L-2 Business Ethics

BUSINESS ETHICS AND SOCIAL RESPONSIBILITY


Introduction

There has been some high profile business scandals in recent years. In the wake of scandals at Tyco, Worldcom and Enron, the US government introduced the Sarbanes-Oxley Act in 2002. The name of the act derives from the surnames of the two men who were responsible for drafting the act, Paul Sarbanes and  Michael Oxley. The hope was to restore public confidence in American business, which had been badly shaken by scandals.

This act now requires that firms in the private sector provide procedures for anonymous reporting of accusations of fraud. The new requirements also require companies to publish their code of ethics if it has one. It also protects investors from unethical accounting practices. It requires CEOs to personally certify validity of company financial statements.

Before its collapse in 2001, Enron was the 7th largest company in the USA and it also had a code of ethics. The consequences of business failures affect not only the employees, but also the investors who hold stock of the company, and financial institutions that have lent money to the firm. Shareholders lost billions of dollars, years of savings that they hoped to use during retirement.

Concern for ethical and societal issues


Every business has to care about Business Ethics, which refers to the standards of conduct and moral values governing actions and decisions in the work environment. Businesses must also take into account a wide range of social issues, including how a decision will affect the environment, employees and customers. These issues are at the heart of social responsibility, the philosophies, policies, procedures, and actions directed toward the enhancement of society’s welfare as a primary objective. Businesses must find a balance between doing what is right and doing what is profitable.

Businesses are responsible to four important groups: customers, employees, investors and the society in general. Sometimes conflicts can arise in trying to serve the different needs of these separate constituencies. In your own business career, you will encounter many situations where you will weigh right and wrong choices before making a decision.

THE NEW ETHICAL ENVIRONMENT


In recent years business ethics has been in the spotlight as never before. High profile investigations, lawsuits, arrests, and even convictions, as well as business failures due to fraud and corruption have created a string of headline news. Recent polls in USA have shown that only 17% of people rate top executives highly. However, the majority of firms maintain high ethical standards. Some firms are now appointing ethics officers to oversee that standards are being met at their firms. See Johnson & Johnson’s Credo (page 42).

A survey showed that more than 75% of companies are setting up ethics standards and codes, up from less than half in 1991.  New government guidelines on codes of ethics include the following for ethics compliance programs:

1.      Standards and procedures, such as codes of ethics, capable of detecting and preventing misconduct
2.      High-level personnel responsible for ethics compliance programs
3.      No substantial discretionary authority given to individuals with a propensity for misconduct
4.      Effective communication of ethical code requirements through ethics training programs
5.      Establishment of systems to monitor, audit, and report misconduct
6.      Consistent enforcement of ethical codes and punishment
7.      Continuous improvement of the ethics compliance program

Individuals make a difference:

In today’s business environment, individuals can make a difference in ethical expectations and behavior. As executives, managers, and employees demonstrate their personal ethical principles – or lack of ethical principles – the expectations and actions of those who work for and with them can change. Each year, US organizations lose more than $400 billion to fraud, or an average of $9 per day per employee.

The main types of unethical behavior observed by employees include:

·   lying
·   withholding information
·   abusing or intimidating employees
·   inaccurately reporting the amount of time worked
·   discrimination

New technology seems to have expanded the range and impact of unethical behavior. For example, anyone with computer access to data has the potential to steal or manipulate the data or shut down the system, even from a remote location. Often, the people who hack into computer systems are employees, resulting in the theft of intellectual property like patented and copyrighted information. Sometimes, one company attacks another, by methods such as spreading false information about a competitor over the internet.                  

Development of individual ethical standards:


Individuals typically develop ethical standards in three stages:

·        Pre-conventional stage: individuals think only about themselves, own needs. Rules are followed only out of fear of punishment or hope of reward

·        Conventional stage: Individuals consider the interests and expectations of others in making decisions. Rules are followed because it is a part of belonging to the group.

