Search results

1 – 10 of 35
Per page
102050
Citations:
Loading...
Access Restricted. View access options
Article
Publication date: 10 June 2019

Megan Kurlychek, Shawn Bushway and Megan Denver

Employers using criminal background checks to make hiring determinations must carefully balance the need to protect themselves and their clients against legal mandates designed to…

652

Abstract

Purpose

Employers using criminal background checks to make hiring determinations must carefully balance the need to protect themselves and their clients against legal mandates designed to protect the rights of individuals with criminal records. Yet, surprisingly little research examines this balancing act. The purpose of this paper is to examine how one large agency, the New York Department of Health (DOH), navigates a myriad of mandates to convey and create legitimacy in compliance with complex legal mandates and contrasting interests.

Design/methodology/approach

Prior research on civil right legislation suggests that while companies may create regulations that appear to comply with such mandates, their actual practice does not always comply with their own rules (Dobbin et al., 1988). Therefore, this study addresses two key questions: do the DOH policies appear to comply with the relevant New York State law and does the DOH effectively implement the policies in a way that upholds New York State law. Specifically, this study estimates probit models on a sample of over 7,000 potential employees with criminal records to determine compliance with the criteria established by law and policy.

Findings

Findings show that the variables indicated by law/regulations such as offense severity and time since conviction work in the intended direction. Using only these criteria the models are able to correctly predict clearance decisions approximately of the time and that extra-legal factors such as race and gender do not further influence final determinations.

Practical implications

These findings have practical implications for employers as they show that it is possible for employers to design formal rules that navigate this complex landscape while still opening up employment opportunities for individuals with criminal records.

Originality/value

This is important as many employers either utilize criminal background checks without regulation or are fearful of embarking on efforts to meet regulations such as those promulgated by the EEOC. This research is the first of its kind to actually document and explore the ability of a large employer to conduct socially responsible criminal history background checks.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 38 no. 5
Type: Research Article
ISSN: 2040-7149

Keywords

Access Restricted. View access options
Article
Publication date: 11 April 2016

Brad Shuck, Jesse Owen, Megan Manthos, Kelley Quirk and Galena Rhoades

The purpose of this paper is to examine the relation between employee engagement, decisions to be in a relationship with a co-worker, and commitment uncertainty in a sample of…

2418

Abstract

Purpose

The purpose of this paper is to examine the relation between employee engagement, decisions to be in a relationship with a co-worker, and commitment uncertainty in a sample of adults who identified they were currently working with their romantic partner.

Design/methodology/approach

Because workplace romance can be a taboo topic among working adults, we recruited participants anonymously from online social media websites (n=68). The use of non-experimental design limits the ability to draw causal references in relation to the variables of interest.

Findings

Participants who reported they were motivated to be in a romantic relationship with a co-worker to increase status also reported lower levels of engagement, even after controlling for other relationship (e.g. relationship adjustment) and workplace variables (e.g. intent to turnover).

Practical implications

Romantic relationships within the workplace will most certainly transpire yet the topic remains underexplored in the management literature. This work provides scholars and practitioners insight into the psychological mechanisms that influence workplace relationships and more, explores how relationships between co-workers impact performance variables such as employee engagement.

Originality/value

This is the first study to examine the influence of workplace romantic relationships in the context of employee engagement. Moreover, this is one of only a handful of studies that has documented the empirical linkage between workplace relationships and performance variables.

Details

Journal of Management Development, vol. 35 no. 3
Type: Research Article
ISSN: 0262-1711

Keywords

Access Restricted. View access options
Article
Publication date: 4 September 2007

Megan Denver, Jaime Perez and B.E. Aguirre

The purpose of this paper is to provide background information on a rarely studied response capability of communities across the USA, local, mostly volunteer search and rescue…

1127

Abstract

Purpose

The purpose of this paper is to provide background information on a rarely studied response capability of communities across the USA, local, mostly volunteer search and rescue (SAR) teams.

Design/methodology/approach

Information on local teams was collected from January 2005 until February 2006 through internet searches, online SAR organization lists, and by e‐mailing a survey to local teams. A smaller, previously used database was used to verify the final list of teams and 57 new teams were added in this manner. An SPSS database was created using all the fields collated from the survey.

Findings

It was found that there are 1,150 teams in the USA, which range from one team per State to 79 teams in California. Local SAR teams had a quicker response time than federal teams, while maintaining better equipment and training than emergent volunteers. These teams, unlike the federally funded US&R teams, rely mostly on donations and community fundraisers to continue operating.

