Running head: EMPLOYMENT RIGHTS

Employment Rights and Employers Responsibility

Jose Ismael Vasquez

The International College of the Cayman Islands
David Marshall

Due: Thursdays, the 23 of June 2016

EMPLOYMENT RIGHTS

2
Abstract

This paper provides a reflection on the Chicago seminar trip experience with my area of interest
being employment rights. Employees are important sources of competitive advantage as they
transform the goals and objectives of an organization into tangible results. They need a work
environment that allows them to pursue their career goals and corporate objectives. The labor
law requires companies to provide the basic rights to employees. However, it is difficult for
workers to fight for their rights if they do not know them in the first place. In the exploration, it
was noted many businesses in Chicago have integrated corporate social responsibility within
their corporate strategies, one company which held CSR dearly was Allstate. They focus not only
on the profit making objectives, but also on the society. They value their stakeholders and
consider their employees as their most valuable asset. These organizations uphold the right to
unionize, freedom from discrimination, a safe workplace, and the right to fair compensation. The
lessons learned, such as the need to understand the labor law and stand up for workplace rights,
are critical to the professional career growth.
Keywords: Employment, labor law, employee rights, corporate social responsibility, workers.

EMPLOYMENT RIGHTS

3
Employment Rights

In any business, employees are important sources of competitive advantage. They

transform the goals and objectives of an organization into tangible results. However, for workers
to execute their tasks well, they need a work environment that allows them to pursue both their
career goals and organizational objectives. Companies are bound by law to provide basic rights
to their employees (Lawrence & Weber, 2013). The Employment Act protects employees against
wrongful termination, discrimination, ensures workplace safety and fair wages. It is worth noting
that all employees in the workplace have fundamental rights, including the right to privacy,
freedom from discrimination, and the right to fair compensation. Even before companies hire job
applicants, they have the right to be protected from discrimination of any form. Prospective
employers cannot ask the candidate questions that are deemed to infringe on their privacy during
the recruitment process. Workers' rights have transformed employment relations and specifically
the relationship between employers and their employees. However, it is critical to investigate the
extent to which different organizations recognize employee rights.
The topic is important considering that very few employees understand their rights and
many others have been victims of discrimination and wrongful termination. The fact that they do
not know their rights makes them unable to comprehend when their employers violate their
rights and the action that they ought to take. Further, businesses have an important role in the
society. They are mandated to not only pursue their profit goals but ensure that they help in
improving the quality of life and the environment in which they operate (Carrol & Shaban,
2010). Safeguarding employment rights is the starting point of the obligations that enterprises
have to the society. An organization that upholds workplace rights will ensure that workers have

EMPLOYMENT RIGHTS

a conducive environment, receive fair compensation, are freed from discrimination, and have
secure jobs.
The Chicago Experience
Chicago is the third most populous urban center in the U.S. The city has excellent
infrastructure and landmark buildings that make it stand out from the rest. It is renowned for
being the headquarter to many large companies including but not limited to Boeing Co, Archer
Daniels Midlands, Caterpillar, Walgreen Boots Alliance, and United Continental Holding and
one which is known locally, Independent Grocers Alliance (IGA). These organizations employ
most of the workforce in the region. Their success is attributed to the fact that they value their
personnel by providing them with a healthy workplace environment.
Perhaps, one of the most striking aspects in Chicago is the commitment that organizations
have to corporate social responsibility. Companies have integrated CSR strategies in their
business model. By definition, CSR entails voluntary activities that a firm undertakes to operate
in a social, environmental, and economically sustainable manner (Moir, 2001). It also means a
responsible business that aims to provide for todays population without undermining the ability
of future generations to provide for them. Many companies in Chicago pursue both their profit
and social roles. As such, they have committed themselves to various social and environmental
initiatives. For instance, it came out clear that Boeing Company has initiated numerous programs
that aim to improve education and healthcare in the region (Boeing Company, 2016). It has set
aside a portion of its profits to support this important goal. Firms have an important role in the
society. They are not only responsible for the internal stakeholders, but also external

