Legal and Ethical Guide by Gloria Carrera https://padlet.com/gloria_carrera15/iok2824ocw6f Module 7 en-us 2018-11-08 15:44:58 UTC 2025-12-22 21:28:48 UTC hello@padlet.com Slide 1: My Professional Perspective gloria_carrera15 https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2496844216 The topic for this padlet is about discrimination based on gender for individuals in professional roles. I have luckily not been a victim of such unethical behavior although, working in student affairs in higher education, I learned about a Director of Military & Veterans Services who repeatedly got told from higher ups who were in charge of hiring, that the role was better led by a male veteran. Thankfully, the Director continued to push to get the position and seeing that no males applied for the position, the institution deemed her as the most qualified candidate. That said, I knew that there was a potential to be similar cases for other institutions, which is how I came across an article on Higher Education, where Esposito was hired as CEO of Manchester Community College, but was then fired due to sexism allegations she confronted to her leaders about (Moody, 2022). 

The audience that will best benefit from this legal guide will be staff in higher education to learn about the legal guidance on gender discrimination in the workplace, states, and federally. This guide may also benefit anyone dealing with discrimination against gender at their workplace.

Reference:
Moody, J. (2022). CEO sues connecticut state system, wins job back. Inside Higher Ed. https://www.insidehighered.com/news/2022/08/22/ceo-manchester-community-college-wins-job-back 


]]> 2023-02-27 18:33:46 UTC https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2496844216 Slide 2: Governing Agency gloria_carrera15 https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2496914453 The governing agency for the University of Central Missouri involves first and foremost, the President of UCM, who then reports to the Board of Governors made up of 8 roles including the presidential role (UCM). These are the individuals who I will make most interactions with regarding any issues or concerns I have in my department. The Missouri institutions are then governed by the Department of Elementary and Secondary Education (DESE) which also works with “educators, legislators, government agencies, community leaders, and citizens to maintain a strong public education system” (Missouri State). I have learned that state agencies are mainly there to oversee all institutional matters brought by the Board of Governors and/or support staff with legal guidance if necessary. Lastly, there is the U.S. Department of Education that oversees the educational departments and responds to the White House. Other related agencies for this topic are the Office for Civil Rights, Department of Education and the Office of Postsecondary Education (USA). These agencies hold bigger responsibilities including what the institutions will need and who will be appointed to those items, which student population needs to further be supported, and what programs are working and which are not. 

Board of governors. University of Central Missouri. Retrieved February 27, 2023, from https://www.ucmo.edu/about/university-leadership/board-of-governors/ 

Dept of Elementary and Secondary Education. Official Missouri State Website. Retrieved February 27, 2023, from https://www.mo.gov/government/guide-to-missouris-government/department-of-elementary-and-secondary-education/ 

U.S. Department of Education. USA.gov. Retrieved February 27, 2023, from https://www.usa.gov/federal-agencies/u-s-department-of-education 
]]> 2023-02-27 19:24:02 UTC https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2496914453 Slide 3: Federal & State Laws gloria_carrera15 https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2498824868 The federal law in relation to this topic is in section 1 of the 14th amendment of the Constitution which denies discrimination to any citizen based on equal protection laws (U.S.C.,Amdt.14 §1.8.1.2). 
  • The law allows courts to first identify how to classify the issue to rationalize the intent and whether the law does apply. 
  • The issue can either be classified as overinclusive or underinclusive based on the information gathered (U.S.C.,Amdt.14 §1.8.1.2).

A state constitutional law is an amended section of Article I of Connecticut's state constitution (CT., Amdt. 1 §20.5). 
  • The amendment states that “No person shall be denied the equal protection of the law,” which also prohibits discrimination due to “religion, race, color, ancestry, national origin, or sex” (CT., Amdt. 1 §20.5). That said, this law could have supported both Esposito and the Director of the Mil/Vets Center since they were discriminated against for their sex and were unable to perform their duty enjoyably. 

References
Amdt14.S1.8.1.2 Equal Protection and Rational Basis Review Generally. (1868). U.S.C. Amdt.14 § 1.8.1.2.  https://constitution.congress.gov/browse/amendment-14/ 

Constitution of the State of Connecticut. (1984). CT. Amdt. 1 § 20. Art. 5.
https://www.cga.ct.gov/asp/content/constitutions/ctconstitution.htm 
]]> 2023-03-01 01:25:23 UTC https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2498824868 Slide 4: Statute & Administrative Law gloria_carrera15 https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2498829537 A statute to consider is the Whistle-blowing protections for employees of certain corporations, which prohibits listed employers from discharging, threatening, harassing, or discriminating against an employee for their right to provide information on a legal matter (CT. Stat. §33-1336) like Steinmetz threatened Esposito for accusing him of sexism allegations (Moody, 2022). 
  • A violation is considered a violation, or one that is in the process of being filed– that the employee provides information for, when it is “of 18 USC Section 1341, 1343, 1344 or 1348, any rule or regulation of the Securities and Exchange Commission, or any provision of federal or state law relating to fraud against shareholders” (CT. Stat. §33-1336).
  • A special court order in the Supreme Court can be held if the employee brings up the allegation within 1 year after knowledge of the claim (CT. Stat. §33-1336).

