Running head: TERRI SCHIAVO THROUGH THE LENS OF BIOETHICS 1 TERRI SCHIAVO THROUGH THE LENS OF BIOETHICS 5 Terri Schiavo through the Lens of Bioethics Angela Brown Southern New Hampshire University Terri Schiavo through the Lens of Bioethics Introduction The remarkably emotional, unusually public contest over the end of Terri Schiavo exhibits a fundamental test to what numerous medical and legal ethicists have long thought to be long settled matters of care for defined persons. It is not that presently accepted methods, and the moral framework on which they are founded, are incorrect, just that they are now up for grips. A more current if so dismissive explanation, that theological and political fundamentalists have inappropriately politicized the matter, similarly breaks as a means for conjecturing the issues involved in the debate over Mrs. Schiavo’s extension or end of life Bioethical Analysis This piece reviews a variety of concerns resulting from the complicated case of Terri Schiavo and the teachings the case advances for bioethicists. It argues that fixed in the case is a larger controversy that is directly evident, one concerning the boundaries by which bioethics mediates cases of extreme dynamic and psychological boundaries, in its principled manner of address (Ditto 2006). Further, it shows that bioethicists who think the issues involved in the matter are resolved to tend to miss the point of the irrational responses it brings forth. Since her illness in 1990, Mrs. Schiavo had been considered to be in a ‘‘persistent vegetative state’’, legally described in a Florida ordinance as a ‘‘permanent and irreversible state of unconsciousness’’ of which no improvement is possible. Removal of nutrition and hydration allowing a ‘‘natural’’ death was accordingly proper in a ‘‘terminal condition’’ like Mrs. Schiavo’s where end-of-life etiquettes are lawfully allowed in Florida laws for ‘‘endstage’’ cases. Those asking for Mrs. Schiavo’s continuation held, however, her situation was just ‘‘end-stage’’ and ‘‘terminal’’ when hydration and nourishment were withdrawn. Her life could have extended for years had her watch extended. In this plan abandonment of hydration and nutrition was active death neither approved clinically nor to be allowed ethically. Clearly, advocates of her extended care deny the reasons that discontinuance of life support, prevented in all other circumstances, is admissible when physical or cognitive boundaries are defined as extreme. More concretely, some question the determination of determined vegetative position itself as problematic and open to dispute. This thought is given weight in a range of clinical researches published in current years. For some bioethicists, the details of these differences are largely unnecessary. The A self in Mrs. Schiavo’s certainly limited situation is ‘‘suffering’’ from an unacceptably least quality of life that could be ‘‘naturally’’ interrupted by the removal of hydration .

1. Running head: TERRI SCHIAVO THROUGH THE LENS OF
BIOETHICS 1
TERRI SCHIAVO THROUGH THE LENS OF BIOETHICS 5
Terri Schiavo through the Lens of Bioethics
Angela Brown
Southern New Hampshire University
Terri Schiavo through the Lens of Bioethics
Introduction
The remarkably emotional, unusually public contest over the
end of Terri Schiavo exhibits a fundamental test to what
numerous medical and legal ethicists have long thought to be
long settled matters of care for defined persons. It is not that
presently accepted methods, and the moral framework on which
they are founded, are incorrect, just that they are now up for
grips. A more current if so dismissive explanation, that
theological and political fundamentalists have inappropriately
politicized the matter, similarly breaks as a means for

2. conjecturing the issues involved in the debate over Mrs.
Schiavo’s extension or end of life
Bioethical Analysis
This piece reviews a variety of concerns resulting from the
complicated case of Terri Schiavo and the teachings the case
advances for bioethicists. It argues that fixed in the case is a
larger controversy that is directly evident, one concerning the
boundaries by which bioethics mediates cases of extreme
dynamic and psychological boundaries, in its principled manner
of address (Ditto 2006). Further, it shows that bioethicists who
think the issues involved in the matter are resolved to tend to
miss the point of the irrational responses it brings forth.
Since her illness in 1990, Mrs. Schiavo had been considered to
be in a ‘‘persistent vegetative state’’, legally described in a
Florida ordinance as a ‘‘permanent and irreversible state of
unconsciousness’’ of which no improvement is possible.
Removal of nutrition and hydration allowing a ‘‘natural’’ death
was accordingly proper in a ‘‘terminal condition’’ like Mrs.
Schiavo’s where end-of-life etiquettes are lawfully allowed in
Florida laws for ‘‘endstage’’ cases. Those asking for Mrs.
Schiavo’s continuation held, however, her situation was just
‘‘end-stage’’ and ‘‘terminal’’ when hydration and nourishment
were withdrawn.
Her life could have extended for years had her watch extended.
In this plan abandonment of hydration and nutrition was active
death neither approved clinically nor to be allowed ethically.
Clearly, advocates of her extended care deny the reasons that
discontinuance of life support, prevented in all other
circumstances, is admissible when physical or cognitive
boundaries are defined as extreme. More concretely, some
question the determination of determined vegetative position
itself as problematic and open to dispute. This thought is given
weight in a range of clinical researches published in current
years.
For some bioethicists, the details of these differences are
largely unnecessary. The A self in Mrs. Schiavo’s certainly

