Federalism and Constitutional Debates
One of the most significant and innovative ideas in the American Constitution is federalism even though the word does not appear in it. This concept entails sharing of power between two different levels of government i.e. federal and state governments. Through this system of government, power from the central government is shared to state governments. While federalism has existed in the United States for centuries, there are numerous problems relating to the sharing of power between these different levels of government. These problems have generated constitutional debates on whether the concept has positive or negative impacts on certain fundamental rights. An example of an issue that has generated such debates is privacy rights i.e. whether some federal laws infringe on individuals right to privacy. This paper will examine the positive and negative impacts of federalism on privacy rights and identify the most significant impact.
Positive Impact of Federalism…...
However, that was not an option, and it points to the rigidity of the corporation and its rules.
Harrah's defense of their policy is utilitarian in its outlook and its purpose. It stresses utility (beauty) over values or concerns of personal beliefs and personal privacy. A Harrah's spokesman for the "Personal Best" program noted, "Harrah's customers, people who are loyal to the Harrah's brand name, expect a certain quality of product, a certain quality hotel room, quality of food, and, yes, a certain quality in the appearance of the people who are serving them food and beverages'" (Chmela). It seems this stance is both rigid and extremely discriminatory against female employees, where a different appearance level is required. The policy does not require male beverage employees to wear makeup or style their hair, and it does not allow any flexibility in the policy. Harrah's only purpose is to create a…...
mlaReferences
Chmela, Holli. "Personal Best' Not up to Par." Washington Times. 11 Jan. 2005. http://www.washtimes.com/upi-breaking/20-8556r.htm
Guidos, Rhina. "Fired Bartender Sues Harrah's Over Makeup Policy." Reno Gazette-Journal. 7 July 2001.
Kravets, David. "Court to Decide Case on Makeup." Reno Gazette Journal. 22 June 2005. http://www.rgj.com/news/printstory.php?id=102344
privacy in the workplace encourages contempt.
Legitimate Limits
Economic reasons for supervision.
Reasons of inter-employee, and employee-customer safety.
Reasons of performance.
Definition of excessive supervision/invasion of privacy.
Examples of excessive supervision/invasions of privacy.
Legal consequences/ramifications.
Effects of legal yet employee-perceived insufficient privacy.
Effects on performance
Effects on Morale
Possible psychological/health effects
Ultimate Employee Contempt results from:
Illegal/unethical supervision and invasion of privacy.
Legal yet excessive supervision/surveillance or what employees view as excessive invasion of privacy.
Conclusion: Employees view invasion of privacy with contempt that transfers to contempt for employers and supervisors.
Employer Surveillance, Lack of Privacy and Employee Contempt
In today's modern age, employers across the board have begun to resort to increasingly invasive methods to monitor the performance and behavior of their employees. Previously a realm of banks and retail establishments, employee monitoring has become the norm in most large and many small businesses -- aimed at everything from promoting employee professionalism, preventing theft and asset loss, reducing legal liability, improving productivity and customer service.…...
mlaWorks Cited
Houston, Justine. Barnes, James. Keynes, Amanda. (1999). "Examination of the Issue of Electronic Monitoring of Employees." Retrieved on October 10, 2004, from, http://www.swlearning.com/bcomm/lehman/lehman_13e/good_example_long_report.pdf
James, Geoffrey. (2004). "Employee Monitoring: How to Respect Privacy Rights and Prevent Morale Backlash." Retrieved on October 10, 2004, from, http://www.privacyknowledgebase.com/privacyAdvisor018_s.jsp
NWI. National Work rights Institute. (2000). "Electronic Monitoring in the Workplace." Retrieved on October 10, 2004, from, http://www.workrights.org/issue_electronic/em_legislative_brief.html
Stanford University. (2004). "Monitoring in the Workplace: Health Concerns." Web site. Retrieved on October 10, 2004, from, http://cse.stanford.edu/classes/cs201/current/Projects/electronic-monitoring/health.html
Internet: Privacy for High School Students
An Analysis of Privacy Issues and High School Students in the United States Today
In the Age of Information, the issue of invasion of privacy continues to dominate the headlines. More and more people, it seems, are becoming victims of identity theft, one of the major forms of privacy invasion, and personal information on just about everyone in the world is available at the click of a mouse. In this environment, can anyone, especially high school students, reasonably expect to have any degree of privacy? High school students, after all, are not protected by many of the same constitutional guarantees as adults, but their needs for privacy may be as great, or greater, than their adult counterparts. To determine what measure of privacy, if any, high schools students can expect at home and school today, this paper provides an overview of the issue of privacy, followed…...
mlaReferences
Alarming Number of Teens Addicted to the Internet. (2001, February 1). Korea Times, 3.
