Freedom of Speech and Sexual Harrassment

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Business Ethics Term

PaperFreedom of Speech and Sexual Harassment acritical analysis


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"Freedom of Speech and Sexual Harassment, a Critical Analysis"

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Table of ContentsTitle

Page...................................................................................................................................................... 3

Introduction.................................................................................................................................................. 4

Whatthispaperisabout?......................................................................................................................... 4

The

Relevance

of

Business

Ethics..............................................................................................................

6

GeneralDescriptionofthesubjectarea................................................................................................... 8

FreedomofSpeechageneraldefinition............................................................................................... 8

Sexual

harassment

general

definition

..................................................................................................

8

Typesofsexualharassment.................................................................................................................. 9

Our

Views

on

the

subject

area

......................................................................................................................

9

FreedomofSpeechincontextwhatwebelieve.............................................................................. 10

Sexual

Harassment

in

context

what

we

believe

..............................................................................

11

WrittenreferencesontheFreedomofSpeechversusSexualHarassmentdebacle................................. 11

Ethicalproblemsofrestrictingfreedomofspeechinthecaseofsexualharassment............................... 12

Whytheseissuesfallintheethicalrealm.................................................................................................. 13

Analysiswiththeuseofethicaltheoreticperspectives............................................................................. 14

Theimpactandconsequencesonthesociety/employees/organizationwithinthecontextofthe

Jamaicanbusiness....................................................................................................................................... 16

Impacts

of

Sexual

Harassment

in

general

...............................................................................................

16

A

Jamaican

organization

perspective

......................................................................................................

17

Conclusion................................................................................................................................................... 19

Bibliography................................................................................................................................................ 20


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Title Page

Term Paper Business Ethics

Topic: "Freedom of Speech and Sexual Harassment, a Critical Analysis"

Monday Group (Group 1) EBBA5 POM/FIN

Members

Gerron Thomas ID#0601486

Novelette Johnson-Williams ID#0703558

Rochelle Edwards ID#0801946

Deborah Smith ID#0705131

Cerita Hickling ID#0504837

Faith Adams-Waysome ID#0503241

Stacey Anderson ID#0801664

Tutor: Mr. Milton Vassall


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"Freedom of Speech and Sexual

Harassment, a Critical Analysis"

Introduction

What this paper is about?

This paper is a critical analysis of a topic which relates to some key issues in the Business Ethics

subject area such as; Ethical Dilemmas, Managing Ethics in the Organization, Culture and

Ethics and Theoretic Perspectives of Ethics. The paper looks to isolate two conflicting ethical

dilemmas in an attempt to determine how the application of Business Ethics theories and

perspectives may be useful in addressing the issue identified. The topic under focus is titled

Freedom of Speech and Sexual Harassment, A Critical Analysis .

This area of Business Ethics is of great interest because it allows the student an opportunity to

apply the concept of Business Ethics, the theoretic perspective in specific, to a major

issue/unethical area prominent within the scope of the Jamaican organization culture and in

addition a dilemma that pose major management challenge in the global scope of business.

Given the convent of globalization, respect for human rights and discrimination is at the fore

front of ethical behavior. Ethics is now a part of the profit making strategies of gold standard

companies and therefore it is of utmost importance we focus on managing this area of Business

Ethics in attempt to meet the standard accepted practices necessary to global business and

management requirements. The codes of conducts of the world are now the major tenets which

formulate acceptable business practices and therefore, any attempt to provide clarity over an

ethical dilemma which is prominent in the Jamaican business and social environment is of great

importance to a Business Ethics student.


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Major benefits of critically analyzing this issue include;

The reader will gain clarity over how to approach ethical dilemmas to ensure decision making

meets the requirements of doing what is right, just and equitable

The paper provides first hand application of ethical theoretic perspectives on a major

management problem area, especially within the Jamaican business, school and social context

The paper highlights the notion that when good conduct and morals are applied in all the levels

of an organizations structure, that is, from the junior employees to the management staff, the

company is most likely headed for success.