3. limited situation is ‘‘suffering’’ from an unacceptably least
quality of life that could be ‘‘naturally’’ interrupted by the
removal of hydration and nutrition. In such circumstances,
euthanasia is permitted and in Helga Kuhse’s words, ‘‘doctors
should be allowed to give death a helping hand’’. If all brain
function had stopped Mrs. Schiavo would not have been hurting,
however (Álvares 2016). And if she had been even slightly
awake then death by deprivation and thirst would themselves
have created suffering that cannot be confirmed.
The doctor’s ‘‘helping hand’’, supported by some bioethicists,
seen from this view is ill-disposed. To think there is no good to
maintenance because processing will be trivial, with no healing
value imposes upon the case a doctor's failure at being helpless
to do anything but keep his or her patient in a confined state.
Further, claiming that Mrs. Schiavo’s condition of life was
insufferable, and death, therefore, better to the continuation,
begs for some eugenic arguments argued in the 1920s by
Binding and Hoche in Germany.
Conclusion
These ambiguities blanch before the greater question: What is
the moral frame in which such matters should be judged?
Bioethicists who think the facts are clear and the case for their
utilization self-evident disregard the interests of those who
coherently dispute from another ethical structure. The effect
will be to marginalize their personal status, assuring their
standing as non-participants in the upright, ethical, legal, and
civic debates this case generally advances.

4. References
Ditto, P. H. (2006). What would Terri want? On the
psychological challenges of surrogate decision making. Death
Studies, 30(2), 135-148.
Álvares, C., & Fernandes, A. (2016). Giving voice to the patient
in the vegetative state: biopolitical intersections of discourses
on human life and female body. CECS-Publicações/eBooks, 69-
83.
OER HRMD 610
Week 4
Required Reading
Budd, J. W. & Colvin, A. J. (2008). Improved metrics for
workplace dispute resolution procedures: efficiency, equity,
and voice. Industrial Relations 47(3), pp. 460-479.
http://eds.a.ebscohost.com.ezproxy.umuc.edu/eds/detail/detail?
sid=1539b20c-c846-4bd2-b012-
e6b504a3694c%40sessionmgr4006&vid=
16&hid=4210&bdata=JnNpdGU9ZWRzLWxpdmUmc2NvcGU9c
2l0ZQ%3d%3d#AN=32111814&db=bth
Center for Labor Education and Research. (n.d.). Weingarten
Rights: Employee’s right to union representation. Center for
Labor Education & Research University of Hawai‘i - West
O‘ahu. Retrieved on 8/16/2016 from
http://www.hawaii.edu/uhwo
/clear/home/wein.html
Clark, A. (2015). Quality EAPs Carry Their Weight. Benefits

