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Business Ethics & Professional Responsibility

Dr. Ali Sajid


alisajid61@yahoo.com www.alisajid.com

Corporate Culture
First step in Evolution of Ethics is a sense of solidarity with other human beings."
Albert Schweitzer, early 20thcentury German Nobel Peace Prize-winning mission doctor and theologian

Self-actualized people are independent of the good opinion of others.


- Wayne Dyer

The greatest discovery of our generation is that a human being can alter his life by altering his attitudes.
- William James

Action

Logic will not change an emotion, but action will.

The difference between a successful person and others is not a Lack of Strength, not a Lack of Knowledge, but rather in a Lack of Will.

In order to be big, you have to think big. If you think small, you're going to be small.
- Emeril Lagasse

Believe
If you do not believe in yourself ... chances are nobody else will.

To be conscious that you are ignorant is a great step to knowledge.


- Benjamin Disraeli

The difference between a mountain and a molehill is your perspective.


- Al Neuharth

Being broke is a temporary situation. Being poor is a state of mind.


- Mike Todd Hastey kay fareeb main mut aa jouyio asad Alam Tumam halqa dam I Khal haain

If you have your sight, you are blessed. If you have insight, you are a thousand times blessed.

12

Dont be afraid to lose money to satisfy Internal & External customer or sponsor a in Your Org. Short-term Losses can equal Long-term Gains.

Wisdom Through Honesty in HRM

Honesty is First Chapter in the Book of Wisdom


- Thomas Jefferson

Truth & Proj Mgmt

You cannot change the truth, but truth can change you
- Anonymous

The quality of a person's life is in direct proportion to his commitment to excellence, regardless of their chosen field of endeavor.

16

Never to suffer would never to have been blessed.


Edgar Allan Poe (1809 - 1849)

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Although the world is full of suffering, it is full also of the overcoming of it.
Helen Keller (1880 - 1968)

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To do right is wonderful. To teach others to do right is even more wonderful and much easier.
- Mark Twain
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Self-pity is our worst enemy & if we yield to it, we can never do anything wise in this world
- Helen Keller
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To be prepared is half the victory.


Miguel de Cervantes Saavedra
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Treat people as if they were what they ought to be, & you help them to become what they are capable of being
- Johann Wolfgang von Goethe
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The race is not always to the swift... but to those who keep on running.
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Actions

Action may not always bring

happiness,
but there is

no happiness
without Action
- Benjamin Disraeli
24

Setting an example is not the main means of influencing others, it is the only means.
- Albert Einstein
25

"We cannot solve our problems with the same level of thinking that created them.
(Albert Einstein)

"The true voyage of discovery lies not in seeking new landscapes, but in having new eyes."

The mind of the superior man is conversant with righteousness; the mind of the mean man is conversant with gain. -Confucius

Start viewing the probable as possible. You'll be surprised at what you can accomplish.

The best & most beautiful things in the world cannot be seen or even touched. They must be felt with the heart.

Self-actualized people are independent of the good opinion of others.


- Wayne Dyer

The greatest discovery of our generation is that a human being can alter his life by altering his attitudes.
- William James

Nature present us with an infinite variety of Attitudes from gloomy mist to glorious sunshine. Our own moods, whether gloomy or bright, radiate to those around us.

We may affirm absolutely that nothing great in the world has ever been accomplished without passion.
- George Hegel

Two Parts of Empathy: Skill (tip of iceberg) & Attitude (mass of the iceberg).

Eighty percent of success is related to ATTITUDE rather than competency.

Attitude

Your attitude determines your altitude.

Pride is a personal commitment; it is an attitude which separates excellence from mediocrity.

Attitude is a little thing that makes a big difference.

Action

Logic will not Change an emotion, but action will.

The difference between a successful person and others is not a Lack of Strength, not a Lack of Knowledge, but rather in a Lack of Will.

Passion
We may affirm absolutely that nothing great in the world has been accomplished without passion.
- Georg Wilhelm Friedrich Hegel

To be conscious that you are ignorant is a great step to knowledge.


- Benjamin Disraeli

The difference between a mountain and a molehill is your perspective.


- Al Neuharth

"When you are thirsty, It's too late to dig a Well.


(Japanese Proverb.)

s (Thomas Alva Edison quotes 1847-1931) Banthay haan marey kargayia fakar maain anjum

Good fortune is what happens when Opportunity meets with Planning

He who fails to Plan, Plan to fails

"Better go home & make a net, rather than dive for fish at random."
(Chinese proverb)

Ethical Decision-Making: Employer Responsibilities and Employee Rights

6-48

We can invest all the money on wall street in new technologies, but we cant realize the benefits of improved productivity until companies rediscover the value of human loyalty.
Frederick Reichheld
1449

Ethics and Fair Treatment at Work Thru HR Dept


Ethics
The principles of conduct governing an individual or a group; specifically, the standards you use to decide what your conduct should be. Ethical behavior depends on the persons frame of reference.

1450

Ethics
''To argue, in the manner of Machiavelli, that there is one rule for business and another for private life, Is to open the door to an orgy of unscrupulousness before which the mind recoils.
R. H. Tawney, the British historian '

Ethics
There is no such thing as business ethics - only ethics.
Truett Cathy, founder of Chick-filA

Ethics
Duty-Based v. Outcome-Based Ethics
Duty (Deontology)
Duty is an act done simply for the sake of what is right. Duty is determined by revealed truths and involves universal principles Often religion-based e.g. Kants Categorical Imperative "Everyone is obligated to act only in ways that respect the intrinsic value, human dignity and moral rights of all persons." Places High Value on Individual Rights

Outcome
Ethical if best outcome for the majority Involves cost-benefit analysis "Of any two actions, the most ethical one is that which will produce the greatest balance of benefits over harms." De-emphasizes individual rights

Ethics
Strategic v. Real Ethics
What is the motivation/purpose for acting ethically? Pertol Prices in Pakistan Vs Kamran Lashri & OGDCL MD Pay to Flood Victims before Eid Tony Blair Son Vs Monis Pervaiz Elahi Sait Abid, Malik Riaz of Bahria Town Vs Abdul Ali Khan of Aitchsion College Ramzan Price Hike Vs Roza

Unethical Behavior
Unethical behavior in business is not just a recent phenomenon
In the sixth century, B.C., the philosopher Anacharsis once said,

The market is a place set apart where men may deceive one another.

Business Ethics
Business Ethics is about:
Decision-Making By People in Business According to Moral Principles or Standards

Decision-Making
Conflicting duties, loyalties or interests create moral dilemmas requiring decisions to be made

Decision-Making
Ethical decision-making involves the ability to discern right from wrong along with the commitment to do what is right.

Decision-Making
Some factors affecting decision-making (from Integrity Management, by D. T. LeClair et al, Univ. of Tampa Press, 1998): Issue Intensity (i.e. how important does the decision-maker perceive the issue to be? Can be influenced by company/management emphasis) Decision-Makers Personal Moral Philosophy Decision-Makers Stage of Moral Development Organizational Culture

Decision-Making
8 Steps to Sound, Ethical Decision-Making
1. Gather as many relevant & material facts as circumstances permit. 2. Identify the relevant ethical issues (consider alt. viewpoints) 3. Identify, weigh & prioritize all the affected parties (i.e. stakeholders) 4. Identify your existing commitments/obligations. 5. Identify various courses of action (dare to think creatively) 6. Identify the possible/probable consequences of same (both short & long-term) 7. Consider the practicality of same. 8. Consider the dictates and impacts upon your character & integrity.

Decision-Making
Disclosure Test: How comfortable would I feel if others, whose opinion of me I value, knew I was making this decision?

Decision-Making
The higher the level of a decision-maker
the greater the impact of the decision and the wider the range of constituencies that will be affected by the decision.

By People In Business
The moral foundation of the decision-maker matters
He doeS have a moral compass. Whistleblower Sherron
Watkins describing Andrew Fastow, former CFO of Enron. (Watkins gets frank about days at Enron, Edward Iwata, USA Today, March 25, 2003, p. 3B.)

