Employee Responsibilities and Rights Journal, Jun 1, 1994
It is unlawfid under Title VII of the Civil Rights Act for employers to discriminate against appl... more It is unlawfid under Title VII of the Civil Rights Act for employers to discriminate against applicants or employees because of their sex unless sex is a bona fide occupational qualification (BFOQ). During the past two decades, a number of courts were asked to decide whether sex is a BFOQ for the purpose of protecting clients' privacy rights (i.e., whether employers could bzsist that employees be of the same sex as their clients for those jobs which required employees to touch or view clients' bodies in various stages of undress). This investigation examhwd relevant judicial ophtions rendered throughout the United States to determine how the courts resolved this conflict between clients' privacy rights and employees' equal employment opportunity rights.
Leadership & organization development journal, May 1, 2001
Research has demonstrated that mergers and acquisitions often fail, in significant part because c... more Research has demonstrated that mergers and acquisitions often fail, in significant part because companies fail to effectively integrate their diverse organizational cultures. This case study provides an in‐depth description of one company’s organizational culture just prior to being acquired, and demonstrates how it began to change almost immediately following the acquisition. The new CEO affected the acquired company’s culture directly by changing roles, responsibilities, policies, procedures, and practices. He affected it indirectly through his influence on other organizational members. Suggestions for effectively managing the integration of diverse organizational cultures following an acquisition are discussed.
Many problems are commonly attributed to workplace romances. These include perceptions of favorit... more Many problems are commonly attributed to workplace romances. These include perceptions of favoritism, sexual harassment. the spillover of "family" problems into the workplace, and others. To prevent these problems from occurring, many firms have adopted nonfraternization policies. Despite the firms' laudable intentions, such policies have engendered significant litigation. This research examines relevant court decisions rendered throughout the United States to determine the contours of legally enforceable nonfraternization policies. In addition to providing individuals with economic benefits, work usually allows people to interact socially. Many factors, notably the significant influx of women into the workplace in recent years, have contributed to the increasing incidence of one potentially problematic type of social interaction-workplace romances. This may include dating relationships, marriage, or other forms of romantic involvement. Examples of the types of problems this form of social interaction may engender include work-family conflicts, the spillover of family problems into the workplace, sexual harassment, confidentiality breaches, perceived favoritism, and career derailment [ 11. To avoid these problems, many organizations have adopted fonnal or informal antinepotism policies [2, 31. Some organizations have taken even more aggressive steps to avoid problems associated with workplace romances. Although these policies differ, they commonly prohibit supervisors from manying, dating, or fraternizing with their subordinates; coworkers from marrying, dating, or fraternizing with each other; and employees from manying, dating, or fraternizing with customers or competitors' employees. Despite the laudable intentions of these 29
Employee Responsibilities and Rights Journal, Sep 1, 1994
To avoid liability for hostile environment sexual harassment under Title VII of the Civil Rights ... more To avoid liability for hostile environment sexual harassment under Title VII of the Civil Rights Act, and to minimize the negative effects of such conduct on victims' morale and perhaps their performance, employers must implement remedial measures that are capable of ending the harassment or even preventing it. Determining what constitutes adequate remedial action is difficult, and employers may administer excessively severe disciplinary penalties to ensure legal compliance. But such a response would contravene the tenets of just cause and industrial due process. This investigation examines relevant arbitration decisions to determine how labor arbitrators have balanced these competing bzterests. That is, it delineates the criteria that should be used to ensure that the disciplinary penalties levied against employees who sexually harass others are both adequate and fair.
Leadership & organization development journal, Jul 1, 2004
The goal of the current study was to replicate and extend the perceived cultural compatibility in... more The goal of the current study was to replicate and extend the perceived cultural compatibility index developed by Veiga et al. and Very et al. In extending their work, the sample studied was large enough to allow use of confirmatory factor analysis for examining the index beyond the exploratory factor analysis used in its development. Further, the paper treated organizational culture as a socially constructed phenomenon and included all employee classifications in the study. The results show evidence of a second‐order factor model for perceived cultural compatibility rather than the single factor view of culture offered by Veiga et al. and Very et al.
