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(1)

Chapter

Six

Managing the Ethics of

Business

Canadian Business and Society:

Canadian Business and Society:

Ethics & Responsibilities

(2)

Outline

Ethical Propositions

Statement of Values

Codes of Conduct and Ethics

Ethics Training

Ethics Audits and Consultants

Ethics Officers and Ethics Committees

Ethics Reporting Systems and

(3)

Ethical propositions.

Business ethics is identified as an ‘in’ topic, yet it

has been discussed for the last forty years and

definitely since 1972.

Some ethical propositions.

Ethical conflicts and choices are inherent in

business decision making.

Proper ethical behaviour exists on a plane above

(4)

Ethical propositions

Individual values are the final standard, although not

necessarily the determining reason for ethical behaviour.

Consensus regarding what constitutes proper ethical

behaviour in a decision-making situation diminishes as the

level of analysis proceeds from abstract to specific.

The moral tone of an organization is set by top management.

The lower the organizational level of a manager, the greater

the perceived pressure to act unethically.

Individual managers perceive themselves as more ethical

(5)

Ethical propositions.

There is no single satisfactory standard of ethical action agreeable to

everyone that a manager can use to make specific operational

decisions.

Managers should be familiar with a wide variety of ethical standards.

The discussion of business cases or of situation having ethical

implications can make managers more ethically sensitive.

There are diverse and sometimes conflicting determinants of ethical

action. These stem primarily from the individual, from the

(6)

Ethical propositions

Effective codes of ethics should contain meaningful

and clearly stated provisions, along with enforced

sanctions for non-compliance.

Employees must have a non-punitive, fail-safe

mechanism for reporting ethical abuses in the

organization.

Every organization should appoint a top-level

(7)

Developing a Ethics Programme

for An Organisation

Code of

Conduct

Values

Statement

(8)

Statement of Values

A description of the beliefs, principles, and basic

assumptions about what is desirable or worth

striving for in an organization.

Key components:

Key stakeholder interests to be satisfied and balanced

Emphasis on quality and/or excellence

Efficiency

Work climate

(9)

Codes of Conduct and

Ethics

Code of conduct

: explicitly states what

appropriate behaviour is by identifying what is

acceptable and unacceptable

Code of ethics

: a statement of principles or

values that guide behaviour by describing the

general value system within which a

(10)

Types of Codes

Corporate or business enterprise

Professional organizations

Industry and sector

Single issue

(11)

Codes of Ethics

POLICY ISSUE RISK RATING

H/M/L KEY POINTS TO CONSIDER Statement on ethics

and compliance H Be proactiveEmphasize responsibility for self and others

Legal issues

General compliance with

laws and regulations H Organisations policies as well as applicable laws and regulations should be considered Employee, customer, &

agent privacy H Identify policies for protecting privacy including EU regulations Affirmative Action/ Equal

Opp./ Discrim. M/L No discrimination based on race, colour, gender, religion, age, national origin, disability, sexual orientation, marital status, or citizenship status Applies to decisions re: recruitment, hiring, promotions, termination, compensation, benefits, transfers, layoffs, and returns from layoffs Antitrust/ Fair

competition/ Trade regulations

L Relevant issues include price fixing, territorial allocation, customer allocation, appearance of impropriety, and monopolization

Employment at will H Emphasize mutual responsibility of company and employee

Insider trading M Issues also include tipping, pre-clearance, short sales, puts, and call Sexual and non-sexual

(12)

Codes of Ethics

Market conduct issues

Advertising &

Marketing L Sales force must be made aware of review policies for materials and claims made or altered by sales personnel Anti-corruption -

Bribery/kickbacks M/L Cross-reference conflicts of interest

Joint venture policy H/M Establish code applicability to respective joint venture partners International business

conduct M/L Mention OECD, and applicable limitations thereof

Conduct on behalf of/against the firm

Conflicts of interest H Cross-reference bribery/kickbacks

Discuss both real and apparent conflicts Political activities/

lobbying/ contributions

(13)

Codes of Ethics

Gifts, favours, and

entertainment M/L Emphasize that giving and receiving gifts should not unduly influence recipients or be perceived as such Explain the far stricter rules that apply to gifts that are to or from government personnel

Financial reporting/

Record keeping H Discuss provisions that apply to both foreign and domestic operations.Prohibit destruction or falsification of documents for which litigation is pending or are otherwise significant

Travel, time, and

expense reporting M Emphasize accountability Firm equipment,

supplies, and funds M/L Not to be used for personal use Intellectual property/

Copyrights H/M Relevant issues include trade secrets and post-employment restrictions as well as non-disclosure of customer information Proprietary information M Includes kinds of financial information, organisational information, and

technical information

Discuss restrictions on speech with non-employees, the press, and employees without a need-to-know

Computer security and password protection Post-employment restrictions

Corporate governance

and structure H Emphasize responsibility to owners/shareholdersPrioritise responsibilities in reference to mission

(14)

Employee issues

Employee health,

safety, and welfare M/L Require employees to report accidents and potential dangers and give reporting mechanism Subcontractor

relations M/L Stress impartiality when making procurement decisions Work and family M/L Mention available worklife programs

Management style/workload management

M/L Pursue ethical, communicative management style that encourages long and short term innovation and productivity

Professional

development L Emphasize human resource assets through commitment to training and development Compensation and

benefits L Fair payReasonable executive compensation given marketplace

Union relations N/A Recognize rights of union employees by law and the existing labour agreement

