Lewis Maltby's Proposition That Employers Should Not Essay

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¶ … Lewis Maltby's proposition that employers should not do drug testing (or other testing related to off-work conduct) but should instead focus on impairment testing when an employee is entering the workplace. Instead of using drug testing in a punitive and time-consuming manner, Lewis Maltby holds that the technology exists to see if any safety or impairment issues are present in certain occupations in a way that is non-invasive and far more relevant. For instance, a train engineer, bus driver or airline pilot might be impaired due to stress, illness, sleep deprivation, etc. They could be tested using something akin to a video game, which captures their baseline performance and then compares it to the values at a certain test-time. If the individual is not able to perform the duties, then they are simply bumped for that shift. Discuss privacy in social media websites. What sort of policies should exist? Does it matter that the user doesn't have to be honest (to the extent of using false names? There are a number of different types of social networks -- personal, location, content, shared interest, etc. Within these networks there are two types of information that can be gathered: information from the user like photos, age, gender, biographical info, contacts, etc. This information becomes public on many sites unless the user blocks it or marks it private. Information can also be gleaned from using cookies that track the sites user visits, stores information from shopping carts, etc. Most sites have an encryption ruling and the ability to choose which information becomes public. For all, the sharing of information should be a personal choice. For those under 18, there should be even more limits. Information on the Supreme Court was correct in "finding" privacy in the Constitution. Most scholars consider the Constitution to be a "living document," meaning that because of technological and other societal advancements, it would be impossible for every single iota of case law to be represented in the initial document. Instead, the Supreme Court has interpreted certain issues, like privacy, that may have had little meaning in the 18th century. For instance, in 1968 the Court found that there is a semblance of privacy in effect from the 4th Amendment, but that it is not violated when an officer of the law stops a suspect on the street and frisks them with probably cause to arrest if there is reasonable suspicion that the person has committed a crime, is about to commit a crime, or is in the process of committing a crime. This moves the idea of privacy to a "privacy under certain circumstances," ruling, and clearly, if the subject is potentially committing an offense or is a danger to self or society, privacy no longer remains valid.
4. The Genetic Information Nondiscrimination Act of 2008 (GINA) was passed amidst public concern for the collection and use of genetic information. Prior to its passage, the Americans with Disabilities Act protected anyone with a disability or perceived disability and the Health Information Portability and Accountability Act (HIPAA) protected people from intrusion in to medical records. Was GINA…

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5. The Supreme Court has defined sex discrimination under Title VII of the Civil Rights Act of 1964 to include sexual harassment (both opposite-gender and same-gender). The Court has defined quid pro quo and hostile environment harassment. The Court has not defined it to protect someone against discrimination or harassment based on sexual orientation or preference, or transgender status. Discuss whether Title VII should be expanded to include those issues. Society and culture have evolved considerably in the last two decades. It was not all that long ago that many viewed ethnic minorities as different and not having the same rights as Whites. That, today, seems abhorrent. In a similar manner, the idea of Civil Rights was an evolutionary step to guarantee all people protection; therefore a person's sexual orientation or affiliations should also be protected under the Civil Rights acts in a similar manner as that of gender, age and ethnicity.

6. When Nike faced public criticism for its affiliation with sweatshops, it started a public relations campaign to counter its negative image. Some detractors sued Nike to stop the campaign, alleging that it was misleading and false. Discuss why you, as a judge, would either allow Nike to continue its campaign, or would make Nike stop the campaign. The very core of this argument is much larger than Nike and advertisement, it goes to the heart of censorship -- and who has the right to limit and censor advertising, printing, or dissemination of ideas. In a democratic society, adults have the right and responsibility to critically review the information presented to them. Product X could advertise that it has the cure for Male Pattern Baldness, but it is up to the consumer, not the Courts, to decide with their wallet what they will or will not purchase or provide. The government would have a responsibility if Product X hurt people, but in the case of Nike, the advertising and public relations campaign is little different than any political or other advertisement that presents only one side to the argument. We may not agree with the argument- indeed we may detest the argument, but in order to maintain a free and just society in which ideas are strong commodities we must take the notion that an educated populace is an informed populace. Our focus should be on educating children and youth so that, when appropriate, they can make decisions about what is right, wrong -- how to vet source material, and above all, what ideas they might want to accept and which to reject

7. Discuss how global warming unites national security issues and religion. The concept of globalization in economic and cultural development is a reality for the 21st century. The Internet and advances in telecommunication has made it easy to do business with any country in the world, to increase cultural and social contact, and to extend more timely communication between individuals. Global


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