Decision Sciences Journal of Innovative Education, Sep 1, 2003
Effective negotiators are able to make deals, settle disputes, or make group decisions that are d... more Effective negotiators are able to make deals, settle disputes, or make group decisions that are desirable or cannot be achieved without the other party. They are also able to influence the quality of their relationships, which is particularly important if they remain interdependent after the outcome is achieved. As such, negotiation is a critical business skill for employees and managers, regardless of their functional disciplines. Numerous role-playing exercises are available for instructors to use to help students learn how to perform the different facets of the negotiation process. While many of these exercises are excellent, the outcomes rarely affect students in a meaningful way. Even if these outcomes influence their grade, the stakes are artificial. The objectives of this comprehensive negotiation exercise are to enhance participants' understanding of, and ability to perform, the different facets of the negotiation process when they have a vested interest in the outcome. It is an appropriate exercise for any class in which the topic of negotiation is examined.
The ability to manage workforce diversity effectively has achieved strategic significance for man... more The ability to manage workforce diversity effectively has achieved strategic significance for many organizations. This article describes an exercise that has helped students understand cultural differences and their interpersonal and organizational implications.
Many people believe that increased competition between health care providers is the key to effect... more Many people believe that increased competition between health care providers is the key to effective health care reform. Nevertheless, health care providers are increasingly employing anticompetitive employment agree ments to limit competition. This research examines court decisions applying relevant common law principles to determine the contours of legally enforce able restrictive covenants between health care providers and their employees. More and more medical professionals are joining existing medical practices as employees rather than establishing their own practices. For many of these indi viduals, the terms and conditions of their employment are governed by individual employment contracts. Others serve at the will of their employers. In either case, restrictive covenants, which preclude them from competing with their employer during their employment and for a period of time thereafter, are increasingly being made a condition of their employment. Because these anticompetitive employ ment agreements are in restraint of trade, they have generated a great deal of social, political, and legal debate. Restrictive covenants between health care providers and their employees are particularly controversial because they involve numerous competing interests. Employers are interested in protecting their practices against unfair competition.
The authors examine the statutes, protected classes and damages under federal antidiscrimination ... more The authors examine the statutes, protected classes and damages under federal antidiscrimination laws. Because of the limitations of insurance as a loss financing tool, the authors contend that loss control is a more prudent course of action for employers than loss financing.
Leadership & Organization Development Journal, 2001
Research has demonstrated that mergers and acquisitions often fail, in significant part because c... more Research has demonstrated that mergers and acquisitions often fail, in significant part because companies fail to effectively integrate their diverse organizational cultures. This case study provides an in‐depth description of one company’s organizational culture just prior to being acquired, and demonstrates how it began to change almost immediately following the acquisition. The new CEO affected the acquired company’s culture directly by changing roles, responsibilities, policies, procedures, and practices. He affected it indirectly through his influence on other organizational members. Suggestions for effectively managing the integration of diverse organizational cultures following an acquisition are discussed.
Leadership & Organization Development Journal, 2004
The goal of the current study was to replicate and extend the perceived cultural compatibility in... more The goal of the current study was to replicate and extend the perceived cultural compatibility index developed by Veiga et al. and Very et al. In extending their work, the sample studied was large enough to allow use of confirmatory factor analysis for examining the index beyond the exploratory factor analysis used in its development. Further, the paper treated organizational culture as a socially constructed phenomenon and included all employee classifications in the study. The results show evidence of a second‐order factor model for perceived cultural compatibility rather than the single factor view of culture offered by Veiga et al. and Very et al.
The ability to manage workforce diversity effectively has achieved strategic significance for man... more The ability to manage workforce diversity effectively has achieved strategic significance for many organizations. This article describes an exercise that has helped students understand cultural differences and their interpersonal and organizational implications.