Research limitations/implications

Missing data were the most consistent problem faced. Web sites, web links and e‐mail addresses often had expired or did not contain the right information, some teams existed without having a web site (and therefore were not included in the database); also response to the e‐mail survey was low.

Practical implications

Integrating interested local SAR teams into official multi‐organizational disaster and emergency responses could provide valuable additional resources to emergency and incident managers, would allow for better funding for local SAR, and could facilitate recognition to these often overlooked teams.

Originality/value

This paper provides preliminary information on local SAR teams in the USA.

Details

Disaster Prevention and Management: An International Journal, vol. 16 no. 4
Type: Research Article
ISSN: 0965-3562

Keywords

Access Restricted. View access options
Article
Publication date: 13 July 2022

Megan Jean Parker and Mary Dodge

Deferred prosecution agreements (DPAs) are the tool of choice for federal prosecutors when adjudicating corporate misconduct. A DPA is a negotiation that permits the allegedly…

653

Abstract

Purpose

Deferred prosecution agreements (DPAs) are the tool of choice for federal prosecutors when adjudicating corporate misconduct. A DPA is a negotiation that permits the allegedly guilty party from undergoing a criminal trial if they avoid committing further wrongdoing for a specified period. This paper aims to examine whether DPAs are a beneficial mechanism for the criminal justice system to use while adjudicating corporate misconduct. By conducting in-depth semi-structured qualitative interviews with 24 practitioners in the legal field and white-collar crime experts, this study identifies the shortcomings and advantages of DPAs and highlights what policy enactments might enhance their application. The study contributes to the existing literature by expanding the narratives used by judicial officials, legal practitioners and white-collar crime scholars on the role of DPAs.

Design/methodology/approach

The current study is an in-depth qualitative analysis that explores judicial actors’ and white-collar crime scholars’ opinions on the adoption of DPAs to adjudicate corporate misconduct. The literature on DPAs is currently derived primarily from law and literature reviews published by legal scholars. Clandestine negotiations are not accessible to the public and are frequently kept in sealed files unless a breach of contract occurs, resulting in the case proceeding to trial. Hence, a qualitative analysis is the best approach to evaluate the effectiveness of DPAs. Further, little evidence is available that focuses on the opinions of professionals who have participated in these agreements. The interviews were conducted over Zoom and lasted an average of 43 min, with the longest interview spanning 1 h and 45 min and the shortest interview being 14 minutes. A non-probability sampling method – specifically, snowball sampling – was used to generate a total sample of 24 legal professionals and white-collar crime scholars. Initial participants were found by contacting law offices specializing in white-collar crime litigation and using current networks to attain access to a broader range of participants. Then, 19 participants provided referrals throughout the study. The final sample consisted of nine government officials, eight legal practitioners and seven white-collar crime academics experts. One of the government official interviews was excluded from the final research project due to a lack of expertise in the field of white-collar crime. The interview questions were designed to promote in-depth conversation and insight into personal opinions on the adoption of DPAs. Several inquiries highlighted whether DPAs are an appropriate response to corporate misconduct and whether they reduced recidivism through their intended deterrent effect. Furthermore, several descriptive questions sought to understand which criminal justice actors support the adoption of DPAs in white-collar crime cases and why. Coding of the data was first conducted individually by each author. The researchers then compared thematic findings that reflected consensus.