An administrative law that aligns with the discrimination against gender in higher education is Title VII of the Civil Rights Act of 1964 which “prohibits employment discrimination based on race, color, religion, sex and national origin” (Civil Rights Act, 1964). 
  • According to the Civil Rights Act of 1964, it is unlawful employment to discharge an employee based on gender (Civil Rights Act, 1964). 
  • When an individual makes a claim, the Commision is the one to take over and provide information that includes the date of the incident, location, and a summary of what occurred– within 10 days of when the Commission is aware then the Commission can decide whether it can be dropped or pursued (Civil Rights Act, 1964). 

References

Connecticut Whistleblower Laws. (2004). Statute Code Sec. 33-1336. https://www.cga.ct.gov/current/pub/chap_603.htm#sec_33-1336 

Civil Rights Act of 1964 § 7, 42 U.S.C. § 2000e et seq (1964). (Pub. L. 88-352).

Moody, J. (2022). CEO sues connecticut state system, wins job back. Inside Higher Ed. https://www.insidehighered.com/news/2022/08/22/ceo-manchester-community-college-wins-job-back 
Title VII of the Civil Rights Act of 1964 § 7, 42 U.S.C. § 2000e-2 et seq (1964) [Section 703]. https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 

Title VII of the Civil Rights Act of 1964 § 7, 42 U.S.C. § 2000e-5 et seq (1964) [Section 706]. https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 
]]> 2023-03-01 01:30:32 UTC https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2498829537 Slide 5: Common Laws gloria_carrera15 https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2498831681 The case law that relates to Esposito’s case is Linda Guzzo, Plaintiff v. Connecticut State Colleges and Universities which was also involved Steinmetz, who claimed to have discriminated against her rights in the Family and Medical Leave Act (FMLA) (Linda v. Connecticut, 2022). 
  • At first, Guzzo did not have enough information to back her allegations although, after filling a second claim with defendant names and description of allegations, it had to be given a different number (Linda v. Connecticut, 2022).
  • The Court sets a deadline when receipt of report is given and the defendants are given their “obligation under Local Rule 26(f)” (Linda v. Connecticut, 2022).

References

Linda guzzo, plaintiff, v. Connecticut state colleges and universities, defendant. (2022). United States District Court District of Connecticut. https://ecf.ctd.uscourts.gov/cgi-bin/show_public_doc?2021cv0254-43 


]]> 2023-03-01 01:33:08 UTC https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2498831681 Slide 6: Federal Regulation gloria_carrera15 https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2498833421
The federal regulation that supports Esposito’s case is the Equal Employment Opportunity, Executive Order 11246 that prohibits discrimination based on sex and other attributes, which also ensures equal employment actions are being demonstrated upon the workforce for Government employment (Executive Order 11246, 1965). 
  • In Subpart B– Contractor’s Agreement of the Executive Order 11246, the regulation mentions that the contractor must not discriminate and must have it in writing or state it to the employees as well as not discharge employees because of discrimination (3 CFR § 202 amended, 1967). 

References

Executive Order 11246, as amended (1965).  30 FR 12319, 12935, 3 CFR, 1964–1965 Comp., p.339. https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended 

Sec. 202 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966–1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FR 20749, EO 13672 of July 21, 2014, 79 FR 42971


]]> 2023-03-01 01:35:12 UTC https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2498833421 Slide 7: Local Administrative Policy gloria_carrera15 https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2498873808 Much like other institutions across Missouri state University, there is an institutional policy that adheres to Title VII of the Civil Rights Act of 1964. 
  • The university policy at Missouri State incorporates clear guidance on a “strict” no discrimination policy including who to report to for sex discrimination, which would be the Title IX Coordinator, versus other inquiries (§G7.02-2, MSU).
  • The policy also enhances a training program that educates employees of sexual harassment and discrimination including “the Discrimination Awareness in the Workplace Online Training Program and Title IX: Roles of Responsible Employees Online Training Program” (§G7.02-2, MSU).
  • Lastly, reports must be made to the Title IX Office or the Office for Institutional Equity and Compliance (OIEC) no later than 3 days after the allegation, or knowing of the allegation (§G7.02-2, MSU).

