this? Was it the right thing to do? 1. Ethics: standards of behavior that tells us how 1. Legal vs Ethical 8. Characteristics of moral standards: human being ought to act in the many situations “All that is legal is not necessarily ethical; all that a. Involved with serious injuries or benefits in which they find themselves. is ethical is not necessarily legal.” b. Not established by law 2. Ethics: study of standards of behavior which c. Preferred to other standards including promote human welfare and the good self interest a. Business Ethics: study of standards of d. Felt to be universal business behavior which promote e. Based on impartial considerations human welfare and the good f. Associated with special emotions and 3. Ethics is about: vocabulary (shame, remorse) a. How we behave, about the standards we 9. Business Ethics: specialized study of moral right hold ourselves to and wrong as applied to business institutions, b. How we treat each other, even those we organizations and behavior don’t know Note: The “legal” line keeps moving up, as laws 10. Kind of issues in business ethics 4. Ethics is: catch up with ethics and get stricter. a. Systemic (economic, political, legal..) a. Not just feelings or conscience b. Corporate (a particular organization) CASE: Merck & Co.: River Blindness b. Not the same as religion c. Individual (a particular individual or (Page 4,5,6) c. Not just following the law individuals) d. Not following “what everyone does” Brief: 11. Sort issues first (into systemic, corporate, e. Not technology or science – what can be individual), before attempting analysis as the Disease affecting 18 m poor people in Africa done solutions may vary and Latin America 5. Ethics is: a. How we act as individuals CASE: B F Goodrich: Brakes for USAF o Bite of the black fly transfers parasitic b. How we structure our organizations and (Page 8,9,10,16) worm their work o Lesions and itching; finally, blindness Issue: Employees pressured into writing false o Treatment expensive; out of reach c. How we structure our society, our laws, reports, clearing badly-designed brakes system for 1979: Merck & Co.’s animal drug Ivermectin our systems A7-D airplanes; pilots’ lives endangered ($300m sales/year) found to be effective for 6. Business Ethics is: a. How we act as individuals in business Resolution: river blindness – low cost, safe b. How we structure our business Systemic: Dept of Defense changes the way $100 m required to research, test and launch organizations and the way they work equipment is tested; makes it harder to submit false for human version; no guarantees it will c. How we structure our business society, reports. succeed. our laws affecting business, our systems Corporate: Switch to safe design; replace defective o Affordability, reach issues 7. Ethics is also defined as the study of morality; an brakes “at no extra charge” o Could affect sales of Ivermectin investigation Individual: Employees quit; notify FBI of wrong-doing Co. not doing well; declining profits; project a a. Morality: standards an individual or risk group has about what is right and Dr. Roy Vagelos new to his position wrong; absorbed as children and 1980: Top management approves development modified subsequently budget for human version 1987: Mectizan developed; one pill a year d. Co. policies, culture and norms influence - Carol Gilligan: 3 levels (Care for eradicates parasite employees oneself/care for others (and neglect No buyers! Co. decides to give it free e. Ulitmately, employees choose to act in a self)/balance between oneself and 2004: Co. reaches 40 million people through particular way others) Govts. And NGOs f. “I followed orders” has limited validity. b. Lawrence Kohlberg: Addl. 20 million benefitted in preventing Does not completely eliminate i. 3 levels (2 stages in each level; elephantiasis responsibility second stage is more advances Chairman Dr. Roy Vagelos: (Seriousness of injury or wrong lessens and organized form of general o Only ethical choice: develop human mitigations) perspective of that level) version 6. Ethical relativism Level Stage 1 Stage 2 o People will remember and respond a. There are no ethical standards Preconventional Punishment Instrumental favorably in future i. That are absolutely true and and and Relative o Ethical actions have strategic long-term ii. That apply or should be applied Obedience Orientation advantages to companies and people of all Orientation Merck brought streptomycin to societies Conventional Interpersonal Law and Japan to eliminate TB; did not b. Should a company follow the principle- Concordance Order make money; but now largest “When in Rome, do as the Romans