Bad “Yelp” Reviews Should be Protected by the First Amendment

Posted by Jen Suarez.

To what extent is defamation? From my last blog article, I defined defamation as “malicious and damaging misrepresentation,” where an organization was falsely accused of rape. However, can anyone play to the “defamation card” if they don’t like what other’s have to say? For example, Yelp.com is a website where consumers can post and rate the quality of businesses anonymously. The Rhodes Group, which is a Collin County Texas real estate firm, received a poor review on the Yelp website and is now suing on the grounds of defamation; they are requesting the name of the customer, whose username is “Lin L.” The Rhodes Group does not even believe that “Lin L.” is a real person. In fact, they openly suggest that this username belongs to someone from a competing organization, trying to ruin The Rhodes Group’s reputation. The Rhodes Group, however, is fighting in court against Public Citizen, which claims that revealing the user’s identity violates the user’s right to privacy. Though the negative Yelp review has been removed, there is no confirmation its removal was due to the impending lawsuit.

The Public Citizen lawyer, representing Yelp, stated that there is no justification for revealing the user’s identity, especially since The Rhodes Group did not file any complaint until well over a year after the review had been posted. According to its website, “Public Citizen maintains that the Rhodes Group’s claim violates the one-year statute of limitation for libel suits and, additionally, that the subpoena was issued in the wrong state and therefore cannot be enforced by the Texas court.” The Rhodes Group is fighting back stating, “You can’t use the First Amendment as a shield to make false and defamatory statements about an individual, particularly in a commercial arena.”

The Rhodes Group is absolutely right that Yelp cannot hide behind the “First Amendment Shield,” however, Yelp and Public Citizen are correct that the user’s identity should remain anonymous and there is no justification to reveal it. Bad, anonymous reviews, whether they are fake or genuine, are part of the online world. Millions of users have the ability to hide behind a keyboard and this allows us to bestow harsher criticism without fear of consequences. Freedom of speech does not include libel. Therefore, the result of this court case could determine how “free” freedom of speech actually is on the World Wide Web.

Jen is a business administration major with a concentration in management at Montclair State University, Class of 2017.

District Court Archives – Blog Business Law – a resource for business law students

Posted by Natalie Kenny.

The parent company that makes Old Spice, Proctor & Gamble, is being sued by Rodney Colley of Alexandria, Virginia because of a defect in the deodorant. The plaintiff shared photos of himself with burns under his arms which he claims are from Old Spice deodorant. The plaintiff says he suffered “severe rashes, burning, and discomfort” after he used the product and he had to stop using it. In the photo, the rashes look severe.

Procter & Gamble, the parent company that owns Old Spice said that the people who experience rashes and irritation from using the deodorant are in the minority and only make up a small fraction of the company’s overall users. After news broke of this lawsuit, several other individuals came forward with stories about how the Old Spice deodorant gave them rashes and scabbing. The five million dollar lawsuit was filed in U.S. District Court in Ohio and is awaiting trial.

In my opinion, it is not okay for this deodorant to be giving people severe rashes. Even though Proctor & Gamble stated that only a small percentage of users get burns or rashes from the product that is simply not good enough. Consumers should not have to be concerned whether or not they will have a severe reaction to a product that they use every day.

I think that Proctor & Gamble should have to pay for the medical bills of the people who got severe reactions from this product as well as punitive damages to stop them from doing this and to get other companies to make sure their products are safe before selling them to the public.

Natalie is a marketing major at the Stillman School of Business, Seton Hall University, Class of 2019.

Posted by Keith Cleary.

For almost a half of a decade now, over 40 patent lawsuits have been going on between “the two largest smartphone companies, Apple and Samsung.” (Chowdhry). However, the two companies came to terms on ending all of the patent lawsuits that are outside of the U.S. These countries are all over the world including Britain, Spain, Germany, and Italy. Even though these two technology giants are dropping their lawsuits against each other internationally, they still have not ended their lawsuits against each other in the states. A few years ago, “a jury in California awarded Apple with $119 million out of a $2.2 billion lawsuit against Samsung three months ago”(Chowdhry). Even, though they settled their disputes overseas, the two competitors are still relentless with their lawsuits.

