Running head: RESEARCH PROPOSAL
1
Human Resources Management
Student’s Name
Institutional Affiliation
Date
RESEARCH PROPOSAL
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Americans with Disability Act Leave
Introduction
Work-leave policies are continuing to pose great challenge to many employers. One of
the policies that may pose such challenges is the American with Disability Act (ADA). Under the
ADA, workers have a right to work leave which applies to employees substantially limited to one
or more primary life activities as a result of a physical or a mental impairment (Hill, Maestas &
Mullen, 2016). The ADA applies to all employers with 15 or more workers within the United
States. One of the work leave privileges is the right to accommodation and the work leave
guidelines require employers to provide any of the forms of accommodation to their disabled
employees (Cox, 2015). This proposal seeks to stage a research into the ADA leave requirements
for employers and exceptional cases for employers to help them offer the respective employee
benefits while avoiding legal suits that as a result of non-compliance issues.
Significance of the Study
The significance of employers understanding the ADA leave is that it is part of legal
work compliance and provides business benefits to the employers. Understanding the ADA leave
is not just an issue of compliance for the employers but is provides them with an argument basis
in instances of law suits against their respective companies for failing to issue an ADA leave to
their employees when the said employee did not actually deserve the leave (Appelbaum, 2016).
This topic is also significant to the disabled employees because they have to be aware of their
legal benefits from their workplaces and stand to question and defend themselves from work
injustices (Ginsburg & Rapp, 2015).
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Literature Review
Most employees have invested their resources in seeking consultancy services of
American with disability experts on advisory of their rights to work. Employers too have sought
expert services in relation to ADA issues because of confusions arising between the two
stakeholders (Hood, Hardy & Simpson, 2016). The employment law has undergone various
changes over time because of the emerging issues of employment making it difficult for the
concerned parties to understand fully the existing factors in the disability act (McGowan, 2016).
It is surprising to learn that several employers have faced the corridors of justice for reasons they
could easily avoid (Kanter, 2015). This is because of the lack of information concerning the
regulation for most of the employers.
Objective of the Study
1. To eliminate the dilemmas regarding the ADA leave for employers and employees
2. To provide a systematic and reliable information regarding the ADA compliance issues
3. To equip the employers and employees a good argument point when complaints arise
Research Methodology
The research shall involve a thorough insight into relevant academic and professional
resources listed in the next page to offer a wide view of the entire subject. This shall comprise of
the most recent sources of information as pertains the topic. Furthermore, the research shall
involve interviews with some legal experts in an exercise to obtain a first-hand information
regarding the topic.
Conclusion
The findings from the research shall comprise of an analysis of the legal spectrum
regarding the ADA leave. The analysis shall consist of proper argument basis that can properly
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serve to give recommendations for the employers and employees. The research arguments would
be consistent with the existing employment policies so that they do not result into further legal
dilemmas for the respective policy.
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References
Appelbaum, P. S. (2016). Protecting the rights of persons with disabilities: an international
convention and its problems. Psychiatric Services, 67(4), 366-368.
Cox, J. (2015). Pregnancy as Disability and the Amended Americans with Disabilities Act. BCL
Rev., 53, 443.
Ginsburg, F., & Rapp, R. (2015). Making disability count: demography, futurity, and the making
of disability publics. Somatosphere.
Hill, M. J., Maestas, N., & Mullen, K. J. (2016). Employer accommodation and labor supply of
disabled workers. Labour economics, 41, 291-303.
Hood, J., Hardy Jr, B., & Simpson, L. (2016). Workers' compensation and employee protection
laws in a nutshell. West Academic.
Kanter, A. S. (2015). The Americans with Disabilities Act at 25 years: lessons to learn from the
Convention on the Rights of People with Disabilities. Drake L. Rev., 63, 819.
McGowan, M. O. (2016). Reconsidering the Americans with Disabilities Act. Ga. L. Rev., 35,
27.
