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INTRODUCTION
A business without ethics is a business at risk.
Almost daily, headlines in newspapers trumpet stories of companies facing multimillion
dollar fines, criminal prosecutions, and bankruptcy. Behind many of these headlines is
the tale of an employee who made the wrong decision, who didnt report suspected
wrongdoing, or who failed to recognize an ethical dilemma.
Advances in technology and todays ease of travel have literally allowed businesses to
span the globe. We all can think of friends or relatives who work in far-flung satellite
offices of large companies, who are "on the road" or "in the field" for long stretches of
time, or who telecommute from home. Because of these developments in how
businesses operate, decision-making in most organizations has become more and more
decentralized. Despite this, employees are still expected to make decisions responsibly
and correctly, based on the companys particular values and credo.
Unfortunately, in many cases, the correct decisions are far from obvious. Additionally,
employees often must choose between conflicting interests and values in making their
decisions. The "real time" manner in which businesses operate nowadays and the
demand to accomplish more in less time make it even more difficult to make correct
decisions. In these types of situations, when the employee has no real guidance, it is
critical that he or she possess ethical decision-making skills.
This Handbook is intended to help employees answer these difficult questions.
Specifically, this Handbook discusses business ethics, ethical decision making, and
provides a brief and general overview of some of the concepts of business ethics and an
understanding of why ethical business practices are important, both for employees and
companies. However, it does not provide any advice or guidance as to what to do in any
given situation. Additionally, this Handbook does not provide any specific advice
regarding the steps a company should take to develop a comprehensive ethics program.
In other situations, no laws or regulations exist to guide the employee toward the "right"
decision. Here, business ethics is particularly important because in the absence of laws
or regulations, it can guide the employees decision-making process.
I.
Ethics at Work
We are continually forced to make decisions that test our character and
conscience. These decisions can run the gamut from mundane to critical -"Should I tell my wife what I really think of her dress?" to "Should I tell my life
insurance agent that I smoke two packs of cigarettes a day?"
In the workplace, the decision-making stakes can be higher, and the confusion
can be greater. When faced with character and conscience-testing decisions at
work, were often not sure what the correct answer is. Sometimes, we may not
know if our employer has a rule or policy that governs the situation. Most
employees arent lawyers, so they dont generally know how the law may affect
their decision. In still other cases, we may know our companys rule or policy, but
may disagree with it because it makes us feel uncomfortable or we dont
understand the purpose.
This is when business ethics comes into play. Business ethics -
focuses on reasoning,
helps explore options, and
helps apply the right values to decisions.
Example 2: Patricia is a sales representative for Global Toys, Inc. One of her
largest customers, Tony, is placing an order for a chain of retail department
stores. "I want to make sure we have a good supply of Spaceman Joe, your new
item. I know it will be a hot toy for Christmas," he says. Patricia knows that Global
has had production and delivery problems with Spaceman Joe. She also knows
that Tonys order will insure her year-end bonus.
Business ethics helps Patricia reason to a decision. Based on her companys
values of honesty, accountability, and customer satisfaction, she shares all her
information with Tony to help him make an informed purchasing decision.
Example 3: Bobs manager believes Bob landed a major new customer and
publicly praises him at a company sales meeting. In fact, another employee who
is no longer in sales was primarily responsible for landing the customer. What
should Bob do?
Business ethics helps Bob explore his options. Bob decides that he would not
feel right if this information were published in the company newspaper, so after
the meeting he corrected his manager, who thanked him for the information.
Example 4: Angela, director of a chain of nursing homes, is dismayed to learn
that Linda, a social worker and one of her employees, has made a racist joke
during a recent dinner for a local political candidate. Angela immediately places
Linda on paid administrative leave while she investigates. "What about my rights
of free speech?" Linda complained.