do?” Orientation Orientation American pharm co. in Japan - This is the best way a manager can Post Social Universal 2. “Over the long run and for the most part, ethical choose what to do because moral Conventional Contract Moral behaviour can give a company significant standards differ and there is no absolute Orientation Principles competitive advantages over companies that are standards of wrong or right. Orientation not ethical” c. If ethical relativism is wrong, then there c. Not everybody passes through all stages 3. “The good guy sometimes loses” are some moral standards that should d. “Doing ethics”- when you start 4. Ethics and corporate organizations: be applied to the behaviors of everyone examining standards critically a. Corporate organizations are morally (regardless of what society they live in) e. Studying ethics stimulates moral responsible for their acts in the same 7. Integrative Social Contracts Theory (ISCT) development sense that individuals are Framework 9. Moral Responsibility b. It makes no sense to apply moral terms a. Two kinds of moral standards (for a harm/injury/wrong) to organizations as a whole, but only to - Hypernorms: moral standards a. Morally responsible=To blame, not the individuals who make up the applicable to people in all societies moral obligation; responsible for injury organization - Microsocial norms: differ from one or wrong c. It is a collective responsibility. community to another; applicable only if b. A person is morally responsible (for 5. Corporations and individuals community accepts the norms injury or wrong) if a. Corporations and their actions depend b. Hypernorms take priority over i. Causality (person caused or on human individuals microsocial norms helped cause it; or failed to b. These individuals are the primary 8. Moral Development prevent it when (s)he could have carriers of moral duties and a. Two approaches and should have responsibilities - Lawrence Kohlberg: 3 levels (Pre- ii. Knowledge: Did so knowingly c. Corporations have moral duties and conventional, Conventional, Post- iii. Freedom: Did so of own free will responsibilities in a secondary sense conventional/autonomous) c. Person not morally responsible even if Case: Slavery in the chocolate industry who source cocoa ethically, brands who are involved any cone condition not met in this slavery of cocoa will feel the pressure of lost Systemic: d. Mitigating circumstances sales -Continuation of child slavery and societal i. Diminished active involvement -Option 2: Companies – if they sign the “Harkin – acceptance (not applicable if specifically Engel Protocol” and follow it. -Farmers unaware of market prices and absence of given responsibility – eg auditor) organized supply chain Session 4 ii. Uncertainty about facts or -Poor enforcement of existing laws, acceptance and circumstances 1. Ethical Standards (Utilitarian, Rights, corrupt systems iii. Threats or duress Fairness/Justice, Common Good, Care, Virtue -Use of lobbying e. Extent of mitigation depends on Approach) -Big 4 ducking their responsibility seriousness of wrong or injury 2. Utilitarian approach: one that produces greatest f. Rationalization (eg “Everybody does it”, Corporate: good and least harm for all affected entities: “Boss made me do it”) = Attempt to -Chocolate companies not following through on the customers, employees, shareholders, escape responsibility commitments community, environment -Use of lobbying 3. Rights approach: one that best protects and -Small firms could have helped resolve the issue respects moral rights (to live, not to be injured, Session 3 -Big 4 ducking their responsibility privacy...) of those affected -Big 4 paying lip service Rights imply duties – incl. respecting others’ Framework for ethical decision-making: rights Individual: 1. Recognize an ethical issue Non-humans also have rights (eg animals) -Farmers knowingly using children, parents allowing -Are ethical standards at risk? 4. Fairness or Justice approach: treat all human it -Will this fail the “smell test”? beings equally -Consumers continuing to eat chocolates 2. Get the facts if unequally, then fairly, based on some -No justified pays to the child laborers by the 3. Develop options for action defensible basis middlemen -Talk all affected parties 5. Common Good approach: actions should -Consult another person Who is morally responsible? contribute to the community 4. Evaluate options from various ethical, co. policy, -Farmers, African govts, Procurement Agents, Focus on welfare of everyone – esp. the legal and personal standards Processors (Cargill, Archer, Daniels, Callebaut), vulnerable -Utilitarian, Rights, Fairness or Justice, Common Chocolate