5. Magazine 52(12), pp. 42-47.
DeBono, K. (2014, January). Cognitive dissonance. Salem
Press Encyclopedia of Health. Retrieved on 8/16/2016 from
http://eds.b.ebscohost.com.ezproxy.
umuc.edu/eds/detail/detail?sid=056bd01b-2cba-49ee-9aa9-
375d8e999e3
b%40sessionmgr120&vid=5&hid=127&bdata=JnNpdGU9ZWRz
LWxpdm
Umc2NvcGU9c2l0ZQ%3d%3d#AN=93871844&db=ers
Donovan, K. C. (2016). 'Round up the usual suspects' and
violate the NLRA? The implications of
extending Weingarten rights to nonunionized workplaces.
Employee Relations Law Journal42(1), 51-56.
EEOC.gov (2013). Press Release--Employer Wellness Programs
Need Guidance to Avoid Discrimination: Panel of Experts Tells
EEOC of Need to Clarify Interplay between Programs, Anti-
Discrimination Laws. Retrieved on 8/16/2016
fromhttps://www.eeoc.gov/eeoc/newsroom/release/5-8-13.cfm
Lies, M. & Simonsen, C. (2015). Workplace violence putting
employers on the horns of a dilemma. Professional Safety,
60(10), p. 8.
Nagele-Piazza, L. (2016, August 1). OSHA’s Steep Penalty
Increases Take Effect: A `single willful or repeat violation can
now cost employers over $120,000. SHRM. Retrieved on
8/16/2016 from https://www.shrm.org/resourcesandtools/legal-
and-
compliance/employment-law/pages/osha-increases-
penalties.aspx
OSHA, (2016-a). Job Safety and Health: It’s the Law!
(Poster). Retrieved on 8/16/2016 from
https://www.osha.gov/Publications/osha3165-8514.pdf

6. OSHA, (2016-b). Employers Responsibility. Retrieved on
8/16/2016 from (https://www.osha.gov/as/opa/worker/employer-
responsibility.html
OSHA, (n.d.). Workplace Violence. Retrieved on 8/16/2016
from https://www.osha.gov/SLTC/workplaceviolence/
Privacy Rights Clearinghouse. (2016, April). Fact sheet 7:
Workplace privacy and employee monitoring. Retrieved on
8/16/2016 from https://www.privacyrights.
org/workplace-privacy-and-employee-monitoring
Smith, A. (2016, June 19). Time to Update Employee
Handbooks—and Sign-Off Procedures. Retrieved on 8/16/2016
from https://www.shrm.org/hr-today/news/hr-news/pages/ct-
updating-your-employee-handbook.aspx
Society for Human Resource Management. (2014). Employee
Engagement: The Newest Research and Trends, Workplace
Visions, Issue 2, SHRM. Retrieved on 8/16/2016 from
https://www.shrm.org/ResourcesAndTools/business-
solutions/Documents/14-
0373%20Workplace%20Visions%20Issue%
202%202014_FINAL.pdf
Tesch, F., & Maidment, F. (2009). Strategic organizational
diversity: A model? International Journal of Diversity in
Organisations, Communities & Nations 8(6), 55-158.
Wein, D. (2015). Worksite wellness programs offer valuable
benefits to both employers and employees. ERToday (Wiley),
41(4), 35-43.
Weiss, M. J. (2016, January). Occupational Safety and Health
Act of 1970. Salem Press Encyclopedia. Retrieved on

7. 8/16/2016 from http://eds.b.ebscohost.
com.ezproxy.umuc.edu/eds/detail/detail?sid=5b8ee7e8-6f6f-
4b9b-94cc-
6a3f947d0dc8%40sessionmgr104&vid=1&hid=127&bdata=JnNp
dGU9ZWRzLWxpdmUmc2NvcGU9c2l0ZQ%3d%3d#AN=89110
960&db=ers
On-line Links:
Note: Some of the following links will be in the course’s
Webliography and may have been provided in Weeks 2 and 3.
AAA Arbitration Glossary of Terms, Oct. 21, 2011,
https://www.adr.org/aaa
/ShowPDF?doc=ADRSTG_004198
EEOC. (n.d.). Sample Notice for Employer-Sponsored
Wellness Programs. Retrieved on 8/16/2016 from
https://www.eeoc.gov/laws/regulations/ada-wellness-notice.cfm
eLaws Poster Advisor (n.d.). Retrieved on 8/16/2016 from
http://webapps.dol.
gov/elaws/posters.htm
esgr.mil (n.d.). Employer Support of the Guard and Reserve
Act (ESGR). Retrieved on 8/16/2016 from
http://www.esgr.mil/USERRA/What-is-USERRA.aspx
FMLA Fact Sheet #28:
https://www.dol.gov/general/topic/benefits-leave/fmla
Gordon, A. J.1Weber, K. C. (2014). Forced arbitrationin
the workplace.Berkeley Journal of Employment & Labor
Law35(1/2), 1-4.
NLRB (2007). Banner Health Systems d/b/a Banner Estrella
Medical Center and James Navarro, 358 NLRB 93 (2012))
Retrieved on 8/16/2017 from https://www.nlrb.gov/case/28-CA-

