Lizzie Boyle

PHL 248
Werhane
Final
Ethical Decision-Making
1. Issue(s)
Identify the dilemma
2. Facts
Obtain all unbiased facts
3. Alternatives
What choices do we have?
4. Stakeholders
Who has an interest?
What are their motivations?
How much power does each hold?

5. Impact of alternatives on each

stakeholder?
Stakeholder's resulting impacts on
you
Benefits/Harms? Rights/Wrongs?
6. Additional assistance
Guidance from ethical theory, your
profession or your organization
7. Action
Now what?
8. Monitor Outcome

1. OSHA vs. SeaWorld:

After the death of one of the trainers from SeaWorld, OSHA has filed citations regarding the safety
procedures of SeaWorld. OSHA declared that working with killer whales is dangerous therefore a
barrier must be between trainers and whales. SeaWorld attempts to appeal this in court.
2.
I. SeaWorld must keep trainers out of water with whales to prevent injuries and/or
deaths.
II. For guests to see trainers in the water with the whales gives them a magical and
educational experience.
3.
I. Continue shows but without trainers interacting with whales in water
II. Continue shows with trainers interacting with whales in water
4. Major Stakeholders:
Delaware L.P., Blackstone Holdings, PETA, Customers
Decide how SeaWorld shows will continue
5. Show attendance/popularity will either increase, decrease, or stay the same
Less likely for injury and death claims
Physical barrier between trainers and whales
Safety for whales and trainers
6. Business Ethics
7. Trainers will no longer be allowed to enter the water with any of the whales which will insure more
safety to both parties.
SeaWorld and some guests may be unhappy with the decision.
A business should consider all safety regulations to decrease chance of injury and/or death.
This is the "right" thing to do.
8. Short-Term:
SeaWorld fined $12,000
Shows may continue, but popularity and attendance may drop
Profits may be steady
Long-Term:
Industry change/shift
Shows possibly cancel
SeaWorld vs. OSHA U.S. Court of Appeals
http://theorcaproject.files.wordpress.com/2014/04/seaworld-vs-osha-us-court-of-appeals-35-pg-decision.pdf

In February of 2010, SeaWorld trainer, Dawn Brancheau was killed by a 12,000 pound
bull orca. After Ms. Brancheau's tragic death, there have been many questions and speculations
on whether or not it is safe for trainers to be in the water with these top predators. Since the
premiere of the documentary, 'Blackfish', by Gabriela Cowperthwaite there has been even more
controversy on the safety of trainers and whales even interacting together. Briefly after Dawn's
death, OSHA (Occupational Safety and Health Administration) has cited many violations against
SeaWorld involving the safety of the trainers and whales. The OSHA vs. SeaWorld case has been
continued four years after Dawn Brancheau's death, while SeaWorld has tried to appeal the case
saying that they have complied with the rules and regulations and do not believe it is of any
danger for trainers and the whales to be in water together. Up until April of 2013, the case has
finally been settled, so the question is: As a business, should SeaWorld continue to have their
employees put in potentially dangerous situations with one of the top predators?
In regards to business ethics, Immanuel Kant, a German philosopher believed in
'deontology.' From Kant's point-of-view, Act only according to that maxim whereby you can at
the same time will that it should become a universal law without contradiction," (Kant). In other
words, do not depend on the consequence of a situation to justify your actions because what
matters is the morality behind your action. Kant believes that good things can derive from a bad
situation because it involved an ethical decision. According to Kant's theory, SeaWorld should
discontinue the killer whale shows. For SeaWorld to allow trainers to get that close in proximity
to a wild animal is an obvious hazard. To knowingly put someone in that situation after a death
has occurred is against your morals, and for a company to do this is wrong. Regarding, Dawn
Brancheau's death, SeaWorld guests had actually witnessed the killer whale attack. For a
company to not only put their employees in danger, but to also have their guests witness such a