The Structure of the paper includes a general discussion of Business Ethics. The reader will be

exposed to some of the major areas of the subject matter as well as a collated shared writers

view around each area highlighted. Readers can expect references to other research supporting

the various concepts on this topical issue.

The body of the document will lead into a major analysis where we will identify the ethical

problems surrounding the issues of Freedom of Speech and Sexual Harassment. The analysis

further includes proposed arguments supporting the position of how and why these issues fall

into the realm of Business Ethics within the organization. In our analysis we will also discuss

and apply theoretic ethical perspectives to justify the thesis statement and will further discuss the

impact and consequences on society and the organization within the Jamaican business

environment.


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The Relevance of Business Ethics

Ethics at the macro level is defined as the study of human conduct or moral standards which

focuses on the moral duty and obligation of mankind or it is the code of moral principles and

values that govern the behavior of a person or group with respect to right or wrong. It sets

standards of good or bad in conduct and decisions-making. It is also referred to as applied ethics

or the study and philosophy of human conduct in the sphere of business with emphasis in

determining what is right from what is wrong. It allows persons to determine right and wrong

behavior, fairness and unfairness, and it comprises principles and standards that guide behavior

in the world of business (Mackie, 2011).

Business ethics is a specialized branch of ethics focusing on how moral standards apply to

business organizations and behavior according to Velasquez, (1998). Laura Nash defines

Business Ethics as the study of how personal moral apply to the activity of business activities.

Business Ethics has helped to widen the knowledge and understanding of individuals by helping

them to differentiate between right and wrong and good and bad.

Ethics can be defined at the micro level as the standards, morals and values that govern the

behavior of an individual. With these norms, individuals can formulate opinions necessary for

judging the behavior of themselves as well as others with the view of determining wrong from

right. Wrong actions, behaviors and communication in society bring about the discussion on

business ethics (Trevino & Nelson, 2010).

In organizations we talk about business ethics and highlight the fact that being ethical can either

be identified by the organizational culture or by an individuals character. Business Ethics is

used as the framework which guides decisions and standardize approaches and ideas on how to

deal with ethical dilemmas. These dilemmas may either be viewed as wrong or right and may


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surround ethical issue areas such as safety and environmental standards, legal issues,

discrimination, fairness and honesty and even sexual harassment. Some organizations may not

see the relevance of these focusing on these issues. Nevertheless, these issues historically have

realized great failures and have resulted in loss of trust by customers, shareholders and other

stakeholders (Trevino & Nelson, 2010).

Business ethics allows management and employee to see eye to eye on what is right or wrong in

the organization. However to some employees and management, what the organization may label

as ethical, the individual may see it as unethical. This difference in judgment results in ethical

dilemmas within the organization

The relevance of Ethical Behavior in Business is can be viewed from the fact that laws are

insufficient and do not cover all aspects of deciding what is rights versus wrong. Ethics

highlights the impact of misconduct on the organization, employees and the wider society. It

helps the organization to establish moral rules and regulations by guiding employees towards

fostering greater behavioral self-responsibility as well as determining the organizations

obligation to society within the scope of Corporate Social Responsibility. In some companies,

codes of conduct, policies and procedures are limited in scope and detail concerning human,

environment and social costs in doing business and therefore do not cover the broad area of

subjective thought with regards to wrong or right. The concept of Business Ethics aims to set

general accepted standards relating to the issue of wrong or right and therefore areas not captured

in codified law are guided and judged under the concept of business ethics. In addition, learning

Business Ethics teaches us to act on principle by doing what is right not only within the business

and legal boundaries but also within unethical boundaries.


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General Description of the subject area

The thesis derived from the topic states, Restricting comments of a sexual nature is not a

violation of a persons freedom of speech where it regards the issue of sexual harassment. The

topic in general speaks to two major ethical challenges and distinguishing subject areas,

Freedom of Speech and Sexual Harassment.

Freedom of Speech a general definition

In isolation Freedom of Speech is defined as the political right to communicate ones opinions

and ideas via speech. It includes any act of seeking, receiving and imparting information or

ideas, regardless of the medium used but is however limited to classifications/definition in

different jurisdictions within the parameters of libel, slander, obscenity, copyright violation and

incitement to commit a crime (Warburton, 2009).

