Privacy: The Case Of Melky Cabrera And Bartolo Colon

Module 3 Case Study

Privacy is a topic that is now on the hot plate more than ever. With the U.S. government’s recent violations in the name of national security many are starting to ask where the line is. There is a reasonable expectation of privacy as we go about our daily lives. From work to personal time, we each expect a certain amount of privacy. Employees expect to give up some of this privacy while in the work place to meet their obligations. Examples of such would be fewer phone calls and less social time to allow for a higher production yield. Companies however, believe they are within their right to control what their employees do outside of work as well. Especially if these actions have an effect on the company’s production, safety and reputation.
In the case of Melky Cabrera and Bartolo Colon’s drug usage during their baseball season, I believe the suspensions were appropriate for their actions. The $8 million contract Cabrera has, as well as Colon’s $3 million contract set clear expectations from their employers and Major League Baseball (MLB). The MLB’s drug use expectations are disclosed to the players before signing their
contracts. In 2006, the MLB established an agreement with the MLB Player’s association with a goal to deter and end use of banned substances. The result was the Joint Drug Prevention and Treatment Program. It aims to reduce drug usage and to “provide for… an orderly systematic, and cooperative resolution of any disputes that may arise concerning the existence, interpretation, or application” of the policy itself. In it, it lists comprehensively all the illegal and banned substances from cocaine to testosterone. It further goes to elaborate on rehabilitation measures to help players, as well as, suspension terms and consequences for violations of this policy. The MLB has established these strict policies for the greater good of its players, fans and of the sport itself. This utilitarian approach is clear in its goals. It aims to provide an enjoyable sport for players to perform and fans to attend. Although the drugs used by Cabrera and Colon had no effect on the crowd, they did give them an unfair advantage over their teammates and opponents who were following the rules. Their neglect for the drug policy in general is a violation of other players’ right to an equal playing field. Additionally, had they gone unpunished, what other drugs on the banned substance list could be shrugged off. Steroids? Marijuana? Cocaine? Privacy rights become blurred when we ask how far a company or employer is allowed to go before he is invading a person’s rights.
Prima facie reasoning states that a person’s actions outside the workplace are within their privacy rights. However, organizations claim that if these actions have an effect on the company that it is within the company’s rights to scrutinize the employee’s actions. This includes medication and drug usage. These companies are within their rights to maintain a productive business and to ensure their employees are helping meet that goal. A solution to prevent employees’ rights from being violated is to establish these clear expectations and obligations before employment and pay has begun. Such was the action the MLB took when establishing the Joint Drug Prevention and Treatment
Program.
Cabrera and Colon’s right to physical privacy is limited by the MLBs duty to provide a fair game. All players have the same set of rules and the same expectations for them from their employers and their fans. In agreeing to accept their multimillion dollar contracts, they accept the rules and regulations they must now live by. This includes adhering to the drug policy regardless of whether or not the drug is legal for purchase, such as the testosterone used in this case. The fans have no inherent right to a fun game. That does not mean the expectation for entertainment is not there. The cost of a dugout ticket behind the Yankees has gone from $4 in 1972 to $788.50 this season. In 2012 alone, the MLB revenue was 6.8 Billion dollars. Fans are devout to the sport and bring their expectations with them to the games. When a player violates policies and rules, they neglect their duty to meet their contractual obligations, and can disappoint fans. In conclusion, their individual privacy rights were not violated as these are rules that apply to all players. The MLB suspension system is clearly defined and disclosed in a manner that the players are fully aware of the consequences for their actions. Additionally, unlike in a court, the sentence for violations is clearly defined and is equal across the board regardless of who the player is. The fifty game first offense suspension they received is in line with this policy. This term may sound long, until you realize it is only one third of the 162 game season. A slap on the wrist for first offenders. Repeat offenders however, face double the penalty. Very aptly, third time offenders, receive a lifetime ban from the MLB. Three strikes and you’re out.

References
Melky Cabrera Stats (2013). Retrieved September 23, 2013 from ESPN website: http://espn.go.com/mlb/player/_/id/6347/melky-cabrera
Bartolo Colon Stats (2013). Retrieved September 23, 2013 from ESPN website: http://espn.go.com/mlb/player/_/id/3602/bartolo-colon
Schmidt, M. S. (2013) Baseball to expand drug-testing program. Retrieved September 23, 2013 from The New York Times website: http://www.nytimes.com/2013/01/11/sports/baseball/baseball-and-union-agree-to-in-season-blood-testing-for-hgh.html?emc=na&_r=0
Major League Baseball’s Joint Drug Prevention and Treatment Program (2006). Retrieved September 23, 2013 from MLB website: http://mlbplayers.mlb.com/pa/pdf/jda.pdf
Ozonian, M. (2013). The Business of Baseball 2012. Forbes Magazine website. Retrieved on September 23, 2013 from: http://www.forbes.com/sites/mikeozanian/2012/03/21/the-business-of-baseball-2012/