The Thin Gray Line Between Black & White Business Ethics in Today’s Credit World Janice M Dahl CAE Anchor Management Group, LLC Holding Fast to Sound Management & Effective Governance These Situations Have A Commonality • Ethical components • Some also have legal components So What’s The Difference? • Fallacy: “If it’s legal, it’s ethical” • Legal standards do carry an ethical obligation and responsibility; set minimal standards of impropriety • Legal standards do not articulate or establish ethical principles; they do not say how one should behave What are Ethics? • Webster defines Ethics as the system of moral principles dealing with what is good and bad and with moral duty and obligation • Ethics is a system of decision making • Goes beyond character • Goes beyond simple right from wrong • Makes or breaks the successful business person Stories of ethical violations sprinkle the news • Personal • Professional • Political Internet: Is it Ethical to Fool People to Research How Easily They Can Be Fooled? Sports: Scandals Continue to Dominate US Sports Pages Politics: Ethics Controversies Cost Confidence, Clout for Some in US Politics News: Death of Rescuers in Utah Mine Collapse Prompts Ethics Debate News: UN Summit Ponders Business Ethics Issues & Says Graft Costing $2.5 Trillion/Yr. How Did We Get Here? – The Business Ethics Timeline • Ethical Climate • Major Ethical Dilemmas • Business Ethics Developments 1980s Ethical Climate • Social contract between employers and employees redefined • Defense contractors conform to stringent rules • Corporations downsize and employee loyalty erodes • Health care ethics emphasized Major Ethical Dilemmas • Bribes and illegal contracting practices • Influence peddling • Deceptive advertising • Financial fraud (savings and loan scandal • Transparency issues arise Business Ethics Developments • Business ethics begin to emerge as formal codes • Some companies create ombudsmen positions and ethics officer roles • False Claims Act (government contracting) 1990s Ethical Climate • Global expansion brings new ethical challenges • Major concerns about child labor, bribes, environmental issues • Emergency of Internet challenges cultural borders Major Ethical Dilemmas • Unsafe work practices in third world countries • Increased corporate liability for personal damage (cigarette companies, Dow chemical, etc.) • Financial mismanagement and fraud Business Ethics Developments • Federal Sentencing Guidelines (1991) • Class action lawsuits • International business ethics emerges • Board responsibility for ethics • Companies begin considering ethics in annual performance 2000s Ethical Climate • Unprecedented economic growth followed by financial failure • Ethics issues destroy some high profile firms • Personal data collected and sold openly • Hackers and data thieves plague businesses and government agencies • Acts of terror and aggression occur internationally Major Ethical Dilemmas • Cyber crime • Privacy issues (data mining) • Financial mismanagement • International corruption • Loss of privacy – employees versus employers • Intellectual property theft • The role of business in promoting sustainable development Business Ethics Developments • Business regulations mandate stronger ethical safeguards (Sarbanes-Oxley Act of 2002) • Anti-corruption efforts grow • Stronger emphasis on corporate Social Responsibility and Integrity Management • Revised Federal Sentencing Guidelines for Organizations • Increased emphasis on evaluating ethics program effectiveness The Ethical Climate in Business • Never before have regulatory controls been so tight on business • Yet they seemingly do not foster the social and personal qualities we seek • Perhaps they have stimulated our ethical “core” to do the Right Thing? Core Ethical Values In Business • 3 of 4 of the nation’s major corporations have a code of conduct • 1 of 3 offers ethics training – 15% require employees to take it • Some Tools at Work: Corporate Values Codes of Conduct Ethics Workshops Hotlines Ethics Programs Ethics Offices/Officers Ethics Committees Real World Ethics Stuff • Disconnect between ethics and the bottom line is a problem • Ethical principles are less tangible than dollars • Make the connection to reputation and integrity as long-range benefits for company • Unethical conduct has negative effect on employees • View of the top is critical to ethical outcomes Real World Ethics Stuff • 52% of employees observed at least one type of misconduct in the workplace in the past year – 36% observed 2 or more violations – 2005 Statistics are up 10%; Reporting is down 10% • Employees who are in high-risk situations, those asked to compromise the standards of their organization: – 94% observed at least one type of misconduct National Business Ethics Survey What Are They Reporting? 