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Courseware from the course on Business Ethics that I taught at St. Joseph\'s College of Business Administration in 2009
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Business Ethics Tathagat Varma
Session 8/12: 03-‐Sep-‐09
Ethical Decision Making and Corporate Governance
• Too oDen, it is assumed that individuals in organizaHons make ethical decisions in the same way they make ethical decisions at home, in their family or personal lives. Within the context of an organizaHonal work group, however, few individuals have the freedom to decide ethical issues independently of organizaHonal pressures.
Ethical Issue Intensity • The first step in ethical decision making is to recognize than an ethical issue requires an individual or work group to choose among several acHons that various stakeholders inside or outside of the firm will ulHmately evaluate as right or wrong. The intensity of an ethical issue related to it perceived importance to the decision maker.
• Ethical issue intensity, then, can be defined as the relevance or importance of an ethical issue in the eyes of the individual, work group, and/or organizaHon.
• It is personal and temporal in character to accommodate values, beliefs, needs, percepHons, the special characterisHcs of the situaHon, and the personal pressures prevailing at a parHcular place and Hme.
Ethical… • Ethical Issue Intensity reflects the ethical sensiHvity of the individual or work group
that faces the ethical decision-‐making process. Research suggest that individuals are subject to six “spheres of influence” when confronted with ethical choices and that the level of importance of each of these influences will vary depending on how important the decision maker perceives the issue to be: – Workplace – Family – Religion – Legal system
– Community – Profession
• AddiHonally, the individual’s sense of the situaHon’s moral intensity increases the individual’s percepHveness regarding ethical problems, which in turn reduce his or her intenHon to act unethically.
• The perceived importance of an ethical issue has been found to have a strong impact on both employees ethical judgment and their behavioral intenHon. The more likely individuals are to perceive an ethical issue as important, the less likely they are to engage in quesHonable or unethical behavior. Therefore, ethical issue intensity should be considered a key factor in the ethical decision process.
OrganizaHonal Factors • Research has established that in the workplace, the organizaHon’s values oDen have greater influence on decisions than do a person’s own values.
• Although people outside the organizaHon, such a family members and friends, also influence decision makers, an organizaHon’s culture and structure operate through the relaHonships of its members to influence their ethical decisions.
Corporate Culture • Corporate Culture includes the behavioral pa_erns,
concepts, values, ceremonies, and rituals that take place in the organizaHon. It gives the members of the organizaHon meaning as well as the internal rules of behavior. When these values, beliefs, customs, rules and ceremonies are accepted, shared and circulated throughout the organizaHon, they represent its culture.
• An important component of corporate, or organizaHonal, culture is the company’s ethical climate. Whereas corporate culture involves values and rules that prescribe a wide range of behavior for organizaHon members, the ethical climate reflects whether the firm also has an ethical conscience. Thus, the ethical climate of a corporaHon’s culture can be thought of as the character or decision process employees use to determine whether their responses to ethical issues are right or wrong.
Corporate… • The more ethical employees perceive an organizaHon’s culture to be, the less likely they are to make unethical decisions.
• If a firm’s culture encourages or rewards unethical behavior, its employees may well act unethically.
• If the culture dictates hiring people who have specific, similar values, and if those values are perceived as unethical by society, society will view the organizaHon and its members as unethical.
• An organizaHon’s failure to monitor or manage its culture may foster quesHonable behavior.
Framework for Org. Culture
Concern for People
High Caring IntegraHve Low ApatheHc ExacHng
Low High Concern for Performance
Framework… • ApatheHc Culture shows minimal concern for either people or
performance. In this culture, individuals focus on their own self-‐interests. ApatheHc tendencies can occur in almost any organizaHon.
• The Caring culture exhibits high concern for people but minimal concern for performance issues. From an ethical standpoint, the caring culture seems to be very appealing.
• In contrast, the exacHng culture shows li_le concern for people but a high concern for performance; it focuses on the interests of the organizaHon.
• The integraHve culture combines high concern for people and for performance. An organizaHon becomes integraHve when superiors recognize that employees are far more than interchangeable parts – that employees have an ineffable quality that helps the firm meet its performance criteria.
• Companies can classify their corporate culture and idenHfy its specific values, norms, beliefs and customs by conducHng a cultural audit, which is an assessment of the organizaion’s values.
OrganizaHonal Culture Ethics Audit • Has the founder or top management of the company leD an ethical
legacy to the organizaHon? • Does the company have methods for detecHng ethical concerns within
the organizaHon and outside it? • Is there a shared values system and understanding of what consHtutes
appropriate behavior within the organizaHon? • Are stories and myths embedded in daily conversaHons about
appropriate ethical conduct when confronHng ethical situaHons? • Are codes of ethics or ethical policies communicated to employees? • Are there ethical rules or procedures in training manuals or other
company publicaHons • Are there penalHes, that are publicly discussed, for ethical
transgression? • Etc…..