Substance abuse L Prohibit possession, sale, distribution, use, or transportation of illegal drugs on premises

Office closures/ N/A Emphasize employee assistance programme, if available

(15)

Codes of Ethics

Public and social relations

Customer relations H Stress importance of customer focus with reference to guiding principles

Media relations M/L Explain who may represent the organisation to the media, and hence, who to refer questions

Cross-reference proprietary information

Protect reputation H Recognize importance to business of a good reputation Product quality and

suitability H Responsibility to report product deficienciesExpect compliance with corporate requirements, customer specifications, and government regulatory standards

Environmental

compliance M/L Relevant issues include disposing of hazardous waste, pollution, environmental laws, efficient use of natural resources, and conservation

(16)

Criticisms of Codes

Unenforceable

If enforced, penalties are insignificant

Unnecessary, as most corporations already

operate ethically

Often idealistic

Written in meaningless generalities

(17)

Ethics Training

Managers or outside consultants

Online exercises

Practical checklists and tests

Is it legal

Benefit/cost test

Categorical imperative

Light of day test

Do unto others

Ventilation test

(18)

Conficts of Interest

Three types of conflict: (1) real; (2) apparent;

(3) potential

Examples:

self-dealing; accepting gifts or benefits; influence

peddling; using employer’s property; using

(19)

Ethics Audits and

Consultants

Systematic effort to discover actual or

potential unethical behaviour in an

organization.

Preventive and remedial purpose

(20)

Ethics Oficers and Ethics

Committees

Ethics officers:

Independent manager

Reports to the board of directors or CEO

Reviews complaints or information from anyone in the

organization or any stakeholder

Studies situation and recommends action

Responsible for the ethics program

Ethics committees:

(21)

Ombudsperson programs

Not many ombudsperson programs in Canadian corporations.

Five essential characteristics for successful ombudsperson

programs

competent staff

widespread respect among and support from senior management

ironclad confidentiality

direct access to the CEO or president when necessary

(22)

Executive Speech Making

‘War’ stories

Inform certain stakeholders that the business

enterprise and its management are

(23)

Ethics Reporting Systems and

Whistleblowing

Whistleblowing: an act of voluntary disclosure

of inappropriate behaviour or decisions to

persons in positions of authority in an

organization.

(24)

Whistleblowing: Issues

Remain silent, quit, or disclose wrongdoing?

Does obligation to employer supersede

obligation to self, profession, or industry?

Will whistleblower be believed?

Is whistleblower hero or snitch?

(25)

Whistleblowing and Movies

Boiler Room (2000)

A Civil Action (1998)

Erin Brockovich (2000)

The Insider (1999)

(26)

Ethics: Who is Responsible?

Boards of directors?

Management?

Three models of moral management:

Immoral (devoid of ethical principles)

Amoral (without ethics, but not actively immoral)

Moral (conform to high standards of ethical

behaviour)

(27)

Ethics Programs:

Approaches

Formal approach

based on organizational norms that are written as a code of

conduct

Monological approach

allows organizational members (e.g., managers,

employees) to determine for themselves what is right or

wrong

Dialogical approach

Emphasizes communication before decisions are made

and implemented

(28)

Ethics Programs:

Evaluation and Benefts

Compliance

-based

Rules, laws

Prevent criminal

conduct

Lawyer-driven

Employee discretion

limited

Code of conduct

Integrity

-based

Values/ethics/principles

Enable responsible

conduct

Management-driven

Employee discretion

increased

(29)

Ethics Programs and Their

Evaluation

Explicit and implicit

Implicit

organization’s culture

reward system

valued behaviour

promotion policies

management example

general practice

(30)

Evaluation of Ethics Programs

Some criteria

Visibility

Ownership

Fit

(31)

Evaluation of Ethics Programs

Some criteria

Statements such as codes should be widely distributed and

communicated in a variety of formats.

Evidence of commitment to the ethics programs, as demonstrated

by awareness and usage of the initiatives and by their integration

into the organization culture.

(32)

Teaching Ethics in Business

Schools

Some argue that ethics

(33)

Arguments for Teaching Ethics

So many immoral or unethical events taking place

that it is essential to teach ethics in an attempt to

increase awareness.

Teaching ethics sends a powerful message to

students, that is, ‘this school feels it is a priority for

students to follow generally accepted rules of

business when they graduate’.

Businesspersons, as well as students, suffer from

(34)

Arguments for Teaching

Ethics

From an ethical perspective, the business environment is

changing radically and students must be made aware of this. Old

principles or standards do not work today, and what is acceptable

today may not be in the future.

Course in business ethics focuses on the long-term perspective

and asks ‘what if’ questions – essential for planning, strategy etc.

Provide tools for analysis.

Legitimize the consideration of ethical components as an integral

(35)

Arguments Against Teaching

Ethics

There is little need for it.

Cannot alter the ethical behaviour of students.

Few Qualified Teachers

Not really applicable until time as executive

responsibility

Ethics may be seen as a separate consideration

Few formulas or techniques that can be taught to

(36)

Ethics – Whose Responsibility?

Starts at the top of the organization – Board

of Directors.

Two major tasks:

collectively identify values that determine

acceptable behaviour in the firm and

to put in place a process that assures values are

(37)

Why put it at a board level?

Simply good management to develop an

appropriate culture, sensitive to ethics issues.

Board itself is involved in ethical questions,

i.e. conflicts of interest.

Easier to make decisions if the fundamental

principles or values of the corporation are

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