Findings

An immediate theme identifiable in the research is the intrinsic value that DPAs offer in adjudicating corporate wrongdoing. As indicated by a participant, corporate misconduct is not “black or white,” stressing the importance of prosecutors having a middle ground between criminal prosecution and the dismissal of charges. A judicial official indicated that “DPAs are another essential arrow in a prosecutor’s quiver – and something a defense attorney can bargain for” (Respondent 5). Seven government officials and legal practitioners noted that you are unable to send a corporation to jail, and you do not simply want to put them out of business; thus, a DPA is the only tool in which the government can mandate structural change in a company without dismantling the entire entity. Only three academics concurred with the government officials and legal practitioners that DPAs are beneficial and offer prosecutors a vital middle ground. One academic, for example, stated that “DPAs have given U.S Attorney offices that ability to be involved for a considerable amount of time in a company's business, while simultaneously promoting change within the entity” (Respondent 14). Additionally, DPAs ensure that corporations are held criminally liable without triggering an endless cycle of collateral consequences for innocent third parties. One legal practitioner, for example, stated: “Just look at the Enron case; they charged Arthur Andersen with obstruction of justice and dismantled the entire entity they made it where the business was never going to come back. A small subset of individuals, in this case, should have been held responsible but instead, hundreds and if not thousands of people were harmed. With this in mind, DPAs are extremely important, in that it limits collateral consequences because DPAs take a more holistic view that criminal prosecution does not consider” (Respondent 21). Another respondent highlighted that “DPAs are the only tool available that can be employed to change an entire organization structurally” (Respondent 20). Ultimately, the findings suggest that there is a consensus among respondents that DPAs are an appropriate response to corporate misconduct, particularly when the agreement stipulates that a company must hire an external compliance monitor and update their current compliance system. Overall, participants emphasized that these stipulations promote a sense of corporate accountability, provide for the dismissal of guilty employees and mandate structural change. The majority of the respondents (n = 20) insisted that DPAs are advantageous, yet a subset of participants were skeptical of their use in white-collar crime prosecutions. One legal practitioner, for example, noted that “DPAs are political creatures that are awarded as political favors to the largest of corporations that our economy relies upon” (Respondent 17). Another government official confirmed this statement, indicating that “DPAs are a mere slap on the wrist for large corporations – they simply see it as doing business” (Respondent 6). Four academic participants emphasized that DPAs are typically negotiated with multi-level corporations and are not extended to the small businesses that suffer the dire consequences of criminal prosecution. One academic, for instance, stressed that “the question becomes is it fairly applied and being implemented properly. Larger companies are more likely to receive and benefit from a DPA, thus, raising the question of fairness” (Respondent 12). Another academic who was previously a government official stated: “DPAs risk abuse – there have been several instances where prosecutors have forced companies to donate money to favored charities and overstepped their powers. Sometimes DPAs also come with monitors. For example, banks typically have to pay for the auditor, and it becomes extremely intrusive, and it it not clear that they are efficient.”

Research limitations/implications

Several limitations exist in this research. First, it is not a comprehensive study that is representative of the larger population, which limits generalizability. Given the contention of research on DPAs, this qualitative research contributes to the literature, and its findings are likely transferable to multiple settings in which DPAs are used. Second, DPAs are processed and drafted differently across jurisdictions; thus, comparing DPAs across state levels and among departments in the federal government would be equivalent to comparing apples to oranges. This comparison is yet another limitation to the study because criminal justice practitioners operate in both the state and federal jurisdictions. Another challenge in the current study and something that likely will be a problem for future researchers is the difficulty of gaining access to experts in an exclusive field of criminal justice, such as federal prosecutors, Department of Justice officials, federal judges and elite corporate defense attorneys. Ultimately, several obstacles arose during the study, particularly when recruiting participants to gain a large enough sample size to conduct meaningful analysis. This resulted in smaller sample size but rich, in-depth data that achieved saturation among participants.

Practical implications

Several policy implications are identifiable. First, it appears that DPAs are a mainstay of white-collar crime prosecution. No participants advocate for their complete removal from the prosecution process. Participants highlight that DPAs occupy an essential middle-ground between dismissal and criminal charges. Without this mechanism, prosecution would be impeded, and holding corporate criminal actors liable would increasingly become formidable. Although it appears that the system cannot function without DPAs, several respondents emphasize that we must begin to hold individuals accountable alongside corporations. Another policy implication that a minority of participants mentioned within the study involves ensuring that our compliance monitoring system operates appropriately. A majority of participants note that the overarching stipulation that promotes structural change within an organization is adopting a functioning compliance monitoring system, thus, emphasizing the importance of this process operating smoothly and ethically. The selection of an independent compliance monitor may be problematic. For example, a former government compliance monitor notes that not all monitors are experts in the field they are overseeing. A pharmaceutical expert, for example, may be attempting to regulate an automotive organization, which may present unique challenges. An agency of federal professionals dedicated to supervising specific industries such as automotive, pharmaceutical and financial would ensure that organizations are actually implementing the terms of the DPA.

Originality/value

Ultimately, the current research highlights the necessity of empirically studying the benefits and drawbacks of such agreements. Future research on the topic remains onerous due to the scarcity of a centralized database that contains extensive details of DPAs. The present study suggests that the verdict on DPAs is undecided, with more than half of the study's criminal justice professionals advocating for their continued and even increased use. However, about half of the participants, particularly academics, called attention to the agreements’ potential bias. The disagreement among participants is most contentious in the consideration of a DPA centralized database which would immensely aid future research and policy advancements.

