2017

Ethical and Legal Issues

Consumer Rights and Business Ethics

LEGEL ASPECTS OF THE HOSPITALITY

Malvern International Academy

Table of Contents

Legal issue and ethical issue page 02-07

o Introduction to Ethical and Legal Issues page 02-04
o Ethical Issues page 04-05
o Legal Issues page 06
o Great Opportunity page 06
o What is the difference between Ethical and Legal Issues? page 06
o Summary page 06-07
o Conclusion page 07

Consumer rights and business ethics page 08-14

o Introduction page 08
o Consumer rights page 08
o Basic consumer rights page 09-10
o Business Ethics page 10-11
o Breaking Down 'Business Ethics page 11
o Importance of Business Ethics page 11-12
o Relationship between Consumer Rights and Business Ethics p a g e 1 3 - 1 4
o Conclusion page 14

Reference page 15

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Introduction to Ethical and Legal Issues

Legal and ethical are often used in the

same sentence. Though there is a relationship
between the two, the concepts are not
interchangeable. They often clash and work
with each other. Both legal and ethical are
often used in the same context in terms of
issues and social situations; both words can be
applied in almost any situation, private or
public, even in the realm of professions.

Ethical Issues

An ethical issue is rooted in morals that call for an individual or a company to choose between
alternatives that can be evaluated as wrong (unethical) or right (ethical). It is based upon the
perception of the rightness or the wrongness of an act or a situation and thereby affects the society
or other individuals. An ethical issue also raises questions of virtue and is often guided by ones
sense of the right and the wrong.

Mostly prevalent in business, one example of an ethical issue would be the hiring and firing of
employees, whether or not that the employee will be able to maintain him or herself after being
fired from his or her position.

For the nurse in a traditional medical setting, ethical decisions occur occasionally and at times the
nurse may face ethical dilemmas. In contrast, the correctional nurse may face ethical situations
daily. The correctional nurse makes ethical decisions about care delivery, caring and patient
advocacy in planning and providing safe patient care.

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There are six ethical principles that arise frequently for the nurse who works in the correctional
setting.

1. Respect for persons (autonomy and self-determination)

2. Beneficence (doing well)
3. No maleficence (avoiding harm)
4. Justice (fairness, equitability, truthfulness)
5. Veracity (telling the truth)
6. Fidelity (remaining faithful to ones commitment)

These principles serve as a guide to the nurse in making ethical decisions. The correctional nurse
can find support for ethical decisions by referring to the American Nurses Associations code of
ethics. The code delineates the ethical standards for nurses across all settings, levels and roles,
setting expectations as well as providing guidance.

One of the common ethical concerns that arises for the correctional nurse relates to demonstrating
caring in a custody environment. Correctional nurses must find balance in displaying an attitude
of care and compassion while recognizing and maintaining safe boundaries.

Another area of ethical concern is the nurses

responsibility for ensuring that patients have access to
care. The values associated with nursing practice
include nurse advocacy, respect for humans and
eliminating barriers to care. The correctional nurse is
in a unique position to evaluate the quality and
effectiveness of patient care. He or she works with
custody to ensure that the health needs of inmates are
respected and responded to in a timely manner.

End-of life care is another ethical concern for the correctional nurse. Patients die while incarcerated
and the nurse has a role in helping the patient to die with dignity and comfort. In some prisons,
nurse participation in execution may arise as an ethical issue. The correctional nurse should not
participate in executions. This position is supported by the ANAs code of ethics and

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NCCHCsStandards for Health Services in Prisons (standard P-I-07). Participation in execution
is inconsistent with nursing values.

Finally, professional practice is an area that can create ethical concerns for correctional nurses.
Nurses are encouraged to refer to the ANAs scope and standards of practice for correction nursing
and to their states nurse practice act in addressing practice issues.

Legal Issues

A legal issue can be defined as a question or a situation that primarily involves the application of
principles of law. Legal issues arise due to the in-adherence or the noncompliance with the
principles of law which can be considered as an offence against the law. Such issues are usually
punishable by law and harbor consequences that are imposed upon by the governing law of a
country. An organization engaging in illegal business would arise in legal issues, which would
amount to the company being penalized by law for its unlawful conduct.

The legal implications of nursing practice are tied to licensure, state and federal laws, scope of
practice and a public expectation that nurses practice at a high professional standard. The nurses
education, license and nursing standard provide the framework by which nurses are expected to
practice. When a nurses practice falls below acceptable standards of care and competence, this
exposes the nurse to litigation.