By People in Business
Ultimately, one's own motivation for ethical behavior must be internal to be effective. External motivation has a limited value -- punishment and fear is only effective in the short-run. If people believe that they are above the law, they will continue to act unethically. Organizations that have a clear vision, and support individual integrity are attractive places of employment.
Teri D. Egan, Ph.d, Associate Professor, The Graziadio School of Business at Pepperdine University, Corporate Ethics, Washington Post Live Online, Friday, Aug. 2, 2002;

Ethics
Values: guiding constructs or ideas, representing deeply held generalized behaviors, which are considered by the holder, to be of great significance.
Morals: a system or set of beliefs or principles, based on values, which constitute an individual or groups perception of human duty, and therefore which act as an influence or control over their behavior. Morals are typically concerned with behaviors that have potentially serious consequences or profound impacts. The word morals is derived from the Latin mores (character, custom or habit) Ethics: the study and assessment of morals. The word "ethics" is derived from the Greek word, ethos (character or custom).

Morality
The most important human endeavor is the striving for morality in our actions. Our inner balance and even our very existence depend on it. Only morality in our actions can give beauty and dignity to life.
- Albert Einstein (in a letter 11/20/50)

Morality
The historian Arnold Toynbee observed

"Out of 21 notable civilizations, 19 perished not by conquest from without but by moral decay from within."

Absolutism vs. Relativism


Ethical Absolutism: What is right or wrong is consistent in all places or circumstances. There are universally valid moral principles. ( only by obedience to universal moral norms does man find full confirmation of his personal uniqueness and the possibility of authentic moral growth.
- Pope John Paul II, see also Rom. 12:2; Heb. 13:8)

History is a voice forever sounding across the centuries the laws of the right and wrong. Opinions alter, manners change, creeds rise and fall, but the moral law is written on the tablets of eternity. James A. Forude

Absolutism vs. Relativism


Ethical Relativism (also called Situational Ethics): What is right or wrong varies according to the individual/society/culture or set of circumstances. There are no universally valid moral principles.
(Related reference "everyone did what was right in his own eyes" (Deut. 12:8, Judges 17:6; 21:25) (see also Isa. 5:20 & 24, Jer. 2:13, Rom. 1:18-32, 1 Cor. 5:6-7, 2 Cor. 6:14-15, 1 John 1:

8)

Values
To ensure that employees can and will act with integrity organizations need a strong and consistent set of values that dictate appropriate individual actions.
Conclusion of study conducted by Professor Pratima Bansal, cited in Rebuilding trust, The integral role of leadership in fostering values, honesty and vision,by Carol Stephenson in the Ivey Business Journal, Jan/Feb. 2004, Vol. 68, Issue 3.

Values
Without commonly shared and widely entrenched moral values and obligations, neither the law, nor democratic government, nor even the market economy will function properly.(Vaclav Havel Politics, morality, and Civility, Summer Meditations)

Values Navigating the complexities of a situation ... requires a reliable compass. We can plot that "north" by determining clearly our own core values We have to identify -& articulate What we believe is important to us and to our companies.

Values

What are the core values that are fundamental to the success of any individual or organization? make them different in Ethical Practices

Values
Honesty Respect Responsibility Fairness Compassion Perseverance Courage

Our core values drive our behaviors, & our behaviors tell world, who we are and what we stand for. .. Identifying and adhering to a Core-Values Compass point provides a standard that will make decisions easier, consistent and justified.
- Parkinson, J. Robert, Thinking clearly, remembering values key to making the call, Milwaukee Journal Sentinel, March 22, 2004.

Values - Honesty
Honesty Being straightforward, sincere, truthful, free of fraud, deception or misrepresentation. Transparency To be open, honest and available, to provide clear, accurate, and understandable information (in the context of financial disclosures). Ethical business practices Best measured by a company's Character and Commitment to Transparency than by their Social Vision.

Values - Honesty
Honesty
Builds/Maintains Trust Fosters Community Makes Communication more Efficient & Effective Demonstrates Respect for the Dignity of Others

Values - Honesty
Moral Leaders welcome Transparency & Truth as opposed to Secrecy & Deception. In a Ethical leadership survey, Majority by a wide margin, cited Honesty as the quality most admired in a leader.

Values - Honesty

Honesty & Transparency make you Vulnerable. Be honest & Transparent anyway.
Mother Teresa
Contra: "Speech was given to man to disguise his thoughts." - Charles-Maurice de Talleyrand

Values - Respect
To give particular attention to, show consideration for, or hold in high or special regard
Online Dictionary, 10th Edition)

(Merriam-Webster's

Should respect be given or must respect be earned?

Values - Respect
Every man is to be respected as an absolute end in himself; and it is a crime against the dignity that belongs to him as a human being, to use him as a mere means for some external purpose.
Immanuel Kant, Prussian geographer and philosopher (1724-1804)

Values - Respect - Tolerance?


What about tolerance?

Values - Respect - Tolerance?


"Our culture has fallen into a kind of moral vertigo We value tolerance so much that we don't know how to talk to each other about what is right and good
Kevin Phillips, Director of the Business Leadership and Spirituality Network (BLSN) quoted in Competing Values, by Jane Lampman, Christian Science Monitor, August 1, 2002.

Values - Compassion
Sympathetic consciousness of another's distress together with a desire to alleviate it"
(Webster's 7th New Collegiate Dictionary],

Fellow feeling, the emotion of caring concern; the opposite of cruelty,


Hebrew rahamanut, from word rehem, 'womb', based on the idea of sibling love (coming from from the same womb).

Values - Compassion
Word 'care' finds its roots in Gothic 'Kara' which means lament. Basic meaning of care is: To grieve, to experience sorrow, to cry out with.. . . A friend who cares makes it clear that whatever happens in external world, being present to each other [now] is what really matters."
[Henri Nouwen, Here and Now, p. 105]

Values - Compassion
Southwest Airlines CEO Herb Kelleher has openly demonstrated a willingness to go the extra mile for Southwest employees. He has made it a priority to learn their names and to chip in and work alongside them when the situation has demanded his help. He has been observed lugging baggage and greeting customers in an Easter Bunny costume. He has repeatedly demonstrated a truly exceptional level of caring and compassion for his employees, and his employees have responded in kind. Perhaps the most dramatic example of their commitment to their beloved leader occurred when they pooled their own money and ran a $60,000 ad in USA Today recognizing him on Bosses Day. In the ad they thanked Kelleher for being a friend, not just a boss. - from The
Leadership Wisdom of Jesus, Charles C. Manz, 1998.

Values - Fairness
Fair: just, equitable, impartial, unbiased, objective. Involves Elimination (or at least a minimization) of one's own feelings, prejudices and desires, so as to achieve a proper balance of conflicting interests. Equitable Distribution of Burdens & Benefits. Rules are fair if they are rules that People operating under them would have agreed to, had they been given an opportunity to accept or reject them before hand.
(John Rawls argues in A Theory of Justice )

Values - Fairness
Justice: demonstrating fairness, equity, impartiality, righteous action To some, justice is about conformity to truth. To others, its about conformity to law But law and justice are 2 different concepts.

The law is something we must live with. Justice is somewhat harder to come by.
Sherlock Holmes, in The Case of the Red Circle.

Justice occurs on earth when power and authority between people are exercised in conformity with Gods standards of moral excellence.
- Gary Haugen, in The Good News About Injustice, InterVarsity Press, 1999.

Values - Perseverance
Perseverance/Fortitude Steadfast determination to continue on despite adversity usually over a long period of time.
Hawa hay tund o taiz mugar Chraig apany jala raha Woo murd a durwais gisko haq nay dayian

haiaan andaz akhusrawarna

Iqbal

First place to start is for every individual to become aware of their Core Values &To have: Courage & Discipline to live out of them in all aspects of their lives.
(The rising tide won't lift this economy: Unless we're willing to confront the trust problem we've helped to create, Bill Grace, Founder & Executive Director, Seattle's Center for Ethical Leadership, Guest Columnist, Seattle Post-Intelligencer, June 16, 2003.)

Values - Courage

Banda a momin ka dil baeem o raya say pak hayIqbal Wahi haa sahib imroz gis nay apni humat say. Iqbal

Values - Courage
Courage is a perfect sensibility of the measure of danger and a mental willingness to endure it.
General William T. Sherman (for whom the Sherman tank was named).

Courage is being scared to death . . . and saddling up anyway.


John Wayne

Corporate Culture
Both individuals and organizations hold values A corporation is said to manifest its values in its corporate culture Most employees take their cues from the company culture and behave accordingly.

A Business derives its Character from the character of the People who conduct the Business.

