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Pages:
3 pages/≈825 words
Sources:
4 Sources
Level:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
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Topic:

Ethical Dilemma on Targeting Tattoos (Essay Sample)

Instructions:

Targeting Tattoos
You are a police chief in a medium-sized city and have just received information from a captain that one of your officers, Newton, has recently had a swastika tattooed on one arm and a naked woman on the other. The captain says that both tattoos are visible in the summer uniform and, as news is spreading about these adornments, an increasing number of officers are becoming offended and some are even saying that they will refuse to respond to any calls for service with Newton. Based on this information, you believe that the tattoo may violate the city’s policy against workplace harassment and quickly call Newton into your office. He admits having the tattoos but rather sarcastically states that he has a “liberty” interest under the Fourteenth Amendment and a right to “expression” under the First Amendment. He adds that for you to try to control such activity would constitute a “hostile” work environment. You know that there is currently no policy that prohibits the displaying of any tattoos, let alone any that are offensive.
Write an 825 word paper that answers the following questions:
Do you consider Newton a problem employee or would you consider this a problem situation? Explain your response.
What type of disciplinary actions, if any, would you take against Newton?
What potential issues or ramifications should you be aware of when considering disciplinary actions?
Can you take any action in response to the complaint?
Do you have the right to reasonably regulate the appearance of employees and require a professional appearance?
If you implement a policy against such tattoos, does the rule impermissibly discriminate against Newton?
Can you use to advantage any U.S. Supreme Court decisions in response to this matter?
Format your presentation consistent with 6th edition APA guidelines.

source..
Content:

Ethical Dilemma on Targeting Tattoos
Name of Student
Institutional affiliation
Ethical Dilemma on Targeting Tattoos
Question 1
I would consider Newton a problem employee. Newton has the liberty interest under the fourteenth amendment. He also has the right to expression under the first amendment. However, he becomes a problem employee when he sarcastically states the freedoms that he is served with. This scenario is an indicator of an employee that aims at causing disharmony between the management and the other people. He lacks the consideration of other people in implementing his personal actions. If his actions cause discomfort among the other policemen, he should be considerate and make amendments. Despite the reactions, he takes a blackmailing approach by using the law as the scapegoat. He does not care that the other employees are unwilling to work with him. This situation promulgates him to become a problem employee (Falcone, 2009).
Question 2
First of all, I would speak with him and notify him of his deficiencies. I would then suggest that he gets rid of the tattoos because of its implication on the other policemen. If he is not willing, I would give him suggestions such as wearing the uniform that covers the tattoos. After a period of three days, I would observe Newton and if he has not made any change, I will give him a warning letter. The letter will stipulate that Newton rids the tattoos or covers them for the benefit of the other employees. If it is not successful, I will suspend him on the basis of lack of discipline in the workplace. The suspension will be without a pay for the period of the suspension. After the period, with lack of improvement, I will terminate his employment contract (Falcone, 2009).
Question 3
The first major issue to consider during the disciplining of the employee is the legal requirements of the process. The disciplinary procedures and the legal requirements should be followed to the later. The organizational policy on the disciplinary actions should also be followed and informed to the employees. The employees should have a knowledge of the philosophy and their requirements in the disciplinary action. The standardized disciplinary procedures should be followed to the latter because of the need to avoid any legal frictions. The employees should be notified of the step by step procedures of the disciplinary process. In case of a violation, the employee should expect a faster response. The actions undertaken should consider the rights of the employees in relation to liberties, expression, and fair treatment. The disciplinary actions should be subject to appeal from the employees. This should include a fair hearing to determine the employee perception on the violation (Falcone, 2009).
Question 4
The action taken will depend on proper evaluation of the effect of the violation on the corporate principles. In the case of Newton, there was no established principle of appearance in the organization. However, his appearance has an effect on the functioning of the other members of the team. The action that is taken will be talking to him and making him understand the implications of his appearance on the other staff. If not successful, then other actions such as warnings are taken (Lisa, & Baker, 2007).
Question 5
As the chief, I have the right to reasonably regulate the appearance of employees and require a professional appearance. The professional requirement of a policeman is to exhibit confidence and avoid discrimination. The job of a policeman requires that the clients are confident in the police. Having a tattoo that is conspicuous violates the policy on appearance. The appearance of the employee should portray the individual requirements of the job. The job of the police is to foster confidence in the citizens or the other policemen. Having tattoos that are offensive is a violation of their requirement in terms of appearance (King, 2013).
Question 6
Implementation of a rule against such tattoos does not discriminate against Newton. This is because the tattoos are not considered as a racial or religious expression (Hazen, & Syrdahl, 2010). The law stipulates that appearance can only be considered as prejudice on the basis of race, religion, or sex discrimination....
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