Most employers are aware of their legal right to monitor employees' computer ... more Most employers are aware of their legal right to monitor employees' computer activities, and they are increasingly doing so. Yet, few of those who do monitor are aware that exercising this right may impose a legal duty to monitor prudently in order to protect third parties and to report criminal activity to the appropriate authorities. This paper briefly examines employers'
Employee Responsibilities and Rights Journal, 1994
It is unlawfid under Title VII of the Civil Rights Act for employers to discriminate against appl... more It is unlawfid under Title VII of the Civil Rights Act for employers to discriminate against applicants or employees because of their sex unless sex is a bona fide occupational qualification (BFOQ). During the past two decades, a number of courts were asked to decide whether sex is a BFOQ for the purpose of protecting clients' privacy rights (i.e., whether employers could bzsist that employees be of the same sex as their clients for those jobs which required employees to touch or view clients' bodies in various stages of undress). This investigation examhwd relevant judicial ophtions rendered throughout the United States to determine how the courts resolved this conflict between clients' privacy rights and employees' equal employment opportunity rights.
Employee Responsibilities and Rights Journal, 1992
The common law theory of defamation of character involves the invasion of one's interest in p... more The common law theory of defamation of character involves the invasion of one's interest in protecting his or her reputation. An actionable claim for defamation generally arises when false and defamatory facts about someone are communicated by the originator of the defamatory material to someone other than the person defamed. Under certain circumstances, however, the originator may be liable if the defamatory material is communicated to a third party by the defamed person himself or herself. This article examines what appears to be an emerging trend among the courts to recognize and apply the doctrine of self-defamation to the employment context. State and federal court decisions are summarized in order to identify and illustrate the relevant legal principles.
Decision Sciences Journal of Innovative Education, 2003
Effective negotiators are able to make deals, settle disputes, or make group decisions that are d... more Effective negotiators are able to make deals, settle disputes, or make group decisions that are desirable or cannot be achieved without the other party. They are also able to influence the quality of their relationships, which is particularly important if they remain interdependent after the outcome is achieved. As such, negotiation is a critical business skill for employees and managers, regardless of their functional disciplines. Numerous role-playing exercises are available for instructors to use to help students learn how to perform the different facets of the negotiation process. While many of these exercises are excellent, the outcomes rarely affect students in a meaningful way. Even if these outcomes influence their grade, the stakes are artificial. The objectives of this comprehensive negotiation exercise are to enhance participants' understanding of, and ability to perform, the different facets of the negotiation process when they have a vested interest in the outcome. It is an appropriate exercise for any class in which the topic of negotiation is examined.
Employee Responsibilities and Rights Journal, Jun 1, 1994
It is unlawfid under Title VII of the Civil Rights Act for employers to discriminate against appl... more It is unlawfid under Title VII of the Civil Rights Act for employers to discriminate against applicants or employees because of their sex unless sex is a bona fide occupational qualification (BFOQ). During the past two decades, a number of courts were asked to decide whether sex is a BFOQ for the purpose of protecting clients' privacy rights (i.e., whether employers could bzsist that employees be of the same sex as their clients for those jobs which required employees to touch or view clients' bodies in various stages of undress). This investigation examhwd relevant judicial ophtions rendered throughout the United States to determine how the courts resolved this conflict between clients' privacy rights and employees' equal employment opportunity rights.
Leadership & organization development journal, May 1, 2001
Research has demonstrated that mergers and acquisitions often fail, in significant part because c... more Research has demonstrated that mergers and acquisitions often fail, in significant part because companies fail to effectively integrate their diverse organizational cultures. This case study provides an in‐depth description of one company’s organizational culture just prior to being acquired, and demonstrates how it began to change almost immediately following the acquisition. The new CEO affected the acquired company’s culture directly by changing roles, responsibilities, policies, procedures, and practices. He affected it indirectly through his influence on other organizational members. Suggestions for effectively managing the integration of diverse organizational cultures following an acquisition are discussed.