The concept is universal in general and is recognized as a human right under article 19 of the

Universal Declaration of Human Rights. Other areas of global human regulations recognize the

construct namely, the International Human Rights Law and the International Covenant on Civil

and Political Rights (Office of the United Nations High Commissioner for Human Rights, 2000).

Sexual harassment general definition

Sexual Harassment is also a universally recognized dilemma, one which is governed by codified

law and also applicable to the Jamaica business environment. Theorists define the construct as

any intimidating act, bullying, coercion of a sexual nature, or unwelcome, inappropriate promise

of rewards in exchange for sexual favors. The issue is considered illegal in modern society and

universal law principles states it is unlawful to harass a person because of a persons sex. This

harassment includes sexual harassment, unwelcomed sexual advances, verbal harassment,

physical harassment, and request for sexual favors. The literature supporting sexual harassment


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also denotes that it is illegal to make offensive comments about women whether in the context of

simple teasing or off hand comments/gestures (Marshall, 2008).

Types of sexual harassment

In general, under an organization context sexual harassment is also likened to sexual

discrimination which may be of two forms 1) Quid Pro Quo and 2) Hostile Environment. Quid

Pro Quo occurs when a job benefit or opportunity is linked directly to an employee submitting

themselves to unwelcomed sexual advances. It may also occur when an employer or superior

makes evaluative decisions on the basis of whether or not the employee will attempt to meet

sexual advances. Quid Pro Quo is considered illegal whether or not the victim resists and suffers

the resulting impacts or submits and avoids the threatened harm. In a Hostile Environment

situation, employees in a workplace are subject to a pattern of exposure to unwanted sexual

behavior from persons other than an employee's direct supervisor where supervisors or managers

take no steps to discourage or discontinue such behavior. It may include, the telling of dirty

jokes, making sexually suggestive remarks, using derogatory comments of a sexual nature,

frequent physical contact and the posting of pornographic pictures in an employees cubicle

(U.S. Equal Employment Opportunity Commission, 1995).

Our Views on the subject area

The two issues in isolation are integral ethical issues which will present major challenges for

management. Both must be respected and if violated will result in serious distress whether

emotionally or physically. The concept within the context of our thesis brings about another view

of both issues. Bringing both areas together is an ethical dilemma where we will need to make a


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choice on what takes precedence which in effect creates a conundrum for the ethical decision

maker.

Freedom of Speech in context what we believe

There are two proponents in favor of freedom of speech: the principled and the pragmatic

arguments

The principled argument states, if we are to demand the liberty to know, to utter, and to argue

freely according to conscience, above all liberties, then it is obvious that any limitations on

speech will erode that liberty. In principle we share the view that if we are to try and censure a

line of argument that is offensive, then an obvious question would arise: how do we determine

what is offensive? What safeguards do we have against these definitions encroaching too far?

The more pragmatic argument view of freedom of speech denotes that open and honest sharing

of views is a far more effective way of promoting good ideas and destroying bad ideas than

censorship and oppression.

However, based on the psychological makeup of human beings, each individual is restricted to

their view of the world and hence may sight opinions shared by others as offensive. From our

view, if there is no existence of freedom to offend, then freedom of speech in pragmatic terms

will fail in terms of its targeted objectives.

Therefore, we view the concept of Freedom of Speech as necessary but limited to the confines

of its overall contribution to society in terms of how speech proposed will be constructive and

not offensive.


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Sexual Harassment in context what we believe

We believe that sexual harassment is totally wrong and should be an area where management

directs their resources on ensuring the issue is appropriately addressed and discontinued if exists.

No one should welcome harassment of any kind as harassment in itself is a feeling of intense

annoyance caused by being tormented; it is also the act of systematic and/or continued unwanted

and annoying actions of one party or a group, including threats and demands.

Sexual harassment is viewed as an act of discrimination and any attempt to discriminate against

another human exceeds the accepted principles of just behavior. Whether it is Quid Quo Pro or a

Hostile Environment, the un-comfort of sexual harassment reduces the effectiveness of

employees and also affects their overall image in relation to how other employees may view

them.