Reference

University Policies. (2022). G7.02-2 University Policies. https://www.missouristate.edu/Policy/Chapter7/G7_02_2_UniversityPolicies.htm#Section2.1 


]]> 2023-03-01 02:21:44 UTC https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2498873808 Slide 8: Risk Management Strategies gloria_carrera15 https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2500382741
  • A risk management strategy that can support discrimination is to create a homogenous workforce, which is intended if there is a lack of diversity. This strategy can help increase diversity including more females in the workplace, which could support Esposito’s case. The important part is to monitor the response in relations within the workplace. 
  • Another strategy is for there to be a “culture of civility and respect” and make sure to include the “highest levels of leadership” (EEOC). This could also be supported by including mandatory programs that teach employees about discrimination such as those initiated in Missouri State University (§G7.02-2, MSU). If this is not implemented, employees like Esposito may be susceptible to harassment.  
  • Lastly, it is important to apply rules to everyone and make it clear they do apply to everyone in the workplace. This is important because it is geared towards making sure that employees are feeling equally-valued. As mentioned by the U.S. Equal Employment Opportunity Commission, if there is a ‘high value’ employee then other employees may be reluctant to speak up about any wrong-doings of that individual(EEOC). This will support future cases like Esposito’s since employees will feel safe to speak to their supervisors about serious concerns.  

    • References

    Chart of risk factors for harassment and responsive strategies. U.S. Equal Employment Opportunity Commision. Retrieved March 1, 2023, from https://www.eeoc.gov/chart-risk-factors-harassment-and-responsive-strategies 

    University Policies. (2022). G7.02-2 University Policies. https://www.missouristate.edu/Policy/Chapter7/G7_02_2_UniversityPolicies.htm#Section2.1 

    ]]>     2023-03-02 01:34:59 UTC https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2500382741     Slide 9: Ethical Principle gloria_carrera15 https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2500386784 The Ethics Policy written for the institution I work for holds general information regarding the employees of the University of Central Missouri. The major section that is relevant to the topic is that all employees must be familiar with the policies and procedures for UCM and “is responsible for ethical conduct consistent with the university policy and procedures and with the law” (§1.2.180 RsMo). The reason for this being so important is that the policies can state what is allowed/ what is not allowed, but the Ethics Policy makes it clear that all employees (including anyone that is acting on behalf of or under the wing of the university) must abide by the policies and act ethically. There is a long policy on the prohibition on sex discrimination, which means that if a women is feeling any type of discrimination or harassment, then she will be allowed to report it, which would hold the individual accountable to both policies and the report will need to be sent up to Human Resources (§1.2.180 RsMo). Code of conducts are important to have and follow, but also making sure that employees are aware of their policies to use caution, act appropriately, and leave no room for questioning if someone is being ethical or not.  

    Reference

    1.2.180 Ethics Policy. (2017). University of Central Missouri. §1.2.180 RsMo https://www.ucmo.edu/offices/general-counsel/university-policy-library/policies/ethics-policy/index.php
    ]]>     2023-03-02 01:39:35 UTC https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2500386784     Slide 10: Personal Connection gloria_carrera15 https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2501037489 This assignment has allowed me to follow an issue and research relating legal and ethical standards. It takes a lot of work to make sure that you are not only finding related information, but also make sure to explain the connection and that it is truly rationalized. I have used a similar process to help me understand all the information I need to give a better response to my students, which allows them to understand their VA benefits better. The most difficult part about this assignment and course is becoming familiar with legal terminology such as using procedures vs. policies at work. I was finally able to understand and explain to myself those terms are very similar to federal laws vs. statutes since they still need to be signed, although that doesn’t mean they are not valid in some cases. I now feel more confident with understanding the legal and ethical conversations that take place in staff and faculty meetings. ]]> 2023-03-02 12:43:29 UTC https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2501037489 Slide 11: Recommendations gloria_carrera15 https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2501606785 Here are some best practice recommendations for legal compliance in higher education: 

    • Use risk management to support best practices by highlighting scenarios where individuals act unethical or violate policies. This can help showcase what not to do in the workplace and understand the consequences for breaking policy/protocols. 
    • Use feedback tools. Let the team clearly know the policies, the consequences, and confirm that they understand through feedback. Aside from a statement of understanding, this can be used through knowledge check questions once a quarter, by including questions in morning huddles, and/or surveys. 
    • Use mandatory compliance program completion for zero tolerance policies. This will help build transparency for the major policies that coincide with federal laws such as FERPA, Title IX, and Title VII violations. 
    • Accountability. Make sure that the ethical policies are held to all individuals that are in association with the institution and follow through with holding everyone accountable. This means making sure there are consequences for employees who break the policies and there is minimal use for warnings. 
    • Construct clear policies. It is a lot easier to break policies if the policies are not clearly defined, including the descriptions of who it pertains to, what is the purpose, and what will be the disciplinary actions if not in compliance with policies. 
    • Make your goals and mission clear. This can also help new employees realize the importance of customer service, professionalism, and other needed skills in support of having a friendly, team-building environment. If you remind your team of your goals and become a role-model, then employees can be more likely to be influenced by good behavior. 
    • Lastly, it is important to know the staff and be present for interactions to notice the relation between employees. This can confirm whether employees are receptive to the standards that were presented to them. It can also help build professional relationships with the staff that can build a level of trust in case your employees need to come to you for serious issues. 
    ]]>     2023-03-02 19:10:04 UTC https://padlet.com/gloria_carrera15/iok2824ocw6f/wish/2501606785