Some of the lawsuits are driven by a patent lawsuit filed in 2011. Steve Jobs was actually behind the lawsuits in 2011 saying, “I’m willing to go thermonuclear war on this.” (Chowdhry). “This” meaning the lawsuits filed in 2011 were over Samsung’s Android. The two companies have tried to work out their differences through a mediator but to no avail. Judge Lucy Koh of the U.S. District Court was actually really hoping for a resolution. She stated, “If all you wanted is to raise awareness that you have I.P. (Intellectual Property) on these devices, messages delivered. In many respects, mission accomplished. It’s time for peace.” She further stated, “If you could have your CEOs have one last conversation, I’d appreciate it.”(Chowdhry). She realizes that the two companies do not want each other copying off their designs and property.

The comical part about all of this is that, with all the lawsuits going on, Samsung and Apple are business partners. Samsung supplies major components to Apple’s products, such as memory chips and processors. However, it does not look like this relationship will last forever. While Apple is one of Samsung’s biggest customers, it looks like their taking business elsewhere—“Taiwan Semiconductor Manufacturing Company,” to be exact. (Chowdhry). Apple buys chips and other components from them.

The good news is that Apple is reducing the amount of lawsuits against Samsung. Apple dropped one of their lawsuits for patent infringement and the two companies settled another lawsuit with the U.S. International Trade Commission regarding an important ban on Samsung’s products (Chowdhry). With the dropped lawsuits, there is a chance for amends and a new relationship between them.

Keith is a business law student at Montclair State University, Class of 2017.

NFL Archives – Blog Business Law – a resource for business law students

Posted by Kyle Chapman.

On January 18, 2015, the New England Patriots played the Indianapolis Colts in the AFC Championship. The Patriots would go on to win the game, but a massive legal controversy would follow in the aftermath of the game. Reports arose after the game that the Patriots had used footballs inflated below regulation towards their advantage during the game. Using footballs against regulation is a very consequential action and the National Football League was not happy with the reports one bit. A massive investigation and legal battle between the Patriots and the NFL would ensue.

A few days later, the NFL assigned Manhattan attorney, Ted Wells, to get to the bottom of the situation. The case was receiving heavy media coverage and had the Patriots’ public image in hot water. Nobody from the organization admitted to being aware of the apparent cheating and denied any involvement. The investigation was completed on May 6, 2015 with a 243 page investigative report known as “The Wells Report.”

The Wells Report appeared to have the Patriots caught red-handed. A very important aspect of the report came from scientific analysis provided by Exponent, which claimed that no set of environmental or physical factors could’ve accounted for the air loss shown in the balls. This meant that the air loss were the actions of people, and accused locker-room attendant Jim McNally and equipment assistant John Jastremski as the culprits. There were several text messages between that reference inflation, deflation, and needles. The texts suggest that Patriots quarterback, Tom Brady, was aware of their actions, but the coaching staff was unaware. The investigation concluded that it was “more probable than not,” that the Patriots equipment personnel had broken the rules.

The NFL decided to suspend Tom Brady for four games and give the Patriots a $1 million fine while stripping them of draft picks. Brady pursued an appeal on his suspension and began a long legal battle with the NFL. He felt falsely accused and very harshly punished. After a long battle, on September 3, 2015, a settlement was reached and the suspension was taken away, with a claim that Brady had a lack of fair due process.

I think the situation could’ve been handled much better than it was. For starters, the media had completely scrutinized the scandal and blew it out of proportion. I think it pinned Brady and the Patriots in guilty before proven innocent image, even though there wasn’t much evidence at all that showed their involvement in the scandal. There were also leaks of false evidence early on that made the Patriots appear guilty.