Ricky W. Griffin, Management, Boston: Houghton Mifflin Company (2002)

Corporate culture is How we perceive, think, feel and do things around here.
Elizabeth Kiss of the Kenan Institute for Ethics

Corporate culture is loosely defined as the a ttitudes, behaviors and personalities that make up a company and that shape its behavior and reputation

Corporate Culture
"Moral behavior is concerned primarily with interpersonal dimension of our behavior: how we treat one another individually and in groups, increasingly, other species and the environment." Key -Morality brings us into contact with others & asks us to consider the Quality of that contact.
Quote from The Leadership Compass, John Wilcox and Susan Ebbs, as quoted in Everyday Ethics, by Thomas Shanks, S.J., Markkula Center for Applied Ethics.

Corporate Culture
The Pressure to Conform
Some years ago, a social scientist named Solomon Asch wanted to see how people dealt with social pressure so he designed an experiment to measure the results. He came up with a simple test that showed a series of lines on a board in front of the room, with one of the lines matching another in being the same length. The others were either much shorter or much longer. A person was brought into the room, along with others in a group, which unbeknown to the subject, were helpers to the professor. The whole group was asked to match the two lines that were the same length together. The helpers intentionally gave the wrong answer and it was found that in almost 75% of the time, the subjects would go along with the wrong answer, knowing full well it was wrong, but not wanting to stand out. - Opinion and Social
Pressure, Scientific American, Nov. 1955, 31-35.

Corporate Culture
A strong corporate culture founded on ethical principles and sound values is a vital driving force behind strategic success. - Thompson & Strickland One company stressed its commitment to RICE : respect, integrity, communication, and excellence. The words have been on T-shirts, paperweights, and on signs. The firm printed a 61-page booklet with its code of ethics and every employee had to sign a certificate of compliance. That company was Enron!

According to Ethical or Moral, Values, Principles or Standards

Whose Values?

According to Ethical or Moral, Values, Principles or Standards


Personal Family Peers Religious Company Community, Regional, National, International

According to Ethical or Moral, Values, Principles or Standards


Learned Where?

According to Moral Principles or Standards


Martin Luther King, Jr. once noted, " The most dangerous criminal may be the man gifted with reason but with no morals."

Integrity: from the Latin integritas, meaning wholeness, completeness, or purity. To courageously hold to what one believes is right and true, without compromise. To stand undivided, immovable, consistent in both heart and action, word and deed. Involves the maintenance of virtue & pursuit of moral excellence.

Integrity is demonstrated by not only espousing your values, but by living according to them. Integrity describes both who you are and what you do. People of integrity are conscientious, trustworthy, accountable, committed and consistent. A key to maintaining integrity is counting the cost before committing yourself.

Integrity
Psychologists have found integrity to be essential to an individual's sense of identity and self-worth, enabling the successful navigation of change and challenge. Links between integrity & ability to gain and maintain the trust of others have often been noted.

Many purveyors of practical advice, counseled that integrity is the cornerstone No Qualities [are] so likely to make a poor Man's Fortune as those of Probity & Integrity

(quoted in Beebe, 1992, p. 8) - from Blackwells Encyclopedic Dictionary of Business Ethics.

Integrity
In Living a Life That Matters Harold Kushner describes kind of people who are able to overcome the negativity in their lives. People who are whole, united within themselves, their internal conflicts ended. Because of this, they are Persons of integrity. Integrity, is a quality just as essential to human wellbeing as is the pursuit of peace and justice.

Character
The notable/ conspicuous/ distinguishing moral/ethical traits or characteristics of a person that give evidence of their essential nature and which ultimately shape their reputation.

Character
"Fame is a vapor, popularity an accident, riches take wings, those who cheer today may curse tomorrow, only one thing endures -- character. President Harry Truman

Is Ethical Behavior Good for Business?


Reputation Management A reputation for integrity enhances customer loyalty (e.g. Johnson & Johnson Tylenol Case) Conversely, damage to a company's reputation can mean a sharp and often irreversible

Loss of market share.

Is Ethical Behavior Good for Business?


Social Capital Experts say Most people forgive mistakes made by leaders who have both conviction and a good heart.
Del Jones, Leadership lessons from the Reagan years, USA Today, June 11, 2004, p.6B.

Is Ethical Behavior Good for Business?


Decreases Costs Though initiating & ethics program sometimes involves significant upfront costs, it generally helps to avoid other larger costs later.

Is Ethical Behavior Good for Business?


Encourages Investment 77% of Canadians are most likely to invest in, 81% to purchase from, and 79% to work for companies they view as socially responsible.
(A Conference Board of Canada poll revealed)

Is Ethical Behavior Good for Business?


"The successful entrepreneur must know how to glide over every moral restraint with almost childlike regard.. and have besides other positive qualities, no scruples whatsoever, be ready to kill off thousands of victims -- without a murmur. - John D. Rockefeller.

Is Ethical Behavior Good for Business?


Some Costs of Ethical Misconduct
Public/Interest Group/NGO disgrace/scandal/ostracism/repudiation/protests Litigation/Prosecution Decreased Employee Morale/Loyalty/Commitment/Performance/Productivity Loss of Business/Profits Loss of Customer/Supplier/Partner, Trust/Goodwill/Loyalty

Is Ethical Behavior Good for Business?


Some Additional Costs of Ethical Misconduct
Loss of Social/Reputation Capital/Goodwill (i.e. the willingness of stakeholders to overlook failings) Shaken public confidence in company and in capital markets Layoffs Loss of Investments/Pensions Increased Government Scrutiny/Regulation Environmental/Health Damage

Is Ethical Behavior Good for Business?


Impact on the Bottom Line
Ethical Behavior Enhances profitability - Most academic studies support the conclusion that ethical behavior and profitability go hand in hand

Is Ethical Behavior Good for Business?


An investment of $1,000 ten years ago in each of ten companies highly regarded for ethical behavior (G.E., Coca-Cola, Hewlett-Packard, Microsoft, Intel, Southwest Airlines,
Berkshire Hathaway, Disney, Johnson & Johnson, and Merck)

would have resulted in a return nearly three times as much as an investment of $10,000 in the Standard & Poors 500 stock index. (Fortune)

Is Ethical Behavior Good for Business?


An exception: In response to numerous lawsuits, gun manufacturer, Smith & Wesson's former CEO Ed Shultz decided to start including locks on its handguns in March 2000. Although the decision was clearly ethical, customers especially the NRA) were unhappy with the change. Sales declined, employees were laid off In this case, the ethical decision did not have a positive financial impact on the firm. Nonetheless, despite jobs lost, lives may have been saved by the change in product design.

Causes of Failures in Business Ethics


Decreased Authority of Moral Standards Empty Gestures/Insincerity Situational Ethics/Moral Relativism/Expansion of Cultural Diversity Rapid Expansion and Decentralization of Control Company/Personal Immaturity Parties Perceived as Enemies or Not Worthy of Ethical Treatment/Moral Exclusion (e.g. Lying to the FBR, cancer causing products and other defective products dumped on 3rd world markets, Chinese Toys etc.) Narrow View of Stakeholders Failing to Count of Cost before committing to a particular course (see Luke 14:28-30) Lack of Owner Accountability/Spin Actual or Perceived Pressures Fixation on Results Speed/Carelessness Ethical Illiteracy Distractions

Causes of Failures in Business Ethics


Focus on Short Term Profits & Wrong Standards for Hiring
"If we select people principally for their charisma and their ability to drive up stock prices in the short term instead of their character, shower them with inordinate rewards," "why should we be surprised when they turn out to lack integrity?
Bill George, Former CEO Medtronic Corp. - in "Authentic Leadership: Rediscovering the Secrets to Creating Lasting Value," Jossey-Bass/Wiley, 2003.

The mind of the superior man is conversant with righteousness; the mind of the mean man is conversant with gain. -Confucius

Causes of Failures in Business Ethics


Emphasis on the Individual rights
Instead of conceiving of society as something established for the defense of individual rights, fair contracts, and due process of law, we are invited to see it in terms of the biblical vision. This way of living, thinking, and acting where autonomy and related rights take priority has seriously jeopardized the meaning and values of all institutions in our society. Detroit Archbishop Adam J. Maida, in a speech to Catholic judges including Rehnquist, Scalia, Kennedy, and O'Connor

Causes of Failures in Business Ethics


Self-Deception/Choosing Not to Know
Types
Tribalism, or the belief that the company is always right Legalism, the inability to imagine moral obligations beyond the law (Note: Kedoshim Tiyu is a requirement of a Jew not to just obey the
letter of the law but to obey the spirit of the law as well. Under Jewish law, it is entirely possible for a person to be 100% observant or all the law and yet be a Naval B'rshut HaTorah , that is, a repulsive, disgusting individual. One must go beyond the law, called Lifnim Mishurat HaDin, and embrace the ethical imperatives that are within it.