Albanes, R., Armitay, O., Fischer, B., & Warner, J. (1998). Marijuana, Juveniles, and the Police: What High-School Students Believe about Detection and Enforcement.
Canadian Journal of Criminology, 40(4), 401-20.
Black's law dictionary. (1990). St. Paul, MN: West Publishing Co.
Privacy in the Workplace
The importance of privacy has risen over the years and its handling has become extremely crucial lately. Defaulting organisations have been faced with serious legal actions and thus, companies have taken a higher interest in the conversations of their workforce. However, this effort of the employer aimed at monitoring the activities of workers isn't as smooth as it should be due to the right of the employee to personal privacy.
The right of the workers to workplace privacy has caused several court cases recently, mostly due to the digital revolution of business communication i.e. emails, memos etc. Technological developments have made it possible for all form of digital communication as well as Internet use in the workplace to be placed under surveillance. Although employees have their reservations about this, the employers are protected by the law. However, other actions of the workers like confidential discussions and their private…...
mlaBibliography
Cox, S., Goette, T., & Young, D. (2005). Workplace Surveillance and Employee Privacy: Implementing an Effective Computer Use Policy. Communications of the IIMA.
Muhl, C., (2003). Workplace e-mail and Internet use; employees and employers beware. Monthly Labor Review. 2, 36-45.
Smith, D., & Burg, J. (2012). What Are the Limits of Employee Privacy? Retrieved from GP Solo: http://www.americanbar.org/publications/gp_solo/2012/november_december2012privacyandconfidentiality/what_are_limits_employee_privacy.html
Rights and Obligations
'Drug use is information that is rightfully private and only in exceptional cases can an employer claim a right to know about such use." I wholly oppose this statement based on moral, as well as practical grounds. This brief considers the moral philosophy of utilitarianism, as well as the implications from which failure to drug test bring to a workplace.
The moral philosophy known as Utilitarianism was "originally proposed in the 19th Century by Jeremy Bentham," tuart Mill and others (Wikipedia, 2005, ¶1). The idea of this theory is one that suggests "the greatest good for the greatest number." My beliefs with regard to the first sentence are aligned with Utilitarian principle for two main reasons. The first are the figures that suggest that "drug abuse has been correlated with a decline in corporate profitability and an increase in the occurrence of work-related incidents," as it is "estimated that…...
mlaSources
Cranford, Michael. (1998). Drug Testing and the Right to Privacy: Arguing the Ethics of Workplace Drug Testing. Retrieved August 5, 2005, from Sundoulous: a fellow slave Web site: http://sundoulos.com/drugtesting/.
Wikipedia. (2005). Utilitarianism. Retrieved August 5, 2005, from Wikipedia: The Online Encyclopedia Web site: http://en.wikipedia.org/wiki/Utilitarianism
" (South Australia, p. 8)
This demonstrates the balance which is necessary in protecting the rights of the patient and simultaneously ensuring that physicians have the freedom necessary to perform to the best of their abilities. In a respect, this underscores the nature of the strategies used for the protection of patients' rights. The intention is primarily to provide a basic forum for the constructive interaction of patient and physician with legal recourse serving as a failsafe. So is this implied by the LSCSA, which indicates that the demands of existing Patients' Rights standards are designed to make the physician actively accountable to the patient's interests. Therefore, the LSCSA indicates a strategy for preserving the right to consent, reporting that "although the first step usually should be to speak to the doctor or other health care provider who has treated the patient, if any doubts remain, a patient should not…...
mlaWorks Cited:
Legal Services Commission of South Australia (LSCSA). (2010). Patients' Rights. Law Handbook.sa.gov.au.