The NFL has been in hot water lately with legal situations and I think this whole case hurt their image.

Kyle is a management major at the Stillman School of Business, Seton Hall University, Class of 2019.

Posted by Adam Kutarnia.

People have been betting on sports for centuries, however, the multi-billion dollar industry is illegal in almost all parts of the United States except for four states – Nevada, Delaware, Oregon and Montana. Last summer, 29 men were arrested in New Jersey for running a sports betting ring that grossed approximately to $3 million during a 12-month period. New Jersey is one of the many states where sports gambling is illegal, but many are fighting to change the law.

While most of the world allows sports gambling, the United States has been strict about it since passing the Professional and Amateur Sports Protection Act of 1992, which prohibits sports gambling nationwide, excluding a few states. New Jersey has been pushing hard to legalize sports gambling in the last couple years, but has been unsuccessful due to four major professional sports leagues – NBA, NFL, MLB and NHL and NCAA blocking it.

New Jersey Governor Chris Christe has been a strong supporter of legalizing sports gambling in New Jersey, and even signed a law passed by the state legislatures to allow sports gambling in New Jersey’s casinos and racetracks, before the major professional leagues and NCAA blocked it. The plaintiffs argue that sports betting would harm the integrity of sports and violate federal law. As of right now, New Jersey is losing millions of dollars in potential revenue to offshore and organized crime.

New Jersey will get another shot at their case after a federal court hearing before a three-judge panel of the Third Circuit Court of Appeals took place last month; a ruling in the case will be made on June 26.

Like the case above with the 29 men being arrested for running a sports betting ring, people want to bet on games and will do so whether it’s legal or not.

Adam is a business administration major with a concentration in finance at Montclair State University, Class of 2017.

Pension Holder Chaos

Posted by Kimberly McNamara.

The idea of pensions have been around for nearly 100 years. Detroit, a city that recently filed for bankruptcy, is now facing more monetary concerns, and many are looking for someone to blame. According to The New York Times, the city of “Detroit has been a client of Gabriel Roeder since 1938, when the city first started offering pensions. Now the city is bankrupt, the pension fund is short, benefits are being cut . . . .” Gabriel Roeder Smith & Company is a widely known, consultant and actuary firm dealing mostly with pension plans. This company was hired by the city of Detroit to calculate the amount of money coming in versus the amount of money needed for current and future pension pay-outs.

Many Detroit pension holders are now filing lawsuits against Gabriel Roeder. There are three current cases against Gabriel Roeder: one by members of Detroit’s police and firefighting force, another by Wayne County, and Ms. Estes, a citizen and pension holder in Detroit.

Now Ms. Estes has lost not only part of her pension but much of the savings tied up in her house, while she and her neighbors overpay for paltry city services. She says she might have been spared some of the misery had Gabriel Roeder warned the trustees years ago that the pension system was unsustainable and recommended changes.

Ms. Estes is just one of many who have been put in this situation created by poor business decisions. She was also told that, “she would have to forfeit $25,000 when she reaches retirement age . . . .” There are a multitude of people who had depended on their pension for retirement and simply will never see it.

Unfortunately, Gabriel Roeder would not exceptaccept the advice of other firms including government agencies like the Governmental Accounting Standards Board (G.A.S.B.). If they had, maybe Detroit’s bankruptcy situation would be different and quite possibly there would be no lawsuits being brought againstto Gabriel Roeder Smith & Company.   The firm said they “would vigorously defend itself against the lawsuits,” but lets wait and see how well that holds up in court.

Kimberly is a business major at Montclair State University, Class of 2016.

Pension Holder Chaos

Posted by Kimberly McNamara.