RESEARCH PROPOSAL
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Running head: BUSINESS ETHICS
1
Business Ethics
Your Name Here
University Name Here
Course Title
Due Date
BUSINESS ETHICS
2
Business Ethics
Throughout history, business leaders and managers have routinely sacrificed their ethics
for the sake of additional profits. The inefficient policies and practices, a sense of entitlement,
and lack of servant leadership are leading to an abuse of power and excessive waste by senior
leaders in many firms. By reviewing the conditions that enable and possibly encourage unethical
performance, it is possible to change conditions and bring about productive change.
Inefficient Policies and Practices
Unrealistic Salaries
The amount of pay, benefits, and other entitlements senior leaders of firms receive can be
staggering. In a study by the executive search firm Heidrick & Struggles International, "227
directors of U.S. public companies found nine out of 10 thought CEO pay should be no more
than two to three times higher than that of the next highest-paid executive" (Paton, 2008, p. 1).
When the U.S. markets fell 37 percent between 2007 and 2008, salaries of senior leaders in
American firms fell by less than one percent. This type of compensation is counterproductive in
all types of business firms.
Paying Only for Success
The link between pay and performance is disconnected. The negotiation of pay for many
CEOs occurred before the 37 percent drop in the U.S. Stock Market between 2007 and 2008.
Performance and pay were still unrelated after the fall of the market. "For example, the second
highest-paid CEO in the survey, Oracle's Larry Ellison, took home $543 million on the back of a
21 per cent fall in the company's share price" (Amble, 2009, p. 1). With the boom of the 1990s,
many leaders at the executive level found their compensation growing exponentially. While
businesses were making large returns on their investment, the compensation was still outpacing
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it. While some increases did match the gains the firms made, most, if not all firms had
significant losses in 2007-2008. During that time, the compensation for CEOs fell less than one
percent on average. While there may be a limited supply of leaders who have the exact
experiences a firm may be looking for, there is no shortage of leaders who are capable of leading
large organizations.
The death of the National Security Personnel System (NSPS) in the U.S. Government is
an example why an attempt to pay for performance is so difficult. Many felt that changing the
system would increase efficiencies and lower costs to the American people. Ultimately, what
occurred lasted only a few years and cost more money than if no changes occurred at all. It
seems that reforming the way Americans receive compensation at any level is much more
difficult than it seems.
Resource Abuse and Waste
When the CEO is also the chairperson of the board of a firm, abuse of power can occur.
Since the chairperson votes and influences the board on the compensation of the CEO. This can
lead to overpayment of the CEO and therefore waste. Many businesses assume they have checks
and balances in place to stop or reduce waste and abuse of firm's resources, but they do not. The
U.S. General Services Administration (GSA) is an example of how a firm with many rules and
policies, still must have leadership buy in at every level to avoid unethical operations. "GSA
oversees the business of the U.S. federal government. GSA’s acquisition solutions supplies
federal purchasers with cost-effective high-quality products and services from commercial
vendors....[while] Its policies covering travel, property and management practices promote
efficient government operations" (U.S. General Services Administration , 2012, p. 1). During
the 20 months leading up to the 2010 Western Regions Conference of the Public Building
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Service, A part of GSA, eight off site planning sessions occurred. "These off-site meetings cost
the government over $130,000" (Miller, 2012, p. 7). This example of abuse and waste causes
damage to an organization's reputation.
Committed Leaders
Unless every leader and manager is committed to the firm and ethical operations, no
amount of rules and regulations published will make the firm more ethical. Not all, but some
unethical decisions and actions "could be eliminated by more managers, at all levels of the
organization, taking a stance in favor of good ethics" (Vitell, Dickerson, & Festervand, 2000, p.
22). Bernie Madoff is a good example of getting people to believe in something; instead of
ethical choices, he made unethical ones. For over a decade Madoff was able to influence others
to invest in his exceptional trading abilities. Imagine if ethical leaders could get the same type of
support in their organizations? Having a written code of rules is not the end when it comes to
creating and ethical climate, Enron had a 64-page code of ethics before it failed (Gilbert, 2011).
Sense of Entitlement
The belief that a position brings entitlement has been a problem for thousands of years.
Servant leadership is the idea that we are all the same and only perform different duties.
