Business Ethics: Case 8.4 - Have Gun, Will Travel...to Work
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This case study revolves around the morality and legality of employees parking cars with guns in them at the company parking lot. It discusses the laws regarding guns and private property, and the utilitarian and virtue ethics perspectives on the matter.
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Business Ethics Generally, the laws regarding guns are very confusing due to the lack of clarity in when these would apply and when these would not. The regulations of both Federal and State cover loopholes for gun placement in the car in comparison to gun placement in car while the gun is loaded, and in these two scenarios being present on private property. This case study revolves around these very aspects, particularly in context of the businesses and gun in private parking. (1) Even though holding a gun is a legal right, I believe it is not morally correct to own a gun. This is particularly in light of the recent events which we come across on daily basis, where gunmen make use of this right, to wreak havoc on the general public, be it at school or the supermarket. Even though some have justified holding guns for protecting themselves, but for those reasons, there is the law enforcement. The utilitarian view is that such actions have to be undertaken which maximize the utility for the majority (Bykvist, 2010). When it comes to gun holding, the majority is not benefitted. In order to protect the individuals, there are different categories of law enforcement, police and other security measures put in place. To justify safety of oneself as the reason of holding a gun is thus immoral. This is particularly true due to the problem presented when a person parks a car with loaded gun, in the private owned parking lot of another person, particularly when the wishes of the owners are not upheld. Immanuel Kant gave the golden rule under the duties of categorical imperative, where he stated that the individuals should treat others in the way they want to be treated (Bowie, 2017). So, when a person does not pay respect to the owner of the parking lot, they invite the chances of being disrespected and be ignored as well. Even when a person has the legal right of owning a gun, it is restricted to public places and not private places. Thus, it is Page2
Business Ethics crucial to respect the wishes of the parking lot owner in terms of bringing the loaded gun to their property, otherwise it would be deemed as an immoral act. (2) When it comes to the morality or legality of the employees right to park cars with guns in them at the company parking lot, it can go two ways. The first way is where this is deemed as moral, in terms of the security and safety of the employees. This view also carries with it the legality of this action, where the company policy allows for the employees to carry guns with them and leave it in parked cars. However, this is the view which I do not favour, and the second way suits my viewpoint. This view presents that it is immoral for the employees to park cars with guns in them in the parking lot of the company. This is because the companies do indulge in ensuring the safety of their employees. In this regard, they not only install cameras in the parking lot, but also have security patrolling in the parking lots. The legality of this matter depends on the company policy. But the morality dictates that this is not moral. The reason for this is that even when the companies do not have proper security measures, the same can be brought to their attention, in place of carrying guns which could result in creating security concerns. Another view which supports this contention is that when a person leaves a loaded gun in their car, and it is misused, who will have to bear the liability. Would the company be made liable, as the incident occurred in their parking, or would the employee be made liable, as it was their gun? Even when the employee is made liable, vicarious liability would make the company liable. Page3
Business Ethics (3) The state and the federal laws give protection to the right of bearing arms (Shaw, 2016). Even though the private companies do have the freedom of making and implementing their own rules and regulations, the United States law speaks for itself. In the recent decades, a number of states have adopted the concealed carry statute, in addition to the parking lot statutes or workplace protection which limits the right of the employers to stop the employees from being in possession of firearms even on the company property. This allows the workers to have guns and store them in their private vehicles when they are at work. Where an employee, official, or employer feels that there is an imminent threat due to the presence of weapon on the premises, the same has to be reported immediately as an act of violence or a threat. The workplace requires policies to be applied for proper procedure to follow when a workplace violence or threat incident is reported. In my view, I do support the notion of the state legislature to be involved in this regard. There are situations where the matter can be harmoniously solved between the employees and the company, but this is not the case always. Where the state legislatures bring clarity to the matter, the employees would not have to track down the policies of the company and to contend against it as the state legislature would make it clear that the particular thing is allowed or not. Though, this does raise questions on the rights of the companies in handling what they do in their private areas. It would be like infringement of right of the company to dictate their workplace. To counter this point, one can claim that each law which dictates the workplace conduct is thus an infringement of right of the company. For instance, the prohibition of racial discrimination at workplace can also be cited as an infringement of company’s freedom to Page4
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Business Ethics conduct its business. Thus, the best option is for the state legislatures to get involved and bring a solution to this problem. (4) Where the company does not permit their employees to bring and keep guns in their parked cars in the parking lot, it does not seem justifiable to bring in the guns at workplace, till the time the company allows the individual to carry a gun at their workplace. Where the individual brings the gun to workplace without these permissions, it would not be against the law, but also would be immoral. Even though some may advocate that bringing guns to workplace by employees is a step take towards their safety. But, one cannot deny that this would be violation of the right of the other employees to be provided with a safe working environment. This is particularly true from the utilitarian viewpoint, where the good of the majority is to be given supremacy, and such actions are to be undertaken which maximize the happiness of the majority (Mill, 2017). In order to give the employees the trust and safety at workplace, it is crucial for them to be assured that they would not have to look over their shoulder for a possible misuse of gun at workplace. When the virtue ethics are applied here, it requires the showcasing of virtues like justness, and fairness (Winter, 2011). In order to be fair to the other employees at the workplace, and to be just towards them, it thus becomes crucial for the companies to choose if they can allow their employees to bring guns to the workplace or not. Page5
Business Ethics References Bowie, N. E. (2017).Business ethics: A Kantian perspective. Cambridge: Cambridge University Press. Bykvist, K. (2010).Utilitarianism: A Guide for the Perplexed. London: Bloomsbury Academic. Mill, J.S. (2017).Utilitarianism. Dublin, OH: Coventry House Publishing. Shaw, W. H. (2016).Business ethics: A textbook with cases(9thed.). Boston, MA: Cengage Learning. Winter, M. (2011).Rethinking Virtue Ethics. New York: Springer. Page6