BUS325 Ethics Betty Dukes Case Study

BUS325 Ethics Betty Dukes Case Study

Instructions/Descriptions

BUS325 Ethics Betty Dukes Case Study

2001, Betty Dukes from Pittsburg, California, filed a sex discrimination claim based on promotion and pay against her employer Wal-Mart, the world’s largest retailer. What started as complaints to her supervisors over lost promotion opportunities and perceived retaliatory measures against her has turned into what could have been the biggest class-action lawsuit in U.S. history. She filed her lawsuit on behalf of every female who is or has been employed at the company since 1998 (1.5 million women).

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Moved forward by the U.S. Court of Appeals for the Ninth Circuit, the determination of whether this qualified as a class-action suit or not was recently heard by the U.S. Supreme Court. The Court’s decision disqualified the class action status of the case and is a monumental victory for Wal-Mart as a class-action lawsuit would have cost the company billions of dollars. This decision impacted other corporations as well who were facing gender-based pay and other forms of discrimination suits.

The pivotal issue was whether a large employer like Wal-Mart that gives store managers almost complete discretion in evaluating employees for promotions and pay raises can be sued by groups of employees across those stores, in effect, saying that such discrimination was the result of a corporate-level policy. Many legal experts believed there was not enough evidence to suggest this, but the issue of pay discrimination is still a serious one that Wal-Mart needs to address.

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In your paper on this issue, you are expected to cover the following:

Review and summarize this case, using credible internet sources.

Identify and discuss the ethical issues involved when a corporation as prominent and economically powerful as Wal-Mart is accused of discriminating against women in pay and promotion decisions.

Discuss what steps organizations can or should take to ensure pay equity among men and women.

Keep the following points in mind:

The case is well researched and major relevant ethical issues are highlighted.

The analysis integrates course material and is presented in a logical, organized manner.

Compose your work in a .doc or .docx file type using a word processor (such as Microsoft Word, etc.) and save it frequently to your computer.

A Formal Agreement Problem

Please read the fact situation carefully, and using your knowledge of contract law, decide whether there is a contract between the doctor and David.

Problem:

On Monday morning when you enter your law office, you find Dr. Ben Heartache, the fastest scalpel in the West, waiting.  He needs legal advice.

Two weeks earlier, Dr. Heartache explained, he emerged from the operating room after completing an exhausting three-hour operation.  He was immediately asked to go to the emergency room in order to assist with a diagnosis regarding an accident case.  When the doctor arrived in the emergency room, he found an unconscious Professor Smith being attended to by his son, David

David was so upset it was difficult for the doctor to find out exactly what had taken place.  Apparently, the professor and his son were out for a Sunday drive when his car was hit by a large truck.  The doctor immediately concluded that the professor needed emergency brain surgery, and advised David that a request had already been made for a prominent brain surgeon from the State University to come and operate on his father.  Unfortunately, the university medical facility was located 78 miles away, and the professor’s condition was such that he might die before the surgeon arrived.

David pleaded with Dr. Heartache.  “I know you’re exhausted, but I’m begging you.  I’ll give you $45,000 if you will operate on my father.  Please, please, operate!”  The doctor, moved by David’s plea, decided to operate.  Fighting back fatigue, Dr. Heartache performed valiantly.  I certainly earned that fee, the doctor said to himself, as he emerged from the operating room.

The doctor truly put everything he had into the operation, but the injury was too great, and the professor died a few hours after the operation.  When David learned what had happened, he fainted.

Two days later, Dr. Heartache received an angry letter from David.  “Your incompetence was responsible for my father’s death,” he wrote.  “Obviously, I’m not paying you a red cent.  Try and collect, and I’ll make your life a living hell!”

Dr. Heartache feels that a valid contract entitling him to $45,000 was entered into by both parties.  He feels that he has earned the fee, and would like to collect.  How would you advise the doctor?

BUS325 Ethics Betty Dukes Case Study

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