Depending on the amount of experience in their field or as a leader, men, and women are given
more responsibility. Those who make small unethical or poor ethical choices can develop ethical
blindness as their scope of responsibility increases. When a senior leader or CEO arrives at any
department of the firm, or meets with other management personnel, they receive rock star
treatment. These high level leaders want for nothing as their subordinates' stage everything for
their arrival, just like for an actor on a stage. As this lifestyle continues, the chance of ethical
blindness increases.
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Inappropriate Conduct
The sense of entitlement that some leaders adopt can lead to inappropriate conduct. Even
CEOs find themselves making unethical choices that get them into trouble. Wal-Mart marketing
executive Julie Roehm, Starwood CEO Steven J. Heyer, and Boeing CEO Harry Stonecipher
were all fired for inappropriate conduct with subordinates (Baram, 2007). These failures may
not have been illegal, but resulted in a contract or ethical breech based on company policy. The
negative publicly for an organization when this type of conduct is reported is significant.
Leader's actions and conduct have a large impact on the firm, how the public views it, and
employees. The increase of technology will undoubtedly make unethical practices increasingly
publicized in the future.
Treatment and Truth
Leaders have a hard time seeing the real firm or the truth. They have assistants that
ensure their every need is met and when they arrive to tour an operations area, they see what the
managers want to show them. The television show Undercover Boss is an idea that could allow
leaders to see the real operations of their firm. The show however, is scripted just as much if not
more than real life for the leaders. This type of treatment increases the chances for a leader to
develop a sense of entitlement. When the sense of entitlement gets in the way of business, it
costs the firm profits. By surrounding themselves with like minded people, leaders can be part of
the problem by failing to see reality.
The King or Queen treatment can lead to unethical climate in the organization. By not
telling the boss no, subordinate leaders create an environment where the boss may make a
decision without understanding the consequences. Part of the unethical actions of some leaders
can be attributed to their moral courage or character. By creating a climate in an organization
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where everyone feels it is their duty to challenge unethical behavior, the firm can improve its
image.
Illegal use of Resources
There are numerous areas where leaders can find themselves violating ethical
performance or decisions when it comes to resources. Some moral decisions are not black and
white but grey. What to do then becomes more difficult to decide. "Business ethicists usually
assume that there is a moral point of view from which the ethicality of a decision can be
evaluated" (Palazzo, Krings, & Hoffrage, 2012, p. 323). The problem that many people face is
how to interpret the facts. When that occurs, the leader may not weight the evidence for and
against the decision the same. Organizational rules as well as the immediate situation
surrounding the person, impacts or influences their decisions. What happens when the
environment clouds the leader's judgment can be bad for them and the firm.
Senior leaders have influence over the organizations resources. It is here that many find
themselves unable see the ethical choice due to situational influencers. It is wrong to use an
employer's aircraft for person travel. However, many CEOs find it convenient to make a
personal trip look like a business trip. Even if the trip is for business reasons, leaders must
ensure they present the appearance of ethical behavior and not use the trip for personal gain.
When it comes to lapses in judgment, it is easy to see from the outside, or after the fact, how one
small unethical choice can lead to future lapses that are more significant until they become
standard practice. Without fiscal responsibility and a significant change in the formation of
ethical choices, a leader may continue to perpetuate the abuse of the firm's resources.
BUSINESS ETHICS
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Servant Leadership
The lack of servant leadership in business today is a major cause of unethical decisions
and operations. Servant leadership is influencing subordinates to work as a team with a common
goal that is good for mankind. By inspiring those who work with them, leaders are able to create
an environment that is much more than just a job. Having a higher purpose than putting part A
on part B and sending it down the line should be the goal of all leaders. Building a fire in the
hearts of employees so they work for the firm because they want to be there is the best pathway
to a successful firm. Being part of an organization that is successful builds motivation. By
developing servant leaders, that success comes more quickly, and can also increase efficiencies.
