Constitutional Rights Paper
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Constitutional Rights Paper
Operating a business requires many rules, policies and procedures to ensure that the employees are performing their jobs properly and working towards a common goal. In addition to a companys specific policies, any company operating in the United States must also abide by the U. S. Constitution. The United States Constitution is the foundation of our nation and all citizens have specific rights that cannot be violated. The most common of these rights are the first 10 amendments known as, the “Bill of Rights”. The U.S. Constitution provides minimum protection for people in all 50 states while each state has its own Constitution that may provide for additional rights and freedoms. A state Constitution may not take away any rights granted by the U.S. Constitution, it may only add additional protections or freedoms for its citizens. Operating a business can be difficult when balancing employees constitutional rights with the business needs of the company. Every company must ensure that it provides fair and equal treatment of all its employees regardless of sex, race, color, national origin, age, religion, disability, sexual orientation or any other legally protected characteristic. Companies must also provide reasonable accommodations for handicapped employees as well. If a company fails to provide protection under these areas certain legal or civil action could take place costing a company millions of dollars, or even cause the business to be shut down.
Riordan Manufacturing is a global plastics manufacturer that has two production facilities in the United States. One is in Pontiac, Michigan and the other in Albany, Georgia. A third facility is located in Hangzhou, China. Corporate headquarters is located in San Jose, California. Riordan Manufacturing produces plastic parts for many different industries and one in particular is the Department of Defense. A confidentiality agreement between the company and the employees may be required for a customer with such high security demands.
Is such a confidentiality agreement a violation of the employees right to free speech? A business has the ability to protect its trade secrets and can require an employee to sign a confidentiality or non-disclosure agreement. “It has been argued, albeit unsuccessfully, that confidentiality agreements and protective orders violate the First Amendment right to free speech in disseminating information” (Slifkin and Weiss 1999). Riordan manufacturing can ask any employee to sign a non-disclosure agreement anytime they feel confidential information is at risk. The employee handbook clearly states the consequences for violating any non-disclosure agreement. A signed non-disclosure agreement is a binding legal document that a business can use to ensure their companys confidential information is protected. Requiring the signing of a confidentiality statement does not violate employees first amendment rights.
With the desire to not only protect trade secrets but to maintain quality Riordan also strives to take protective measures against illegal drug or alcohol. Drug testing is legal and is required as part of the pre-employment screening for individuals seeking employment with Riordan. The reason for choosing pre-employment drug