·        Post-conventional stage: aware of duty to society. Individual follows personal principles for resolving ethical dilemmas. They also consider personal, group and societal interests.

Various factors impact the development of individual ethics including family, education, culture and religion. Individuals have different styles of deciding ethical dilemmas.
 

On the job ethical dilemmas:


Workers typically face four types of ethical dilemmas at work; conflict of interest, honesty and integrity, Loyalty vs. Truth and whistle-blowing.




1. Conflict of interest

Exists when a businessperson is faced with a situation in which an action benefiting one person or group has ability to harm another person or group. Lawyers and business consultants would face a conflict of interest if they represented two competing companies; a strategy that would most benefit one of the client companies might harm the other client. A real estate agent would face an ethical dilemma if he represents both the buyer and a seller in a transaction, because the buyer would benefit from a low price while the seller would benefit from a high price.

Ethical ways to handle conflicts of interest include (1) avoiding them and (2) disclosing them

2. Honesty and Integrity

Employers highly value honesty and integrity. An employee who is honest can be counted on to tell the truth. An employee with integrity goes beyond truthfulness. Having integrity means adhering to deeply felt ethical principles in business situations. It includes doing what you say you will do and accepting responsibility for mistakes. Behaving with honesty and integrity inspires trust, and as a result, it can help build long-term relationships with customers, employers, suppliers, and the public.  

3. Loyalty Vs Truth

Businesspeople expect their employees to be loyal and to act in the best interests of the company. But when the truth about a company is not favorable, an ethical conflict can arise. Individuals may have to decide between loyalty to the company and truthfulness in business relationships. Some employees place loyalty above truth, while others place truth above loyalty, and face the question of “do you stay loyal to your boss or do you tell the truth”?

A story  took place at Los Alamos National Laboratory. Two men who worked there reported loss of $2.7 million worth of missing computers, and other property, as well as abuse of lab-issued credit cards. An investigation revealed that the lab had subjected the two men to intimidation and pressure to keep quiet. “I believe in being dedicated to your boss” said one of the men, “but there is a line you don’t cross, and they crossed that line and began to perceive wrong as right”.




4. Whistle-blowing

When an individual does encounter unethical or illegal actions at work, the person must decide what action to take. Sometimes it is possible to resolve the problem by working through channels within the organization. If that fails, the person should weigh the potential damages to the greater public good. If the damage is significant, a person may decide that the only solution is to blow the whistle.

Whistleblowing is an employee’s disclosure to authority such as the government or to the media of illegal, immoral or unethical practices of the organisation. Two men at Los Alamos National Laboratory, who reported theft of property, were whistleblowers.

Whistleblowers need to weigh a number of issues in deciding whether to come forward. According to the National Whistleblower Center, may whistleblowers said that they had been fired for reporting illegal conduct, and most of the other respondents said they had been harassed or unfairly disciplined at work.  

The Sarbanes-Oxley act now requires that private firms provide procedures for anonymous reporting of accusations of fraud. Under the act, anyone who retaliates against a person who blows the whistle can be prosecuted.

How organizations shape ethical conduct


Development of a corporate culture to support business ethics happens on four levels: ethical awareness, ethical reasoning, ethical action, and ethical leadership. If any of these four factors is missing, the ethical climate in an organization will weaken.

Ethical awareness


Workers need guidance about how a firm expects them to respond to ethical dilemmas. One way for firms to provide this support is to develop a code of conduct, which is a formal statement that defines how the organization expects and requires employees to resolve ethical questions. Some companies use their codes of conduct to identify key corporate values and provide frameworks that guide employees as they resolve moral and ethical dilemmas.

Nortel Networks, a Canadian telecommunications company, has a code of conduct that defines seven core values that is required as Nortel strives to become a company of integrity. The code also defines standards for conduct among employees and between employees and the company’s shareholders, customers, suppliers and communities.

Ethical reasoning


Employees need help in resolving ethical questions. Many firms have instituted ethics training programs. Lockheed Martin uses a game called the ethics challenge and everyone, from hourly workers to the chairman, is required to play the ethics challenge once per year. However, some people doubt that ethics can be taught.