EMPLOYMENT RIGHTS

stakeholders. It is attributed to the fact that their actions affect the community in which they
operate. They must, therefore, do all they can to ensure that they improve the lives of people.
Boeing has developed a code of working conditions and protects human rights (Boeing
Company, 2016). The company affirms that people are its most valued asset in the sense that
their group and individual contributions account for its success. It has developed practices and
policies to guarantee its employees their rights and protection. They include the right to be
protected from harassment and discrimination, freedom of association, fair compensation, safe
work environment, protection from wrongful termination and privacy (Boeing Company, 2016).
The company follows the employment law stipulated by the Department of Labor and ensures
that it does not infringe on the rights of its staff. Most of the employees understand their rights.
They have developed strong working relations with the company.
Cases of discrimination or wrongful termination are minimal. Employees do not hesitate
to question any practice that they deem unlawful. By doing so, they keep the organization in
check and ensure that it follows the practices outlined in the law. Employees in Chicago are in
unions. The right to organize and bargain collectively is guaranteed by the labor law (Compa,
2008). It is illegal for employers to threaten to fire, fire, discipline, layoff, reassign, or transfer an
employee for supporting the union. It is also illegal to favor employees that do not support the
union. The law bars employers from promising their employees a promotion, a pay rise, and
benefits for opposing a union. For this reason, many employees are in unions, which they use to
champion for their right. Chicago has hundreds of labor unions, some local and others
international. Through the unions, workers can negotiate their wages among others.

EMPLOYMENT RIGHTS

Many organizations have created a safe and healthy workplace. Employees have the right
to raise any workplace concerns to their employer without the fear of being fired, retaliated
against, or demoted (Michaels, 2016). They have a right to file complaints with OSHA when
they have reason to believe that they are working in a dangerous environment. Employees
understand that their jobs should not cost them their life or any injury. They often report to the
authorities on unsafe working condition to have something done about it and have the right to
decline a given job task if it poses an immediate danger to them. If workers believe that the
company has acted against them, they can bring a complaint to have the necessary actions taken
against the employer. Besides, they can access information and records about illnesses and
injuries, which happen in their workplace. The OSHA provides workers with all these rights and
directs organizations to create a safe work environment (Cancino, 2015).
Many employees have taken action against their employers for exposing them to a
dangerous workplace environment. Many employees have filed complaints against their
employer for demoting or threatening to fire them for reporting unsafe workplace conditions.
The whistleblower act protects these workers, and they do not fear to report any deviations from
a safe environment. A closer interaction with some of the employees working in different
companies in Chicago revealed that many of them have been compensated or reinstated after
being fired for exposing unsafe working conditions (OSHA Rights, 2015). Due to this, many
organizations have moved to make their workplace environment safe and secure to prevent any
potential lawsuit from either the employees or government inspectors.
Besides, businesses in the region uphold the right to privacy. In the workplace, employees
have some privacy. The law requires employers to balance their need of knowing with the need
to ensure the right to privacy. In essence, if companies collect personal information, the law

EMPLOYMENT RIGHTS

requires them to use it for appropriate purposes. Workers have the right to access personal
information and challenge its completeness and accuracy. In the event an employer uses
employee rights in the wrong way, the worker has a right to file a lawsuit to seek compensation
or damages.
Although employee discrimination exists, it is minimal. The employment law protects
employees from any form of discrimination whether based on age, sexual orientation, parental
status, national origin, age, marital status, race, or color (Lawrence & Weber, 2013). As long as
an employee meets the requirements for a given job, the organization has no reason not to hire.
Most organizations in Chicago have diverse employees drawn from different backgrounds. It is
common to find young, old, white, and black people working together towards achieving a
common goal. In fact, the law requires that employers should avoid discriminating against
potential job applicants by setting conditions, which deny some group of people the chance to be
hired. Interestingly, workers are highly conversant of their rights and can identify job
specifications that are discriminatory with ease. They do not stop there, but often proceed to
report to the relevant authorities to have the issue addressed. Working people in Chicago enjoy
basic legal rights in the workplace, and many employers recognize these rights as evidenced.
Many companies do not just value their profits, but focus on their larger impact on the overall
stakeholders (Moir, 2001).
Application of the Learning
The Chicago Seminar has valuable lessons that are central to my professional growth. It
is the goal of every student to graduate and join an organization that provides a good work
environment. The experience has brought to my attention the need to understand my rights as an

