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Ethics: Why They Are Important, Why We Hate to Talk About Them, and What To Do About Them
NASACT
November 3, 2004
Professor Marianne M. Jennings
2
Why the Focus on Ethics?
Why Does Ethics Have Such a Bad Reputation?
How Do I Resolve Ethical Dilemmas?
Why the focus on ethics?
Part I
4
1. It hurts and it costs when ethics fall short
5
Examples of Fall-Out When Ethics Fall Short
Clark County, Nevada N.J. and the stock deals Darlene Druyun and Boeing Illinois, Ryan and contracts Bruce Babbitt Robert Citron and Orange County The Assessor and the Property Owner List Stadium Site and the FAA NASA and O-rings and Space Shuttles
6
2. The State of Ethics Is Not So Great
74% of high school students cheated on an exam in the last year (61% in 1992); 45% said they did it at least twice in the last year
93% lied to their parents in the past year; 79% say they lied twice
78% have lied to their teachers 37% said they would lie to get a job 38% took something from a store in the last year
Josephson Institute 2002
7
Thoughts on cheating per high school students
“Students who cheat do so on their own terms. Of course there has been no penalty, but they know there is a risk, and apparently it seems like it’s worth taking.”
“Just about everyone is cheating in some way or another. It is a common thing among society that is seemingly accepted.”
8
Thoughts on cheating from a high school teacher
“Cheating is done on a daily basis and there is little effort to curb it. Kids will ditch class by having their parents excuse them during the period they are to take a test, and then the kids find out from their friends what is on the test. Kids can then take the test the next day. . . . The new camera cell phones are now being used to take pictures of tests and also they are using instant messaging to cheat.”
9
3. The State of Ethics in College
70% have cheated at least once on a test
87% have cheated on written work 52% have copied work from others 56% have plagiarized Rutgers University survey
75% have cheated in college in some way
Center for Academic Integrity, Duke
10
Thoughts on cheating from college students
“If people can lie and get away with it, good for them.”
“Honestly, I would probably do nothing.”
[response of students to hypothetical asking what action they would take if they learned an executive of their company had lied under oath]
11
Ethics at Work
76% of employees in business have observed a high level of illegal or unethical conduct at work in the past 12 months
49% of employees in business have observed misconduct that, if revealed, would cause their firms to “significantly lose public trust”
- KPMG 2000 Organizational Integrity Survey
12
Most Ethically Vulnerable Area at Work - IT
100% of IT employees say they have lied at work in the past year
Some IT Tidbits 60% of all online purchases are done during the
hours from 9 AM to 5 PM 70% of all pornographic site visits are made
during those same hours Only 10% say they use work computer to visit
porn sites
13
State of Ethics
MOST (65%) DON’T REPORT 96% feared being accused of not being a
team player 81% feared corrective action would not be
taken 68% feared retribution from their
supervisors (Society of Human Resource Managers, 1999)
14
State of Ethics
None thought their ethical standards were lower than those of their peers in their organization (1%)
15
3. Fear – You Will Be Caught
The Fish Bowl Existence of Government
Congressman J.D. Hayworth and the forged signature on the re-election petition
FTC, Time Warner and the memoGood intentions are not a substitute for goodactions.
M.M. Jennings
16
The Newspapers and Revelations
The Laws of Probability Do Not Apply When it Comes to the Surfacing of Unethical or Illegal Conduct
If one person knows . . . Three people can keep a secret if two are dead.
Hell’s Angels’ motto (borrowing from B. Franklin)
17
Truth and Its Percolating Quality
Lying is good. It’s the only way we ever get at the truth.
Dostoevsky
Circumstances beyond your control will cause bad acts to be discovered.
Anonymous
18
Despite the odds, ethical risk-takers abound. . .
•The city truck and the beer stop•The council man and the threats•The assistant fire chief and the contracts•The art museum director and employees•The museum and the audit
Truth Percolates Like a Natural Force
19
Examples of the Risk-Takers
Zoe Baird and Kimba Wood Henry Cisneros Fife Symington Scottsdale School District and the bids The government witness in the Martha Stewart
trial“It’s not the first mistake the gets you. It’s the
second, the cover-up, that will.”M. M. Jennings
20
4. The Role of Ethics in Maximizing the Potential of Individuals and Organizations: Reputation
The Baggage-Free Existence The Marathon vs. The Sprint The Meteorites with Success: Judge Stephen Miretti and the Vegas Connection
Always tell the truth. That way you don’t have to remember anything.
Mark Twain
21
4. Ethics and Reputation
A reputation, good or bad, is tough to shake.
Richard Teerlink
Former CEO, Harley-Davidson
A bad reputation is like a hangover. It takes a while to get rid of, and it makes everything else hurt.
James Preston
Former CEO, Avon
22
The reputation of a thousand years is determined by the conduct of one hour.