Written references on the Freedom of Speech versus Sexual Harassment

debacle

In the writings of George Washington he suggests, If the freedom of speech is taken away then

dumb and silent we may be led, like sheep to the slaughter. One of the most elegant summations

of the principle of absolute free speech was made by Charles Bradlaugh where he posited that

Without free speech no search for truth is possible no discovery of truth is useful Better a

thousand fold abuse of free speech than denial of free speech. The abuse dies in a day, but the

denial slays the life of the people, and entombs the hope of the race (Kamir, 2005).

How then do we counter such views in defense of our proposed argument that restricting

freedom of speech in the context of sexual harassment is not a violation to a basic human right?


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We must look to the writings of Prof. Eugene Volokh, where he suggests that the law or right of

freedom of speech is vaguely stated and is not applicable to all situations. The professor states

that despite the protection provided for freedom of speech under the first amendment, any

references which may impact another persons morale will be exempted from protection and will

be considered harassment (Volokh, 1995). The writings of Trevino in Managing Business Ethics

relates the point that compliments will be considered harassment if they are used to embarrass

someone and undermine the persons professional standing.

Therefore, an implementation of a clause to protect those victims of opinions freely expressed

and results in emotional distress should be considered an area for great research work.

Ethical problems of restricting freedom of speech in the case of sexual

harassment

Freedom of speech has been defined as liberal human right and any acts of suppressing human

rights is constituted as unethical because it defies the set standards of society, norms and general

practices. However the ethical problem in our view occurs when speech used is discriminating or

slandering. Thus, restricting free speech is generally unethical except when used to sexually

harass someone (Trevino & Nelson, 2010).

Herbert Spencer in the late nineteenth century stated The liberty of the citizen to do as he likes

so long as he does not interfere with the liberty of others to do the same. The liberty of the

citizen, in this case, would be expressing ones self through speech. He however failed to

consider ethical dilemmas where free speech may be used for the wrong purposes. Thus, one


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major problem is that free speech if not restricted within constructive boundaries may be used to

degrade, undermine, belittle or taint the view of an individual to the public (Marlin, 2002).

A general principle of law is any constitutional right ends where it infringes on the rights of

others. This delineates the argument presented in our thesis and also identifies the major ethical

problem in this ethical debacle. On one hand restricting free speech is an ethical problem. On the

other hand sexual harassment is also an ethical problem. Both issues are considered in the

context of human rights and respect but when the two are joined together and free speech is used

to sexually harass an individual we have a case of rights infringing on another right (Warburton,

2009).

The real problem with respect to our topic is that sexual harassment is illegal and since codified

by law which is considered in the concept of ethics, then we support any attempt to restrict such

a free speech in case of sexual harassment. If not restricted we will realize the impacts stated

under the sub-heading The impacts of sexual harassment.

Why these issues fall in the ethical realm

What is the ethical realm? The ethical realm is the dimension which considers the norms, values,

standards and principles governing an individual or group and how these practices lie congruent

with the concepts of honesty, respect, fairness, legality and dignity of an individual.

Given our definition of the ethical realm, we see where restricting free speech is unfair, but this

is however limited to sexual harassment. Why, because sexual harassment is inconsistent with

the parameters of the ethical realm, meaning, sexual harassment is illegal, disrespectful, unfair,


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and takes no consideration for the dignity of an individual. Therefore the above problems as it

relates to restricting free speech and sexual harassment must be considered in the realm of ethics.

Another reason why they should be considered in the realm of ethics is to assess the use of the

theoretic perspective of ethics or the application of ethics. Perspectives and theories are used to

solve ethical dilemmas and to assist in the decision making process (Kamir, 2005). These issues

create decision making challenges for individuals and management and must be guided by the

perspectives of ethics to determine right or wrong and hence must be considered in the ethical

realm.