"What about the importance of our company values?" Angela answered. "To be
effective, our social workers must be -- and be perceived to be -- impartial and
fair. Racist comments undermine those goals." Business ethics helps Angela
apply the right value to her decision to subsequently fire Linda.
III.
C.
D.
People are different, and may respond differently to the same set of facts
or circumstances in a common workplace. Each of us brings a set of life
experiences to the workplace, shaped by our age, our family, our
schooling, and even the part of the world we grew up in. During our
working life, our priorities and values change as we gain more
experiences. Few people act the same way at age 65 as they did at age
25.
Yet in the workplace, we are all thrown together. Consequently, in the
workplace employees have different ideas about whats the "right thing"
to do. They can view the same situation differently and, therefore,
resolve that situation in different ways. At times, people dont think from
an ethical point of view at all. Thats why it is helpful for employers to
provide opportunities to discuss and resolve ethical situations at work.
IV.
V.
and intimidated into cutting corners on safety and that their supervisor directed
them to put unserviceable parts back on airplanes. Ricos life is about to get even
more complicated -- in a few months, Global will face investigations from the
Federal Aviation Administration, the National Transportation Safety Board, the
U.S. Attorney, the Federal Bureau of Investigation, and outside experts, as well
as lawsuits from crash victims families.
The failure of the 42 mechanics to report that Global was cutting corners on
safety had horrible results. Had these employees engaged in an ethical decisionmaking process, this situation could have been avoided.
A.
B.
C.
VI.
In some cases, the ethical lapses were not even actions of deliberate harm, but
simply inattention or failing to question or consult others.
Historically, especially in heavily regulated industries, companies that have violated the
law have initiated programs in response to the violations. Understandably, the approach
of these companies, after the violations occurred, focused on teaching what the law is.
Many companies believe that having compliance programs is sufficient to prevent
wrongdoing. However, such an approach is inadequate today. To understand why, it is
important to know the difference between compliance and ethics, and how they are
related.
I.
What Is Compliance?
Compliance provides the policies and rules for the operation of businesses.
Compliance focuses on obeying concrete laws and policies.
Example 12: Global Refining Co. converts crude oil to gasoline. In the refining
process, Global produces a lot of waste, some of which is hazardous. The
primary focus of Globals compliance department is on environmental laws, to
make sure that Global does nothing to violate them -- such as disposing of waste
improperly or spilling waste.
Many companies focus only or too heavily on rules that support their business
practices, featuring a "check the box" mentality and a reactive style of
compliance management. Such companies react to what courts or regulatory
agencies tell them to do or not to do.
A better approach is to proactively establish proper values to guide actions and
to train employees in ethical decision making so they will be equipped with the
tools to deal with problems that are not a matter or law or policy. The results in
companies that focus only on compliance all too often defeat the very purpose of
such programs, discouraging people from asking questions or making
suggestions about subjects that are not covered in the rules.
A compliance-based culture emphasizes following procedures rather than
understanding the procedures purposes. In addition, such a culture emphasizes
monitoring violations rather than promoting commitment to doing whats right.
In defense of compliance, some managers believe that "ethics" is too vague and
"slippery." These managers believe that, in the face of business pressures,
employees will ignore what they learned in an ethics training course and will do
what they have to do to get the job done. These managers also believe that its
most important to teach employees how to follow the law and then document that
the company has done so.
Compliance programs often cover -
financial disclosures,
procurement procedures,
hazardous waste disposal and reporting, and
wage and hour laws.
identify risks,
provide answers in unambiguous situations, and
penalize wrongdoing.
III.
training programs include ethics. These programs teach employees how to make
decisions for themselves when the answers to their questions are not
necessarily spelled out. Independent decision making is especially critical
because some rules and laws may not be obvious, or they seem illogical.
In short, compliance and ethics programs are interdependent. Neither can fully
succeed without the other.