Cos (Hershey, Mars, Nestle, Kraft), 6. Care approach: caring for well-being of those Good, Virtue approaches Importers/Distributors, Wholesalers/Retailers, near to us -Company policy US/Govt, Advertising agencies, Consumers, Parents – Particularly those dependent on us -Laws of the land all are responsible (causality, knowledge, freedom) 7. Virtue approach: basic alternative to other -Personal conviction and standards -Some parents are not morally responsible as they approaches; evaluates character rather than 5. Make a decision and test it did not know the children are being taken away. actions -Can you explain it to TV? To your mother? -The slave children were taken away hence they are Ethical actions should be consistent with ideal 6. Act on the decision not morally responsible. virtues (human beings at their best) 7. Reflect on the decision later Enables us to act according to the highest What should be done? Who has maximum -How did it turn out for all concerned? potential of our character impact/capability/opportunity? -Would you take the same decision again? Asks the questions, “What kind of a person will I -Option 1: Consumers – if we stop preferring brands become if I do this?” 8. Ethical standards: Some reflections 10. Ethical rules governing contracts stakeholders at the expense of a. Utilitarian: Appropriate when deciding a. Both parties have full knowledge of shareholders on limited but vulnerable resources; agreement high reliance on measurements, b. Neither party intentionally estimates and comparisons misrepresents facts Session 5 -How to measure life, love, freedom, c. Neither party enters contract under health, beauty duress or coercion 1. Business ethics and CSR -Impact on “Rights” and “Justice”; d. Contract must not bind parties to a. Business ethics is a part of corporate unequal distribution of benefits and immoral act social responsibility burdens -Being ethical is one of the obligations Contract violating any one condition is companies owe to society -Impacted people not consulted considered void b. CSR: Larger and more inclusive concept b. Justice: Generally carries more weight than utilitarian 11. Integrated approach -Ethical obligations -If societal gains “sufficiently large”, a. Incorporate all approaches to reasoning -Legal obligations some injustice “may be tolerated” b. Assess which principle(s) more relevant -Economic contributions c. Rights: Moral rights of some cannot be or applicable to that situation -Discretionary or philanthropic sacrificed for others’ benefit c. No universal rule available contributions -Correcting “extreme injustices” may d. Criteria are “rough, intuitive” c. Ethics provides “normative” reasons for justify restricting some rights 12. Corporate Social Responsibility CSR d. In general: a. Business ethics and CSR not the same- 2. Making CSR meaningful -Moral rights have greater weight than but related a. Deeply integrate external engagement Utilitarian or Justice b. CSR: Corporation’s obligation towards into strategy and operations -Justice carries greater weight than society Make CSR part and parcel of everyday Utilitarian c. Shareholder View (Milton Friedman) business -Caring carries greater weight than -Co.’s only responsibility is to make as b. How? impartiality when it comes to much money as possible (legally and -Define what you contribute dependents ethically) for its owners/shareholders -Know your stakeholders (not just 9. Rights and duties -Managers have no right to spend on customers) social causes if that does not result in -Apply world-class management more profits techniques to CSR d. Stakeholder Theory (Freeman and Reed) -Engage radically -Co. should be run for benefit of all stakeholders (Customers, employees, community, stockholders…) Session 6 -Managers should balance interests of 1. Degrees of Competition stakeholders a. Perfect Competition -Each stakeholder should get “fair share” -Free market of benefits -No buyer or seller can affect prices -Rejects Friedman’s view that resources should not be used to benefit other -Free entry/exit b. “Antitrust” view 3. Environmental costs and remedies: Possible -No external regulator -Break up large corporations into small approaches b. Oligopoly cos. a. “Social audit” = Report of social costs -Small no. of large players c. “Regulation” view and benefits -Together can somewhat influence -Regulatory agencies and laws required -Issue: Not possible to measure impacts prices to control large cos. accurately in all cases c. Pure monopoly d. Conclusion: Ethical rules prohibiting -Risk assessment not precise -single firm collusion need to be followed voluntarily b. Utilitarian approach may violate moral -only