The idea of pensions have been around for nearly 100 years. Detroit, a city that recently filed for bankruptcy, is now facing more monetary concerns, and many are looking for someone to blame. According to The New York Times, the city of “Detroit has been a client of Gabriel Roeder since 1938, when the city first started offering pensions. Now the city is bankrupt, the pension fund is short, benefits are being cut . . . .” Gabriel Roeder Smith & Company is a widely known, consultant and actuary firm dealing mostly with pension plans. This company was hired by the city of Detroit to calculate the amount of money coming in versus the amount of money needed for current and future pension pay-outs.

Many Detroit pension holders are now filing lawsuits against Gabriel Roeder. There are three current cases against Gabriel Roeder: one by members of Detroit’s police and firefighting force, another by Wayne County, and Ms. Estes, a citizen and pension holder in Detroit.

Now Ms. Estes has lost not only part of her pension but much of the savings tied up in her house, while she and her neighbors overpay for paltry city services. She says she might have been spared some of the misery had Gabriel Roeder warned the trustees years ago that the pension system was unsustainable and recommended changes.

Ms. Estes is just one of many who have been put in this situation created by poor business decisions. She was also told that, “she would have to forfeit $25,000 when she reaches retirement age . . . .” There are a multitude of people who had depended on their pension for retirement and simply will never see it.

Unfortunately, Gabriel Roeder would not exceptaccept the advice of other firms including government agencies like the Governmental Accounting Standards Board (G.A.S.B.). If they had, maybe Detroit’s bankruptcy situation would be different and quite possibly there would be no lawsuits being brought againstto Gabriel Roeder Smith & Company.   The firm said they “would vigorously defend itself against the lawsuits,” but lets wait and see how well that holds up in court.

Kimberly is a business major at Montclair State University, Class of 2016.

The Principle of Double Effect

Research proposal posted by Jessica Page.

Topic

The principle of double effect creates a set of guidelines to “determine when it is ethically permissible for a human being to engage in conduct in pursuit of a good end with full knowledge that the conduct will also bring about bad results” (The Principle of Double Effect). Generally, the principle states that when someone is deciding a certain conduct that has both good and bad effects, the course of conduct they choose is “ethically permissible only if it is not wrong in itself and if it does not require that one directly intend the bad result” (The Principle of Double Effect). The moral criteria for the principle of double effect generally states the action in itself must be good or indifferent, the good effect cannot be obtained through the bad effect, there must be a proportion between the good and bad effects brought about, the intention of the subject must be directed towards the good effect and merely tolerate the bad effect and there does not exist another possibility or avenue (What is the Principle of Double Effect?).

Pros and Cons

The issue with the principle of double effect is that each situation where the principle applies is different. If an act is bad, it cannot become good or indifferent by a good motive or good circumstances. If it is evil in nature, this will not change. That being said, the principle “the end justifies the means” must always be rejected. The idea that needs to be applied to each issue is the fact that a human must never do evil, but they are not bound to prevent the existence of evil. One example we can apply this to is the BP oil spill that was discussed in class. By not mandating a cut-off switch because of how expensive it was, even though the safety benefits were astronomical, when an explosion happened on one of the rigs, eleven workers were killed and seventeen were injured. Not to mention the five million barrels of oil that gushed into the ocean. Had the US mandated these switches like they wanted, even though BP lobbied against them, it could have avoided the deaths, injuries and pollution caused by the exploding rig. In this case, the deaths and havoc caused by the explosion did not justify the fact that BP was trying to save money for their own personal benefit. Another example where the principle of double effect is relevant today is the controversy of euthanasia. It is used to justify the case “where a doctor gives drugs to a patient to relieve distressing symptoms even though he knows doing this may shorten the patient’s life” (BBC). The doctor’s intention is not to kill the patient, but the result of death is a side-effect of reducing patient’s pain. One problem that people argue against this doctrine is the fact that they believe we are responsible for all anticipated consequences of our actions. Another is the fact that intention is irrelevant. A third issue, specifically in the euthanasia issue, is the fact that death is not always seen as a bad thing making the double effect irrelevant. Lastly, the double effect can produce an unexpected moral result.