SeaWorld vs. OSHA U.S. Court of Appeals

http://theorcaproject.files.wordpress.com/2014/04/seaworld-vs-osha-us-court-of-appeals-35-pg-decision.pdf

horrible event is morally wrong. Kant would look at this situation and probably say that if you
could prevent injury and death then that is your moral duty to do so.
Unlike Kant, English philosopher, John Bentham theorizes 'utilitarianism.' Utilitarianism
seeks that an act is "just" if it will increase human happiness/pleasure rather than harm/pain. In
his theories, Bentham tends to focus on the amount of pain or pleasure or the consequences in a
situation."By utility is meant that property in any object, whereby it tends to produce benefit,
advantage, pleasure, good or happiness, or to prevent the happening of mischief, pain, evil or
unhappiness to the party whose interested is considered..." (Bentham). Therefore, Bentham
would say that a right action would be based on its consequence.
Bentham's theory would reflect on the outcome of whether or not trainers are to be in the
water with the whales, then he would measure which outcome would bring the most pleasure. In
this case, SeaWorld believes that it will be in the company's best interest to continue shows with
trainers in the water with the whales because these whales are worth millions of dollars, and
SeaWorld provides an opportunity for guests to see these human-whale interactions. These
performances bring the most happiness to the customers, trainers, and most importantly the
business because happy customers and employees creates more opportunity for profit.
Similar to what I believe Immanuel Kant would believe about this case is Edward
Freeman, who actually an American philosopher and professor at the University of Virginia.
Freeman's stakeholder theory theorizes that in order for a business to succeed it must value
customers, suppliers, employees, communities and stakeholders. "Indeed, the management of the
firm became separated from the ownership of the firm. And, in order to be successful, the top
managers of the business had to simultaneously satisfy the owners, the employees and their
unions, suppliers, and customers," (Freeman). A business cannot isolate any one of those groups
SeaWorld vs. OSHA U.S. Court of Appeals
http://theorcaproject.files.wordpress.com/2014/04/seaworld-vs-osha-us-court-of-appeals-35-pg-decision.pdf

because they are all equal in the mind of that business. It is the business's job to identify if and
where customers, suppliers, employees, communities and stakeholders are on the same page.
Since the death of trainer Dawn Brancheau and the premiere of the documentary
'Blackfish,' SeaWorld's business has plummeted. Their stock has dropped a reported 2.66% while
shares, revenues, and attendance has also decreased. Last year, SeaWorld's total revenue was
reported to be $538.40 million dropping as low as $272 million in 2014. Attendance has also
dropped about 4% since 2013. Popularity with SeaWorld has also dropped on social media, after
the release of 'Blackfish,' many have been involved in the Blackfish Movement to end captivity
for these killer whales. More and more protests have been scheduled against SeaWorld which
have also led to arrests of the protestors. Major stakeholders of SeaWorld, like Delaware L.P. and
Blackstone Holdings have sold a reported almost 20,000 shares of their stock to top it off.
According to Freeman's stakeholder theory, the customers, communities, and stakeholders are on
the same page against SeaWorld which is leading to a declining business because SeaWorld is
directing their social responsibility to those who favor their choices.
Otherwise, American economist, Milton Friedman would theorize that the one and only
social responsibility is not have everyone be equal but to maximize your business's profits.
Friedman believes that it is the businesses duty to create profits to give to its stakeholders. "That
responsibility is to conduct the business in accordance with their desires, which generally will be
to make as much money..." (Friedman). He would argue that SeaWorld must stay in business and
continue performances with water-work interaction because that is what increases the popularity
and profits of the show. SeaWorld provides jobs within and experiences that people pay for in
which SeaWorld creates a profit. Friedman believes that a business is not a charity because a
charity does not increase profit, therefore SeaWorld should do what they have to do to raise their
SeaWorld vs. OSHA U.S. Court of Appeals
http://theorcaproject.files.wordpress.com/2014/04/seaworld-vs-osha-us-court-of-appeals-35-pg-decision.pdf