seller or legally enforced rights (eg benefits from nuclear plant vs -new firms barred from entry disposal of nuclear waste) 2. Monopoly competition c. Possible alternatives to utilitarian a. Characteristics: Session 7 approach -One seller (not many) -Choose option that carries no risk of -High entry barriers (free entry not 1. Threats to environment irreversible damages possible) a. Pollution -Identify most vulnerable segments (if -Qty. below equilibrium i. Air things go wrong); protect them -Price above equilibrium -Global warming -Assume worst will happen; choose -Can extract monopoly profit -Ozone depletion option that leaves us best off when b. Justice, Utility, Rights- not met -Acid rain worst happens (“maximin rule” of c. Statistical Data: Monopoly firms seek -Airborne toxics probability) monopoly profits, unless restrained -Air quality 4. Ecological ethics (or) Deep ecology and d. Producer is king- not the customer ii. Water Sustainability 3. Oligopolistic competition iii. Land a. Ecological ethics: “Non-human parts of a. Unethical practices -Toxic substances the environment deserve to be -Price fixing -Solid wastes preserved for their own sake, regardless -Manipulation of supply -Nuclear wastes of whether this benefits human beings” -Exclusive dealing arrangements b. Resource depletion b. Duty to recognize and preserve the -Typing arrangements i. Species & Habitats ecological systems within which we live -Retail price maintenance ii. Fossil fuels (“Hubbert Curve”) c. Sustainability: The capacity something (a -Price discrimination iii. Minerals thing, a quality, an activity, a system…) 4. Oligopolies and public policy 2. Worlds in collision has, to continue to function into the a. “Do nothing” view future -Power of large oligopolies not as large 5. Ecological ethics as it appears a. Bolivia: “Law of Rights of Mother Earth” -Large corporation balanced out by -Grants rights equal to humans to all other large corporations or entities (eg nature govt, union) b. 11 new rights to nature, including -Big is good in a globalizing world -right to life and to exist -right to continue vital cycles and processes free from human alteration -right to pure water and clean air 3. Internet Ethics in the following contexts: demands for more safety -right to balance a. Human relations -Consumers will indicate preference by -right not to be polluted b. Role of social media paying more -right to not have cellular structure c. Net neutrality b. Issues modified or genetically altered the idea that the controllers of the -Consumers do not have full and perfect -right of nature “to not be affected by pipelines of the internet will not be able information mega-infrastructure and development to pick and choose between the kinds of -Consumers irrational and inconsistent projects that affect the balance of content that’s available, that everything when choosing ecosystems and local communities” will be able to flow freely -Many markets are monopolies or 6. Ethics of conservation of depletable resources d. Access to the internet (or lack of it) oligopolies a. Justice to future generations e. Privacy 6. Ethical duties of manufacturers: 3 theories -John Rawls: Leave the world no worse Personal data being collected and stored (Contract view, Due care view, Social costs view) than we found it and used in a variety of ways that 7. Contract view: -“Care”: Leave the immediately they’re not really aware of a. Relationship essentially contractual; succeeding generation a world not f. Big Data firm’s moral duties are those created by worse than that we received collection and analysis of big data, which contract -Robin Attfield: Leave the world as raises fascinating ethical questions b. Secondary moral constraints to a productive as we found it about who or what the data is being contract collected about -Both parties have full knowledge -Neither party intentionally These contexts can be inter-connected. Session 8 misrepresents facts 4. Internet Ethics and Artificial Intelligence (AI) -No duress or undue influence from 1. What is Internet Ethics? a. Complex and rapidly changing either side Basically refers to the analysis of the role that technology-proceed with caution c. 4 moral duties of business the internet plays in what philosophers call the b. Law will always struggle to catch up; -Comply with contract development of the good life- the kind of life may not be a good guide -Disclose nature of product that we want for ourselves, for society over all, c. Understand technology fully before -Avoid misrepresentation the kinds of people we want to be deployment -Avoid duress and undue influence 2. Internet Ethics: Stakeholders d. Form your