The basis for litigation can relate to negligence, failing to exercise the level of care that a
reasonable, prudent nurse would under similar circumstances; malpractice; and professional
negligence, which means an act of neglect committed in the nurses professional role. Acts of
omission and commission will also subject the nurse to litigation and professional license review.
Both litigation and professional license review can result in reprimand of a nurses license or loss
of a license.

Correctional nurses can be especially vulnerable to litigation because the correctional patient
population has a constitutional right to health care. Compounding this, inmate-patients encounter
nurses more than any other type of health care provider. Failure to provide inmates with access to

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health care to meet their serious medical needs can be litigated under the Eighth Amendment as
deliberate indifference or under the 14th Amendment as a civil rights violation.

Inmates have several ways to access health care, such as by submitting a request slip or form.
Another way is through oral communication, for example, by telling a correctional officer of a
need to be seen by medical, or mentioning a health concern to the nurse during medication
administration.

Regardless of the method, the nurse has a

legal and ethical obligation to respond to
the request for care. In general, the nurse
should see the patient to evaluate health
needs and determine the level of care
required. If the communication is from the
officer to the nurse, the nurse has a
responsibility to speak to the inmate. A
face-to-face discussion would be best, but the nurse could also first speak with the inmate by
phone, making sure to ask the right questions, and then determining if the inmate should be moved
to the medical unit or if the nurse should go to the inmates housing area.

Based on the information provided, the nurse must determine the type and level of nursing
intervention required, and then implement an action. The nurse may determine that the patients
health needs can be managed within his or her scope of practice, or determine that a higher level
of care is needed and refer the patient to a midlevel provider or physician, or refer for transfer to a
health facility that can provide the care that is needed. It is always appropriate for the nurse to
follow up to evaluate the inmates response to the intervention.

However the nurse is apprised of an inmates health needs, the nurse must document the health
needs, how notification of the health need occurred, actions taken and the patient outcome.

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Great Opportunity

Nurses practicing in the correctional health specialty face many challenges; despite the challenges,
correctional nurses have a great opportunity to contribute in positive ways to improve the health
of this vulnerable population and to have a larger impact on the greater public health.

Finally, professional practice is an area that can create ethical concerns for correctional nurses.
Nurses are encouraged to refer to the ANAs scope and standards of practice for correction nursing
and to their states nurse practice act in addressing practice issues.

What is the difference between Ethical and Legal Issues?

It is a known fact that most laws are based upon ethics. It is because of this reason that ethical and
legal issues often overlap each other, thereby making it quite difficult to make a distinction
between the two. However, it must be made clear that ethical and legal issues are two different
types of issues that must be dealt with in different manners.

Ethical issues are not governed by a set of rules and thereby are not punishable by law. Legal
issues have a set of rules on which they are based and are punishable by law if those rules are not
adhered by.

What is legal can be unethical. For example, the firing

of an employee by a company is not illegal but may be
unethical.

What is ethical can be illegal. For example, euthanasia

may be viewed as ethical, but it is illegal in most
jurisdictions.

Summary:

1. Legal and ethical both function as adjectives and nouns. They have different origins
legal comes from Anglo-French, while ethical has Middle English and Greek roots.
However, both share a common ground in Latin.

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2. Both legal and ethical are considered as standards and methods to conduct a certain kind
of behavior and action.
3. There is a difference in scope and application. Legal can apply to a more widespread scope,
while ethical applies on an individual basis.
4. Legal has its basis in ethics, while ethics has its basis in morals. They both judge a certain
behavior or action either as right or wrong in their respective opinions.
5. Legal has a more objective view, while ethics has a personal and varied view depending
on the individual.

Conclusion

Legal and ethical issues are prevalent in the health care industry, and in particular for the nursing
practice, where nurses have daily individual contact with patients. Ethical issues are wide-
ranging, from organ donation, genetic engineering, assisted suicide, withholding treatment in
end-of-life care, or simple procedures requiring consent. Many nurses do not have formal
education in legal and ethical issues, and as such as often unqualified to address these questions
when they arise in the medical environment. While there are legal, ethical and professional
guidelines which mandate the conduct of professionals, it does require education in the area and
an ability to be aware of the risks of any personal decision made regarding a patient. Nurses must
be guided in learning about ethics within their profession to ensure mistakes to do not occur. As
nurses have contact with patients on a daily basis in dynamic environments, ethical issues vary
based on patient profiles, medical technology development, and healthcare specialties.
Awareness of ethical problems involves rational reflection of what action should be taken in
particular scenarios, and adhering to principles guiding this behavior. Nurses are influenced by
professional, personal, cultural, social, and political factors. The fundamental responsibilities of
all medical practitioners remains constant, being to promote health, act in the best interests of
the patient, prevent illness, remove suffering, and extend services beyond the individual to their
family and the community.