numbers in attendance, shares, and revenue. As I mentioned previously, two major stakeholders
of SeaWorld has recently sold shares of their stock; however, PETA (People For the Ethical
Treatment of Animals) recently bought a reported $2,273 in stock, so they would be considered
stakeholders that are allowed to attend meetings and give their input. This will be interesting for
SeaWorld since PETA is not a stakeholder against SeaWorld. By SeaWorld appealing OSHA's
case, is basically letting the world know that they don't care if their employees are in danger as
long as their profits increase.
Despite all of the controversy for and against SeaWorld, on April 13, 2014, judges ruled
against SeaWorld in their appeal to keep trainers in the water with the whales. One of the judges
states that:
"The administrative record establishes that SeaWorld did not lack fair notice because the
hazard arising from trainers' close contact with killer whales in performance is
preventable."
Providing a barrier and keeping trainers out of the water with the killer whales is one way to
prevent any serious injuries and death. This is one step closer to not having these intelligent
mammals perform circus trips. The ultimate safety goal, to prevent absolute no injuries or deaths
would be to not capture these creatures for human entertainment. I think that SeaWorld is in the
right direction to finally get shut down. It is wrong to knowingly put your employees (both
humans and whales) in danger. End captivity for all animals!

SeaWorld vs. OSHA U.S. Court of Appeals

http://theorcaproject.files.wordpress.com/2014/04/seaworld-vs-osha-us-court-of-appeals-35-pg-decision.pdf

Works Cited
Bentham, Jeremy. excerpts from An Introduction to the Principles of Morals and
Legislation The Principle of Utility Pp. 313-330 in British moralists, 1650-1800.
Oxford, Clarendon Press,c1969.
Cronin, Melissa. "SeaWorld Earnings Drop In Fourth Quarter Amid "Blackfish" Backlash
[Updated]." The Dodo. N.p., 13 Mar. 2014. Web. 10 June 2014.
<https://www.thedodo.com/seaworld-earnings-drop-in-four-464225277.html>.
Freeman, R. Edward. 2011. Managing for Stakeholders Pp. 57-68 in Ethical theory and
business. Upper Saddle River, N.J.: Pearson/Prentice Hall.
Friedman, Milton. 1970. The Social Responsibility of Business Is to Increase Its Profits.
New York Times Magazine (Sept. 13).
Kant, Immanuel. "Right Actions Conform to Universal Laws" Passage from Ordinary
Rational Knowledge of Morality to Philosophical. Pp. 61-71 in Groundwork of the
metaphysic of morals trans. H. J. Paton. Harper & Row: Harper Torchbooks, c1964.
Kuo, Vivian. "SeaWorld appeal of OSHA citations denied." CNN. Cable News Network, 13
Apr. 2014. Web. 13 June 2014. <http://www.cnn.com/2014/04/11/us/seaworld-ruling/>.
Pepelko, Kristina . "SeaWorld Feels the Pain Stocks Sold, Performances Cancelled."One
Green Planet. N.p., 19 Dec. 2013. Web. 10 June 2014.
<http://www.onegreenplanet.org/news/seaworld-feels-the-pain-stocks-soldperformances-cancelled/>.
PETA, That's. "PETA takes on SeaWorld, by buying its stock." CNNMoney. Cable News
Network, 24 Apr. 2013. Web. 10 June 2014.
<http://money.cnn.com/2013/04/24/news/companies/seaworld-peta/>.
Visser, Nick. "SeaWorld Loses Appeal Of Ruling On Death Of Orca Trainer Dawn
Brancheau." The Huffington Post. TheHuffingtonPost.com, 11 Apr. 2014. Web. 9 June
2014. <http://www.huffingtonpost.com/2014/04/11/seaworld-orcatrainer_n_5133706.html>.

SeaWorld vs. OSHA U.S. Court of Appeals

http://theorcaproject.files.wordpress.com/2014/04/seaworld-vs-osha-us-court-of-appeals-35-pg-decision.pdf