Significant Others • Those who have influence in a work group, including peers, managers, coworkers, and subordinates, are referred to as significant others.
• Numerous studies conducted over the years confirm that significant other within an organizaHon have more impact on a worker’s decisions on a daily basis then any other factor
Opportunity • Opportunity describes the condiHons in an organizaHon that limit or permit ethical or unethical behavior. Opportunity results from condiHons that either provide rewards, whether internal or external, or fail to erect barriers against unethical behavior.
• Opportunity relates to individual’s immediate job context – where they work, whom they work with, and the nature of the work.
• The opportunity employees have for unethical behavior in an organizaHon can be eliminated through formal codes, policies, and rules that are adequately enforced by management.
Corporate Governance • To remove the opportunity for employees to make unethical decisions, most companies have developed formal systems of accountability, oversight and control – knows as Corporate Governance. – Accountability refers to how closely workplace decisions are aligned with a firm’s stated strategic direcHon and its compliance with ethical and legal consideraHons.
– Oversight provides a system of checks and balances that limit employees’ and managers’ opportuniHes to deviate from policies and strategies and that prevent unethical and illegal acHviHes.
– Control is the process of audiHng and improving organizaHonal decisions and acHons.
Elements of Corp Gov • Board of Directors – For public corporaHons, BoD hold the ulHmate responsibility for their firms’ success or failure, as well as for ethics of their acHons.
– Board members have fiduciary duty, meaning they have assumed a posiHon of trust and confidence that entails certain responsibiliHes, including acHng in the best interests of those they serve.
• ExecuHve CompensaHon
Ethical Rankings • Covalence publishes annual and quarterly ethical rankings
covering 541 companies within 18 sectors. > Universe. • Covalence Ethical Ranking Q2 2009 has been published on
16 July 2009. • Leaders Across Sectors:
1. IBM 2. Intel Corp 3. HSBC Holdings 4. Marks & Spencer 5. Unilever 6. Xerox 7. Cisco Systems 8. General Electric 9. Alcoa Inc 10. Procter & Gamble
Sector Leaders • Automobiles & Parts: Johnson Controls • Banks: HSBC Holdings • Basic Resources: Alcoa Inc • Chemicals: DuPont • ConstrucHon & Materials: Holcim • Financial Services: Goldman Sachs • Food & Beverages: Unilever • Health Care: GlaxoSmithKline • Industrial Goods & Services: General Electric • Insurance: Swiss Re • Media: Walt Disney Co • Oil & Gas: StatoilHydro • Personal & Household Goods: Procter & Gamble • Retail: Marks & Spencer • Technology: IBM • TelecommunicaHon: Vodafone • Travel & Leisure: Starbucks • UHliHes: PG&E Corp
IntroducHon • The methodology used by Covalence has been developed
since 2001. The outcomes – curves measuring the ethical reputaHon of mulHnaHonals, EthicalQuote – have been published since the beginning of 2004 on Covalence website as well as through various publicaHons.
• Covalence started by considering the challenges that come when assessing the ethical performance of mulHnaHonal enterprises (MNEs) in the modern world: – Limited means of direct observaHon – Restricted access to internal data – Social complexity, cultural diversity, ethical pluralism,
scienHfic uncertainty • To overcome these difficulHes, Covalence innovates by
using an informaHon system for quoHng the reputaHon of companies on ethical issues instead of a quesHonnaire-‐based raHng scheme. Using media monitoring and the Internet allow to capture numerous, diverse informaHon pieces that can be confronted in order to give a detailed, evoluHonary picture of how companies are perceived.
Concept • EthicalQuote is an informaHon system developed by Covalence. This online database measures the ethical reputaHon of mulHnaHonal companies. Considering the challenges, a choice was made to consider the company as a black box, focus on informaHon inflows and ouulows and then construct an image of how companies are perceived, following systemic theories.
• Covalence gathers informaHon from numerous and various sources without normaHve a priori, recognizing that the modern world is characterized by social complexity, cultural diversity, ethical pluralism and scienHfic uncertainty.
Concept… • This methodology is built around the noHon of exchange of
informaHon, rooted in the classical economic model of offer and demand. Each document is coded regarding its orientaHon towards the company’s behavior in ethical terms: “ethical demand” (informaHon on what the company should do for society) or “ethical offer” (informaHon on what the company does for society). Ethical demand refers to informaHon formulated by actors in public-‐interest organizaHons concerning the social or environmental consequences of a mulHnaHonal’s acHviHes (e.g. environmental impact of producHon). Ethical offer refers to corporate acHons taken by mulHnaHonals to deliver on such demands (e.g. eco-‐innovaHve product).