8. 023438
OSHA.gov (n.d.-a). Hazard Communications (hazcom).
Retrieved on 8/17/2016 from
https://www.osha.gov/dsg/hazcom/index.html
OSHA.gov (n.d.-b). OSHA Laws and Regulations.
https://www.osha.gov/law-regs.html
You can find links to the OSHA office nearest you, OSHA
poster, OSHA form 300, and 300A, providing access to
employee medical records, OSHA inspections, and
Whistleblower Protection.
Note: You might want to set up a link to your state’s Workers’
Compensation Administrator, as well.USDOJ.gov (n.d.).
Privacy Act of 1974 (n.d.). Retrieved on 8/17/2016 from
https://www.justice.gov/opcl/privacy-act-1974
USDOL.gov, (n.d.-a). eLaws Poster Advisor. Retrieved on
8/15/2016 from elaws Poster Advisor.
USDOL.gov, (n.d.-b). USERRA Advisor. Uniformed Services
Employment and Re-employment Rights Act of 1994
(USERRA). Retrieved on 8/16/16 from
https://webapps.dol.gov/elaws/vets/userra/userra.asp
USDOL.gov, (n.d.-c). Wage and Hour Division (WHD).
Retrieved on 8/16/2016, from
https://www.dol.gov/whd/forstatelocalgovernments.htm
USDOL (n.d.-d). Workplace Violence Program. Retrieved on
8/16/2016 from
https://www.dol.gov/oasam/hrc/policies/dol-workplace-
violence-program
Background

9. · Policy, Purpose, and Scope
· Roles and Responsibilities
· Preventing Workplace Violence
· Workplace Violence Warning Signs
· Recognizing the Levels of Violence and Response
1. Level One (Early Warning Signs)
2. Level Two (Escalation of the Situation)
3. Level Three (Further Escalation – Usually Resulting in an
Emergency Response)
4. Domestic Violence
· When a Violent Event Happens on GSA-Controlled, Public, or
Private Controlled Property
· Appendix
Introduction to Week 4 – Employee Relations (Lecture)
Agenda
· Definition and relevance
· Communication
· Diversity
· Health, Safety, & Security
· Disciplinary process
· Grievance process
Definition and Relevance
The role of employee relations (ER) has been defined as
“analyzing, developing, implementing, administering and
performing ongoing evaluation of the workplace relationship
between employer and employee [and] maintain[ing] effective
relationships and working conditions that balance the

10. employer’s needs with the employees’ rights while supporting
the organization’s strategic objectives” (SHRM, 2007, p. 5-1).
Additionally, Lussier and Hendon (2016) state that this HR
specialty includes a “wide array of items” and “involves such
things as coaching, conflict resolution, counseling, and
disciplining...as needed” (pp. 20-21).
HR specialists in employee relations are involved in leadership;
team-building; as well as measuring and evaluating job
satisfaction, employee engagement, and employee
communication (Lussier & Henson, 2016). York (2010)
includes assessment of employee opinions, creation of family-
friendly workplaces, and job redesign in the list of HR duties.
Thus, employee relations interacts with and supports other
functions within the HR system.
The scope of employee relations can differ by organization. For
instance, issues related to Health, Safety, and Security (HSS)
can be discussed within the employee relations context
although, in some organizations and conceptual models, HSS
can be a separate function. In large organizations, HSS may
even be housed outside the HR department.
Although there are many facets to employee relations, our
semester schedule allows us to focus on five main areas:
communications, diversity, health/safety/security (HSS), plus
disciplinary and grievance processes.
Communications
A major activity of the employee relations specialist is
promoting effective communication: internal and external;
horizontal and vertical; written, verbal, or electronic. The
products often include but are not limited to: newsletters; policy
and procedure manuals, HR webpages, and the employee

