Solutions to Organizational Dilemmas

Solutions to Organizational Dilemmas

Memorandum

Date:   09/04/2022

To:       The CEO

From:   Kylie Bargiel

Re:       Solutions to Organizational Dilemmas

Dilemma 1: Determine the level and extent of monitoring for our business: Are we legally allowed in Arizona to monitor employees smoking habits? Additionally, may we also test for the use of cannabis in any form? What are the ethical considerations of this testing, even if it is deemed legal?

Arizona gives employers the authority to monitor employee smoking habits. Therefore, we are legally allowed to monitor employee smoking habits and take appropriate measures to discourage smoking in the workplace. We may also test for the use of cannabis in any form. According to Jones (2022), Arizona has a voluntary drug testing law that requires employers to inform employees that a drug test is being conducted. Therefore, we need to get consent from employees before testing them for the use of cannabis in any form. We must also determine whether an employee has a medical marijuana card holder. The law states that it is legal for individuals with a medical marijuana card to consume marijuana as long as the prescription is obtained legally. One of the ethical considerations of marijuana testing is the purpose of its use. We need to establish whether the employee is using marijuana for medical reasons.

The law allows employers to initiate disciplinary action against employees who possess, use, or are impaired by marijuana in the workplace or during working hours, even if they have a medical marijuana card allowing them to use marijuana. Another ethical consideration is the limits of medical marijuana use in the workplace for employees who need to use it regularly. We need to include the circumstances under which an employee with a medical marijuana prescription can be terminated. This information should be outlined in the company’s policies and procedures. For example, removing an employee with a medical marijuana license who has tested positive in Arizona requires an employer with a zero-tolerance drug policy to establish that it has reasonable grounds to believe that an employee was impaired. Another ethical consideration is the timing of the test. The test should be conducted immediately before, during, or after an employee’s regular work period.

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Dilemma 2: Describe any specific accommodations we need for religious principles. Provide insight on the current position of the Supreme Court of the United States (SCOTUS) on these types of religious accommodations.

The Arizona Civil Rights Act prohibits employers from discriminating against their employees on religious grounds. One of the accommodations we need to make for spiritual principles is reasonably accommodating employees with sincerely held spiritual practices, beliefs, or observances even though they conflict with work requirements. However, we may limit accommodation for religious beliefs, observances, and practices that create hardship in the work environment. For instance, accommodations that compromise worker safety, increase the cost of running a business, infringe on the rights of other employees, decrease workplace efficiency or require other employees to do more work than others may be disregarded. We also need to set strict rules prohibiting religious coercion, which includes forcing employees to abandon their religion, adopt specific spiritual practices and alter their religious beliefs and practices to receive work benefits. Practices such as spiritual workshops within the workplace should be prohibited, and employees should not be forced to participate in spiritual practices even though colleagues organize them.

Another accommodation is allowing employees to spend a day off during critical globally acknowledged religious festivals, such as Eid al-Fitr for Muslims and Christmas for Christians. The company should also accommodate the spiritual practices of most employees and honour their religious festivals by declaring a day off for all employees to create equality. Another accommodation is creating flexible work breaks to allow employees such as Muslims to honour the religious practices that require them to spend some time praying. We may set aside a room where they can hold the prayers and ensure that every employee treats the area respectfully to avoid religious-based conflicts that could affect the workforce’s productivity.

References

Jones, A. (2022, July 21). The top 5 things to know about drug testing in Arizona | ClearStar. ClearStar |. https://www.clearstar.net/the-top-5-things-to-know-about-drug-testing-in-arizona/

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This assignment aims to apply legal and ethical analysis to important employment law issues and use that analysis to develop recommendations for implementing defensible employment practices.

Solutions to Organizational Dilemmas

Consider and apply the feedback provided by your instructor regarding your Topic 5 Employee Monitoring and Religion in a Community Context assignment submission. Evidence of revision will be assessed and should be evident.

The CEO has communicated to you the following dilemmas. Utilizing the previous research you have conducted in Parts 1 and 2, draft a memo of 500 words responding to each dilemma. Provide references to support your stance.

Dilemma 1: Determine the level and extent of monitoring for our business: Are we legally allowed in Arizona to monitor employees smoking habits? Additionally, may we also test for the use of cannabis in any form? What are the ethical considerations of this testing, even if it is deemed legal?
Dilemma 2: Describe any specific accommodations we need for religious principles. Provide insight on the current position of the Supreme Court of the United States (SCOTUS) on these types of religious accommodations.
APA style is not required, but solid academic writing is expected.