MEMORANDUM
TO: Janet Yoon, CEO, Colossal Corporation
FROM: International Task Force
DATE: [Current Date]
SUBJECT: Analysis of Employment Issues at New Brands Design, Inc. (NBD)
This memorandum presents our analysis concerning the employment status of Elena, Viktor, Michael, and Beth at our subsidiary, NBD, located in Serafini. Our goal is to provide an accurate and comprehensive report of the current situation, highlighting any issues that warrant attention and suggesting appropriate courses of action. Our analysis is based on a thorough review of the available information and an objective assessment of the facts. We hope that this report will provide helpful insights and facilitate sound decision-making.
Ethical Considerations
It would be deemed unethical to terminate either Elena or Viktor based solely on their nationalities. Such an act would be deemed a violation of fundamental principles of justice, fairness, and non-discrimination. Instead, the claims of both Elena and Viktor regarding their equal qualifications as other executives should be appropriately evaluated. In addressing the situation, it is essential to consider alternative measures, such as adjusting their compensation to equitable levels or transferring them to suitable roles based on their qualifications, rather than national origin (Ethical Theory in Global Business, 2024). This approach aligns with the ethical theories in global business, which emphasize the importance of fairness, justice, and non-discrimination in the workplace. Therefore, it is advisable to consider all the relevant factors and make a decision that upholds ethical standards, while treating each employee with respect and fairness.
It is imperative to ensure that employment decisions are based on legitimate business factors such as performance and qualifications, and not personal characteristics like nationality. The latter is an unethical practice that violates the principles of equal consideration and non-discrimination, which are fundamental in a professional setting (Ethical Theory in Global Business, 2024). It is crucial to uphold these ethical standards as they promote a fair and just workplace that values diversity and inclusivity. Therefore, any decision made based on an employee’s nationality rather than their performance is not only unprofessional but also unlawful. In conclusion, it is imperative to prioritize legitimate business factors while making employment decisions in a business or academic setting.
U.S. Legal Considerations
The proposed actions of terminating Elena and Viktor based on their Serafini nationality, denying Michael’s position due to his age, and discriminating against Beth based on her gender could potentially violate several laws and regulations in the United States. Specifically, Title VII of the Civil Rights Act prohibits discrimination based on national origin, and thus, terminating Elena and Viktor may be in violation of this act. Similarly, the Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees over 40 based on age, and denying Michael’s position may constitute a violation of this act. Furthermore, Title VII also prohibits discrimination based on sex; therefore, denying Beth the position based on her gender could potentially violate Title VII’s sex discrimination prohibitions (Employment Discrimination, 2024). As such, these proposed actions would be prohibited by various laws and regulations in the United States and should be approached with caution.
Legal Considerations in Serafini
It is crucial to note that employment discrimination laws in the United States typically do not apply to American companies’ employees outside the country, with a few exceptions. Title VII, ADA, and ADEA laws extend coverage to U.S. citizens working abroad for American firms. However, if the host country’s laws prohibit compliance, the “foreign laws” defense applies. In the instance of Elena and Viktor, who are not U.S. citizens, it is likely that discrimination laws will not provide coverage while they work in Serafini. Conversely, Michael and Beth, who are U.S. citizens, may be protected by Title VII, ADA, and ADEA (Extraterritorial Reach of Laws, 2024). However, Serafini’s laws that mandate retirement at 65 and permit gender discrimination create an exception for Michael and Beth’s exclusion under the “foreign laws” defense.
Recommendations
Although it is legally permissible in Serafini to terminate Elena and Viktor on the grounds of their nationality as non-U.S. citizens, we strongly advise against such a course of action. It would amount to unethical discrimination and could cause disengagement among the local staff, thus deviating from ethical standards (Ethical Theory in Global Business, 2024).
Instead, we propose an impartial review of Elena’s and Viktor’s qualifications in comparison to the other members of the executive team. If they are equally qualified, their compensation and roles should be adjusted based on legitimate business factors rather than national origin. If they are not qualified for their current roles, they should be transferred to suitable positions.
It is recommended that Serafini’s laws be observed concerning Michael and Beth, provided such laws do not violate ethical standards against discrimination based on protected traits, such as gender or age. To prevent any potential conflicts, it may be necessary to consider relocating their respective positions.
In conclusion, employment decisions should be made solely based on legal and ethical criteria such as qualifications and conduct rather than personal characteristics like age, gender, or nationality. This approach upholds ethical principles, reduces legal risk, and promotes a highly engaged, high-performing workforce. It is important to note that using personal characteristics as a basis for employment decisions can lead to legal complications, damage the organization’s reputation, and undermine the workforce’s effectiveness. Therefore, organizations must adopt a criteria-based approach that is objective, fair, and consistent with legal and ethical norms.
References
Employment discrimination. (2024). Retrieved from https://leocontent.umgc.edu/content/scor/uncurated/mba/2218-mba630/learning-topic-list/employment-discrimination-intro.html?ou=1190745
Ethical theory in global business. (2024). Retrieved from https://leocontent.umgc.edu/content/umuc/tgs/mba/mba630/2241/learning-resource-list/ethicaltheoryinglobalbusiness.html?ou=1190745
Extraterritorial reach of laws. (2024). Retrieved from https://leocontent.umgc.edu/content/scor/uncurated/mba/2218-mba630/learning-resourcelist1/extraterritorialreachoflaws.html?ou=1190745
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