Moral Gamesmanship, the excusing of unethical practices by viewing business as "a game" and oneself as "a player Scientism, the elevation of science-including management science-to a position of unquestioned authority.
(see Corporate moral blindness not solved by typical ethics, by John Knapp, Emory Report, April 26, 1999, Volume 51, No. 29, http://www.emory.edu/EMORY_REPORT/erarchive/1999/April/erapril.26/4_26_99morals.html)

Causes of Failures in Business Ethics


Emotions
Arrogance "When men are most sure and arrogant they are commonly most mistaken, giving views to passion without that proper deliberation which alone can secure them from the grossest absurdities"
- David Hume quotes (Scottish philosopher, historian, economist and essayist. 1711-1776)

Causes of Failures in Business Ethics


Emotions
Blind Ambition Desperation Feeling of Invulnerability Flirting with the Edge Greed

Causes of Failures in Business Ethics


Is the Capitalist System or the Corporate Structure inherently Immoral or Amoral?

3 Theories of Social Responsibility


Classical Theory Stakeholder Theory Corporate Social Responsibility Theory (CSR)

Stakeholder Theory
Definition: The primary consideration in business decision-making is preserving/promoting the rights of stakeholders Takes into consideration the moral principle of mutual respect.

Stakeholder Theory
Goal: to maintain the benefits of the free market while minimizing the potential ethical problems created by capitalism (Phillips, Wharton School) Primary difference from Classical Theory: elevation of nonshareholding interests to the level of shareholder interests in formulating business strategy and policy.

Stakeholder Theory
Stakeholder: an individual or group, inside or outside the organization, who has a meaningful stake in its performance. Who are the stakeholders of a business? Narrow view vs. Wide View

Stakeholder Theory
Some Possible Stakeholders of a Business:
Customers Department/Employees Owners/Shareholders Creditors Suppliers Distributors Competitors

Stakeholder Theory
Some Additional Possible Stakeholders:
Local Community National Citizens Global Inhabitants Non-Human Life the Environment

Stakeholder Theory
Corporate citizenship: the extent to which a business meets its responsibilities, to its various stakeholders, or to society at large.

Stakeholder Theory
Problems with wider view?
Discourages Investment - Undermines/Dilutes shareholder property rights Interest Group Politics - Leads to waste and inefficiency

Corporate Social Responsibility Theory


Definition: A voluntary assumption of responsibilities, beyond the legal and economic, that take into account moral/ethical/socially desirable goals and outcomes. Concept originated in the 1950s and began to gain a significant following in the 1960s.

Corporate Social Responsibility Theory


Possible Examples Merck: moved to develop Mectizan, a drug that would treat river blindness, a disease that primarily affected the poor. Merck knew that it would cost millions to develop and that they would most likely not realize a direct profit from the effort. But this resulted in a public relations windfall!

Corporate Social Responsibility Theory


Intel: provides education in science & math in countries where it has plants.

Corporate Social Responsibility Theory


Citigroup: has provided significant funds to microcredit ventures.

Corporate Social Responsibility Theory


Man ought to regard himself, not as something separated and detached, but as a citizen of the world, a member of the vast commonwealth of nature to the interest of this great community, he ought at all times to be willing that his own little interest should be sacrificed. - Adam Smith

Corporate Social Responsibility Theory


Problems with CSR in general?
Dilutes the Business Purpose Viewed as fundamentally antagonistic to the Capitalist Enterprise Often influenced by simplistic political and social agendas

Corporate Social Responsibility Theory


Rain Forest Chic - Socially responsible image as a marketing tool, source of free, positive publicity (e.g. The Body Shop, both customers and franchisees attracted by progressive reputation)

Corporate Social Responsibility Theory


Anita Roddick/Body Shop
Supports various social causes (e.g.Save the Whales)

Corporate Social Responsibility Theory


Ben & Jerrys Fight global warming with Ice Cream Annual one world one heart festival Pint for a pint with International Red Cross

Limitations of Government Action

Punitive Nature: Laws & regulations are usually punitive rather than motivational Difficult to Enforce: Regulations sometimes difficult to enforce as the costs of conducting litigation are high Incompetence: Political appointees are sometimes not competent Failure to act in the Public Interest: Regulatory agency made earlier decisions allowing Enron to engage in certain accounting practices and exempting the energy-trading company from some federal requirements Non-compliance: Passing laws alone will not guarantee compliance. Ambiguity: Difficulty in reaching consensus, leading to ambiguity in legislation: leaving it subject to various interpretations (e.g. good faith) Unethical does not always = illegal: (Enrons worst sins seem to have been lawful.) Creates a False Sense of Security: Regulation creates a moral hazard. We don't understand finance, but it's regulated , so we're safe. Often Based on Inaccurate Assumptions: For example, the threat of longer sentence assumes rational risk/reward analysis but ignores emotional factors.

Limitations of Government Action


Jurisdictional limitations: Globalization has weakened the ability of government agencies to regulate business. Conflicts of Laws: e.g. Government Regulation = free trade barrier under WTO Reactive: Law is usually reactive and rarely proactive Tech Lag: Regulation lags behind knowledge/Technology in an industry (e.g. asbestos cancer causing effects). Inefficiency Defense: Compliance with government regulations makes production slower and more expensive. Slow Process in Creating: The legal process is slow. Regulatory process allows comment period and thus lobbying, misinformation, public campaigns, legal challenges. Ineffective Enforcement: Regulatory agencies understaffed and underfunded (by design?) Complexity: Generally accepted accounting principles consist of 144 standards, each requiring a volume of explication. Title 17 of the CFR, covering commodity and securities exchanges, is 2,330 pages long. Federal tax is 3,778 pages, with an additional 12,880 pages of regulations. There are plenty of places to hide!

Limitations of Government Action


Agency Capture: Regulated industries set out to "capture" their regulatory bodies.
e.g. J. Steven Griles, a former mining and oil industry lobbyist is now Deputy Secretary of the Interior, John Graham, the director of a White House office overseeing environmental regulation founded a Harvard think tank that produced studies questioning the need for many regulations, etc.

Limitations of Government Action


Effects of Lobbying/Propaganda: (e.g. Pinto Case)Auto industry powerful lobbyists still today (e.g. fuel efficiency standards) Enron helped by deregulation of energy industry a position they heavily lobbied for.
Over $5 billion a year spent by lobbyists in U.S. Lobbying budget in US greater than GDP of 57 nations Over 100 lobbyists per Member of Congress

Government Regulation of Business Ethics


Best Option: Combined Self & Government Regulation?

Government Regulation of Business Ethics


Other regulators: The market, industry associations (peer pressure), the media/public opinion (boycotts), Public Interest Groups /class action suits) Weakness: Approach based on confrontation. Pressure usually irregular & ad hoc in nature

Corruption/Bribery

Corruption/Bribery
Corruption exists in every country and is endemic to some, especially developing countries.
Africa: Corruption is perceived to be rampant in Cameroon, Kenya, Angola, Uganda, Madagascar and Nigeria. In Kenya, bribery costs the average citizen 20% of their income. In 2004, Kenyan President Kibaki launched a zero corruption initiative. (Unfortunately, his government was recently forced to resign due to, you guessed it, corruption). No African country was listed among the 25 least corrupt countries in the most recent Transparency International Survey (Botswana, which was rated as Africas least corrupt nation, tied for 29th overall).

Corruption/Bribery
Asia: Corruption is perceived to be rampant in Bangladesh and Indonesia. In Indonesia, it is estimated that 20% of business costs are bribes to bureaucrats. The Financial Times recently reported that deep corruption [in China] is corroding the exercise of state power. Falsified accounts used to cover up this corruption have the effect of rendering Chinas official statistics virtually meaningless.

Corruption/Bribery
Latin America: Corruption is perceived to be rampant in Paraguay. In Ecuador, it is estimated the government could pay off its foreign debt in five years if corruption was brought under control. In Argentina, corruption in the customs department defrauded the government out of $3 billion in revenues. Officials estimated that 30% of all imports were being under-billed and approximately $ 2.5 billion of goods were brought into the country labeled in transit to another country, thus illegally avoiding import taxes altogether.