Analysis with the use of ethical theoretic perspectives

When considering what makes sexual harassment wrong, or morally wrong, we must look at

several ethical theories. Deontology is based on the principles of equal rights and respect for all

persons. Deontologyis an effective way to determine the righteousness of a particular subject. In

order to determine if an act is right, we must first decide what rule to follow. The rule Do unto

others as you would have done unto you. is a basic fundamental in business ethics, which caneasily apply to sexual harassment. In Jamaica, sexual comments are seen as compliments or as

sexual harassment. Even though sexual comments can be interpreted differently by individuals, if

it is right to treat everyone as you would want to be treated, it is obviously wrong to sexually

harass anybody, as no one wants to be harassed. It is our duty to avoid harming other people, this

idea can also be applied to sexual harassment. Sexual harassment can not only hurt the person

being harassed, but the company as well (Trevino & Nelson, 2010).

Utilitarianism, is concern with the greatest good for the greatest number of people, utilitarians

believe that they should make decision that result in the greatest utility that is achieve the

greatest benefit for all those who are affected by a decision In sexual harassment cases, in

Jamaica a common justification for sexual harassment is making innuendos in the context of


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jokes, or because it is an opinion which is not restricted from expressing. In either motive, it

results in happiness for the harasser on the other hand all individuals can become victims of

sexual harassment and hence restricting any contributor of same will result in the greater good

for society (Mill, 2000).

Ethical relativism maintains that right and wrong are determined by what ones society (or

culture) says is right and wrong. Some ethical relativists might argue that sexual harassment is

common in some countries or men-dominated culture. Jamaica has a highly sexed culture and in

some organizations, the culture and the level of social relationships dictates what constitutes

sexual harassment. Many Jamaican men in the workplace, whether intentionally or not, end up

encouraging or condoning harassment as a result of accepted norms formulated through

culture. They may be aware of impacts of sexual harassment but they feel this is right as the

culture does not promote ethical practices. How would a relativist assess the situation? The

relativist view is that points of view have no absolute truth or validity, having only relative,

subjective value according to differences in perception and consideration. This is discussed

within the context of morality and hence assessing a situation such as restricting free speech is

relative to the subject of the restriction. In our case, sexual harassment and we therefore conclude

that in the perspective of relativism comments of a sexual nature which would lead to sexual

harassment could be restricted (Marlin, 2002).


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The impact and consequences on the society/employees/organization within

the context of the Jamaican business

Impacts of Sexual Harassment in general

The effects of sexual harassment can be classified into the following groups psychological,

academic, professional, financial, and social effects namely;

Psychological stress and health impairment

Decreased work or school performance as a result of stress conditions; increased

absenteeism in fear of harassment repetition

Firing and refusal for a job opportunity can lead to loss of job or career, loss of income

Having to drop courses, change academic plans, or leave school (loss of tuition) in fear of

harassment repetition and/or as a result of stress

Being objectified and humiliated by scrutiny and gossip

Having one's personal life offered up for public scrutinythe victim becomes the

"accused," and his or her dress, lifestyle, and private life will often come under attack.

Becoming publicly sexualized (i.e. groups of people "evaluate" the victim to establish if

he or she is "worth" the sexual attention or the risk to the harasser's career)

Defamation of character and reputation

Loss of trust in environments similar to where the harassment occurred

Loss of trust in the types of people that occupy similar positions as the harasser or his or

her colleagues, especially in case they are not supportive, difficulties or stress on peer

relationships, or relationships with colleagues


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Effects on sexual life and relationships: can put extreme stress upon relationships with

significant others, sometimes resulting in divorce

Weakening of support network, or being ostracized from professional or academic circles

(friends, colleagues, or family may distance themselves from the victim, or shun him or

her altogether)

Having to relocate to another city, another job, or another school

Loss of references/recommendations (American Association of University Women,

2002)

Some of the psychological and health effects that can occur in someone who has been sexually

harassed as a result of stress and humiliation: depression, anxiety and/or panic attacks,

sleeplessness and/or nightmares, shame and guilt, difficulty concentrating, headaches, fatigue or

loss of motivation, stomach problems, eating disorders (weight loss or gain), alcoholism, feeling

betrayed and/or violated, feeling angry or violent towards the perpetrator, feeling powerless or

out of control, increased blood pressure, loss of confidence and self esteem, withdrawal and

isolation, overall loss of trust in people, traumatic stress, post-traumatic stress disorder (PTSD),

complex post-traumatic stress disorder, suicidal thoughts or attempts, suicide (U.S. Equal

Employment Opportunity Commission, 1995).