11. handbook. The handbook is an important document because it
should not only help employees understand what is expected but
also protect the company in legal actions. A lawyer should
review it for compliance.
ER specialists may also coordinate feedback mechanisms and
data collection in analytical research, such as employee attitude
surveys, organizational climate inventories, and employee focus
groups. Arranging social events to foster good morale can also
be involved.
In addition, one important facet of HR communication is the
legal requirement to post information about employee rights.
Those requirements can change, so HR needs a procedure to
ensure that the appropriate material is used. The U.S.
Department of Labor (DOL) provides information to assist
organizations in identifying the posters they are legally required
to display. One source to consult about federal requirements is
elaws Poster Advisor. Contacts for state-required posters can be
found at state departments of labor.
Diversity
“The Bureau of Labor Statistics (BLS) projects that the next 10
years will bring about an aging labor force that is growing
slowly, a declining overall labor force participation rate, and
more diversity in the racial and ethnic composition of the labor
force” (BLS, 2013). Other types of diversity involve a variety
of skill levels and life situations.
Military status is another type of diversity that requires
attention. Military personnel are protected under the federal
Uniformed Services Employment and Reemployment Rights Act
of 1994 (USERRA). Its purpose is “to ensure that persons who
serve or have served in the Armed Forces, Reserve, National
Guard, or other uniformed Services: (1) are not disadvantaged

12. in their civilian careers because of their service; (2) are
promptly reemployed in their civilian jobs upon their return
from duty; and (3) are not discriminated against in employment
based on past, present, or future military service.” The ESGR
(Employer Support of the Guard and Reserve) arm provides
support, training, and job protection for military personnel and
the employers who have hired them. The ESGR is not an
enforcement body, but it does provide customer and ombudsman
services. (http://www.esgr.mil/USERRA/What-is-
USERRA.aspx)
HR often helps the organization exceed the legal mandates
studied earlier and capitalize on the advantages diversity offers
while avoiding the difficulties it presents. What makes a
diversity program successful?
According to Tesch and Maidment (2009), “organizations that
manage diversity well can understand their markets better,
increase creativity and innovation and improve problem
solving” (p. 96). This reduces potential risk and improves the
chances of higher ROI (return on investment). However, they
posit that major problems can occur when they have not defined
what diversity is or will be in their organization. This can lead
to confusion and a disconnect with their strategic goals (p. 96).
SHRM (2015) suggests the following key elements and
employer needs to include in a program:
· Focus not only on attracting and retaining a diverse group of
employees, but also on being inclusive. This includes being
committed to providing all employees with challenging work as
well as commitment and support in their specific jobs.
· The CEO and management team provide wholehearted support
for the program’s importance to the success of the business.
· Start with a needs assessment and an evaluation of internal
and external demographics available to feed the goals.
· Evaluate policies, benefits and employee relations programs.
· Perhaps conduct employee surveys and hold focus groups to

13. solicit and determine employee opinions.
· The CEO and management team sets specific goals and
assesses progress periodically, including productivity, morale
and retention to regularly measure the program’s success.
· Include diversity and inclusion in training programs for all
employees. Hold managers accountable (through incentive pay)
for hiring, developing and retaining a diverse staff. It may also
want to offer a mentoring program to help its diverse staff
members with their career goals (p. 1).
Dobbin and Kalev (2016) caution organizations about relying on
long-touted approaches that focus on command-and-control.
Strategies for controlling bias—which drive most diversity
efforts—have failed spectacularly since they were introduced to
promote equal opportunity. Black men have barely gained
ground in corporate management since 1985. White women
haven’t progressed since 2000. It isn’t that there aren’t enough
educated women and minorities out there—both groups have
made huge educational gains over the past two generations. The
problem is that we can’t motivate people by forcing them to get
with the program and punishing them if they don’t.
The numbers sum it up. Your organization will become less
diverse, not more, if you require managers to go to diversity
training, try to regulate their hiring and promotion decisions,
and put in a legalistic grievance system (pp. 18-19).
Instead, their research shows: “It’s more effective to engage
managers in solving the problem, increase their on-the-job
contact with female and minority workers, and promote social
accountability—the desire to look fair-minded” (p. 3). They
advocate voluntary training, involving managers in college
recruitment programs, self-managed teams, mentoring, diversity
task forces, and having diversity managers, among other
approaches (Dobbin & Kalev, 2016).