Corruption/Bribery
In Albania, approximately one-third of potential profits are lost to bribe payments that amount to 8% of inventory turnover. German companies are estimated to pay an aggregate of over $ 3 billion a year in bribes to obtain business contracts abroad. In industrial countries 15 % of businesses were found to pay bribes, but in the former Soviet Union this figure jumped to over 60 %. In Kazakhstan typical bribe to win approval of a large construction contract is 15 to 20% of contract price.

Political Corruption/Bribery
In Mexico, suspicions surround the ability of Raul Salinas, the brother of former President Carlos Salinas, to amass a fortune of over $ 120 million while a public official. Two former presidents of South Korea were convicted of developing a fund of over $900 million while they were in office in the 1980s and 1990s. According to Transparency International, in 6 out of 10 countries, political parties were determined to be their nations most corrupt institutions.

Corruption/Bribery
1997 estimate by the World Bank placed the total about of bribery involved in international trade at $ 80 billion per year. A recent World Bank survey of 3,600 firms in 69 countries found that 40 % of businesses pay bribes.

Corruption/Bribery - Least Corrupt


According to a recent Transparency International Report, Finland was rated the world's cleanest business environment, followed by New Zealand, Denmark, Iceland, Singapore, Sweden and Switzerland. (Note Norway is somewhat farther back on the list)

Corruption/Bribery - Least Corrupt


What national characteristics might explain this?
Racial homogeneity? (But what about Japan & Korea?) Geographic Isolation? (Iceland, New Zealand, Singapore) Strict Rule of Law? (Singapore)

Corruption/Bribery
What sets Norway apart?
Oil
Recent Statoil bribery allegations, planned to funnel a $15 million bribe to an Iranian official in exchange for help with contracts Oil is considered a significant factor in Nigerian & Angolan corruption as well.

Corruption/Bribery
Where do we stand?
In the same study , the U.S. tied for 17th with Belgium and Ireland. It was perceived as more corrupt than Norway, Australia, the Netherlands, the U.K., Canada, Austria, Luxembourg, Germany and Honk Kong, but less corrupt than nations such as France, Spain, Japan, Israel, Italy, & Mexico .

Corruption/Bribery
Bribe - a payment of money, or something of value, to a party, with the intent to influence, or in exchange for special consideration, that is incompatible with the partys duties of office, position or role (Coarse Bribery that which affects a significant community interest)

Corruption/Bribery
Some examples of bribery
Corporate purchasing agents are often given "kickbacks" in order to make their purchases from a specific supplier. Tour operators may receive special unpublicized commissions or payment in kind or services, in order to include certain airlines, hotels, restaurants, and stores in their itinerary.

Corruption/Bribery
Civil servants in regulatory agencies, usually badly paid relative to the economic power they possess, may find it hard to refuse payment in exchange for waiving the regulations or to tailor specifications and contracts, to suit special groups or firms. (Note: In India most government officials & their families could probably not survive on their salaries alone.)

Corruption/Bribery

Corruption/Bribery
Motivations: Firms, pressure groups and citizens try to maximize their gains by paying bribes, while public officials try to maximize their illegal earnings and politicians their power and wealth.

Corruption/Bribery
Facilitating Payment - customary, local, incentive/grease payments or sweeteners intended to expedite performance. Usually made to low-level public officials to speed things along. Typically involves issuing licenses or permits, clearing goods through customs, etc. (In Italy, called bustarella. In Mexico, la mordida, the bite. In South Africa, dash. In the Middle/Near East, baaksheesh. In Germany, schimengeld. In France, douceur. (Ukraine adoption example)

Corruption/Bribery
The CEO of Unilever, the food and hygiene giant, insists Unilever does not pay bribes but it does pay "facilitating payments". "There are customary local things," he said. But they are only used where local custom and practice dictate in the 90+ countries in which Unilever operates. The idea is akin to tipping a waiter to get a better table, he said. He insisted that an overall code of conduct governs these matters, and bans the use of payments for unfair advantage although trusted local managers have leeway to interpret the rules according to local habits.

Corruption/Bribery
How do you distinguish between a bribe and a mere gift?
Its not always clear Secrecy is a defining characteristic of bribery/corruption. Gifts are generally made openly and often declared Bribes are often made using a middleman Gifts are usually given directly Bribes are usually of significant value Gifts are typically of minimal value

Corruption/Bribery
How do you distinguish between a bribe and a mere gift? Consider the social situation and context Consider perceptions of donor and recipient important Consider whether or not a quid pro quo is understood to be expected

Corruption/Bribery
Bribery commonly occurs in:
Large investment projects Government Purchasing Extra-Budgetary Activities (Special Projects)

Corruption/Bribery
Reasons/Excuses for Participation in Bribery
Competitive necessity Respect for local cultural norms Extortion Inability or unwillingness to control rogue employees/delegation of power

Problems with Corruption/Bribery


Distorts otherwise sound, reasoned judgment Creates partiality Often shifts government spending away from vital functions such as education and public health, and into projects where public officials can more easily extract bribes. (e.g. White Elephant Projects, Pork Barrel Spending, The Big Dig, etc.) Disincentive to invest (Less security, lower return) Bribery adds to the cost of goods, fueling inflation. Inhibits fair and efficient markets, e.g. bribes are sometimes paid in order to keep a competitor out of the market, by preventing it from receiving a license or winning a bid. When companies choose to rely on bribe payments to secure market position, they are less concerned about increasing operating efficiency, or developing new products, services and technologies.

Problems with Corruption/Bribery


Can lower the quality of public goods and services and even threaten safety (e.g. Turkish apartments that collapse, African bridges without connecting roads) Undermines public confidence in democracy - e.g. in places like Argentina, Panama, Honduras, Guatemala, Nicaragua, Venezuela, Bolivia, Ecuador and Haiti. Opting to pay bribes damages company reputations and makes it difficult to say no later (the reverse of this is also true!)

Corruption/Bribery .
Governments are starting recognize and respond to the damage caused by bribery/corruption Why?
Lost revenues (taxes, duties, etc.)

Corruption/Bribery .
Globalization: The borderless global marketplace is bringing national economies and corporations throughout the world into increasingly greater interdependence. High profile cases (e.g. Lockheed/Japan, involved major companies as well as political figures and staggering sums of money. Paid $12.5 million in bribes for $430 million sales contract.)

Corruption/Bribery .
U.S. Foreign Corrupt Practices Act of 1997
Prohibits payments to a foreign official for the purpose of influencing
any act or decision or the omission of an act in violation of the law of that country to obtain or retain business

Implies intent Only liable for actions of 3rd party agents when have reason to know of Does not prohibit facilitating payments (Note that the Justice Dept. only brings on average 1.5 cases per year- Special Report: Bribery and Business, Economist, March 2, 2002, p.64 )

Corruption/Bribery .
At first, the rest of the world looked at it as a sad case of an American moralism or moralistic imperialism
If other nations not follow suit does this = a competitive disadvantage for U.S.?

Corruption/Bribery .
1996 Interamerican Treaty Against Corruption 1997 OECD treaty committing 34 countries to similar restrictions, in effect beginning in 1999.

Corruption/Bribery .
Other important anti-bribery initiatives have recently been launched by the World Bank, the International Monetary Fund, the European Union, the Council of Europe, the Organization of American States, the Pacific Basin Economic Council, the Global Coalition for Africa and the United Nations.

Corruption/Bribery .
Ghana, Mozambique, Zambia & South Africa have also launched anti-corruption drives..

Corruption/Bribery .
In addition, recent steps by President Vladimir Putin to introduce tax reforms and new laws fighting money-laundering in Russia But still high levels of bribery by firms from Russia, China, Taiwan and South Korea, Italy, Hong Kong, Malaysia, Japan, USA and France.

Corruption/Bribery .
Not much being done to address the demand side of bribery (i.e. extortion) RICO (Anti-Racketeering) Statutes in U.S.

Corruption/Bribery .
Reputation Management (Coca-Cola)
Coca-Cola is operational in many developing countries, is doing well, is beating competitors, and is not paying bribes. The company is thoughtful and painstaking about how it enters new markets, how it selects local business partners, and how it conducts itself in foreign countries.