Japanese Proverb
What goes around comes around. M.M. Jennings’ Grandmother
Ethics and Reputation
23
5. Ethics and Leadership
Leadership is the ability to see around corners
Leadership is the ability to see the problem before others
Leadership is the ability to fix the problem before it becomes a headline
24
Social/Regulatory/Litigation Cycle
Opt
ions
TimeLatency Awareness Activism Regulation/Litigation
Public
Moves
the
Cycle
25
6. Ethics as a Management Tool- Morale
Motto 1: “Let’s get out there and not break the law today.” (Compliance and code adherence)
Motto 2: “Let’s aim for no ill-will among employees, suppliers, citizens and observers.”
26
7. Ethics and Liability
You don’t make legally incorrect turns if you make ethically correct choices.
The Could vs. Should Issue Jurassic Park ethics
There is a big difference between what we have a right to do and what is right to do.
Justice Potter Stewart
27
Avoid Jurassic Park Ethics
Could I do this? -- The Codified Society
Legalisms, litigiousness and its costs
Should I do this? -- The Ethical Society
28
--Ethics and Conscience
It’s the Right Thing to Do
Trust as the basis for all organizations, systems and relationships
29
8. Ethics and Trust
The Interdependence of Government, Business, Citizens and Ethics
30
The Interdependence of Trust, Business, and Government
Relationships
Customers
Government
Investors RegulationFairness
Business
31
Corruption Perception Index (Transparency, Int’l 2002)
Least Corrupt Finland Denmark New Zealand Iceland Singapore Sweden Canada Luxembourg Netherlands United Kingdom Australia Norway Switzerland Hong Kong Austria USA
Most Corrupt Bangladesh Nigeria Paraguay Madagascar Angola Kenya Indonesia Azerbaijan Uganda Moldova Haiti Ecuador Cameroon Bolivia Kazakhstan Vietnam
32
Martha Stewart, ImClone and Omnimedia and Ethics
Dec. 27, 2001 – Martha’s sale of ImClone shares ($229,002)
If she had sold the shares after FDA problems with ImClone announced: $189,495
Overall savings for Martha: $39,507
33
Martha’s Omnimedia shares Martha Stewart Omnimedia: Every $1 drop in share price cost
Martha $30 million Dec. 27, 2001: $70 per share June 25, 2002: $13.60 November 25, 2002 : $5.26 October 10, 2003 : $9.86 December 19, 2003: $9.11 March 5, 2004 (pre-verdict) -- $12.52 March 5, 2004 (trading halted after verdict) $10.18 March 16, 2004 - $9.97 May 16, 2004 -- $9.29 July 15, 2004 (new trial denied) -- $8.64 July 16, 2004 (sentencing) -- $11.81 Sept. 2004 -- $12.03
34
The Irony of Martha and ImClone
Value of ImClone shares March 5, 2004 (verdict day): $164,976
One day after Martha’s announcement that she would serve her sentence without continuing appeal (Sept. 2004) Martha Stewart -- $12.03 ImClone shares – $54.10
Martha’s ImClone shares were sold for $58 each on Dec. 27, 2001
35
9. Ethics and Survival
For exactly at the time when the fatal knowledge of how to destroy the entire human race has fallen forever into our hands, the knowledge of morality has fallen out. Exactly when the vehicle of our history has gotten a souped-up engine, we have lost the road map. Exactly when our toys have grown up with us from bows and arrows to thermonuclear bombs, we have become moral infants.
Peter Kreeft
Why does ethics have such a bad reputation?
Part II
37
Why Does Ethics Have Such a Bad Reputation?
1. Urban Legend “You have to play the game.” “You can’t get ahead without cutting a
few
corners.” “You’ll be eaten alive.” “Ethics is for wimps.” “It’s a poker game. We’re all bluffing.”
38
2. Lack of Enforcement
What you are thunders so loudly that I cannot hear what you say to the contrary.
Ralph Waldo Emerson
Ethics and Its Bad Reputation
39
Ethics and Its Bad Reputation
3. The Myth of the Lonely, Dysfunctional Whistle-Blower
Hesitancy to pass judgment Hesitancy to raise issues
4. Theoretical
40
Ethics and Its Bad Reputation
5. DifficultI would never suggest that ethics is simple.
Not only does one have to know the right thing to do -- one must also have the moral fortitude to do it.
Norman R. Augustine Former Chairman
Lockheed Martin
41
Ethics and Its Bad Reputation
Let us have faith that right makes might, and in that faith let us to the end dare to do our duty as we understand it.
Abraham Lincoln
42
The Hesitancy to Speak Up – The Assistant Principal and Glowing Recommendations: The Ethics of Confrontation
43
6. We prefer rationalizing
“Everybody else does it.”
What is right is right even if no one is doing it.
What is wrong is wrong even if everyone is doing it.
Source unknown
44
Rationalizing
“That’s the way they do it at Stanford.”