EMPLOYMENT RIGHTS

employee and stand up when I feel that the employer is infringing on them. Although workers'
rights vary across regions, the right to privacy, fair compensation, freedom from discrimination,
and the right to protection from any wrongful termination are almost universal. Every country
has an employment law that stipulates the relationship between the employee and the employer. I
will study the employment law to determine the rights of workers and ways in which employees
can relate to their employers in a smooth manner. In the workplace, I will determine whether the
organization has a copy of the employment law and whether it follows it.
Another important lesson from this experience is that employees can seek a legal action if
they believe that the employer has contravened their rights (Moir, 2001). I found out that many
employees in Cayman fail to stand up for their rights because they do not understand their rights
and the way to protect them. As noted, challenging my rights in the courts is critical to my career.
If I believe that the employer has terminated my services in a wrongful manner, or the
management is discriminatory, I will file a lawsuit to prevent the company from destroying my
professional career. Employees who know their rights will not just sit and allow the companies to
deny them their rights. As long as the law guarantees employee rights, it is justified to fight for
them. Another important lesson is that employees need to be united to ensure that their employer
accords them the right workplace environment.
Further, businesses and society are intricately linked (Noren, 2004). The activities of an
organization affect both internal and external stakeholders. Therefore, it is important for a
company to focus not only on its profit making objectives but also on the society. Businesses
should ensure that as they pursue their profit goals, they leave a positive impact on the
community and the environment. Importantly, organizations need to make sure that they protect
employment rights. As a potential business owner, I will make sure that I uphold the rights of all

EMPLOYMENT RIGHTS

future employees, including their right to safety, fair compensation, and freedom from
discrimination. Further, this learning trip has made it possible to understand the employment law
and the rights it requires businesses to uphold. Equipped with the resources, it will be easy to
argue my case about employee rights and ensure that companies do not infringe on them.
The Chicago seminar has added immense value to my view on workplace rights and the
role of businesses in the society. I now understand why businesses have a legal responsibility to
ensure that they provide a safe work environment. I also know that companies must avoid any
discrimination and guarantee the privacy of their employees. The bottom line is that corporations
do not exist just to focus on their profits, but have an obligation to the larger society (Newton,
2014). These include employees, customers, and the community. Failure to uphold employment
rights can lead to lawsuits and hefty penalties. For employees to push for their rights, they must
first know them. After all, it would be difficult for one to know that the employer is infringing on
his or her rights if he does not understand those rights in the first place. Therefore, it is both the
duty of the employer and the employee to understand the labor law and employment rights and
ensure that they are followed.
Limitations
Although the trip was successful as I learned much about employment rights and the
business world which is Chicago, there were certain limitations. One of the main limitations was
the amount of time. Chicago and its environs are big. Thus, I did not cover as many
organizations as I hoped. I wanted to find out how different companies handle employment rights
and make a conclusive opinion about workers right in the region. In particular, I sought out to
determine workplace rights in public and private sector organizations and ascertain which of

EMPLOYMENT RIGHTS

10

them abides by the employment law more. Another important goal that I wanted to accomplish
was to find out whether some workers had sued their employers for infringing on their rights.
While I learned that some organizations (in Chicago and in the Cayman Islands) have once been
found to discriminate against employees and even dismiss them wrongly, I did not succeed to
identify specific employees who had earlier sued their employer for undermining their rights.
Thinking about it now, it wouldve been cool to have a forum where employees and their
employer would give their views on employment rights in their organization. Such sessions
wouldve been idle because they make it possible to go deeper into the topic and unearth what is
unknown to many people. I will pursue the unfulfilled goals by prioritizing them in the future.
Summary and Conclusion
In summary, this paper has provided a reflection on the Chicago experience and
highlighted ways in which organizations uphold employment rights. As noted, workers need a
healthy work environment that allows them to pursue both their career goals and corporate
objectives. Businesses can create this environment, focusing on both their profits and the society.
The labor law guarantees basic rights, including the right to privacy, freedom from
discrimination, and the right to fair compensation. Most of the enterprises in Chicago uphold
employment rights in their efforts to position themselves as workplaces of choice. They are
committed to CSR to ensure that they affect their stakeholders in a positive manner. However,
there have been incidences where employees have sued their employers for failure to protect
their rights. Boeing is one of the many multinational corporations that values employee rights. It
has developed a code of working conditions and guarantees human rights. The company affirms
that people are its most valued asset meaning that their group and individual contributions