South Australia (1995). Consent to Medical Treatment and Palliative Care Act 1995. Legislation Revision and Publication Act 2002.
South Australia1 (2009) Mental Health Act 2009. Legislation Revision and Publication Act 2002.
If the company wants productive employees who give back to their places of employment and remain committed to company values, then reading employee emails should be prohibited. Reading employee emails represents a gross violation of privacy, which should be protected in an employee bill of rights. Even though employers need to make sure that employees are not playing games or doing too much personal emailing on company time, a certain degree of personal emails should be permitted, tolerated, or even encouraged to make workers feel at home and comfortable while in the office. Finally, reading employee emails is a type of privacy violation that garners bad publicity and the company might suffer poor public relations if it becomes notorious for reading employee emails. Reading employee emails should not be tolerated because ultimately it harms the company....
Employee Privacy Torts
History of Employee Privacy
Changing Trends of Employee Privacy
Impact of Innovative Technology on Employee Privacy
ole of Social Media towards Employee Privacy
Impact of Changing Community/Society on Employee Privacy
Adaptation to the new Environment pertaining to Employee Privacy
Employee Monitoring and Surveillance
Laws and Employer Policies for Text Messaging and Social Media
Electronic Communication Privacy Act
Monitoring of Employee Conversations over Telephone & Email
ecommendations for creating Effective Policies
Future Implications of Employee Privacy
As years have passed and the human race has penetrated into the epoch of twenty first century, the technological advancements have conquered almost every facet of human life, especially the workplace. The widespread platform of the internet has become the integral part of a person's life, in the same manner as businesses are employing technological advancements to perform numerous activities like internet infrastructure, maintenance of computers and so on. It means that the human race is residing in a magnificent era where the flow of…...
mlaReferences
Baker, D., Buoni, N., Fee, M. & Vitale, C. (2011). Social Networking and Its Effects on Companies and Their Employees. Retrieved from: http://www.neumann.edu/academics/divisions/business/journal/Review2011/SocialNetworking.pdf
Bergh, N.V.D. (2000). Emerging Trends for Eaps in the 21st Century. Haworth Press, Incorporated.
Campbell, D. (2007). The Internet 2007: Laws and Regulatory Regimes. USA: Lulu.com.
Cate, F.H. (1997). Privacy in the Information Age. USA: Brookings Institution Press.
egulating Internet Privacy
Privacy regulation has remained pinnacle of issues that got birth with internet. Every innovation in technology is at the expense of privacy; it is no more there as most of technicians believe. A layman using internet does not find how and when his personal information is can be traced by someone else; privacy at workplace that was once enjoyed by the employees is no more at one's disposal, and the never ending cookies and internet bugs allow heightened levels of internet surveillance. General public, heedlessly, isn't aware of such issues and is jolted only when such issues are raised on media. Marc otenberg tells us about its importance, "Privacy will be to the information economy of the next century what consumer protection and environmental concerns have been to the industrial society of the 20th century" (Spinello, 2003).
What is the extent of privacy erosion? Where is it necessary and…...
mlaReferences:
Lugaresi, N. (2010). Electronic privacy in the workplace: Transparency and responsibility. International review of law, computers & technology, 24(2).
OECD guidelines on the protection of privacy and transporter flows of personal data. (n.d.). Retrieved April 10, 2013, from http://www.oecd.org/internet/ieconomy/oecdguidelinesontheprotectionofprivacyandtransborderflowsofpersonaldata.htm
Schwartz, Paul M. (2000). Internet privacy and the state. Connecticut Law Review, Vol. 32, spring.
Spinally, R.A. (2003). Cyber Ethics: Morality and law in cyberspace. Canada, CA: Jones and Barlett Publishers.
iegele indicates that "employers often wish to know whether they are entitled to contact an applicant's references and what obligations they may have in this regard. ith respect to obtaining consent to contact such references, it is accepted that an applicant who lists references on a job application or resume is implicitly consenting to a prospective employer contacting and obtaining information from those references. Similarly, it is generally accepted that an applicant who lists former employers is deemed to be giving consent to have those employers contacted for references." (iegele, p. 3)
Conclusion:
This speaks to the fundamental condition in the relationship between employer and prospective employee. The latter must make available willingly certain information that would otherwise be considered private and protected. This is part and parcel to the process of attempting to gain employment and provides the prospective employer with avenues to determine the suitability of the individual not…...
mlaWorks Cited:
Draper, H. (2012). Facebook Privacy Issues Arising in Hiring Process. Biz Journals.