Benchmarking as an ethical standard
The Tragedy of Donald Kennedy and Government Grants Funds Use at Stanford
45
Stanford and Benchmarking
Overhead funds from federal grants used for $3,000 cedar-lined closet for Kennedy’s home $2,000 flowers $2,500 grand piano refurbishing $7,000 sheets $4,000 wedding reception $184,000 yacht depreciation
46
The Language of An EthicalBreach
December 18, 1990 “What was intended as government policy to
build the capacity of universities through reimbursement of indirect costs leads to payments that are all too easily misunderstood. Therefore, we will be reexamining our policies in an effort to avoid any confusion that might result. At the same time, it is important to understand that the items currently questioned, taken together, have an insignificant impact on Stanford’s indirect-cost rate.”
47
The Language of An Ethical Breach
December 18, 1990 (cont’d) “Moreover, Stanford routinely charges the
government less than our full indirect costs precisely to allow for errors and allowances.”
From a university statement
48
The Language of an Ethical Breach
January 14, 1991 “I don’t care whether it’s flowers, or dinners
and receptions, or whether it’s washing the table linen after it’s been used, or buying
an antique here or there, or refinishing a piano when its finish gets crappy, or repairing a closet and refinishing it -- all those are
investments in a university facility that serves a whole array of functions.”
From an interview with the Stanford Daily
49
The Language of An Ethical Breach
January 23, 1991 “Because acute public attention on these
items threatens to overshadow the more important and fundamental issue of the
support of federally sponsored research, Stanford is voluntarily withdrawing all general administration costs for operation of Hoover House claimed for the fiscal years since 1981.”
University statement
50
Evolutionary Progress
February 19, 1991 “I am troubled by costs that are perfectly
appropriate as university expenditures and lawful under government rules but I
believe ought not be charged to the taxpayer. I should have been more alert to this policy issue, and I should have insisted on more intensive review of these transactions.”
Remarks to alumni
51
More Progress
March 23, 1991 “Our obligation is not to do all the law
permits, but to do what is right. Technical legality is not the guiding principle. Even in matters as arcane as government cost accounting, we must figure out what is appropriate and act accordingly. With respect to indirect-cost recovery, we pursued what was permissible under the rules, without applying our customary standard
of what is proper . . .” Remarks to alumni
52
Kennedy’s Demise
July, 1991
“It is very difficult for a person identified with a problem to be a spokesman for its solution.”
Donald Kennedy
Letter of Resignation
53
Recognizing Ethical Dilemmas - Language
“If we don’t do it, someone else will.”
The causes of ethical lapses: Job pressures Financial pressures Political pressures
54
Recognizing Ethical DilemmasThe Language
“That’s the way it’s always been done.”
Is there a better way? Who is being protected by this?
55
Recognizing Ethical Dilemmas -Language
“It doesn’t really hurt anyone.” Systemic implications of individual conduct Public trust “Corruption benefits a few at the expense of many.”
56
Recognizing Ethical Dilemmas -Language
“The system is unfair.” All virtue is summed up in dealing justly.
Aristotle
“Who’s to know?”
“Rankings/ratings will suffer.”
“For all I do around here...”
“I was just following orders.”
57
Actions
12. Balancing ethical dilemmas.Family vs. Work
Constituency conflicts
How do I resolve ethical dilemmas?
Part III
59
Resolving Ethical DilemmasDevelop Your Ethics Stance
R e la t iv ism
A bso lu t ism
P ragm a tic Idea lis t ic
60
What would you choose for values if it were your money, your business, and your name?1.
2.
3.
4.
61
Value-Based Decision-Making
62
Defining the Issue: Define Dilemmas by Values, Not Circumstances
Avoid the either/or conundrum and its false security
1. The ease of resolution vs. The long-term implications
2. Failure to define the issue properly
63
Draw Your Lines
Stick to them Take action consistent with those lines Draw the line once for employees and you
are good for five years Group Think and the Asch Studies
64
The Seduction of Habit
George Lefcoe , former commissioner of the Los Angeles County Regional Planning Commission on his retirement and the seduction of public office.
65
The Boss on The Moving Line of Right and Wrong
And what once seemed black and white turns to so many shades of gray.
We lose ourselves in work to do and bills to pay.
Bruce Springsteen
“Blood Brothers”
66
Simple Tests for Resolving Ethical Dilemmas
Categorical Imperative: How would you want to be treated?
Are you comfortable with a world with your standards?
Christian principle: The Golden RuleDo unto others as you would have them do unto you.
Luke 6:29-38 Thou shalt love thy neighbor as thyself.
Luke 10:27
67
Resolving Ethical Dilemmas
Confucius:What you do not want done to yourself, do not do to
others.
Aristotle:We should behave to our friends as we wish our friends to
behave to us.
Judaism:What you hate, do not do to anyone.
Buddhism:Hurt not others with that which pains thyself.
68
Resolving Ethical Dilemmas
Islam:No one of you is a believer until he loves for his
brother what he loves for himself.
Hinduism:Do nothing to thy neighbor which thou wouldst
not have him do to thee.
Sikhism:Treat others as you would be treated yourself.
69
Resolving Ethical Dilemmas
Plato:May I do to others as I would that they should do unto me.
TREAT PEOPLE THE WAY YOU WANT THEM TO TREAT YOU