of a company with a clearly defined ethical goal within their mission statement is Starbucks. Their mission statement is as follows, “to inspire and nurture the human spirit – one person, one cup and one neighborhood at a time,” (Starbucks, NP). This sounds provocative as if the company intends to change the world by playing off human nature itself. This doesn’t necessarily have to do with ethics, but then it continues to the values portion which lays out their values. To summarize they strive for a welcoming community, challenging the status quo, acting and interacting with respect and holding themselves accountable for results. The part that really emphasizes[AC1] these values is in the preface. “With our partners, our coffee and our customers at our core, we live these values,” (Starbucks, NP). The part that should be looked at is “we live these values.” Starbucks breaks away from the traditional legal approach of showing credibility and makes and emotional decree of what they believe. A mission statement acts as a manner of speech act between the business, its employees, partners and customers. They decide based on their beliefs and legal limitations and communicate it as a promise they must uphold. It is not a legally binding contract, but rather a personal promise based on the current climate of legal and ethical beliefs. Law and ethics may go hand in hand, but when it comes down to the business itself the emotional appeal of ethics is the driving factor for how they conduct their decision making.
From these three different genres there is an apparent correlation between law, ethics and decision making for business. To start, there are clear defined laws giving a baseline for the difference between ethical and legal. There is a line between what is frowned upon and what is illegal. EEOC’s documents are the prime example of this, and they force businesses to consider legal consequences before making any poor decision in the workplace or for the business overall. This is the strictest application of law and how it impacts business. The next level of legal and ethical interference can be seen through the analyzed court case. Although there are laws, there can still be some confusion about a gray area where a decision must be made. If there is question about some law that could possibly be limiting a belief in an unreasonable way then there is a chance that it can be argued against. This was evident with Hobby Lobby case in which the Supreme Court had a 5-4 decision based on the facts. The law has its limits and cannot completely interfere with beliefs (within reason of course). This allows businesses a bit of free space to uphold their values (if there is a proper argument to support the practice within business). The final level is based solely upon the business itself. If they have beliefs that influence their decisions and they want them to be known to the public, then there is a way to stress this with a mission statement. The mission statement shows customers what a company is about and reminds employees what should be valued most during day to day operations. Starbucks’ mission statement about inclusiveness and treating others with respect is a fantastic example this. Laws and legal decisions obviously have an impact on a business’ decisions. The law can limit many factors and set the minimum requirements of what is considered ethical in a business. Personal ethics and beliefs can also come into play and interfere with decisions. In some cases, one cannot let their own beliefs interfere with what is best for the business. In other situations, the ethics or beliefs someone holds can drive an entire company to the top with the values they uphold.
Burwell v. Hobby Lobby Stores. (n.d.). Oyez. Retrieved February 19, 2018, from
https://www.oyez.org/cases/2013/13-354
Facts About Religious Discrimination. (n.d.). EEOC. Retrieved February 19, 2018, from
https://www.eeoc.gov/eeoc/publications/fs-religion.cfm
Mission Statement. (n.d.). Starbucks. Retrieved February 19, 2018, from
https://www.starbucks.com/about-us/company-information/mission-statement
The first important writings to look at when analyzing business ethics are court decisions. Specifically, the Burwell v. Hobby Lobby Stores case is a perfect example of a business following its own ethics or beliefs while running their operations. First, a bit of a summary of the information within the case itself. The Green family, running Hobby Lobby (an arts and crafts chain), has long stated that they run their company under the same principles of their religious beliefs. Due to their Christian beliefs they do not see contraception as ethical which led to the decision to not offer birth control as a health care benefit. According to the Affordable Care Act for-profit institutions are required to supply some form of FDA approved contraception to employees. This led to the Green family suing the Secretary of the Department of Health and Human Services. Their claim was that the requirement for contraception violated the Religious Freedom Restoration Act of 1993 as well as the Free Exercise Clause of the First Amendment. According to the case the question became, “Does the Religious Freedom Restoration Act of 1993 allow a for-profit company to deny its employee’s health coverage of contraception to which the employees would otherwise be entitled based on the religious objections of the company’s owners?” (Oyez, NP). With the offered argument from the Green family the Supreme court made the decision 5-4 in favor of Hobby Lobby. Now to look at how the information is conveyed by the document. The case decision leads off with the necessary background information to give an understanding of why there is a problem. This background information is presented with specific names, date and any claims made by either party in order to give a sense of credibility to what the audience is about to read. This information is then summarized into one larger question which the Supreme Court bases their final decision off of. Following this question is the actual decision made by the supreme court. In this summarized version of the court decision, the actual majority decision is presented along with a concurring view and a dissenting view. Presenting different views and interpretations from a few of the justices not only adds to the reasoning behind the decision, but it also presents questions for the audience. The law may be final, but in situations such as this case there is a sense of uncertainty involved. The tone throughout any legal writing (including this one) sounds definite as if everything stated is an absolute fact. The structure of this case decision shows that this is not always the truth. This document is a legal one, but it is something that managers must pay attention to in their analysis of current events. In order to make an effective decision a manager must consider all past and present information. Court decisions such as the Hobby Lobby case give insight into whether or not a manager can align their own personal beliefs and their business (in this case, religious beliefs aligned with health care for employees). There is uncertainty within the Supreme Court itself. Although this was the decision for this particular case, a similar case in the future may have a different decision against the business’ religious claims.