Learning organizations are able to apply Lean operations, strive towards Six Sigma in
their manufacturing, or apply Total Quality Management. What they may be missing is the
servant leader mentality. The personal influence a leader may have through respect in their
abilities and confidence in where the firm is going cannot be substituted. According to James
Hunter, an author and spokesman for servant leadership, people who lead others must at all
levels identify the needs of subordinates and meet them. He says the servant leader must meet
those legitimate needs and put the person on the path of doing the most good. In Matthew 20:26
KJV the Lord said, "but it shall not be so among you: but whosoever will be great among you, let
him be your minister; and whosoever will be chief among you, let him be your servant". To be a
leader one must first be the servant.
Serving the Boss or the Firm
Many ethical decision points occur when choices are between the boss and the firm. If
the boss wants something done, many employees fail to question how that may affect the firm.
Those that do can be put into an ethical dilemma being forced to choose between the two. All
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employees should understand, "[a]t the end of the day the people we serve expect us to be
accountable… to make sure we are meeting our duty to our members, our employers and
stakeholders" (Stausboll, 2011, p. 1). The senior subordinate relationship is not one of master
and slave. Understanding that both work toward the same goals, in different roles, is the
underlying premise behind servant leadership.
Ethics Training
By implementing ethics training for all employees in the firm, conduct can be affected on
a larger scale. Through training, leaders can better understand the impact of decisions by
working through vignettes from previous leaders is a great way to accomplish this. The ability to
analyze actions, and assess what they may have done, allows leaders to enhance their ethical
decision making process. Servant leadership and ethics training needs to be conducted with
managers and leaders at all levels. Many senior leaders believe they do not need ethics training.
Leaders at the highest levels in business regularly perform unethical decisions, the news and
internet is scattered with stories of their fall from power.
Conclusion
Unethical practices by leaders in business are becoming increasingly common. The
examples described above show that this is a top down problem. If senior leaders are
experiencing lapses in judgment, it can only be worse at other levels. Businesses faces this
ethical problem due to inefficient policies and practices, the lack of servant leadership, and a
sense of entitlement. The misuse of resources provides a poor role model and sends the wrong
message to subordinate leaders and employees. Countering the impact of unethical performance
in today's business world is necessary; only with responsible action can the breakdown of
morality and ethics be slowed. The waste of resources by senior leaders undoubtedly has an
BUSINESS ETHICS
impact on not only the formation of beliefs in regards to ethics, but also how society views the
firm as well. Servant leadership ideals combined with an effective ethical training program can
bring a renewed sense of ethics to both leaders and subordinates of any firm, if it is effectively
implemented, adopted, and most importantly supported at every level.
9
BUSINESS ETHICS
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References
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Baram, M. (2007, April 11). ABC News. Retrieved November 27, 2012, from Misconduct in the
Corner Office: http://abcnews.go.com/Business/story?id=3027563&page=1
Barnes, C. M. (2010, September 1). Moral Disengagements: When Will Good Soldiers do Bad
Things? Retrieved November 10, 2012, from Readperiodicals.com:
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Briggs, B. (2012, November 15). Panetta orders review of ethical standards amid allegations of
misconduct among high-level military leaders. Retrieved November 16, 2012, from U.S.
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Department of the Army, H. (2006). Army Leadership. Washington D.C.: U.S. Government
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Garrison, M. C. (2012). Report of investigation: General William E. Ward, U.S. Army
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Gilbert, J. (2011). Moral Duties in Businesses and Their Societal Impacts: The Case of the
Subprime Lending Mess. Business and Society Review, 116(1), 87-107.
Goldman, A. (2012, November 9). CIA Director David Petraeus quits over affair. Retrieved
November 10, 2012, from The Atlanta Journal-Constitution:
http://www.ajc.com/ap/ap/defense/cia-director-quits-over-extramarital-affair/nS3JM/
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Gould, J. (2012, November 5). Army 1-star faces sex charges at Article 32. Retrieved November
16, 2012, from Marine Corps Times:
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Miller, B. D. (2012). Management Deficiency Report: General Services Administration Public
Buildings Service. Office of Inspector General. Washinton D.C.: U.S. General Services
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Palazzo, G., Krings, F., & Hoffrage, U. (2012). Ethical Blindness. Journal of Business Ethics,
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Paton, N. (2008, February 11). Third of U.S directors think CEO pay is too high. Retrieved
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