Many problems are commonly attributed to workplace romances. These include perceptions of favorit... more Many problems are commonly attributed to workplace romances. These include perceptions of favoritism, sexual harassment. the spillover of "family" problems into the workplace, and others. To prevent these problems from occurring, many firms have adopted nonfraternization policies. Despite the firms' laudable intentions, such policies have engendered significant litigation. This research examines relevant court decisions rendered throughout the United States to determine the contours of legally enforceable nonfraternization policies. In addition to providing individuals with economic benefits, work usually allows people to interact socially. Many factors, notably the significant influx of women into the workplace in recent years, have contributed to the increasing incidence of one potentially problematic type of social interaction-workplace romances. This may include dating relationships, marriage, or other forms of romantic involvement. Examples of the types of problems this form of social interaction may engender include work-family conflicts, the spillover of family problems into the workplace, sexual harassment, confidentiality breaches, perceived favoritism, and career derailment [ 11. To avoid these problems, many organizations have adopted fonnal or informal antinepotism policies [2, 31. Some organizations have taken even more aggressive steps to avoid problems associated with workplace romances. Although these policies differ, they commonly prohibit supervisors from manying, dating, or fraternizing with their subordinates; coworkers from marrying, dating, or fraternizing with each other; and employees from manying, dating, or fraternizing with customers or competitors' employees. Despite the laudable intentions of these 29
Employee Responsibilities and Rights Journal, Sep 1, 1994
To avoid liability for hostile environment sexual harassment under Title VII of the Civil Rights ... more To avoid liability for hostile environment sexual harassment under Title VII of the Civil Rights Act, and to minimize the negative effects of such conduct on victims' morale and perhaps their performance, employers must implement remedial measures that are capable of ending the harassment or even preventing it. Determining what constitutes adequate remedial action is difficult, and employers may administer excessively severe disciplinary penalties to ensure legal compliance. But such a response would contravene the tenets of just cause and industrial due process. This investigation examines relevant arbitration decisions to determine how labor arbitrators have balanced these competing bzterests. That is, it delineates the criteria that should be used to ensure that the disciplinary penalties levied against employees who sexually harass others are both adequate and fair.
Leadership & organization development journal, Jul 1, 2004
The goal of the current study was to replicate and extend the perceived cultural compatibility in... more The goal of the current study was to replicate and extend the perceived cultural compatibility index developed by Veiga et al. and Very et al. In extending their work, the sample studied was large enough to allow use of confirmatory factor analysis for examining the index beyond the exploratory factor analysis used in its development. Further, the paper treated organizational culture as a socially constructed phenomenon and included all employee classifications in the study. The results show evidence of a second‐order factor model for perceived cultural compatibility rather than the single factor view of culture offered by Veiga et al. and Very et al.
Decision Sciences Journal of Innovative Education, Sep 1, 2003
Effective negotiators are able to make deals, settle disputes, or make group decisions that are d... more Effective negotiators are able to make deals, settle disputes, or make group decisions that are desirable or cannot be achieved without the other party. They are also able to influence the quality of their relationships, which is particularly important if they remain interdependent after the outcome is achieved. As such, negotiation is a critical business skill for employees and managers, regardless of their functional disciplines. Numerous role-playing exercises are available for instructors to use to help students learn how to perform the different facets of the negotiation process. While many of these exercises are excellent, the outcomes rarely affect students in a meaningful way. Even if these outcomes influence their grade, the stakes are artificial. The objectives of this comprehensive negotiation exercise are to enhance participants' understanding of, and ability to perform, the different facets of the negotiation process when they have a vested interest in the outcome. It is an appropriate exercise for any class in which the topic of negotiation is examined.
The ability to manage workforce diversity effectively has achieved strategic significance for man... more The ability to manage workforce diversity effectively has achieved strategic significance for many organizations. This article describes an exercise that has helped students understand cultural differences and their interpersonal and organizational implications.
Many people believe that increased competition between health care providers is the key to effect... more Many people believe that increased competition between health care providers is the key to effective health care reform. Nevertheless, health care providers are increasingly employing anticompetitive employment agree ments to limit competition. This research examines court decisions applying relevant common law principles to determine the contours of legally enforce able restrictive covenants between health care providers and their employees. More and more medical professionals are joining existing medical practices as employees rather than establishing their own practices. For many of these indi viduals, the terms and conditions of their employment are governed by individual employment contracts. Others serve at the will of their employers. In either case, restrictive covenants, which preclude them from competing with their employer during their employment and for a period of time thereafter, are increasingly being made a condition of their employment. Because these anticompetitive employ ment agreements are in restraint of trade, they have generated a great deal of social, political, and legal debate. Restrictive covenants between health care providers and their employees are particularly controversial because they involve numerous competing interests. Employers are interested in protecting their practices against unfair competition.