Example 14: Matthew works for Globalmart, a national chain of large retailing
stores. He has just been promoted to regional manager for six states in the
Southeast. "Visit every store," his boss told him. "Concentrate on three things -employee turnover, merchandise display, and inventory shortage. Dont get
distracted with other things right now."
As Matthew is leaving a Globalmart store in Georgia, he notices an employee
dumping a large barrel over a ditch by the far edge of the parking lot. Matthew
stops his car and watches, unsure of what the employee is doing. On one hand,
he is in a hurry to get to his next store, and he has covered the three priority
subjects on this visit. He also knows that if the barrel contains unsafe materials,
there are specific company regulations that cover how they should be handled.
On the other hand, as a company manager, he should investigate what the
employee is doing, even if it makes him late for his next visit and does not
concern his three priorities.
He is also aware that the store he has just visited is operating with a temporary
manager, since the regular manager has recently been transferred. While there
are rules that apply to this situation, it is Matthews responsibility as an ethical
leader to stop and challenge a situation that does not look right to him, and to
follow it through until he is satisfied. Matthews understanding of business ethics
raised his awareness of potential ethical problems, helps him reason through his
options, and encourages him to take action.
A 1997 study discovered that 60% of workers feel pressure to act unethically or
illegally on the job. Their transgressions ranged from deceiving customers to
cutting corners on quality. Among the factors that contributed to workplace
pressure were poor internal communications and poor leadership.
Example 15: Patrick is promoted from stock clerk to an assistant in the meat
department of his local supermarket. His job is to package cuts of meat in trays
and seal and label them. His manager is explicit about how to do this. "Put the fat
side down in the tray," he said, "and show the best side of the meat. We want it
to look as attractive as possible." Patrick does as he is told.
The following summer Patrick works at a different supermarket, again in the meat
department. He is no longer a novice and shows his manager that he knows how
to package meat. "Who taught you to do it like that?" his manager asks. "You do
it that way again and youre fired. This doesnt follow our value of honesty. Make
sure if theres fat on the cut of meat, its visible in the package for the customer.
We dont want her taking it home, discovering it, and then complaining."
A.
Some believe that ethical decisions are made, or should be made, only
by top management. Not only is this approach unworkable in todays
decentralized business environment, but it also denies employees the
chance of being an active part of the ethical fabric of the company.
Autonomy means self-directing freedom and independence. Authority
means the power to command behavior. Managing the tension and
interdependence between individual autonomy and institutional
authority is the fundamental challenge of establishing an ethical culture.
Autonomy and authority both contribute to an ethical culture.
Individual autonomy provides -
Values
Actually, "values" is a morally neutral term. Individuals can have unethical values,
such as racism or self-centeredness. Values are beliefs that help to shape our
attitudes and actions. Sometimes our values conflict with each other.
Sometimes we dont know what our values really are until they are revealed in
our actions. The values we act on determine our character.
Organizations have values. Some are stated. Others are unstated. Sometimes
conflicts arise when an organizations practices and policies work in opposition
to its values.
Example 16: Global Brokerage, Inc. pays its salespeople on a commission basis
and strongly urges them to make their monthly quota. Therefore, it might be
difficult to uphold a value that puts the best interests of the customer first
III.
Why Values?
Values have an important place in the business world because of the way society
is changing. The features of todays business world support institutions having
values-driven management. Here are a few characteristics of todays businesses
-
IV.
Whose Values?
Conflicting Values
Sometimes an employees values may conflict with his or her employers values.
In other cases, employees and organizations may share the same values, but
interpret and apply those values differently.
Accordingly, even when an organization is specific about its core values, it must
clarify them often to eradicate confusion.
Example 19: Marys supervisor, Cheryl, saw Mary passing out flyers in the
company cafeteria. When Cheryl asked her about it, Mary explained, "Barbara
Jones works in the next building. I know her from bowling. I got an e-mail this
morning that her son was in a car crash in Colorado over the weekend. Shes
flying out to see him and is going to try to bring him home. Evidently hell need
lots of therapy and special equipment, as well as aides and therapists. Our
department decided to have a fundraiser to help Barbara at the VFW hall next
weekend. Barbaras been a good friend to all of us, and we wanted to spread the
word to the entire company. Its all a volunteer effort."