Ethical action

Goals set for the business as a whole and for individual departments and employees can affect ethical behaviour. Setting unrealistic goals can cause increase in lying and cheating as workers try to protect themselves. Some companies encourage ethical action by providing support for employees faced with dilemmas, such as a hotline that can be used anonymously for advice or to report an instance of unethical behaviour.

Ethical leadership

One recent survey revealed that employees felt less pressure to behave unethically when managers and leaders in their firms behaved in an ethical manner. One important way for business leaders to model ethical behaviour is to admit when they are wrong and correct their organisation’s mistakes and problems.

ACTING RESPONSIBLY TO SATISFY SOCIETY


Social Responsibility

Social responsibility is management’s acceptance of the obligation to consider profit, consumer satisfaction, and societal well-being of equal value in evaluating the firm’s performance. It is the recognition that business managers must concern themselves with qualitative dimensions of consumer, employee, and societal benefits as well as the traditional quantitative measures of sales and profits.

Social Audit

Some firms measure social performance by conducting social audits, formal procedures that identify and evaluate all company activities that relate to social issues such as conservation, employment practices, environmental protection, and philanthropy. A social audit informs management about how well the company is doing in these areas. Based on this information, management may take steps to revise current programs or develop new ones.

Boycott

Outside groups may conduct their own evaluations of business ethics standards. Examples of these groups include ‘the council on economic priorities’ which publishes an investment guide called ‘The better world investment Guide’ which mentions companies social activities. Some consumer groups organize boycotts of companies they find to be socially irresponsible and refuse to buy their products For example, many consumers boycotted companies that invest in South Africa because of apartheid policy.

Public Health

Some businesses make products which can harm customers such as tobacco, alcohol and handguns. Smoking can lead to heart disease or cancer while alcohol can damage the liver. Traffic accidents are caused by drink driving and it is outlawed in many countries. In the west, advanced regulations are now allowing some smokers with illnesses to bring lawsuits against cigarette makers. Some cigarette makers have tried to diversify their business by moving into areas like food manufacture, like Altria’s purchase of Kraft Foods. A visit to the website of phillip morris, the maker of brands like Marlboro, shows plenty of information on the risks of smoking, such as lung cancer. There are also health risks from junk foods like fast foods and obesity caused by soft drinks like coca cola – which has been banned by some schools. In some counties, advertising by cigarette makers and alcohol brands are not allowed.

Pollution (Protecting environment)

Finding ways to minimize pollution and other environmental damage caused by their products has become an important economic, legal and social issue for firms. Companies burn fossil fuel like coal and oil, which releases sulphur into the air, which combines with water vapor in the air to form sulfuric acid. This acid rain can kill fish and trees and pollute ground water. Ways include finding alternatives to petrol cars, such as hybrids which use a combination of gas and electricity. Also there are hydrogen powered cars. Hybrid cars are a bit more expensive, but promise far higher fuel efficiency in times of volatile oil prices than conventional cars.





Recycling

One of the solutions for pollutants is recycling – reprocessing used materials for reuse. Recycling can sometimes provide much of the raw materials that manufacturers need – thereby conserving the world’s natural resources and reducing the need for landfills. Recycling firms in Asia like NTT DoCoMo, a Japanese firm, are buying used cell phones in bulk from wireless carriers, crushing and melting them, and extracting platinum, silver and even gold. Many environmental groups have realized that working in partnership with companies can help them achieve their environmental goals.

Green Marketing

A marketing strategy that promotes environmentally safe products and production methods. Federal Trade Commission(FTC) has issued guidelines for companies to follow in making environmental claims.

