Law The Conscientious Employee Protection Act

Law The Conscientious Employee Protection Act

Review and respond to the following questions from the text:

Question 7 (p. 62): In 1986, responding to the Pierce decision of its Supreme Court, the New Jersey legislature adopted The Conscientious Employee Protection Act, shielding from retaliation employees who object to, or refuse to participate in, “any activity, policy or practice which the employee reasonably believes to be incompatible with a clear mandate of public policy concerning the public health, safety or welfare.”

• What would have been the likely outcome had Dr. Pierce sued under this [CEPA] law?
• Does the element of this CEPA law requiring that “the employee reasonably believes” state a subjective standard or an objective standard? Explain.
• Does the element of this CEPA law make it easier for an employee to blow the whistle?
• What ethical theory(ies) would support an employee’s decision to blow the whistle?

Ethical theories:

1. Free Market Ethics
2. Utilitarianism
3. Deontology
4. Virtue Ethics
5. Ethic of Care