EMPLOYMENT RIGHTS

11

account for its success. Most of the employees understand their rights. They have developed
strong working relations with the management.
Many other organizations have created a safe and healthy workplace. The right to privacy
is guaranteed in almost all organizations in Chicago. Although cases of discrimination feature in
some organizations, they have reduced significantly. All businesses are mandated to uphold
workplace rights and create an environment where employees feel safe and secure. An employee
should understand his or her right to ensure that companies do not infringe on them. Although
this trip achieved most of the initial objectives, time was a limiting aspect. All in all, this
experience is extremely valuable to my professional career.

EMPLOYMENT RIGHTS

12
References

Boeing Company. (2016). Code of basic working conditions and human rights. Retrieved on
June 9, 2016 from http://www.boeing.com/principles/human-rights.page.
Cancino, A. (2015). Deere accused of firing whistleblower who reported unsafe conditions.
Chicago Tribune. Retrieved on June 1, 2016 from
http://www.chicagotribune.com/business/ct-deere-labor-department-lawsuit-0710-biz20150709-story.html
Carrol, B.A., & Shaban, K.M. (2010). The business case for corporate social responsibility: A
review of concepts, research, and practice. International Journal of Management Review,
Retrieved on June 9, 2016 from
http://www.fairfaxcountypartnerships.org/resources/articles_CSR_/Business%20Case
%20for%20Corporate%20Social%20Responsibility-%20IJMR.pdf
Compa, L. (2008). Corporate social responsibility and workers rights. Comparative Labor Law
and Policy Journal, 30(1), 1-10. Retrieved on June 9, 2016 from
http://digitalcommons.ilr.cornell.edu/articles/183/
Lawrence, A., & Weber, J. (2013). Business and society: Stakeholders, ethics, public policy 14th
edition. New York: Mc Graw Hill.
OSHA Rights. (2015). Workers Rights. Retrieved on June 9, 2016 from
https://www.osha.gov/Publications/osha3021.pdf.
Michaels, D. (2016). We all have rights: A safe and healthy workplace is one of them. US
Department of Labor. Retrieved on June 9, 2016 from

EMPLOYMENT RIGHTS

13

https://blog.dol.gov/2014/08/26/we-all-have-rights-a-safe-and-healthy-workplace-is-oneof-them/.
Moir, L. (2001). What do we mean by corporate social responsibility? Corporate Governance,
Corporate Governance, 1(2), 16-22. Retrieved on June 1, 2016 from
https://core.ac.uk/download/files/23/138652.pdf
Newton, L.(2014). Business ethics in the social context, law, profits, and evolving moral practice
of business. Retrieved on June 9, 2016 from https://www.google.com/url?
sa=t&rct=j&q=&esrc=s&source=web&cd=44&cad=rja&uact=8&ved=0ahUKEwityZDT
t5vNAhWFAcAKHVgvAec4KBAWCDEwAw&url=http%3A%2F
%2Fwww.springer.com%2Fcda%2Fcontent%2Fdocument%2Fcda_downloaddocument
%2F9783319008691-c2.pdf%3FSGWID%3D0-0-45-1406127p175260993&usg=AFQjCNHNKkzdT_kf35PPKW5oR_muCUuyiQ&sig2=eYmXt7jVG
6l1L34Tnx9RAA&bvm=bv.124088155,d.ZGg
Noren, G. (2004). Role of business in the society. Retrieved on June 7, 2016 from
http://www.svensktnaringsliv.se/migration_catalog/the-role-of-business-insociety_532870.html/BINARY/The%20role%20of%20business%20in%20society