21% Abusive or intimidating behavior towards employees 19% Lying to employees, customers, vendors or the public 18% Situation placing employee interests over organizational interests 16% Violations of safety regulations 16% Misreporting of actual time worked 12% Discrimination on the basis of race, color, gender, age or similar categories 11% Stealing or theft 9% Sexual harassment When Are They Reporting? • • • • • Written standards of conducts Training on ethics Mechanisms to seek advice and information Means to report anonymously Discipline of employees who violate ethical standards • Evaluation of employees’ performance based on ethical conduct The Result for Your Company? • Reduced exposure to circumstances which invite risk • Employees understand and can react appropriately Let’s Talk About YOU! Your Ethical Style Ethic of Justice Abstract, impersonal principles: • Justice • Fairness • Equality • Authority People with this style place value in: • Moral principles • Laws and policies and equal application • No exceptions or special circumstances • Worry about setting precedents Disadvantage: Can lose sight of the “people” in favor of some abstract ideal Can be seen as inflexible, cold, uncaring or impersonal Advantage: Logical and impartial Objective and fair Higher standard than any one individual Let’s Talk About YOU! Your Ethical Style Ethic of Care To reduce harm or suffering: • Moral dilemmas involve conflict of duties or responsibilities • Focal point is always the individual and particular circumstance • Solutions must be tailored • Equity fits the situation • Exceptions are the norm • Constrained by policies Disadvantage: Can lose sight of the factors at place, longterm impact Can be arbitrary Advantage: Responsive to suffering or harm being done Flexible, caring and subjective An Ethics Decision Model • Integrated into a decision-making model used in your business 1. Define the problem 2. Identify the available alternative solutions to the problem 3. Make the decision 4. Implement the decision 5. Evaluation the decision An Ethics Decision Model • Step 1: Define the problem – Carefully, slowly – Perspectives are tricky An Ethics Decision Model • Step 2: Identify the available alternative solutions to the problem – Three to five alternatives, or more, is better! – Gets away from the “see it from both sides” mentality! An Ethics Decision Model • Step 3: Make the decision – Acting alone – Acting with a team – You need a clear rationale An Ethics Decision Model • Step 4: Implement the decision – You are doing something – Action is the first real, tangible step An Ethics Decision Model • Step 5: Evaluation the decision – The test is if the problem was fixed – Were other problems created? An Ethics Decision Model • Step 6 Ethics Filters – PLUS P = Policies – Is it consistent with my organization’s polices, procedures and guidelines L = Legal – Is it acceptable under the laws and regulations? U = Universal – Does it conform to the universal principles/values my organization has adopted? S = Self – Does it satisfy my personal definition of right, good and fair? Why Is This Important? • • • • • Ethical problems emerge every day They aren’t always big They aren’t always black-and-white Most emerge as a series of poor decisions They sneak into your business and can suddenly be very BIG What If You Have Made A Mistake? • Admit it and make it right • Ethical issues live in the dark • If your company has asked you to do something unethical – Know what to do – Know when to walk away So Now It’s Up To You • Prepare personally • Prepare your organization • Commit to institutionalize moral and ethical values Questions & Discussion Business Ethics in Today’s Credit World Resources on Business Ethics • National Association of Credit Management, Credit Research Foundation www.crfonline.org • Institute for Global Ethics www.globalethics.org • Ethics Resource Center www.ethics.org • Loyola Marymount University www.lmu.edu • Anchor Management Group www.anchormanagement.net Janice M. Dahl CAE, Anchor Management Group LLC 6336 Devonshire Ave., St. Louis, MO jdahl@anchormanagement.net www.anchormanagment.net