14. One of the dynamics underlying Dobbin and Kalev’s
recommendations is cognitive dissonance. When a person’s
belief and his/her behavior do not match, this “dissonance”
causes cognitive tension that needs to be resolved. There are
several ways to do that. The DeBono article in your reading list
explains the sometimes counterintuitive methods. See if you
can design diversity measures for each of those options.
Did you notice the metric used for evaluating progress?
“Numbers” of people in certain levels of positions is the
measurement. Certainly that is an important first step, but what
are the other questions that need to be answered? For instance,
how do the people feel about their jobs? How productive are
they? Is the organizational culture truly inclusive? HR is
responsible for addressing all of those dimensions.
Health, Safety, and Security (HSS)
Health
As with many HR functions and activities, health issues
encompass several facets. Overall, the objective is to protect
and promote the employee’s physical and mental health and
well-being, especially in the workplace. We’re going to focus
on two popular programs designed to address this
responsibility: Employee Assistance Programs and Wellness
Programs. (Note: Other employee health benefits, such as
medical/dental insurance, will be addressed in the
Compensation and Benefits section of the course.)
Employee Assistance Programs (EAP’s)
An EAP assists employees with work-life balance as well as
mental and physical health. These counseling services offered
through the employer were originally established to address

15. drug abuse. However, the scope has expanded over the years to
assist employees with overcoming a wide variety of personal
problems, such as: family and marital difficulties, legal issues,
career concerns, financial planning, cultural adjustments, and
other emotional issues (SHRM, 2007). Services are
confidential, and the service providers do not reveal any
individual employee information, such as names or information
about the nature of the problem. Since employee problems can
impact productivity, errors, and turnover, helping the employee
can benefit the employer as well. Your reading this week
provides more information.
Employee Wellness Programs (EWP)
“EWP’s are designed to cater to the employee’s physical,
instead of psychological, welfare through education and
training. They offer health education, training and fitness,
weight and lifestyle management, and health risk assessment
services.” (Lussier & Hendon, 2016, p. 538)
These programs also often have a return on investment (ROI) by
reducing the costs associated with short-and long-term
disability, worker’s compensation, and avoidable sick days
(Wein, 2015). One report shows that, for every dollar spent,
employers can save $2-6 in lower healthcare costs and lost
productivity costs. Effective programs are also correlated with
lower turnover (Lussier & Hendon, 2016, p. 538).
Employers, however, must be careful to adhere to the EEOC
guidelines when designing and implementing wellness
programs. Your reading indicates the various types of
discrimination that could occur. In 2016, the EEOC issued final
rules and a sample notice for employers to use; but, court cases
are anticipated (Miller, 2016).
Family and Medical Leave Act (FLMA) of 1993

16. The FMLA is a mandatory benefit providing unpaid leave when
an employee is facing a personal or family health situation.
There are criteria within the law that must be met to be eligible
for the leave, such as when the employee has a birth, adoption
of a child, or placement of a foster child in the home. The
FMLA also allows leave for an employee with a serious health
condition, as well as a spouse, child, or parent that needs a
caregiver. In these situations, the employee may take up to 12
work weeks of FMLA leave within a 12-month period.
An employee may take up to 26 weeks in a year to care for a
family member that is on active duty and had a serious, service-
related injury that needs care.
These benefits are available if the employee has worked for the
covered employer for 12 months, working 1,250 hours during
the previous 12 months.
Prior to being granted such leave, an organization may require
an employee to use all accrued vacation and sick leave time
before using the FMLA leave benefit. Employers are allowed to
require notice (where possible) so the organization can prepare
for the absence.
When the employee returns from a FMLA leave, the law
requires that the employee returns to his/her previous job or one
that is similar. Typically, the Human Resources staff will
coordinate this leave, and remain vigilant to potential or actual
fraud that can take place (Lussier & Hendon, 2016, pp. 492-
494).
The U.S. Department of Labor provides several fact sheets to
provide information about this law
https://www.dol.gov/general/topic/benefits-leave/fmla; but Fact
Sheet #28 is a good overview.

