Tham khảo tài liệu 'ethical choices and legal obligations_4', khoa học xã hội, hành chính - pháp luật phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả | 100 Temptations in the Office marks I don t think so. Was such a decision managed in an ethically sensitive way Suppose there was no discrimination involved. Suppose that Sheila White was Sheldon White a white male single parent. The law finds it easiest to interfere in cases of discrimination because differential treatment can be readily proved to a jury. As we saw in Linda s story at the beginning of Chapter 1 not all conduct that raises our ethical hackles involves differential treatment. But while it s discrimination that draws the law s ire most people s ethical sensibilities will be outraged by such an action. At the Supreme Court the company argued that the thirty-seven-day suspension was without significance and did not constitute retaliation because the company reinstated White and awarded her back pay. The Supreme Court rejected this argument on legal grounds namely its interpretation of the federal statute. But I think we can infer what they thought about this action when Justice Stephen Breyer wrote with seven justices concurring Thus the jury s conclusion that the 37-day suspension without pay was materially adverse was a reasonable one. 22 PARAMOUR PREFERENCE The final issue in the realm of sex in the workplace is an area in which the law is not involved. I call this paramour preference. It s the opposite of one of the sexual harassment scenarios we ve considered. In cases like our story about Ted and Petra a male executive conditions a benefit such as a raise or a promotion on a female fellow employee s becoming or remaining his sexual partner. In such cases while not rape because there is no physical violence the woman s consent is not the result of her genuinely free choice. In the paramour preference scenario the relationship between the man and the woman is a given. The person with power usually but not necessarily the man confers the benefit on his partner because of the relationship not necessarily because she or he is the most qualified or .
