Week 3 – Case Study

LAWS 420

Professor Melinda Whitman

09/22/2013

What are the moral issues in this case? What ideals, obligations, and consequences must Carla Lombard consider? What rights, if any, are at stake? Will it make a difference whether Carla adopts a Kantian approach or a utilitarian approach to this situation?
Over the years, this country has been confronted with many legal and ethical issues that surround the AIDs epidemic, and the workplace has certainly found itself at the center of these legal and ethical questions. Carla must consider many things when dealing with her situation with Tom, and most certainly the first one would be, “how do I determine if this information is even true”? Carla came by this so called information second hand, from an ex-spouse of all people, so she should first find out if the information is even true, and to do this she must go to Tom and tell him what his ex-wife told her. Carla knows Tom to be a valuable employee, and out of respect for Tom she should make him aware of the fact this is being “reported” to her. What if this turns out to be malicious slander on the part of Tom’s ex-wife, and even if it’s true, Tom has the right to privacy on many levels. Whether or not Tom chooses to disclose this information to Carla is strictly up to him. By law, an individual has no legal obligation to tell an employer that he has AIDS unless his or her job could expose others to blood or bodily fluids, and even then, the employee should consult their local advocacy agency or group for advice. (Schneider. 1989)
While it is true, that Carla’s business could possibly suffer as a result of keeping Tom out front, handling food, etc., due to the nature of so many close-minded people, Carla should consider, more than ever, that promoting Tom to management in a new location is a good idea. In that role, Tom could strive to be more of a behind-the-scenes kind of employee. And while this attempt to be seen less by customers may not be the ideal stance for a manager, neither is Tom’s illness ideal for him. The unique circumstances that they find themselves in, both Carla and Tom, can often result in unique and thoughtful changes in operation that benefit both sides. From a Kantian viewpoint, and the principle of respect for human dignity, Carla’s obligation to Tom is to approach the decisions she makes with compassion as she researches her legal and moral questions regarding her business. (Shaw, 2010) Yes, she owes Tom his privacy and dignity, but at the same time she is obligated to herself, her other employees, and her family to do the right thing for her thriving business. From a utilitarian viewpoint, Carla could see her decision to keep Tom as enhancing total social welfare; exhibiting her belief in standing by her moral and ethical choices and providing a social example in the process. (Shaw, 2010)
Do you think there already is such a thing as a mommy track? Is the idea of a mommy track a good one? Is it somehow discriminatory against women? Against men?
Yes, there seems to be a mommy track and this can sometimes be beneficial to the female executive, but more often than not, it keeps the career-minded mother who wants to balance career and family from the same ultimate success that her male counterpart enjoys. Women don’t advance proportionately in America, and this imbalance is even worse in Europe. (Williams, 1999)
There are a variety of factors that make this imbalance a trend. One of these factors is that too few women study things like engineering, science, and math; women typically don’t push as hard as men do for promotions; the biggest reason is children. No matter how well a woman balances career and family, it is still really 2 jobs, where a man is likely to come a lot closer to being responsible for just the one job, his career, and therefore is going to have more time to devote to that job. Employers realize this, as well as the fact that it costs less to have a man as CEO than it does a woman with children.
Is this discriminatory to women? Maybe, maybe not. Career women do, after all, have the choice of having children. They have the choice, and if they choose to have both a career and a family, and choose to devote the time to raising that family, then I think that they should prepare themselves for the reality that a man holding their job will almost certainly be able to devote more time and dedication to that job. For the majority of what we consider top jobs, there will always be long hours, travel, and the “extra-mile” expectation. Customers or clients don’t really care about the child of the executive and their piano recital, or little league play-off game, and won’t tolerate this kind of parental need too often. The corporation is only interested in the bottom line while trying to put a woman in the corner office, as long as her family obligations don’t’ interfere or harm in any way the bottom line. For this reason, many women don’t stay in these jobs with the tenure that a man does, no matter how qualified, talented, or educated that woman is. These same women often move into fields and jobs with more flexibility, some resort to part-time, and some stop working altogether. (Williams, 1999)
There are ways to balance career and family, but it really boils down to choices, what it is we want in our life, and whether or not we choose to have children directly impacts our choice for a career. There are organizations out there that provide virtual work, periodic work from home, and telecommuting. Part-time work can be tricky because some organizations put part-time employees in a category that is not really positive, and advancement is almost impossible.
In the end, it is up to the individual to determine if the mommy track is a positive or negative path. (Williams, 1999)

References
Schneider, W. J. (1989). AIDS in the Workplace. Journal of Occupational and Environmental Medicine, 31(10), 839-841.

Shaw, W. (2010). Cengage Advantage Books: Business Ethics: A Textbook with Cases (7th ed). Cengage Learning. Retrieved from http://devry.vitalsource.com/books/1111917590/id/P10-51

Williams, J. (1999). Unbending gender: Why family and work conflict and what to do about it. Oxford University Press.