Ethics and Principles

When looking at the incorporation of Catholic, one of the main issues that concerns this principle and the Catholic religion is that case where a pregnancy may need to end in order to preserve the life of the mother. The example most often given is a woman with uterine cancer. By removing the uterus, it will bring death to the fetus but the death is not “directly” intended and in turn, the mother will live. It is an issue that still is debated today (Soloman). Another similar case having to do closely with Catholic ideals is when a woman has an ectopic pregnancy and must receive surgery to remove the embryo. At a Catholic hospital, it can be questioned whether that specific procedure is considered a direct abortion, going against the Catholic ideals and morals, no matter what the means of the surgery are. “The principle of double effect enables bioethicists and Catholic moralists to navigate various actions that may or may not be morally justifiable in some circumstances” (Kockler). The idea of proportionate reasoning has also been condemned by Pope John Paul II. He categorized proportionalism as a species of consequentialism. This is condemned by the Church because no Catholic moralist would agree that a desirable end justifies any means (Kockler). These are serious issues, especially when considering the principle of double effect from a Catholic standpoint.

Works Cited:

Kockler, Nicolas. The Principle of Double Effect and Proportionate Reason. http://journalofethics.ama-assn.org/2007/05/pfor2-0705.html

“The Doctrine of Double Effect”. BBC. http://www.bbc.co.uk/ethics/euthanasia/overview/doubleeffect.shtml

“The Principle of Double Effect”. http://sites.saintmarys.edu/~incandel/doubleeffect.html

“The Principle of Double Effect”. http://www83.homepage.villanova.edu/richard.jacobs/MPA%208300/theories/double%20effect.html

“What is the Principle of Double Effect?” http://ncbcenter.org/document.doc?id=132

Ransomware and Online Fraud

Posted by Charles Batikha.

Ransomware is similar to a Trojan horse. Imagine receiving an email from a non-familiar email address. The email claims to be the IRS claiming you are being sued for tax evasion and instructed to click on a link to a website. You are skeptical, but what is the worst thing that could happen if you click on the link. Malware was the virus used when ransomware was first introduced, but more recently website URL and deceptive pop-ups are being utilized. Home computers are not the only victims, business and even government systems have been breached as well.

Upon clicking on the link your browser becomes frozen, unable to use your computer a message pops onto the screen informing you of the encryption of your computer. This renders it useless and a fee is charged for the encryption key, which will cost anywhere from $200 to $5000. This is the newest “variant” called Crypto-Wall or Crypto-Wall 2.0. Interestingly enough, the scammers instruct victims to purchase bitcoins to be used for payment. Bitcoins have become much more popular among criminals because of the concealment of their identity.

Ransomware has also begun to hit smartphones, locking them as well. I personally have fallen victim to this type of ransomware. A message popped up stating that I must contact Apple to unfreeze my phone, but every time I closed the pop-up the notification would come up again not allowing me to use my internet. I called the phone number on the message, and I noticed that the phone line was a Google number, which made me a little suspicious. Immediately after someone answered the phone, they gave me a scripted explanation of how my system was locked and I need to give them my credit card number for a fee for them to unlock my phone. Fortunately enough, I did not pay the fee and hung up on the pleading receptionist.

A way I have found to refresh your phone from ransomware is to clear your website data in the setting of your phone. This has given me the use of my internet after being hit with ransomware. Updated anti-virus software on your computer is another preventative tactic. Using a pop-up blocker and not fumbling with unsolicited emails are other great tips as well.

Charles is a graduate accounting student with a certificate in forensic accounting at the Feliciano School of Business, Montclair State University.

FTC Archives – Blog Business Law – a resource for business law students

Posted by Pooja Patel.