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 Consumer rights and business ethics
Introduction

Are customers always right and businesses best served by treating their customers well? There are
certain precepts about customers that "the customer is not always right". This has led to norms of
how organizations treat customers, the notion that marketing activities should fulfil consumer
needs and that organizations need to secure consumers personal and social well-being (Sorell,
1994).

Consumer rights

Generally accepted basic consumer rights are (1) Right to safety: protection from hazardous goods.
(2) Right to be informed: availability of information required for weighing alternatives, and
protection from false and misleading claims in advertising and labeling practices. (3) Right to
choose: availability of competing goods and services that offer alternatives in terms of price,
quality, service. (4) Right
to be heard: assurance that
government will take full
cognizance of the concerns
of consumers, and will act
with sympathy and
dispatch through statutes
and simple and expeditious
administrative procedures.

Consumer Rights in Malaysia

Its important to be aware of your rights as a consumer so you know what you are entitled to from
getting refunds for faulty or dangerous goods to not being overcharged by unscrupulous traders.

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If you are not satisfied with the price or even quality of goods and services you received, you can
lodge a complaint with the Ministry of Domestic Trade, Co-operatives and Consumerism. As a
consumer, you are protected under the Consumer Protection Act 1999.

This applies to online purchases too, as online trading (think Instagram, Facebook and online
stores) are required to be registered with Suruhanjaya Syarikat Malaysia (SSM), and must adhere
to rules of trading in Malaysia.

Basic consumer rights

1. The right to choose. Within reason, consumers have the right to be assured that a selection
of quality products and services are available for them to purchase at competitive prices. It
means that a consumer should have the opportunity to select the goods or services that he
or she wants to purchase.
2. The right to safety. Consumers have the right to expect protection from hazardous
products and services purchased in the marketplace, particularly if used properly for their
intended purpose. Consumers have protection from the sale and distribution of dangerous
goods and services.
3. The right to be informed.
Consumers have the right to
receive adequate information
about products on which to
base buying decisions.
Reliable sources exist to
inform consumers about
products or services.
4. The right to be heard and the right to voice. Consumers have the right to equal and fair
consideration in government policy-making situations, as well as prompt treatment in
administrative courts or legal communities. In other words, consumers have a right to
complain when there are problems or concerns. They have the right to speak up, to be
heard, and to expect positive results. Through this right, both business and government are
expected to respond to consumers.

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 5. The right to redress or remedy. Consumers are afforded an opportunity to have a hearing
to voice dissatisfaction such that a resolution is reached and the complaint is settled
satisfactorily.
6. The right to environmental health. Consumers should be protected from the devastating
effects of air, earth, and water pollution that may result from the performance of daily
marketplace operations. Consumers have the right to live and work in an environment that
does not threaten the well-being of present and future generations.
7. The right to service. Consumers may expect convenience, the right to be treated with
respect, an appropriate response to their needs and problems, and good quality design and
workmanship in a product. Additionally, consumers may expect a courteous manner while
in a store or other establishment even if a purchase is not made. Service means access to
essential goods and services to include adequate food, shelter, clothing, health care,
education and sanitation basic needs that should be available to all consumers.
8. The right to consumer education. Consumers are extended the right to continuing
consumer education that supports the benefits and enjoyment of other specific rights.
Consumers have the right to some form of training and mastery of knowledge and skills
needed to make informed decisions in the marketplace.
Consumers are privileged to have rights; however, they come with certain responsibilities.
For example, it is a consumer's responsibility to use products for their intended purpose
and to properly store and dispose of merchandise.
Consumers should be concerned with securing, protecting, and asserting their rights in the
marketplace while trading and transacting business to obtain fair value for goods and
services. Meanwhile, consumers should not have to worry about the safety of the item they
purchase, or contend with false and misleading advertising. Consumers have the
responsibility to seek, to evaluate and to use available information on products and services
to make sound buying decisions.

Business Ethics

Business ethics have developed into standards of moral and ethical responsibility, not only in the
United States but also around the world. The demand for moral and ethical behavior in all aspects

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of domestic and international business communications and partnerships has encouraged the
development and evolution of business ethics.