Corruption/Bribery .
Integrity is key to its approaches.
Coca-Cola makes maximum effort to be transparent in its dealings, to win public support, and to develop the kind of strength -from its consumers and the public at large -that make top officials uneasy about seeking bribes from the beverage giant.

Corruption/Bribery .
The reality is that to maximize opportunities in the growing markets of developing countries, corporations must strive to be seen as honest, long-term, committed guests. Corporations must impress upon host governments, customers, suppliers, and the general public that they seek fair, open, long-term relationships.

Corruption/Bribery .
Coca-Cola trains its staff to learn about the traditions, politics, and values of the people in all of the countries in which it operates. It gives key responsibilities to nationals of these countries and ensures that its image is never that of a ruthless multinational colonialist corporation.

Corruption/Bribery .
Coca-Cola plays an active role in most of the countries in which it works, supporting education and the arts and social services in a long-term and genuine way. GE & Texaco also have developed a reputation of refusing to pay bribes.

Corruption/Bribery
Caux Roundtable Anti-Corruption Principles
1. Disclose publicly and make widely known its endorsement of the Anti-Corruption Measures. 2. Establish a clearly articulated written policy prohibiting any of the firms employees from paying or receiving bribes and kickbacks. 3. Implement the policy with due care and take appropriate disciplinary action against any employee discovered to have made payments in violation of the policy. 4. Provide training for employees to carry out the policy, and provide continuing support, such as help lines, to assist employees to act in compliance with the firms policy.

Corruption/Bribery
Caux Roundtable Anti-Corruption Principles
5. Record all transactions fully and fairly, in accordance with clearly stated record-keeping procedures and accounting controls, and conduct internal audits to assure that all payments made are proper. 6. Report annually on the firms bribery and corruption policy, along with a description of the firms experiences implementing and enforcing the policy. 7. Have the annual report in step six above audited either by an independent financial auditor or an independent social auditor, or both. 8. Require all agents of the firm to affirm that they have neither made nor will make any improper payments in any business venture or contract to which the firm is a party.

Corruption/Bribery
Caux Roundtable Anti-Corruption Principles
9. Require all suppliers of the firm to affirm that they have neither made nor will make any improper payments in any business venture or contract to which the firm is a party. 10. Establish a monitoring and auditing system to detect any improper payments made by the firms employees and agents. 11. Report publicly any solicitations for payments whenever such reporting will not lead to harsh reprisals of material consequences to the company or its employees (or report privately to a monitoring organization, such as Transparency International or a social auditor). 12. Establish a system to allow any employee or agent of the firm to report any improper payment without fear of retribution for their disclosures.

Accounting Principles
Accountants Duty of Care An accountant must possess the skills that an ordinarily prudent accountant would have and exercise the degree of care that an ordinarily prudent accountant would exercise.

Accounting Principles
The skills and care of an ordinarily prudent accountant are reflected in the: Generally accepted accounting principles (GAAP) promulgated by the Financial Accounting Standards Board (FASB), and the Generally accepted auditing standards (GAAS), promulgated by the American Institute of Certified Public Accountants (AICPA).

Accounting Principles
An accountant conforming to GAAP or GAAS, and acting in good faith, will normally not be held liable for incorrect judgments or for relying on incorrect information. On the other hand, a violation of GAAP or GAAS will be prima facie evidence of the accountants negligence, subject to the accountant clearly qualifying her opinion or disclaiming liability for particular errors.

Relativism
As R.H. Popkin describes relativism in his article on the subject in The Encyclopedia of Religion, views are to be evaluated relative to the societies or cultures in which they appear and are not to be judged true or false, or good or bad, based on some overall criterion but are to be assessed within the context in which they occur. Thus, what is right or good or true to one person or group, may not be considered so by others there are no absolute standards Man is the measure of all things (quoting the Greek philosopher Protagoras (481420, B.C.), and each man could be his own measure [Relativism] urges suspension of judgment about right and wrong. (Ellis Washington, Reply to Judge Richard A. Posner on the Inseparability of Law and Morality, Rutgers Journal of Law and Religion, Vol. 3)

Relativism
As Cardinal Joseph Ratzinger said, Relativism is presented as a position defined positively by the concepts of tolerance and knowledge through dialogue and freedom, concepts which would be limited if the existence of one valid truth for all were affirmed affirming that there is a binding and valid truth in history in the figure of Jesus Christ and the faith of the church is described as fundamentalism. Such fundamentalism, is presented in different ways as the fundamental threat emerging against the supreme good of modernity: i.e., tolerance and freedom. - Address to Congregation for the Doctrine of Faith, Guadalajara, Mexico, May 1996

Absolutism v. Relativism
The demise of Americas legal foundations occur when society rejects laws that are based on solid, irrevocable, moral, universal, absolute values, to a society that bases its laws on an arbitrary system of relativism, situational ethics, materialism, individualism, hedonism, paganism, or in any secularist ideology. This secularization of law has influenced all branches of knowledge law, philosophy, business, religion, medicine, education, science, the arts, and mass media. Harold Berman, The Interaction of Law and Religion 21 (1974).

Absolutism vs. Relativism


According to a recent poll of college seniors, 73% agreed with the statement that What is right or wrong depends on differences in individual values and cultural diversity. Only 25% agreed with the statement that There are clear and uniform standards of right and wrong by which everyone should be judged."

Problems with Relativism


Relativism undermines moral criticism of practices of particular individuals or in particular societies where those practices conform to their own standards. For instance, it could be used to permit slavery in a slave society or it could be used to justify trade and investment with basically evil regimes, e.g. Apartheid governments. But, as Cardinal Ratzinger said, There are injustices that will never turn into just things (for example, killing an innocent person, denying an individual or groups the right to their dignity or to life corresponding to that dignity) while, on the other hand, there are just things that can never be unjust. - Address to Congregation for the Doctrine of Faith, Guadalajara, Mexico, May 1996

Problems with Relativism


Relativism allows for oppression of those with minority views by allowing the majority in any particular circumstance to define what is morally right or wrong.
In Germany they first came for the Communists, and I didn't speak up because I wasn't a Communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics, and I didn't speak up because I was a Protestant. Then they came for me and by that time no one was left to speak up.
- German anti-Nazi activist, Pastor Martin Niemller

Problems with Relativism


Relativists speak in terms that soften harsh realities. "Intelligent, educated, religious people embrace illogical absurdities that set aside not only God's truth, but also our responsibility for the well-being of others. When words are warped and twisted perversely, they're eventually emptied of their true meaning. When you shine the light of common sense on deceptive language couched in medical, philosophical or intellectual terms, the logic evaporates. Moral choices require that we use language to describe reality. - Jean Staker Garton, Author/Lecturer, Co-Founder of Lutherans for Life

Problems with Relativism


Relativists never need bother to examine why something is moral or immoral, they merely accept/tolerate alternative determinations, so that none are held to account
Over the years I have found that those who call themselves atheists actually have a strong sense of the absolute truth they know exists. They just dont want to acknowledge that its true - because if they did, they would have to change the way they live. They flee on moral grounds; refusing to submit themselves, they exchange the truth for a lie. Chuck Colson -Being the Body, 2003.

Problems with Relativism


Commenting on the idea that legal reforms can compel corporate morality, Michael Prowse, in the Financial Times, stated that "The underlying problem is that we are living in times that might aptly be called 'postethical.'" People are now "emotivists," who relativize moral judgments and "obey the law, help others and respect customs and mores only if they calculate that this will benefit them personally in some way. ... The root problem is a loss of belief in objective ethical standards.

Problems with Relativism


Jesus said in John 8:31-32, If you continue in my word, then are you my disciples indeed; And you shall know the truth, and the truth shall make you free. It would seem follow then that, people cannot experience ultimate and true freedom unless and until they come to terms with the absolute truth revealed by God.

Absolutism vs. Relativism


Most ethicists reject the theory of ethical relativism. Some claim that while the moral practices of societies may differ, the fundamental moral principles underlying these practices do not. Markkula Center for Applied Ethics

Corporations
Today more than 25% of the worlds economic activity comes from the 200 largest corporations. - Top 200 The Rise of
Corporate Global Power, by Anderson & Cavanaugh, Institute for Policy Studies, 2000)

The largest 500 U.S. companies constitute at least 75% of the U.S. economy.