Access Restricted. View access options
Article
Publication date: 7 July 2021

Michael Tomlinson, Hazel McCafferty, Andy Port, Nick Maguire, Alexandra E. Zabelski, Andreea Butnaru, Megan Charles and Sarah Kirby

This article provides empirical validation of the Graduate Capital Model, adopted at a UK Russell Group University as a tool to analyse and support the career preparedness of both…

3485

Abstract

Purpose

This article provides empirical validation of the Graduate Capital Model, adopted at a UK Russell Group University as a tool to analyse and support the career preparedness of both undergraduates and postgraduate students. An overview of employability capitals and how the development of these will potentially result in positive employment outcomes is explored. We describe the development of a psychometric tool “the Graduate Capital Scale” that seeks to operationalize these capitals. We then draw on data to establish the factor structure, reliability and validity of the tool.

Design/methodology/approach

This paper introduces a new psychometric instrument, called the “Graduate Capital Scale”; this self-reflective tool aligns closely with the five capitals within the Graduate Capital Model (Tomlinson, 2017) and has been designed for higher education students to self-assess their confidence in transitioning to the graduate labour market.

Findings

Based on a sample of 1,501 students across data collection waves, the findings from the psychometric scale show good factor reliability and validity for the constructs central to the overarching Graduate Capital Model. Within each of the component of the model, high factors loading emerged for a range of scale items, including subject-related skills, social networking, perceived job market fit and engagement with extra-curricula activities. Few gender differences emerged across the constructs.

Research limitations/implications

The research was confined to a specific English university comprised of mainly academically high-achieving and higher socio-economic students. However, there is significant scope for the model and related scale tool to be applied to diverse student groups given its wholistic nature.

Practical implications

The scale has considerable potential to be incorporated into careers practices and also embedded into course programmes as it aligns with a range of related learning outcomes. There is significant scope for this approach to complement a range of pedagogical and practical career interventions, including: self-reflective tools within tutorials; measures of learning gain for specific interventions such as careers coaching and mentoring; and as a personal reflective tool in careers guidance.

Social implications

The approach developed through this employability tool has scope to be used for diverse graduate groups, including those with lower levels of career confidence, preparedness and insight and including those from lower socio-economic backgrounds.

Originality/value

This paper has introduced and demonstrated the validity of a practical careers and employability development tool that has significant practical applicability for students, graduates and practitioners. Moreover, this scale supports a pre-existing conceptually driven model and has demonstrated a clear alignment between theory and practice in the area of graduate employability.

Details

Journal of Applied Research in Higher Education, vol. 14 no. 3
Type: Research Article
ISSN: 2050-7003

Keywords

Access Restricted. View access options
Book part
Publication date: 20 October 2022

Megan Johnson

It is easy to imagine some monstrous other embodying the unknown that is under one's bed, but hardly anyone imagines that the monster is the one tucking you into bed. The one you…

Abstract

It is easy to imagine some monstrous other embodying the unknown that is under one's bed, but hardly anyone imagines that the monster is the one tucking you into bed. The one you call mom. Departing from Cristina Santos's work, in this chapter, I will be examining the role of ‘pre-social’ news media (pre-Instagram, Twitter, Facebook, etc.) in depicting the ‘monstrous mother’, the mother who kills her own children. The television news medium holds large potential for the construction and maintenance of stagnant hegemonic values. Women, predominately mothers, continue to be characterised in media as nurturing, gentle and comforting. With a strategic absence of discourses surrounding the ‘monstrous mother’ in the early 2000 news media, it is important to consider the ways these mothers are constructed when these sweet caretakers turn into murderous villains. By examining the cases of Patsy Ramsey and Casey Anthony, I will be discussing how their stories were presented in the media as doubly monstrous, since they both committed crimes that contradict the expected role of a mother. Regardless of the time gap between these cases, ultimately, until ideas about women, women's bodies and women's roles change, women and mothers will continue to face constant scrutiny as media reflects current beliefs, ultimately allowing women and mothers to be equated with the monster.

Details

Interdisciplinary Essays on Monsters and the Monstrous
Type: Book
ISBN: 978-1-80117-027-7

Keywords

Available. Content available
Book part
Publication date: 20 November 2023

Ada T. Cenkci, Megan S. Downing, Tuba Bircan and Karen Perham-Lippman

Abstract

Details

Overcoming Workplace Loneliness
Type: Book
ISBN: 978-1-80382-502-1

Access Restricted. View access options
Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

11815

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

Available. Content available
Book part
Publication date: 29 October 2012

Abstract

Details

Disasters, Hazards and Law
Type: Book
ISBN: 978-1-78052-914-1

Available. Content available
Book part
Publication date: 15 November 2017

Abstract

Details

Service-Learning
Type: Book
ISBN: 978-1-78714-185-8

1 – 10 of 35
Per page
102050