James B. Townsend

Shape up or ship out? Employment discrimination against the overweight

Increasing health care insurance costs have focused employer attention on health-related factors in employee recruitment and retention. One such factor is weight. Employers have argued that overweight employees are absent more often, are more susceptible to on-the-job injuries and illnesses, and are less productive than others. They have also contended that overweight employees present poor role models and may cause “negative reactions” by others. Although no federal law addresses employee obesity specifically, a number of laws prohibiting other forms of discrimination present potentially litigious situations. This article reviews the background and legal framework of discrimination against the overweight and offers some guidelines for avoiding such charges.

Don’t kill the messenger! Whistle-blowing in America — A review with recommendations

Whistle-blowing in America business and industry has increased as interest in ethical business behavior and the cost of unethical behavior have grown. Whistle-blowing plays the important role of helping to fill the gaps in the regulatory system that is designed to check the abuse of organizational power. However, the practice of whistle-blowing is controversial and whistle-blowers often pay a high price for their actions. Firms can engage in a number of actions to encourage whistle-blowing. Creating a climate that encourages employees to report organizational wrong doing and that protects the whistle-blower is critical. To create such a climate the organization must build trust and cooperation by educating employees in the benefits of ethical and legal behavior.

Managing the Contingent Workforce—Gaining the Advantages, Avoiding the Pitfalls

Part-time employment arrangements constitute a rapidly growing segment of the U.S. labor force. Such employment arrangements offer advantages to both employers and employees. Part-time employees offer employers reduced wage and benefit costs, workforce flexibility, aid for special projects, replacement fill-ins and a chance to preview candidates for full-time employment. Part-time work enables employees to supplement family income, enjoy flexible hours as well as a change in job environment and a chance to substitute for full-time employment when there is no choice. The advantages of contingent employment come at a cost. Employers must comply with laws and give up control over much of the employment relationship in order to avoid co-employment status and to gain the benefits of contingent employment. Employees in contingent work arrangements frequently do not qualify for many of the benefits available to full time employees. Suggestions made for managing contingent workers may reduce some of the problems, but they would also remove some of the advantages.

Managing Workplace Gambling—Some Cautions and Recommendations

Workplace gambling is rapidly becoming a new American addiction. It is difficult to detect, since it may show no distinguishing characteristics until it is well advanced. Most gamblers never become a problem to employers, but those who do may inflict serious damage in the form of theft, creative bookkeeping, embezzlement, low productivity and workplace disruption. Few laws, specifically control gambling, but several laws written to address other issues, may apply to gambling also. Some of these laws are in the process of being reinterpreted, and broader interpretations may include pathological gamblers. In addition to its legal aspects there are important and costly economic issues associated with workplace gambling. Well trained, observant supervisors can detect and aid workplace gamblers, saving both employer and employee time, money and anguish.

Violence in the Workplace—A Review with Recommendations

Workplace violence is a serious, growing and costly problem for American business and industry. In spite of the scope of the problem managers have been slow to respond, in fact appear to be in a state of denial. Profiles of both perpetuators and victims of workplace violence have been developed, but these profiles are so inclusive as to include almost everyone. Many causes have been recognized, most of which are related to stress. The courts offer only limited assistance; in fact, some laws limit tests and measures that might help identify violent employment candidates and employees. There are recommended courses of action intended to prevent workplace violence but little assurance that they can prevent it. Most of these approaches address the root causes of violence by focusing on stress.

Smoking in the Workplace: Balancing Smoker and Nonsmoker Rights

The tobacco industry presents an interesting American dilemma. While warning against the use of tobacco and striving for a smokeless society the U.S. government subsidizes the growth of tobacco. The economic impact of smoking is, on balance, negative for users, nonusers and society. The federal government does not legislate the use of tobacco but most states and many municipalities have smoking laws. Although such laws vary they normally attempt to protect the rights of both smokers and nonsmokers. Workplace smoking policies also vary but generally focus on applicable laws, health research findings, employee preferences, involvement in policy determination, formalization and communication, and smoking cessation programs.

Wrongful termination: Balancing employer and employee rights—A summary with recommendations

The employers right to terminate for any cause has been seriously constrained. Recent court rulings and discrimination legislation make employee termination a hazardous undertaking. The prevailing logic is based on the concept of “just cause.” This concept attempts to balance employer, employee, and societys rights and fit action to the situation. Recommended management action involves little more than careful management of human resources as practiced by well managed firms for many years.

On the Matter of Information: Negotiating in an Imperfect World

no such thing as perfect information. They will unreservedly support the proposition that few if any enterprises would pay the price for perfect information, even if it were available. They concur in the need for decision, yet at the same time they KNOW that all that just can’t be so. After all, their intellectual experiences in the vertical disciplines of their college careers have demonstrated that a keen memory and/or good notes can produce the facts required to solve any problem. Old habits die hard. We tell our students that they don’t live in a fair world, and some but not all will support that contention. They believe that some folks aren’t decent, but what else could that possibly mean? Since these students will soon be graduating (and graduation has a way of ripping off security blankets and exposing one and all to the practical effects of what has been said and said again), we sought a better way in the classroom to provide our students a soft landing in the real world. We thought that at the same time we could tattoo a few more hoary truths on young minds, like all that glitters is not gold, the early bird doesn’t always get the worm, and the obvious isn’t always the answer. ’ Not unnaturally, we decided to use a case, picked mainly because what should obviously be the solution really had nothing to do with the actual problem. That

Licensing: A Marketing Bonanza?

Licensing, usually thought to be almost the exclusive province of very large, if not multinational, firms, !.as been found to be otherwise. The subject appears to be of considerable interest to smaller firms. The financial aspects of that interest suggest that marketers have in licensing a potential goldmine.

Licensing: A Tri-State Survey

Although usually regarded as a feature of big business, licensing now appears to be of wide interest to small business as well. The dollar potential of that interest suggests that greater attention to this fascinating aspect of marketing would not be amiss.