own code of ethics (based on d. Problems: virtue ethics, rights and common good) -Manufacturers do not always have especially taking care of the vulnerable direct agreements with consumers e. Be transparent-keep customer fully (indirect relationship exists) informed -Disclaimers can nullify all contractual 5. Markets and consumer protection duties of manufacturer a. “Market approach” to consumer -Buyers and sellers are not equal protection (Manufacturers have more knowledge) -Consumer safety is a “good” e. Caveat emptor: Buyer beware -Best provided by free market 8. Due care view: mechanism a. Manufacturers in advantaged position -Producers will respond to consumer b. Have duty to take special care of 1. Responsibilities of the Board c. Communicate Policy (Multiple occasions, consumers’ interests a. Setting corporate strategy, overall reinforcement) -Design direction, mission, vision d. Encourage dialogue (Increase -Production b. Hiring / firing CEO and top management ownership) -Information c. Controlling, monitoring, supervising top e. Come down hard on cynicism c. Caveat vendor: Let the seller take care management f. Set example from top d. Problems: d. Reviewing and approving use of g. Circulate among customers and -Defects/problems emerge after many resources suppliers years; manufacturer himself did not e. Caring for shareholder interests h. Establish Ethics Hotline know f. Ensure conformance with laws; exercise i. Take swift action -Paternalistic assumption: Consumer not “due care” j. Review and update Policy regularly capable of taking important decisions “Direct the affairs of corporation but not (on safety) manage them. 9. Social costs views a. Manufacturers should pay for costs of all Session 11 2. Board of Directors Continuum injuries caused by product-even if due 1. Corporate Governance care has been exercised a. “Relationship among shareholders, top b. Leads to legal doctrine “strict liability” management and Board of Directors in c. Problems: determining the direction and -Unfair to manufacturers (unforeseen, performance of the corporation” not preventable) 2. Corporation fundamentally governed by BoD -Unfair to consumers if costs are passed overseeing top management, with concurrence on of shareholders -Encourages carelessness among 3. What can the Board do? consumers a. “Hire and fire the CEO” – Pick the right -Leads to expensive litigation and person! compensation (eg, hot coffee) b. Ask questions 10. Crisis management: Best practices c. Develop relationships with people a. Get the facts d. “Noses in, hands off” b. If issue exists, admit it e. “Expect” vs. “Inspect” c. Provide immediate short-term fix f. Red flags: (Strange) numbers, decisions d. Identify root cause(s) inconsistent with values... e. Implement corrective action 4. Ethics and Governance: Not global frontier for 3. Board’s role in corporate ethics f. Publish updates India Inc. a. Power tends to corrupt. Hold the CEO g. Put customer first a. Formulate Ethics and Governance Policy accountable. h. Communicate, communicate (Discussions, benchmarking, plain b. No inverse relationship between language) c. profits and ethics. b. Publish Policy – with Code of Conduct d. Board can’t change CEO’s character. (Examples, cases, user-friendly) Session 10 4. Ethics & the manager’s “mind map” d. Regulators’ response -Speedy investigation and prosecution -Continuity of business -Laws to evolve to keep up with changing business climates and culture and technology
Session 12
1. Seven signs of ethical collapse
a. Pressure to maintain number b. Fear and silence c. Young ones and iconic leaders d. Weak Boards 5. Issues and corrective actions e. Culture of conflict of interest a. Governance: f. Innovations like no other -Active Boards and Audit Committees g. Goodness (elsewhere) as rationale (“Gate-keepers”) 2. The way forward -Separation of Chairman and MD a. Stricter regulatory environment -Process for appointment of -FCPA enforcement independent directors -Bribery Act 2010 (UK) -Professional code of ethical conduct -Sarbanes-Oxley Act (SOX) -Strengthening whistleblower protection -Companies Act 2013 b. Auditor Independence b. Setting up ethics systems -Eliminate conflict of interest (through c. Exhortation and compliance not non-audit services) adequate -Mandatory rotation of audit firms d. The way forward: A culture of ethical -Mandatory rotation of lead audit business partner -Dual audit / joint audit -Auditors hired by insurance firms (which insure financial statements) -Stronger internal controls (in global audit firms) -Audit the auditor c. Leadership qualities/DNA/Culture -CEO selection and evaluation by Board -Ethics systems -“Walk the talk”