• Various documents coded as “ethical demand” or “ethical offer” are accounted and confronted, “offers” receiving + 1 and “demands” – 1. The EthicalQuote of companies emerges as a curve given by the cumulaHve addiHon of coded documents: when the curve is going up, the ethical reputaHon is improving, and vice versa.
Criteria • Covalence has conceived criteria for their capacity
to capture various informaHon on the contribuHon of mulHnaHonal enterprises to human development globally, with parHcular a_enHon paid to the needs and realiHes of developing countries.
• The 45 criteria have the following characterisHcs : – General legal framework consisHng of six major
internaHonal treaHes – Based on widely accepted principles, not on specific
ethical choices, to cope with diversity and pluralism – Capacity to cover changing aspects of companies’
operaHons – Capacity to cover diverse acHons led by stakeholders
and media coverage
Criteria… • The 45 criteria are classified into 4 groups: 1. Working condiHons; 2.
Impact of producHon; 3. Impact of product; 4. InsHtuHonal impact. • Legal references of criteria are: the Universal DeclaraHon of Human Rights,
the OECD Guidelines for MulHnaHonal Enterprises, the ILO DeclaraHon of Principles concerning MNEs and Social Policy, the Rio DeclaraHon on Environment and Development, the agreements of the World Summit for Social Development, the UN Global Compact, and the UN Millenium Goals.
• The criteria should be seen as open boxes allowing to store and organize informaHon on a barometer, case-‐by-‐case basis. They do not carry ethical judgments in themselves.
• Covalence criteria are not sector-‐specific. Rather, they are designed to cover any mulHnaHonal company and to allow cross-‐sector comparisons. For each criteria, relevant documents found are accounted and coded regarding their orientaHon, which gives them a posiHve or negaHve sign. The ladder is open. For one parHcular company / industry, certain criteria will be “filled” with many documents, accounHng many points, while other will remain empty. For another company / industry, different criteria will be highly solicited. This reflects reality: certain issues are widely covered by acHvists, enterprises and the media while others remain in the shadow.
Detailed Criteria List • Working CondiHons • Impact of ProducHon
• Impact of Product
• InsHtuHonal Impact
Working CondiHons 1. Labor Standards: Labour standards covers labour issues taking place within the
company. It is inspired by the ILO DeclaraHon on Fundamental Principles and Rights at Work, dealing with freedom of associaHon and the effecHve recogniHon of the right to collecHve bargaining; the eliminaHon of all forms of forced or compulsory labour; the effecHve aboliHon of child labour; and the eliminaHon of discriminaHon in respect of employment and occupaHon.
2. Wages: Wages looks at how the company manages the level of wages paid to employees and execuHves.
3. Social Benefits: Social Benefits looks at measures taken internally or externally by the company regarding social benefits and advantages for employees and families.
4. Training and InserFon: Training and inserHon looks at how the company takes measures regarding training employees, conHnued formaHon, stabilisaHon of jobs and social plans in case of lay-‐offs.
5. Women: Women describes working condiHons for women and the coordinaHon of professional and private life.
6. External Working CondiFons: External working condiHons, covers working condiHons outside the analyzed company. It pertains to the working condiHons of its suppliers, subcontracters and other professional partners, and the measures the company has taken to improve upon them.
Impact of ProducHon 7. Sales: Sales describes where a company sells its products / services and how
these sales benefit people and the environment. 8. Links with Official Development Aid: Link with official development aid highlights
when a company collaborates with, or benefits from, a governmental development aid program.
9. Export Risk Guarantee: Export risk guarantee describes a situaHon when a government covers the risks taken by a naHonal company invesHng abroad
10. InternaFonal Presence: InternaHonal presence describes the impact of the company's foreign direct investments and related policies. More broadly, it deals with how the internaHonal presence of a company is perceived. When details are lacking, criteria 10 is used to express a general feeling, posiHve or negaHve, about a company's presence in foreign countries.
11. Joint Ventures: Joint ventures receives informaHon about mulHnaHonal companies invesHng together with local investors to create a new company and the economic, social and environmental of such joint ventures.
12. Economic Impact: Economic impact of producHon deals with how a company's investments influence local industries in terms of job creaHon, access to markets, compeHHon, economic growth.
13. Social Impact: Social impact receives informaHon on how the company's operaHons influence the implementaHon of local laws relaHng to social areas c.f. social protecHon, public health, employee relaHons or fiscal relaHons.
Impact of ProducHon… 14. Job Stability: Job stability looks at the turn-‐over of the company's
employees n the different countries / regions where it is acHve. 15. Local Employees: Local employees looks at the number and the
proporHon of local employees in the company in the different countries / regions where it is acHve.