The authors examine the statutes, protected classes and damages under federal antidiscrimination ... more The authors examine the statutes, protected classes and damages under federal antidiscrimination laws. Because of the limitations of insurance as a loss financing tool, the authors contend that loss control is a more prudent course of action for employers than loss financing.
Leadership & Organization Development Journal, 2001
Research has demonstrated that mergers and acquisitions often fail, in significant part because c... more Research has demonstrated that mergers and acquisitions often fail, in significant part because companies fail to effectively integrate their diverse organizational cultures. This case study provides an in‐depth description of one company’s organizational culture just prior to being acquired, and demonstrates how it began to change almost immediately following the acquisition. The new CEO affected the acquired company’s culture directly by changing roles, responsibilities, policies, procedures, and practices. He affected it indirectly through his influence on other organizational members. Suggestions for effectively managing the integration of diverse organizational cultures following an acquisition are discussed.
Leadership & Organization Development Journal, 2004
The goal of the current study was to replicate and extend the perceived cultural compatibility in... more The goal of the current study was to replicate and extend the perceived cultural compatibility index developed by Veiga et al. and Very et al. In extending their work, the sample studied was large enough to allow use of confirmatory factor analysis for examining the index beyond the exploratory factor analysis used in its development. Further, the paper treated organizational culture as a socially constructed phenomenon and included all employee classifications in the study. The results show evidence of a second‐order factor model for perceived cultural compatibility rather than the single factor view of culture offered by Veiga et al. and Very et al.
The ability to manage workforce diversity effectively has achieved strategic significance for man... more The ability to manage workforce diversity effectively has achieved strategic significance for many organizations. This article describes an exercise that has helped students understand cultural differences and their interpersonal and organizational implications.
Most employers are aware of their legal right to monitor employees' computer ... more Most employers are aware of their legal right to monitor employees' computer activities, and they are increasingly doing so. Yet, few of those who do monitor are aware that exercising this right may impose a legal duty to monitor prudently in order to protect third parties and to report criminal activity to the appropriate authorities. This paper briefly examines employers'
Employee Responsibilities and Rights Journal, 1994
It is unlawfid under Title VII of the Civil Rights Act for employers to discriminate against appl... more It is unlawfid under Title VII of the Civil Rights Act for employers to discriminate against applicants or employees because of their sex unless sex is a bona fide occupational qualification (BFOQ). During the past two decades, a number of courts were asked to decide whether sex is a BFOQ for the purpose of protecting clients' privacy rights (i.e., whether employers could bzsist that employees be of the same sex as their clients for those jobs which required employees to touch or view clients' bodies in various stages of undress). This investigation examhwd relevant judicial ophtions rendered throughout the United States to determine how the courts resolved this conflict between clients' privacy rights and employees' equal employment opportunity rights.
Employee Responsibilities and Rights Journal, 1992
The common law theory of defamation of character involves the invasion of one's interest in p... more The common law theory of defamation of character involves the invasion of one's interest in protecting his or her reputation. An actionable claim for defamation generally arises when false and defamatory facts about someone are communicated by the originator of the defamatory material to someone other than the person defamed. Under certain circumstances, however, the originator may be liable if the defamatory material is communicated to a third party by the defamed person himself or herself. This article examines what appears to be an emerging trend among the courts to recognize and apply the doctrine of self-defamation to the employment context. State and federal court decisions are summarized in order to identify and illustrate the relevant legal principles.
Decision Sciences Journal of Innovative Education, 2003
Effective negotiators are able to make deals, settle disputes, or make group decisions that are d... more Effective negotiators are able to make deals, settle disputes, or make group decisions that are desirable or cannot be achieved without the other party. They are also able to influence the quality of their relationships, which is particularly important if they remain interdependent after the outcome is achieved. As such, negotiation is a critical business skill for employees and managers, regardless of their functional disciplines. Numerous role-playing exercises are available for instructors to use to help students learn how to perform the different facets of the negotiation process. While many of these exercises are excellent, the outcomes rarely affect students in a meaningful way. Even if these outcomes influence their grade, the stakes are artificial. The objectives of this comprehensive negotiation exercise are to enhance participants' understanding of, and ability to perform, the different facets of the negotiation process when they have a vested interest in the outcome. It is an appropriate exercise for any class in which the topic of negotiation is examined.
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Papers by David Hames