Cheryl says, "Mary, I have a few problems with this. Its against company policy
to solicit like this, even if its volunteer. You like Barbara, but what if another
employee has a hardship and you dont like him or her so much? What if
someone complains about your advocacy for Barbara? And does Barbara know
about this? Perhaps shed rather have her family situation kept confidential."
Who is right?
You might agree that Mary was right to try to help Barbara. One of her personal
values is caring for others. But this value might conflict with her organizations
values in this particular situation -
Fairness: If an employee solicits help for Barbara, what about all other
employees who face hardship?
Respect for others: Barbara may prefer that her personal life be kept
private.
Accountability: Company rules prohibit solicitation of any kind, without
exceptions for good causes.
If you were Mary and received an e-mail about Barbaras son, what would you
have done? What could the company have done to make your decision easier?
You may conclude that Mary should have consulted her supervisor before
printing the flyer if she had any confusion about whether the company would
support volunteer efforts on behalf of Barbara. Then there would be no
misunderstanding about what was the right course of action.
VI.
policies and distill its voluminous policy book to a short codification of the
companys core values. After months of focus groups, consultation and drafts,
the company ends up with just three words: integrity, innovation, and
commitment.
Example 21: GlobalSafe, a national private security company, adopts its first
ethics code in 1980 and revises it three times by 1990. In 1991, however,
GlobalSafes chairman decides the code should be revised every year. The
company now embarks on a comprehensive process each year, soliciting
suggestions from its 14,000 employees. In 1999, for example, the company
received 304 employee suggestions for changes. Every September the previous
code of ethics expires and the new, revised, improved code is signed and
adopted by every employee in the company.
Ethical Awareness
The first step in behaving ethically on the job is to recognize ethical dilemmas.
Some of the reasons for ethical blindness -- or a version of ethical blindness one
might refer to as ethical insensitivity -- include misguided ideas like -
However, choosing to be ethical does not solve every ethical problem. Not all
solutions to problems can be found by checking a law, regulation, or rule for the
right answer. Deciding on a course of action when there is a conflict between
positive values or duties, rather than a choice between right and wrong, can be
more difficult.
Take a moment and think about situations that have presented ethical problems
for you. After you do, the characteristics of these situations start to emerge -
Ethical Reasoning
The second critical step or level in developing ethical skills is to undertake
ethical reasoning.
There is no one right way to make an ethical decision. There are many
problem-solving methods that employees can use, including the ones we explain
below. The important guideline to remember is to choose a technique that works
best for you.
Lets now look at one decision-making technique.
III.
First, will the action violate any laws or policies of the company?
If the answer is "yes," dont do it. If the answer is "no," proceed to the next
question. If the answer is "Im not sure," seek assistance.
B.
C.
Third, will others feel I owe them something --or they owe me something--in
return if I take the action?
If the answer is "yes," dont take the action. If the answer is "no," proceed to the
next question. If the answer is "Im not sure," seek assistance.
D.
Should the company allow the association to pay for Adams expenses?
Who should pay for Adams guest?
Is it permissible for Adam to play golf? Who should pay for it?
Does a conflict of interest exist in this situation?
Does it make a difference if the seminar is held on a weekend instead of
during the week?
Would the situation be different if a vendor sponsored the seminar?
Will there be vendors at the seminar?
Will there be competitors present at the seminar?
Could the information be obtained from another source?
What are Neils responsibilities to his supervisor? To the company?
taking a vacation day for the golf outing, or obtaining the information elsewhere
and forgoing the seminar.
As you can see from the previous example, ethical dilemmas can be complex
and can often cause legitimate disagreements among employees.
IV.