A Jamaican organization perspective

We are of the view that neither the concept freedom of speech or sexual harassment has actually

found their way into the culture cracks of Jamaican organizations in full effect. Many reputable

companies have implemented codes of conduct which govern accepted behaviors but

implementation is a far different topic from culturing a practice into norm. There are several


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considerations which may provide barriers to full implementation of codes of conduct which

monitor ethical issues such as sexual harassment. These include;

1. Cost factors to implement and monitor a full scale ethics programme may attract high

administrative cost for effective maintenance and follow up.

2. Involvement of leaders the general behavior of major leaders who are responsible for

leading the global change is unethical and will therefore retract from focusing energies on

foster a culture within the Jamaican framework which accepts, awards and promote the

concept of ethics and to the larger extent sexual harassment.

3.

Culture change implementing adopted international laws and practices will result in

culture change and will hence be resisted by the general masses.

Therefore, the fact that reconciliation of the views of freedom of speech and sexual harassment

are limited within the Jamaican society and organization culture, organizations will continue to

realize the following impacts and consequences.

1. Impairment of public image as in the case of Scotia Bank and a former executive Bill

Clarke.

2. An increase in the number of sexual harassment reported cases

3. Decreased productivity and increased team conflict

4. Decreased job satisfaction

5. Staff resignations to avoid harassment. This results in retraining cost.

6. Resignations/firings of alleged harassers.

7. Decreased productivity and/or increased absenteeism by staff experiencing harassment.


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Conclusion

The argument proposed by this group speaks to the truth that restricting comments of a sexual

nature is not a violation of freedom of speech. This was outlined in the application of theories

and perspectives of ethics supporting sexual harassment over free speech, specifically comments

of a sexual nature. This topic holds of importance the highest point of ethical dilemmas and must

be assessed thoroughly. Given the culture of Jamaica we are aware that fostering an ethical

culture in general is challenging, however organizations must identify the benefits of doing what

is right and within the concepts of ethics. Based on the arguments presented we can conclude

that in case specific situations it may be prudent to assess rights from the view of whether or not

they infringe on the right of another person and therefore if free speech is a right which

encroaches on another right that being rights to respect and justice, we support the view that

those arguments would benefit society greater if restricted.


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Bibliography

American

Association

of

University

Women.

(2002).

HostileHallways:Bullying,Teasing,andSexual

HarassmentinSchool.AAUW:AAUW.

Bowers,

T.,

&

Hook,

B.

(2011).

Hostilework

environment:

A

manager's

legal

liability.

New

York:

Hardwroks.

Kamir,O.(2005).InternationalJournalofDiscriminationandLaw.Israel:Marygettingas.

Mackie,J.L.(2011).Ethics:InventingRightandWrong.London:Penguin.

Marlin,R.(2002).PropagandaandtheEthicsofPersuasion.NewYork:BroadView.

Marshall,

D.

(2008).

"SexualHarassmentLaw:ABriefIntroductionforNewPractitioners.Chicago:

AdventureWorksPress.

Mill,

J.

S.

(2000).

Utilitarianism(Project

Gutenberg

online

edition).

New

York:

Oxford.

OfficeoftheUnitedNationsHighCommissionerforHumanRights.(2000).InternationalCovenanton

CivilandPoliticalRights.Washington:General.

Trevino,k.L.,&Nelson,A.K.(2010).ManagingBusinessEthics StraightTalkAboutHowToDoItRight.

Virginia:Wiley.

U.S.EqualEmploymentOpportunityCommission.(1995)."SexualHarassment".Michigan:USEEOC.

Volokh,E.(1995).FreedomofSpeechvs.WorkplaceHarassmentLaw.UCLA:UCLA.

Warburton,N.(2009).FreeSpeech:AVeryShortIntroduction.LosAngeles:Oxford.

Documents

Freedom of Speech and Sexual Harrassment