Claim
Must
Biodegradable
Break down and return to nature in a reasonably short period of time
Recyclable
Be entirely reusable as new materials in the manufacture or assembly of a new product or package
Ozone Safe
Must not contain any ozone-depleting ingredient

Genetic engineering


Sometimes new technologies raise controversy. Genetic engineering involves altering crops or other living things by inserting genes that provide them with a desirable characteristic, such as resistance to pesticides. One of the most controversial of these genetically modified (GM) crops has been corn engineered to make Bacilus thuringiensis (Bt), a type of bacteria that acts as a natural insecticide. The potential value of such a crop is that it reduces the need for chemical pesticides. Some consumers, especially in Europe, have resisted buying GM foods, and the European Union has maintained a moratorium on approving new GM crops. Farmers are uncertain about adopting the technology because consumer resistance could make the crops worthless in the marketplace.

Quality of the workforce

In the past, a nation’s wealth has often been based on its money, production equipment, and natural resources. A country’s true wealth lies, however, in its people. An educated, skilled workforce provides the intellectual know-how required to develop new technology, improve productivity, and compete in the global marketplace. In developed economies, most new jobs require college-educated workers. With demand greatest for workers with advanced skills, the difference between the highest-paid and lowest-paid workers has been increasing. Twenty years ago, a college graduate on average earned 38 percent more than someone with only a high school diploma, but today the typical college graduate earns 71 percent more.

Corporate Philanthropy

As pointed out earlier, not-for-profit organizations play an important role in society by serving the public good. Philanthropy refers to donations or financial contributions firms make to not-for-profit organizations involved in charitable or social issues. Firms donate billions of dollars each year to not-for-profit organizations. Companies give back to the communities from which it makes profits. This includes the cash contributions, donating equipment and supporting volunteer activities of company employees. Microsoft founder Bill Gates has established the Bill and Melinda Gates foundation with an endowment. Another form of corporate philanthropy is volunteerism. Thousands of businesses encourage their employees to contribute their efforts to projects as diverse as Habitat for Humanity, the United way, and the Red Cross blood drives.

Responsibilities to Customers


Businesspeople share a social and ethical responsibility to treat their customers fairly and act in a manner that is not harmful to them. Consumer advocate Ralph Nader first pioneered this idea in the late 1960s. Since then, Consumerism, the public demand that a business consider the wants and needs of its customers in making decisions, has gained widespread acceptance. Consumerism is based on the belief that consumers have certain rights.

The most famous statement regarding consumerism was made by President Kennedy in 1962. Figure 2.9 summarizes these rights.

Basically, consumers have four rights:
·        right to be safe (includes product liability)
·        right to be informed
·        right to choose
·        right to be heard

Consumers have the right to be informed but false and misleading advertising can be punished under existing laws of the Wheeler-Lea Act. This is to stop companies from misleading consumers.

Product liability

Refers to the responsibility of manufacturers for injuries and damages caused by their products. Many companies put their products through rigorous testing to avoid safety problems, but testing alone cannot foresee every eventuality.

Companies have responsibility to provide warnings about the dangers posed by their products, such as cigarette manufacturers. Also, if a product poses dangers to customers, firms must respond quickly by recalling the product.

In the US there are many product liability lawsuits, brought by customers against the companies, such as cigarette companies. These can be very expensive for companies and so firms must minimize this exposure.

Workplace Safety

The occupational Safety and Health Administration (OSHA) is the responsible authority tin setting workplace safety and health standards. OSHA tracks workplace accidents and has the power to fine employers who are found responsible for workplace injuries. Dangerous industries include mining and construction.

Family leave

The family and medical leave act of 1993 requires large firms to provide unpaid leave for any employee who wants time off for various reasons such as having children or to care for a relative.

Equal opportunities on the job

Efforts aimed at maintaining diversity in the workplace are backed by many legal acts over the years in the US. The civil rights act (1964) outlawed many discriminatory practices. Other laws include the equal pay act (1963), equal employment opportunity act (1972) and the civil rights act of 1991.

The Equal Employment Opportunity Commission (EEOC) has been set up. It was created to increase job opportunities for women and minorities and to help end discrimination based on race, colour, religion, disability, gender, or national origin in any personnel action.  

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