Next, you should see if there are other facts necessary to making a
decision. Some of these facts may apply to the context of the situation,
rather than to the incident itself. For example, here are some additional
issues Bill should consider before making a decision -
C.
Asking questions
Understanding the facts of a situation usually brings us to the next step
in making an ethical decision. If possible, you should take time to fully
understand the situation. This may involve asking questions,
consulting your supervisor, or rereading the companys code of
conduct. You should postpone taking any action until you fully
understand the situation.
In the previous example, here are some questions Bill might have asked
-
D.
In the previous example, if you were Bill, whose interests would you
consider? Antonios? Your employers? The customers? Your own?
Whose interests are most important? What options does Bill have?
E.
Making a decision
The next step is to choose a course of action and then to test it against
questions designed to assist in ethical decision making. Here are some
commonly used ethics questions -
Is it legal?
Is it against company standards?
How would I want to be treated in this situation?
What would someone you respect do?
Would it set a precedent?
Is there a better alternative?
Who else might be impacted?
Would you recommend this decision to others seeking your
advice?
Could you explain your decision to your teenage child or your
mother? To your boss?
If the newspaper reported on your course of action, how would it
look?
If your actions were posted on a message board on the Internet,
available to anyone with a computer, how would you feel?
Does it feel right to you?
What would a reasonable person think?
Could you sleep at night after completing the course of action?
Did you see any other options? Which of these seem to be the right
course of action to you and why?
F.
V.
Ethical Action
Georgina is a customer service manager for a local telephone company. She and
her husband are having dinner one night at a local restaurant when Georgina
notices one of her supervisors, Tom, at the bar. A friend joins Tom and the two
move to a nearby table. As time passes, Tom becomes louder, and Georgina can
overhear his conversation. Tom boisterously tells the story of a local real estate
owner who had appealed to the telephone company to give him extra telephone
lines for his apartment building, ahead of others on the waiting list. "And as soon
as I get my next drink, Ill tell you what he offered me in exchange for installing
those lines!" Tom shouts. Georgina is concerned, but doesnt know what to do.
Using the ethics "quick test," ethics questions, and the steps in decision-making,
decide what you would do if you were Georgina.
Here is one course of action - but it is not the only possibility:
Georgina is hesitant about approaching Tom and ultimately decides not to. When
she arrives home, she calls her colleague, Mary, who had recently been honored
as "employee of the year." She relates her story -"Mary, Im not sure whether I should have said something. Obviously, Tom was
on personal time. But he was revealing confidential customer information -- which
Im not sure was true -- in an inappropriate way. What would you have done?"
"I might have tactfully intervened at the restaurant -- maybe," said Mary. "But you
have an obligation to the company to tell someone. Remember that our core
values are honesty, accountability, and responsibility. I think you should call
human resources in the morning and talk over the problem. If this is the kind of
company we think it is and want it to be, then youll be doing the right thing."
VI.
Ethical Leadership
Making ethical decisions is not the only responsibility of employees. Employees
should also strive for the goal of being an ethical leader because one never
knows when he or she is being used as a marker to set someone elses own
ethical compass. By fulfilling other obligations, employees will move toward this
top level of the ethical pyramid -- ethical leadership.
Being a leader doesnt mean having a senior position within the company. Weve
all experienced times when someone we know and respect -- a coworker or team
member -- voices an opinion or leads a group towards a sound decision.
Sometimes, the person sets an example quietly, by consistently doing the right
thing. We naturally turn to that person as a role model or guide whenever we are
thinking through a difficult situation.
Everyone has the capacity for leadership. It starts by being willing to accept basic
ethical responsibilities. Here are several -A.
B.
C.
D.
E.
F.
G.
H.
I.
VII.
Employee Loyalty
Recently, evidence has been uncovered that connects ethics with employee
loyalty, an important factor in economic times with worker shortages. Here are
some results from two recent studies -