Fleischer, M. (2010). A Legal Landmine: Privacy Issues in the 21st Century. Med Team Support Staffing.
Forster, E. & Garakani, G. (2007). Critical Issues in the Hiring Process. Blaney McMurtry Barristers & Solicitors, LLP.
Waggott, G. (2011). Law Note -- Pre-Hiring Background Checks. McMillan.ca.
Employee Privacy Torts
Issues relating to employee privacy have been at the forefront of businesses for many years. This has been fuelled by the dynamic workplace which changes constantly and also by employees and employers being more litigation-conscious. Technology has also spurred on employee privacy issues with e-mail and the internet being related to heightened concerns about vulnerability of employers to litigation. Many employers have thus exacerbated their concerns relating to employee privacy and especially monitoring of employee behavior. Employee privacy is respected in many of the large corporations. However, there still exist some breaches in employee privacy. Small business owners are at most risk as a result of their increased monitoring practices and close employer-employee interaction.
Historical background
oberson v. ochester Folding Box Company
One of the major cases that brought employee privacy to the limelight was oberson v. ochester Folding Box Company
Franklin Mills Co. decided to appeal the decision. The appellate found…...
mlaReferences
Anderson v. City of Philadelphia, 845 F. 2d 1216 (1988).
Borse v. Piece Goods Shop, 963 F.2d 611 (1991).
Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1988).
City of Ontario v. Quon, 130 S.Ct. 2619, 560 U.S. (2010).
ight to Privacy
Being a citizen of the United States comes with many benefits in comparison to citizenship in other countries. Through the U.S. Constitution and the Bill of ights we are granted certain rights -- the right to free speech, freedom of religion, freedom of the press, and freedom of assembly -- just to name a few. However, despite the 27 amendments the Bill of ights that guarantee American protections and liberties, there is no explicit law that guarantees protection to a citizen's right to privacy (Davis, 2009). It is more of an assumed protection, although most Americans do not realize it.
In 1928, Associate Supreme Court Justice Louis Brandeis referred to the right to privacy as the "right to be left alone" (De Bruin, 2010). This assertion is often supported with a citation of the 14th amendment which states: "No State shall make or enforce any law which shall abridge…...
mlaReferences
Cowan, J. (2010). Why we'll Never Escape Facebook. (Cover story). Canadian Business, 83(10), 28-32.
Davis, S. (2009). Is There A Right To Privacy? Pacific Philosophical Quarterly. 90(4), 450-475.
De Bruin, B. (2010). The Liberal Value of Privacy. Law & Philosophy, 29(5), 505-534. doi:10.1007/s10982-010-9067-9.
Doyle, C., & Bagaric, M. (2005). The right to privacy: appealing, but flawed. The International Journal of Human Rights. 9(1), 3-36.
Employee Handbook Privacy Section
ABC Widget Company: Employee Handbook Privacy Section
What privacy rights issues should be addressed?
In the Age of Information, there are increasing concerns being voiced about what can legitimately be expected to be kept private, and how these issues affect employees' rights in the workplace. According to Hayden, Hendricks and Novak (1990, most adults spend approximately one-half of their waking hours in the workplace today, and it is therefore not surprising that employment practices affect a broad range of privacy rights. With the sole exception of polygraph ("lie-detector") testing, there are not many areas of workplace activities that are addressed by the U.S. Constitution or national privacy laws. As a result, employers in the United States have a great deal of flexibility in collecting data on their employees, regulating their access to personnel files, and disclosing the contents of employee files to those outside the organization. Besides the issue…...
mlaReferences
Backer, T.E. & O'Hara, K.B. (1991). Organizational change and drug-free workplaces:
Templates for success. New York: Quorum Books.