17. Safety
The primary federal law that shapes an organization’s safety
program in most industries is the Occupational Safety and
Health Act (OSHA). Enacted in 1970, it identifies the
employer’s responsibilities for maintaining a safe working
environment. The major provision is the General Duty clause
which states that each employer: “… shall furnish to each of
his employees employment and a place of employment which
are free from recognized hazards that are causing or are likely
to cause death or serious physical harm to his employees”
(OSHA, Section 5(a)1, n.d.).
In your reading, note the emphasis on training requirements,
employee notifications, documentation requirements, and
reporting deadlines. OSHA’s poster provides a condensed
version of those (https://www.osha.gov/Publications/osha3165-
8514.pdf). Historically, criticism of OSHA has identified a
weak enforcement structure. As your reading reveals, recent
developments intend to give it more leverage.
Workplace Security:
Workplace security is the management of personnel, equipment,
and facilities in order to protect them. While workplace safety
deals with the issue of minimizing occupational illness and
injury, workplace security covers topics such as violence in the
workplace (including bullying), bomb threats, management of
natural and man-made disasters, risk to company computer
systems and intranets, and many other issues. Workplace
security is concerned with mitigating these risks to the
organization and its members (Lussier & Hendon, 2016, p. 545).
As you might expect, HR needs to collaborate with other
organizational units to provide protection and recover from

18. injuries. Your reading this week looks at two elements,
employee privacy and workplace violence, in more detail.
Employee Privacy
Although organizations are legally responsible for protecting
certain types of employee information, such as health data,
often employee privacy rights and concerns can be in conflict
with corporate needs. Through security measures, companies
want to prevent proprietary information from being shared with
competitors, to avoid drains on productivity, and to stay aware
of behaviors that could create legal liabilities, such as having
offensive material shared through corporate systems. They may
also want to avoid a poor hiring choice by learning as much as
possible about the candidates. Technology enables access to
more information than traditionally experienced.
Because companies can monitor employee information and
behaviors, does that mean they should? What rights do
employees have? Your reading explains common types of
monitoring that occurs and what employees should expect in
terms of legal support. You’ll note that federal employees have
stronger protection through the Privacy Act of 1974, which
“establishes a code of fair information practices that governs
the collection, maintenance, use, and dissemination of
information about individuals that is maintained in systems of
records by federal agencies” (USDOJ, 2015). Private sector
employees, however, must rely primarily on state-level
provisions. In many cases, especially when corporate property
is involved, it is probably realistic for employees to assume that
they do not have many privacy rights. One exception that is
currently receiving attention and legal development is
protection through the National Labor Relations Act, which you
will study later.
Workplace Violence
Workplace violence is any act or threat of physical violence,

19. harassment, intimidation, or other threatening disruptive
behavior that occurs at the work site. It ranges from threats and
verbal abuse to physical assaults and even homicide. It can
affect and involve employees, clients, customers and visitors.
Homicide is currently the fourth-leading cause of fatal
occupational injuries in the United States. According to the
Bureau of Labor Statistics Census of Fatal Occupational
Injuries (CFOI), of the 4,679 fatal workplace injuries that
occurred in the United States in 2014, 403 were workplace
homicides…However it manifests itself, workplace violence is a
major concern for employers and employees nationwide.
(OSHA, 2016, p. 1)
Workplace violence is costly to everyone involved. Your
reading this week explains some of the causes, impacts, and
preventions employers and employees can take to address this
safety and security issue.
Disciplinary Process
Although most employees intend to behave properly at work, it
is important to have a fair disciplinary process established for
the times that something does go awry. In a non-unionized
environment, management can choose to design the process
unilaterally, without the input of workers. Management,
however, must adhere to legal parameters as well as
psychological dynamics in order to have a successful procedure.
Legally, a disciplinary process is stronger if it is
progressive, meaning that it provides a proportional response to
the infraction with an early opportunity to correct the behavior.
This often means that, for non-severe incidents, there is an oral
warning, then a written warning, followed by a suspension then
a final dismissal. Dangerous behavior, however, may incur
dismissal as the first step. More successful systems inform
employees beforehand of the consequence of “bad behavior,”
address the action immediately, and treat similar situations