Another genre which managers must pay attention to for business law and ethics is the Equal Employment Opportunity Commission (EEOC). To build off the last text the religious discrimination portion of their policies will be analyzed. Before looking deeper into this document some information on the EEOC is necessary. The EEOC is responsible for enforcing laws which make it illegal to discriminate based on a variety of reasons including race, gender, color, religion, sexual orientation, national origin, age or disability. The EEOC is able to investigate any charges of discrimination against employees covered by the law. They either settle the charge themselves or file a lawsuit to protect an individual’s rights. This federal group has an important role to play within business ethics. They can essentially set the standard of ethics for all applicable businesses. This plays more of a role in the employment section of business, but it can still have an impact on the decisions made by managers. Considering the document, it is more of an outline than an actual piece of writing. It is a simple set of guidelines outlining each rule or regulation regarding what is considered unlawful discrimination against religion. The piece begins with a reference and an online link to Title VII Civil Rights Act of 1964 which is the original act preventing religious discrimination. This reference to the source of the information provided is a manner of establishing credibility. Within legal writing, as well as business, having evidence and credibility is paramount for rhetoric within the disciplines. The actual written law is long winded and full of information, but this piece takes the core ideas and summarizes them. They understand that their audience is mainly made up of business professionals and managers. They are not all completely familiar with the law, so a summarized version of the act is more easily understood and the point is shared in a more clear and concise manner. The information is laid out to be guidelines which the audience is meant to follow. Once again the tone of this piece follows many other legal documents as direct, definite and serious. There is no emotion within a writing such as this. It is not an emotional appeal to sympathize with. This is a law, a fact, something that is being conveyed as an absolute constant. The EEOC’s tone and deliberative delivery make the audience (business owners/managers) understand that this is the way it is supposed to be. It is clear from this piece and all the EEOC’s pieces that ethics and law tend to go hand in hand. This is not always the case however and businesses must go the extra mile to show that they have personal values which they intend to follow.
When businesses have their own ethics or values, then they must make them public. This is done in numerous ways, but by far the most common way is to have a mission statement and a following list of values which clearly identify the company’s beliefs. This is a simple text that doesn’t have much, but it can go along with the decision-making process which businesses face when confronted with an issue. Not all businesses talk about ethics within their mission statement, so it is noteworthy to point out a company that puts emphasis on ethics. A great example of a company with a clearly defined ethical goal within their mission statement is Starbucks. Their mission statement is as follows, “to inspire and nurture the human spirit – one person, one cup and one neighborhood at a time,” (Starbucks, NP). This sounds provocative as if the company intends to change the world by playing off human nature itself. This doesn’t necessarily have to do with ethics, but then it continues to the values portion which lays out their values. To summarize they strive for a welcoming community, challenging the status quo, acting and interacting with respect and holding themselves accountable for results. The part that really emphasizes[AC1] these values is in the preface. “With our partners, our coffee and our customers at our core, we live these values,” (Starbucks, NP). The part that should be looked at is “we live these values.” Starbucks breaks away from the traditional legal approach of showing credibility and makes and emotional decree of what they believe. A mission statement acts as a manner of speech act between the business, its employees, partners and customers. They decide based on their beliefs and legal limitations and communicate it as a promise they must uphold. It is not a legally binding contract, but rather a personal promise based on the current climate of legal and ethical beliefs. Law and ethics may go hand in hand, but when it comes down to the business itself the emotional appeal of ethics is the driving factor for how they conduct their decision making.
From these three different genres there is an apparent correlation between law, ethics and decision making for business. To start, there are clear defined laws giving a baseline for the difference between ethical and legal. There is a line between what is frowned upon and what is illegal. EEOC’s documents are the prime example of this, and they force businesses to consider legal consequences before making any poor decision in the workplace or for the business overall. This is the strictest application of law and how it impacts business. The next level of legal and ethical interference can be seen through the analyzed court case. Although there are laws, there can still be some confusion about a gray area where a decision must be made. If there is question about some law that could possibly be limiting a belief in an unreasonable way then there is a chance that it can be argued against. This was evident with Hobby Lobby case in which the Supreme Court had a 5-4 decision based on the facts. The law has its limits and cannot completely interfere with beliefs (within reason of course). This allows businesses a bit of free space to uphold their values (if there is a proper argument to support the practice within business). The final level is based solely upon the business itself. If they have beliefs that influence their decisions and they want them to be known to the public, then there is a way to stress this with a mission statement. The mission statement shows customers what a company is about and reminds employees what should be valued most during day to day operations. Starbucks’ mission statement about inclusiveness and treating others with respect is a fantastic example this. Laws and legal decisions obviously have an impact on a business’ decisions. The law can limit many factors and set the minimum requirements of what is considered ethical in a business. Personal ethics and beliefs can also come into play and interfere with decisions. In some cases, one cannot let their own beliefs interfere with what is best for the business. In other situations, the ethics or beliefs someone holds can drive an entire company to the top with the values they uphold.
Burwell v. Hobby Lobby Stores. (n.d.). Oyez. Retrieved February 19, 2018, from
https://www.oyez.org/cases/2013/13-354
Facts About Religious Discrimination. (n.d.). EEOC. Retrieved February 19, 2018, from
https://www.eeoc.gov/eeoc/publications/fs-religion.cfm
Mission Statement. (n.d.). Starbucks. Retrieved February 19, 2018, from
https://www.starbucks.com/about-us/company-information/mission-statement