The field of business ethics is not simple to define. The wide range of industries and areas of social
behavior that exist between any business and the consumer or general public complicate the field
of business ethics. Business ethics can
be practiced in corporate offices, as well as
local mom-and-pop grocery stores. It has
to do with social responsibility and
corporate compliance, as well as employer
and employee rights. The field of ethics
addresses, morality, responsibility,
decisions, and actions taken by any
company or business from the grassroots
level to the highest positions in local or
national governments.
This article on the basics of business ethics will explore and define the difference between
corporate compliance, corporate and social responsibilities, corporate responsibilities, as well as
ethics in the workplace and its impact on business.

Business ethics generally are built upon four basic foundations: attitude, value, behavior, and
normal customs and expectations. The study of business ethics may stray into fields of law, but
more often than not deals with the behavior, expectations, and demands of common courtesy,
manners, honesty, and integrity.

Unethical business behaviors damage productivity and living standards. Such practices also affect
social, as well as environmental, degradation that results in damage to many aspects of society,
which results in lack of trust. Businesses have become increasingly competitive and the value of
products and their manufacturers has gone far beyond price-per-unit or the function they perform.

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Breaking Down 'Business Ethics'

Business ethics ensure that a certain required level of trust exists between consumers and various
forms of market participants with businesses. For example, a portfolio manager must give the same

consideration to the portfolios of family members and small individual investors. Such practices
ensure that the public receives fair treatment.

The concept of business ethics arose in the 1960s as companies became more aware of a rising
consumer-based society that showed concerns regarding the environment, social causes and
corporate responsibility. Business ethics goes beyond just a moral code of right and wrong; it
attempts to reconcile what companies must do legally versus maintaining a competitive advantage
over other businesses. Firms display business ethics in several ways.

Importance of Business Ethics

o Public expects business to exhibit high levels of ethical performance and social
responsibility.

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 o Encouraging business firms and their employees to behave ethically is to prevent harm to
society.
o Promoting ethical behavior is to protect business from abuse by unethical employees or
unethical competitors.
o High ethical performance also protects the individuals who work in business.

Relationship between Consumer Rights and Business Ethics

In order to understand the correlation between consumer rights and business ethics, one looks once
again to the Golden Rule. Consumers expect to be treated with courtesy and respect. Therefore, in
order to encourage sales, business managers pay close attention to consumer opinion polls,
feedback, and attitudes. This has evolved into basic understandings of consumer rights and
protections that have been developed through the years in order to encourage a positive
relationship between business management and consumer demand.

Ethics are important not only in business but in all aspects of life because it is an essential part of
the foundation on which of a civilized society is build. A business or society that lacks ethical
principles is bound to fail sooner or later.

Expectations vs. Reality

Whether you're purchasing goods or services, or buying your first car, we as consumers expect
honest negotiations in all aspects of our environment. Such expectations may be based on morals
and values of common courtesy, but the concept goes much deeper than that. The development of
consumer rights and protections in a wide range of industries and fields may be the difference
between the success and failure of a business.

For example, topics involving privacy rights, safety, and product reliability are important parts of
developing marketing and advertising plans.

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Bridging the Gap between Business and Society

Consumers play an important role in bridging the gap between business and society. They serve
as a barometer to behaviors in multiple industrial fields. The consumer is literally a pulse by which
a business advertises and markets a product.

Consumers expect honest and fair advertising. The United States Federal Trade Commission
regulates marketing practices that appear deceitful or unfair. Perhaps one of the most noted
scenarios in deceptive and unfair advertising practices is a claim by various pain relief
manufacturers. For example, advertisements on television and magazines claim that Brand X is
dispensed or recommended by more doctors than any other type of pain reliever.

Wall Street and Beyond

The incorporation of business ethics is extremely important in all aspects of industry, but perhaps
even more so when it comes to financial institutions. Ethical decisions and issues have a great
effect on everyone whether one works on Wall Street, or is merely depositing a paycheck in a local
bank.

Due to recent scandals that have rocked Wall Street, it is not surprising that many people feel the
financial services industry is more unethical than any other industry in society, including medical,
science, technology, or retail.

Conclusion

Trust in every aspect of business is vital for success, but within the financial industry, it is
absolutely essential. Ethical and social responsibility from financial institutions -- from the
community bank to the stockbroker on Wall Street -- are expected and demanded by consumers.
Tolerance for unethical behavior is extremely low and the demand for greater sanctions, fines, and
jail terms for those who even consider unethical behavior within this field are growing.

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References

(cnp-ethical-legal, 2011)
(Ethical, Diference Between Legal and)
(egal-and-vs-ethical-issues, 2014)
(Basic Consumer Rights You Didnt Know You Had In Malaysia, 2016)
(LEGAL RESOURCES)
(stanford.edu, 2016)
(www.uniassignment.com)

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