16. Local ExecuFves: Local execuHves looks at the number and the proporHon of local execuHves in the company in the different countries / regions where it is acHve.
17. Women Employed: Women employed looks at the proporHon of women among the company's employees and among the company's execuHves.
18. Downsizing: Downsizing is used to code informaHon that relates to factory closures, the transfer of producHon to another country, and measures taken to minimize negaHve social effects of such decisions.
19. Infrastructures: Infrastructures describes when a company is (co-‐) financing public infrastructures in a country where it is invesHng.
20. Local Sourcing: Local sourcing highlights when a company is buying / sourcing directly to a local producer, farmer.
21. Stability of Prices: Stability of prices describes how a company manages prices of raw materials on internaHonal commodity markets (not direct sourcing).
Impact of ProducHon… 22. Technical Assistance: Technical assistance highlights when a company
transmits skills, knowledge, technologies to another company / partner. 23. Intellectual Property Rights: Intellectual property rights describes how a
company manages its own intellectual propriety rights vis-‐à-‐vis other companies and countries. Has the company taken measures that promote human and economic development, the protecHon of biodiversity, respect of tradiHonal knowledge and local natural resources, for example through research & development, voluntary licenses, agreements, cooperaHon with research insHtutes and local communiHes?
24. Local InnovaFon: Local innovaHon highlights when a company helps another company to develop a new product.
25. Fiscal ContribuFons: Fiscal contribuHons looks at the following quesHons: Does the company pay taxes ? Where ? How much? What can the company say about its fiscal relaHons policy ? How can the company assess the impact of its fiscal contribuHons to local economic and social development ?
26. Environmental Impact: Environmental impact of producHon is used to categorize informaHon that relates to how a company's producHon acHviHes are impacHng the environment, nature and biodiversity.
Impact of Product 27. Product Human Risk: Product human risk describes when a product or
service is perceived to be risky to man or nature and when a company reduces such risks.
28. Product Social UFlity: Product Social UHlity serves to describe when a company offers, or is being asked to provide, products or services that respond to needs related to human, social and economic development.
29. Product RelaFon to Culture: Product relaHon to culture describes the relaHon between a product and a culture: how a product valuates culture and tradiHons?
30. Socially InnovaFve Product: Socially innovaHve product reflect communicaHons regarding the research & development (R&D) of products or services that present a parHcular interest for responding to human needs and contribuHng to economic and social development.
31. Product Environmental Risk: Product Environmental Risk reflects communicaHons found about a product or service described to be risky to nature, the environment and biodiversity by itself or by its implicaHons. It also reflects measures taken by companies to minimize such risks.
InsHtuHonal Impact 37. Social Sponsorship: Social sponsorship pertains to informaHon about a
company's donaHon of money or goods to an external organizaHon in the pursuit of social or environmental objecHves.
38. AnF-‐CorrupFon Policy: AnH-‐corrupHon policy covers material presenHng how companies are acHng, or failing to act, against corrupHon.
39. Humanitarian Policy: Humanitarian policy describes how a company behaves in and about emergency situaHons such as wars, civil wars and natural disasters.
40. Human Rights Policy: Human Rights Policy is used to code informaHon that pertains to how a company deals, or should deal, with the respect for, and promoHon of human rights, internally and externally. In addiHon, it is used to code informaHon that relates to how the company deals, or should deal, with governments and their individual human rights policy.
41. RelaFons with United NaFons: United NaHons Policy describes how a company discusses and collaborates with programmes or agencies of the United NaHons, or UN-‐supported projects, such as the Global Compact, UNEP, UNDP, the Global ReporHng IniHaHve, etc.
InsHtuHonal Impact… 42. Boyco^ Policy: Boyco_ Policy describes how a company
deals with calls to boyco_ certain countries and governments because of the human rights situaHon.
43. Social Stability: Social stability describes when a company helps, or fails to help, promote local social stability in a community where it is acHve. A company may do this by offering training, subsidies, or by engaging in some other means of direct involvement in ma_ers related to educaHon, health, the environment, security.
44. Support to PoliFcal Actors: Support to PoliHcians compiles informaHon describing relaHons of a company with poliHcal actors, such as financial support.
45. Lobbying PracFces: Lobbying PracHces covers material describing lobbying acHviHes of companies: acHviHes aiming at influencing decisions taken by governments at the naHonal and internaHonal levels.
Ethical Business Cultures
• Dimensions of Ethical Business Cultures: Comparing Data from 13 countries of Europe, Asia, and the Americas
Means and Standard DeviaHons
Homogeneous subsets for select survey items
InternaHonal Context • Return of Ethics h_p://www.forbes.com/2009/07/21/business-‐culture-‐corporate-‐ciHzenship-‐leadership-‐ethics.html?partner=whiteglove_google