Corporations
Many now believe that it is not the church or state, but the corporation that is:
the most important organization in the world The Company: A Short History of a Revolutionary Idea, by Micklethwait & Woolridge, 2003 or the central institution of contemporary society - Corporate Society: Class, Property, and Contemporary Capitalism, by McDermott, 1991.

or society's dominant non-governmental institution." - Value Shift: Why Companies Must


Merge Social and Financial Imperatives, by Paine, 2003.

Corporations
These beliefs echo the prediction made by -French Sociologist Emile Durkheim (1858-1917), in his work Suicide, that following the collapse of the family and the church, the corporation would be the association in the future that would supply the social support that every individual needs to maintain a moral life . - Cited in An Essay on the Background
of Business Ethics: Ethics, Economics, Law and the Corporation, by Lisa N. Newton & Maureen M. Ford, in Taking Sides.

Corporations
Legally speaking, Corporations are:
fictional persons
lacking body and soul, corporations cannot be punished - Pope Innocent IV (13th Century) lacking a soul, corporations cannot commit treason, be outlawed, or excommunicated - Sir Edward Coke, Chief Justice, Kings Bench (17th Century)

Corporations
King George III's Lord Chancellor Baron Thurlow remarked at the end of the 18th Century: "How can you expect a corporation to have a conscience, when it has no soul to be damned and no body to be kicked?"

Corporations
As artificial persons corporations cannot have real responsibilities. - Nobel Prize Winning Economist Milton Friedman Philosophy Professor Manuel Velasquez argues that only corporate members and not corporations themselves, can be held morally responsible.

Corporations
However, Although a corporation is not something that can be seen or touched, it does have prescribed rights and legal obligations within the community. - William
H. Shaw, Business Ethics.

Corporations
The exclusively economic definition of the corporation is a deadly oversimplification , allowing overemphasis on self-interest at the expense of the consideration of others. - Kenneth Andrews, Professor, Harvard Business School

Corporations
Limited liability is the key feature of the corporate form, encouraging investment.
Doesnt that run directly counter to the value of Responsibility/Accountability?

Self-Regulation of Business Ethics


Types of Codes of Ethics/Conduct
Compliance Oriented: Statement of business standards or practices Visionary: Statement of beliefs, core values, mission, principles (e.g. Johnson and Johnson Credo) or corporate philosophy (e.g. the HP Way) Combination: (e.g. G.E.s Integrity Program called The Spirit and the Law.

Types of Codes
Forbes 500 Companies (237 respondents):
Date Introduced Revised in 90s < 5 yrs. >20 yrs.
Code of Ethics Values Statement Corporate Credo All Three Documents 91% 53% 34% 49 cos. 18.5% 51.0% 41.0% 15.5% 8.0% 22.0% 82% 83% 81%

Source: Patrick E. Murphy, Corporate Ethics Statements: Current Status and Future Prospects, Journal of Business Ethics 14: 727-740 (1995).

Self-Regulation of Business Ethics


Why have a Code of Ethics?
to define accepted/acceptable behaviors; to promote high standards of practice; to provide a benchmark for members to use for self evaluation; to establish a framework for professional behavior and responsibilities;

Self-Regulation of Business Ethics


Why have a Code of Ethics?
as a vehicle for occupational identity & maturity; to increase ethical sensitivity & judgement; to enhance the sense of community among members, of belonging to a group with common values and a common mission;

Self-Regulation of Business Ethics


Why have a Code of Ethics?
to compel people to think through their mission and obligations, as a group & as individuals; to strengthen support for individuals moral courage; because a written document reinforces an intention. to act as a vehicle to address public concerns.

Self-Regulation of Business Ethics


Why have a Code of Ethics?
to discourage corruption, fraud and other malfeasance to enhance credibility with stakeholders to provide a guidepost for addressing potential problems such as potential conflicts of interest

Self-Regulation of Business Ethics


Some Typical Components
Preamble (Aspirations) Rules and principles. An Articulation of Core Values

Self-Regulation of Business Ethics


Some Elements of Best Codes
Clear, Coherent, Understandable Language Involves sanctions and rewards Is more about values than compliance Involves Ownership (i.e. People from every level of the company should be involved in its development.

Self-Regulation of Business Ethics


Some Elements of Best Codes
Provides a set framework for making ethical decisions Demonstrates respect for all employees as unique, valuable individuals Supports each individual employee's freedom, growth, and development Promotes a balanced life & respect for employee family concerns

Self-Regulation of Business Ethics


Some Elements of Best Codes
Promotes employee health & safety Promotes tolerance & an atmosphere free of harassment Promotes honesty Promotes fairness? Cultivates a positive attitude/outlook

Self-Regulation of Business Ethics


Some Elements of Best Codes
Promotes openness/transparency (no coverups) Promotes accountability/personal responsibility Promotes risk-taking, within limits Promotes excellence

Self-Regulation of Business Ethics


Some Elements of Best Codes
Promotes tolerance of errors & learning from same Promotes unquestioned integrity Promotes consistency Promotes cooperation/collaboration Promotes courage & persistence

Self-Regulation of Business Ethics

Self-Regulation of Business Ethics


But as Joshua Joseph, research manager at the Ethics Resource Center in Washington, D.C. says, corporate ethics codes alone have little effect on employee behavior. Organizations must communicate whats in the code, provide training on what it means and put systems into place that allow workers to ask questions and report possible misconduct without fear of reprisals.

Self-Regulation of Business Ethics


Some Implementation Methods
Integration Endorsement Breach Response Plan (Gaps between values and practices must be addressed) Personal Feedback Affirmation Regular Review Contracts

Self-Regulation of Business Ethics


Some Implementation Methods
Training (Role-Playing) (including outside specialty firms, e.g. Baker Hughes signed a 3-year contract renewal and extension with LRN , The Legal Knowledge Company to provide online education, training and testing in ethics, legal and compliance issues to its global workforce through the LRN Legal Compliance and Ethics Center)

Self-Regulation of Business Ethics


Some Implementation Methods Translation (e.g. Merck & Co.s code has been translated into 22 languages) Distribution (Pamphlets, On-Line, etc.) Annual Report Ethics Officer/Department

Self-Regulation of Business Ethics


Some Monitoring/Compliance Methods
Required annual acknowledgement/review Periodic surveys Anonymous 24-hour contact point with real and immediate investigation/follow-up

Self-Regulation of Business Ethics


Are Codes of Ethics/Conduct just for show? (Taking Sides, p.22) Yes?
Created in response to coercion Often Ambiguous language Enron had a Code of Ethics!

Self-Regulation of Business Ethics


Other Forms of Self-Regulation:
Industry Codes Support character based education in your community (e.g. Boy Scouts) Hiring Ethical People: hire people who can uphold the company's high ethical standards

Self-Regulation of Business Ethics


Set your expectations high; find men and women whose integrity and values you respect; get their agreement on a course of action; and give them your ultimate trust. John Fellows Akers, Chairman of IBM

Self-Regulation of Business Ethics


I am sure that in estimating every mans value either in private or public life, a pure integrity is the quality we take first into calculation, and that learning and talents are only the second.- Thomas Jefferson

Self-Regulation of Business Ethics


In looking for people to hire, you look for three qualities: integrity, intelligence, and energy. And if they don't have the first, the other two will kill you.-- Warren Buffet

Government Regulation of Business Ethics


Is It desirable or necessary for government to protect/promote good business ethics?
Not everyone agrees that tough, new regulations is the best way to stop corporate fraud

Government Regulation of Business Ethics


Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws. - Plato

Government Regulation of Business Ethics


Dick Grasso, Former Chairman and CEO of the New York Stock Exchange, You cannot legislate honesty. (Who was forced to resign due to outrage over his $39.5 million salary)

Government Regulation of Business Ethics


Leon Panetta, Former White House Chief of Staff in the Clinton Administration, "Restoring trust in corporate America is crucial to our economy. Passing laws alone will not guarantee honesty. CEOs and Boards of Directors have that responsibility," he said.

Government Regulation of Business Ethics


Rules cannot substitute for character." Alan
Greenspan, Chairman of the U.S. Federal Reserve Board

Government Regulation of Business Ethics


Senator Joe Lieberman, We cannot put the business ethics police on every corner that might be cutnor would we want to. Government will never be able to legislate or regulate morals into every part of our markets. Business people and businesses must do that themselves.