The Federal Trade Commission sued Volkswagen for advertising a false claim that their vehicles are environmental friendly and “clean diesel.” Volkswagen is a German manufactured car company. The vehicles that are being affected with this law suit are 2009 through 2015 Volkswagen TDI diesel models of Jetta’s, Passat’s, and Touareg SUVs, also the TDI Audi models. The sale price for these affected vehicles ranges from the least expensive $22,000 Volkswagen to the most expensive $125,000 Audi model. Volkswagen advertised its “clean diesel” vehicles through major advertisement such as Super Bowl Ads, print ads, and of course social media advertisement.

Volkswagen claims their cars are “low-emission, environmentally friendly” and  “met emissions standards and would maintain a high resale value.” These claims are alleged to be false. Volkswagen claimed that their cars had low emission and it is “clean diesel.” This means the vehicle would produce low Nitrogen Oxide by 90 percent or less. Instead, the FTC complaint states that the vehicle produces up to 4,000 percent more that the legal limit. This is harmful and dangerous to the customers, since it can cause health problems as well as environmental problems. Also, Volkswagen claimed that they met the emission standards and also would maintain a high resale value, but these claims were also false. According to the FTC, Volkswagen has installed illegal software that helped it pass emission standards.

The chairwoman of FTC, Edith Ramirez, stated that “Our lawsuit seeks compensation for the consumers who bought affected cars based on Volkswagen’s deceptive and unfair practices.” Volkswagen is also looking at a potential of $20 billion-dollar fine for violating the clean air regulations. The lawsuit is still yet to be settled therefore; exact fines are not yet confirmed. But Volkswagen’s spokeswoman, Jeannine Ginivan, responded to this issue and said, “Our most important priority is to find a solution to the diesel emissions matter and earn back the trust of our customers and dealers as we build a better company.”

In my opinion, the actions Volkswagen took were definitely unethical; they were more concerned about gaining profits. They also put consumers’ lives at risk. I think the Federal Trade Commission did the right thing by suing the Volkswagen company.

Pooja is an accounting and finance major at the Feliciano School of Business, Montclair State University, Class of 2019.

Posted by Michael Larkin.

When one checks into a hotel, one would expect to have their information stored in a company’s database, but one would not expect that database to get compromised. Wyndham Worldwide Corporation was using a property management system that stored customer’s names, addresses, and credit card number. On three separate occasions in 2008 and 2009, Wyndham was hacked and this information was pulled off of over 600,000 accounts. Damage was approximately $10.6 million and the Federal Trade Commission (FTC) brought Wyndham to trial.

Even though Wyndham was the company that got hacked, it was the customers who got hurt and that is why the FTC filed against Wyndham. The FTC argued that the hacks were caused due the very limited security that the management system used. It was found that the credit card numbers could easily be read, passwords were easy to guess, and a firewall was not deployed along with various other issues. Wyndham argued that the FTC had no right to file a suit against them and that the unfairness and deception claims were not sufficiently validated. It was founded that Wyndham didn’t provide a fair system for its customers and the court required the company to change in order to protect its customers. Mainly, Wyndham needs a more comprehensive security program in order to protect account information and also conduct annual information security audits and maintain a safeguard for its servers.

This case was a matter of protection and privacy for the company’s customers. A customer is providing personal information in order to engage in business so Wyndham has a duty to protect that information. Having a higher security will ensure that hackers will not be able to breach the system and steal information. The FTC won the trial, and in doing so, made sure that a company had a high security to protect the customers.

Michael is a finance major at the Stillman School of Business, Seton Hall University, Class of 2019.

Sources:

FTC v. Wyndham Worldwide Corp.

Verdict From: https://www.ftc.gov/news-events/press-releases/2015/12/wyndham-settles-ftc-charges-it-unfairly-placed-consumers-payment

Federal Judge Orders 10-Year Sentence for Library Bribes

Posted by Patrick Osadebe. 

On September 17, 2014, a federal judge sentenced Timothy Cromer, a former Detroit public library official, to 10 years in prison for bribery and conspiracy to commit bribery. He was charged for accepting more than $1.4 million in bribes from contractors of the library.