Hayden, T., Hendricks, E. & Novik, J.D. (1990). Your right to privacy: A basic guide to legal rights in an information society. Carbondale, IL: Southern Illinois University Press.
Muhl, C.J. (2003). Workplace E-Mail and Internet Use: Employees and Employers Beware An
Portability vs. Privacy
Electronic Medical ecords (EM) refers to the digital version of papers containing all the medical history of a patient. EMs are mostly applied in healthcare institutions for treatment and diagnosis.
Benefits of Electronic Medical ecords
The following are some of the benefits associated with electronic medical records (Thede, 2010). EMs are more efficient than paper records because they encourage providers to:
Track patient's data over time
Spot clients who are due for screening and preventive visits
Conduct patient monitoring to measure their parameters including blood pressure and vaccinations
Improve the overall quality of service provision in the practice
Electronic medical records store information in a manner that makes it impossible for outsiders to access. It might be necessary to print patients' medical records and delivered through the mail to other health care members or specialists.
HIPAA egulations and EM
The federal government passed the Health Insurance Portability and Accountability Act (HIPAA) that led to the emergence…...
mlaReferences
Thede, L. (2010). Informatics: Electronic health records: A boon or privacy nightmare? Online Journal of Issues in Nursing, 15(2), 8.
http://www.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofCon
Jacques, L. (2011). Electronic health records and respect for patient privacy: A prescription for compatibility. Vanderbilt Journal of Entertainment & Technology Law, 13(2), 441-462. http://www.jetlaw.org/wp-content/journal-pdfs/Francis.pdf
Stanhope, M., & Lancaster, J. (2012). Public health nursing: Population-centered health care in the community. Maryland Heights, Mo: Elsevier Mosby.
1. The Ethical Implications of Domestic Surveillance
2. The Impact of Domestic Surveillance on Civil Liberties
3. Balancing Security and Privacy in Domestic Surveillance
4. The Effectiveness of Domestic Surveillance in Preventing Crime
5. The Role of Technology in Enhancing Domestic Surveillance
6. The Psychological Impact of Living under Constant Surveillance
7. Government Accountability in Domestic Surveillance Programs
8. The Legal Framework Surrounding Domestic Surveillance
9. Public Perception of Domestic Surveillance
10. The Future of Domestic Surveillance in a Digital Age
11. The Controversy Surrounding Domestic Surveillance Practices
12. The Balance Between Security and Personal Freedoms in Domestic Surveillance
13. The Evolution....
## Crafting a Debatable Thesis Statement on Mental Health Stigma
1. Define Mental Health Stigma:
Establish a clear understanding of mental health stigma as a social phenomenon that involves societal attitudes, beliefs, and behaviors that negatively impact individuals with mental health conditions.
2. Identify the Key Aspects:
Consider various dimensions of stigma, such as:
Public Stigma: Negative attitudes and perceptions held by the general public.
Self-Stigma: Internalized negative beliefs by individuals with mental health conditions.
Structural Stigma: Institutional barriers and discrimination faced by individuals with mental health conditions.
3. Establish a Debatable Claim:
Formulate a thesis statement that presents a debatable position on mental health stigma.....
1. The role of artificial intelligence in shaping the future of work
2. The impact of social media on interpersonal relationships
3. The benefits and drawbacks of internet connectivity in developing countries
4. The implications of digital surveillance on individual privacy rights
5. The influence of technology on healthcare delivery and patient outcomes
6. The effects of automation on job displacement and income inequality
7. The ethical considerations of genetic engineering and its impact on society
8. The risks and rewards of the "internet of things" in everyday life
9. The potential of virtual reality and augmented reality in transforming education and entertainment
10. The challenges of regulating emerging....
1. The impact of social media on face-to-face communication
2. The ethical implications of gene editing technology
3. The future of artificial intelligence in society
4. The role of environmental conservation in addressing climate change
5. The relationship between technology and mental health
6. The effects of globalization on cultural identity
7. The significance of storytelling in human communication
8. The challenges and benefits of implementing sustainable practices in businesses
9. The intersection of religion and politics in shaping societal norms
10. The ethics of animal testing in scientific research.
11. The influence of government surveillance on individual privacy rights
12. The impact of mass media on shaping public opinion and....
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