20. similarly in accordance with company policy. Each step is
documented and acknowledged by the employee even if he/she
doesn’t agree with the assessment.
A disciplinary process that allows the employee to voice
his/her perspective of the matter provides better procedural
justice, the “fairness” of the procedures, and, possibly,
distributive justice, the “fairness” of the outcome. At this time,
prevailing authority dictates that in nonunion organizations, it
is possible to speak only with the employee in an interview;
however, over the years, the National Labor Relations Act has
vacillated on the idea that Weingarten rights may apply to non-
union situations (Donovon, 2016). This means that the
employee could be entitled to have “representation” attend the
session with him/her. “Representation” normally is a colleague
or an association (not union) leader. (Some states, such as
Virginia, have public school teacher associations instead of
unions. These associations charge membership dues, but do not
have collective bargaining authority.) From a practical
perspective, if an employee asks to have a representative attend
an interview, it would be wise to oblige the request by
scheduling it at a mutually agreeable date, unless time is of the
essence.
It is very important to obtain valid information about the
situation; so, sometimes other data sources, including views of
other workers, are required. Management needs to be sure to
use as unbiased a data-collection method as possible. It needs
to do its own due diligence and not assume that reported
information is free of bias. For instance,
An employee who was also a member of the armed forces won
when he demonstrated that, even though the supervisor who
decided to fire him bore no antimilitary bias, those who
supplied information used in his termination did. This theory—
known as the “cat’s paw” theory—postulates that supervisors

21. who are unwittingly manipulated into disciplining or firing a
worker must do more than just rubber-stamp other supervisors’
findings (HR Specialist, 2011, p. 7).
Methodology is also an important factor in determining whether
it is legal to ask an employee not to talk about the case. The
“old school” recommended asking employees to keep the matter
confidential; but, this could violate an employee’s right under
the National Labor Relations Act. A final decision has not been
reached due to ongoing appeals (NLRB.gov, n.d.).
For employees to perceive the process as fair, it may help to
give the rationale for the decision that is made. Nonunion
organizations, however, may not wish to establish in policy or
practice the criteria of “just cause” for terminations which is
adopted in most collective bargaining contracts. Even if the
employer usually has a defendable reason for terminating an
employee, it may want to maintain an employment-at-will
standing. To do this, it needs to ensure that documents, such as
the Employee Handbook, do not contradict the at-will intent.
When employees or co-workers believe the system is fair,
several positive results may occur.
Procedurally fair treatment has been demonstrated to result in
reduced stress and increased performance, job satisfaction,
commitment to an organization, trust, and organizational
citizenship behaviors (OCBs). OCBs are discretionary
behaviors performed outside of one’s formal role that help other
employees perform their jobs or that show support for and
conscientiousness toward the organization. They account for
15 to 30 percent of business outcomes, and as much as 40
percent of the outcomes in customer-service settings (Cascio,
2013, p. 551).
It can also dissuade employees from taking legal action outside

22. the internal system.
Grievance Process
When the disciplinary process results in an outcome that the
employee does not believe is fair, the matter can move to the
grievance system. Grievance systems can be used to question
other types of decisions as well, such as promotions or pay
issues. In nonunion organizations, the grievance structure and
mechanisms can take several forms. There may be an open-door
policy, a peer-review panel, an ombudsperson, or internal or
external mediation (Cascio, 2013, p. 555). When the supervisor
cannot resolve the issue, the employee may consult Human
Resources or other officials in the organization, as designated in
the grievance procedure.
Nonunion grievance systems usually do not give complete due
process. Constitutional due-process rights include:
prior notice of prohibited conduct, timely procedures adhered to
at each step of the procedure; notice of the charges or issues
prior to a hearing; impartial judges or hearing officers;
representation by counsel; opportunity to confront and to cross-
examine adverse witnesses and evidence, as well as to present
proof in one’ own defense; notice of decision; and protection
from retaliation for using a complaint procedure in a legitimate
manner (Cascio, 2013, p. 551)
In the working environment, union contracts may provide due
process; but, in nonunion organizations, unless a government
body, like the EEOC, is involved, the process is usually
contained to the management hierarchy. No truly independent
person is involved if the organization pays for the services.
Even
nonunion arbitration of grievances might provide less due
process to employees than unionized grievance arbitration if
there are limitations on discovery (how much information the

23. grievant can collect from the company), if the use of outside
advocates such as attorneys is restricted, or if arbitrators favor
management to increase their chances of being selected for
future cases (Cascio, 2013, p. 557).
Currently, there is some debate as to whether requiring potential
employees to agree to use arbitration as a conflict resolution
method is legal (Gordon & Weber, 2014).
As you can see from the reading and this introduction,
Employee Relations is an interesting, important, and dynamic
aspect of HR. It interacts with other HR functions as well as
other departments in the organization to protect, promote, and
balance the goals of both the employer and the employee.
References
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HR Specialist (2011). Supreme Court: check boss bias before
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