Timothy Cromer, 46, was the chief administrative and technology officer for the Detroit library from 2006 to 2103. Cromer helped James Henley set up a company called “Core Consulting and Professional Services.” Cromer then made it possible for the company to win the bid to provide information technology in the library.

Cromer also collected kickbacks from another individual who was charged in the indictment. All of these crimes took place between 2008 and 2011. Hearn and Henley both plead guilty to the charges and are currently awaiting sentencing on October 28, 2014.

Patrick is a finance major at Montclair State University, Class of 2016.

Lifestyle Control

Research proposal posted by Jessica Thomulka.

Part One

Healthcare costs are skyrocketing in the United States. Even prior to the passing of President Obama’s Affordable Care Act, the burden on American corporations to provide healthcare to their employees was placing stress on businesses. Lifestyle control is the term given to an employer’s influence on an employee’s actions outside of the scope of their duties as an employee. Some of the most common examples of lifestyle control revolve around the preventative measures to lessen the pressure of the paying for employee medical coverage. The two most costly medical conditions are complications arising from smoking and obesity. The National Business Group on Health reports that obese employees cost employers $700 more than their average-weight employees, annually, for their healthcare. Along with healthcare, another aspect of business that employers are concerned about is productivity. In a 2002 study, the Center for Disease Control reports that productivity losses associated with workers who smoke cigarettes are estimated to be $3,400 per smoker.[1] Business owners and executives are concerned with maximizing their profits and ensuring the health of their company, and by keeping their employees healthy, they can reduce their risk of paying high medical expenses for preventable diseases. Some states like New York have passed provisions to prevent employer discrimination against an employee’s “after-hours” conduct, however there is no federal statute.

Part Two

There are both pros and cons to the idea of employers having control of the lifestyle of their employees. The stakeholders involved include the employer, the employees, the family of the employees, and even the ‘vice’ industries that the employers are safeguarding against such as the tobacco and gambling industries. The employers reap the most positive benefits out of lifestyle control provisions. They lower their cost and increase their productivity. The employees may also benefits from such provisions due to increased health, but they give up some of their freedom in the process. Some companies also impose lifestyle control upon the employee’s family if they are on the same health insurance policy so likewise, they may gain health benefits but sacrifice some of their freedom. Lastly, ‘vice’ industries suffer the most from lifestyle controls because they ultimately lose business due to embargos on acts like smoking and gambling. If enough companies impose lifestyle controls they could potentially bankrupt ‘vice’ industries.

Part Three

The biggest ethical question regarding lifestyle control is the autonomy of the employee. Should an employee be free from external control or influence by the employer? According to the United States Conference of Catholic Bishops (USCCB) there are several themes of Catholic Social Teaching.[2] Rights established in the Catholic tradition have an impact on lifestyle control. While privacy is not explicitly protected under the United States Constitution it falls under the penumbra of implied rights in the Bill of Rights due to its importance. The Catholic tradition teaches that human rights and responsibilities are at the heart of a healthy community. Within the workplace there is a basic right of workers to be respected by their employers. That is in decent wages, the right to unionize, and a productive work environment. The USCCB notes that work is more than just providing for yourself and your family because it is a way to participate in God’s work. They also suggest that a worthy measure of an institution is its ability to enhance the life of the human person. In the case of lifestyle control, Catholic Social Teaching aligns with provisions to protect the health of employees. This would support a ban on smoking and other such vices that are known to be detrimental to one’s health. If the motives behind the employer’s lifestyle controls align with what is good for society then they should be permissible under the Catholic Social Teaching.

[1] Halbert, Terry, and Elaine Ingulli. Law & Ethics In The Business Environment. 7th ed. Mason, OH: Thomson/South-Western West, 2003. Print.

[2] “Seven Themes of Catholic Social Teaching.” Seven Themes of Catholic Social Teaching. Web. 09 Mar. 2016. .