Government Regulation of Business Ethics


Senator Joe Lieberman, Those who idealize the government's role and suggest heaping so many new regulations on businesses may stifle the American spirit of enterprise. Those who idealize the market's self-corrective powers don't see the size of the scar or the powerful temptation to return to business as it was before.

Government Regulation of Business Ethics


Senator Joe Lieberman, The Enron scandal cries out for governmental action, but we must acknowledge before we act that there are twin dangersof doing too little and doing too much.

Government Regulation of Business Ethics


Milton Friedman, suggests that the market and not new regulations is a more effective deterrent and punisher. New regulations will only hinder the growth of American's economy, and the "bad eggs" have already have been punished by the market.

Government Regulation of Business Ethics


The argument for regulation
The existence of a code of ethics alone is not sufficient to prevent unethical behavior (e.g. General Dynamics code of ethics did not prevent some highly unethical practices in the pursuit of government contracts and Enron had an elaborate code of ethics) Change in the behavior of the corporation is initiated to make it give more attention to social goals. Competition does not enable the manager to pay attention to social goals and thus must be forced.

Government Regulation of Business Ethics


Has regulation been good for business in any way?
Statutes like the Sherman & Clayton Antitrust Acts helped to dissolve giant trusts (Though recent trends seem to be reversing this) Statutes like the Wagner Act enabled labor unions to emerge as responsible entities OSHA regulations have improved workplace safety Recent acts have forced disclosure of financial information leading to a more honest and effective stock market.

Government Regulation of Business Ethics


But have recent new regulations actually helped improve business ethics? Only 17% of respondents to a recent SHRM online poll report seeing a decrease in ethics violations at their companies. 35% report an increase!

Government Regulation of Business Ethics


Levels
Local State National International

Government Regulation of Business Ethics


Branches
Executive Legislative Judicial

The Sarbanes-Oxley Act


creates higher standards for corporate governance includes rigorous standards for audit committees requires more frequent & transparent financial disclosures requires securities analysts to maintain greater independence from investment banks. provides a series of new civil and criminal penalties for violations of securities laws, and enhances penalties for such violations under existing statutes.

The Sarbanes-Oxley Act


Companies must disclose whether or not they have a code of ethics, and if not why not. They must also disclose any change in or waiver of ethics codes. Whistleblowing employees are protected for providing information to federal officials, congressional members, and company supervisors.

The Sarbanes-Oxley Act


Created a public company accounting oversight board to register public accounting firms, to establish or adopt auditing, quality control, ethics and independence and accounting standards, to conduct inspections of registered CPA firms and to enforce compliance with the Act.

The Sarbanes-Oxley Act


Attorneys must report material evidence of a securities law violation, or breach of fiduciary duty, to the chief legal counsel or CEO. If those parties fail to respond, attorneys must report to the board. Some attorneys believe this duty may conflict with their fields existing ethical codes of conduct. (Though the ABA has recently sanctioned this)

The Sarbanes-Oxley Act


CEOs and CFOs must certify their financial reports are accurate, or suffer penalties of $1 million and up to 10 years in prison for "knowing" violations, and up to $5 million and 20 years for "willful" violations. All personal loans to executives and directors by public companies are banned.

The Sarbanes-Oxley Act


Executives are required to pay back bonuses or equity-based compensation, if companies later restate their financials. The penalty for certifying bad financials: fines up to $5 million, and up to 20 years in prison.

The Sarbanes-Oxley Act


There are no objective standards for exactly what CEO's or CFO's are actually certifying. Under Section 906, they must certify "that information contained in the periodic report fairly represents, in all material respects, the financial condition and results of operations of the issuer." But what does "fairly" mean? What is "material"?

U.S. Federal Sentencing Guidelines


Created in 1984 in order to give greater uniformity and effectiveness in sentencing for federal crimes. Took effect in 1991. Emphasis is on prevention and detection. Intent to wipe out illegal gains and compensate victims. Base fine from a table of ranked crimes, $5K to 72.5 K + or culpability score, factors e.g. level of personnel involved & existence of an effective ethics program.

U.S. Federal Sentencing Guidelines


Codes of conduct must be developed that are capable of reducing misconduct, Specific high level personnel must be responsible for the compliance program (i.e., compliance officers) and support the ethics/compliance program (i.e., top management). Substantial discretionary authority in the organization must not be given to persons with a propensity to engage in illegal conduct.

U.S. Federal Sentencing Guidelines


Standards and procedures must be communicated to employees, other agents (such as advertising agencies), and independent contractors (or consultants) through training programs and formal communication systems. (All relevant stakeholders should be exposed to the company code of conduct).

U.S. Federal Sentencing Guidelines


The organization must take reasonable steps to achieve compliance with its standards, by using monitoring and internal auditing systems to detect misconduct. A reporting system must allow employees and agents to report misconduct without fear (i.e., anonymous ethics hotlines).

U.S. Federal Sentencing Guidelines


Standards and punishment must be enforced consistently and the organization must create a process to prevent further offenses. A plan to review and modify the compliance program is necessary to demonstrate a continuous improvement process in selfmonitoring.

U.S. Federal Sentencing Guidelines


The Corporate Ethics movement has been spurred by the Federal Sentencing Guidelines which offer leniency where an effective ethics program is in place.

Capitalism
Capitalism: An economic system in which the major part of production and distribution lies in private hands, operating under a primarily free market system, for the primary purpose of earning a profit on capital invested.

Capitalism
Capitalism is the astounding belief that the most wickedest of men will do the most wickedest of the things for the greatest good of everyone. John Maynard Keyes

Capitalism
Values that are central to a capitalism
Freedom of voluntary exchange
Sanctity of contracts

Removal of impediments to trade


(Source: Ethics and Economic Affairs,by Lewis, Alan; Wrneryd, Karl Erik, Publication: London ; New York Routledge, 2002)

Capitalism
As it presently functions, capitalism encourages human pathologies -embodying irresponsibility as a central requirement in its operating routines. William Greider is national affairs correspondent for The Nation

U.S. Federal Sentencing Guidelines


Limitations:
Motive for violation usually financial opportunity
Many large companies can afford the risk of penalties

Of the 208 sentenced organizations, only four asked for mitigation based on the presence of an effective ethics compliance program.

Gift or Bribe?
Ashbourn Corp., is soliciting bids for a 5 year contract for the cleaning of their U.S. facilities, worth $22 million per yr. Pete Stevens, the Sales Manager of Perfect Cleaning Co. is, by coincidence, a former employee of Ashbourn Corp.& an old college buddy of John Joyce, Ashbourn Corp.s Purchasing Director. Pete was confident he could win this contract, after all his company already had a good relationship with Ashbourn Corp. James Parkin, the CEO of Perfect Cleaning Co. & Edgar White, the CEO of Ashbourn Corp. were both Masons and Parkin had sponsored White for membership to an exclusive country club a couple of years earlier.

Gift or Bribe?
Pete phoned John Joyce to find out more about the bidding process. They also talked about old times and how they used to enjoy skiing holidays together "Isn't it about time we went back to Reno" asked Pete, "How about booking a long weekend? I've got plenty of spare Air Miles that you can use? John Joyce was cautious about this suggestion. After all, they are in the middle of a bidding process. But he mentions it to his wife who is really keen about the idea of getting back onto the slopes. "We will have a rule, no mention of work" She says. They book to go on holiday with Peter and his wife in February.

Gift or Bribe?
Eid is fast approaching. Joyce , sends ens a Christmas card. His company has a policy of not sending gifts. Johns wife receives a package by courier on the 23rd of December from Pete and his wife addressed to the Joyce family. It is an elegant mantel clock. In February, the two couples enjoy a relaxing skiing holiday together. Not a word is spoken about business. Pete even wins $10,000 at the casino after taking some tips from John on winning at Black Jack. Pete buys John a champagne dinner to celebrate.

Gift of Bribe?
In March the bids are considered, with John Joyce as Chairman of the Selection Committee. The bids are almost identical. None of the companies really stand out on price, quality of service, etc. John tells his CEO that he hesitates to recommend Perfect Cleaning Co. because of his rejuvenated friendship with Pete. However, his CEO tells him, Dont worry about that. I trust you to look after our shareholders' interests - you tell me who you think is best for the job". Perfect Cleaning Co. is awarded the contract. A week later a letter arrives marked "Private & Confidential". John Joyce opens it and a check for $5,000 falls out. A simple note is attached "Thanks for your tip at the Casino you deserve a share of my winnings! Pete.

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