Chapter 5 Four models of corporate social responsibility Economic view Integrative/strategic Philanthropic Social Web Economic model / Milton Friedman Limits a firm’s social responsibility to the minimal economic responsibility for producing goods and service and maximizing profits within the law Philanthropic model Contribute to societies causes – do good things With or without reputational benefits o Positives and Negative Right thing to do Do you make purchases based on a company’s CSR? o 94% say yes o 65% say bought something associated with Cause o 93% say would boycott From the perspective of the economic model of CSR, only philanthropy done for reputational reasons and financial ends is ethically responsible Social web model Business exists within a web of social responsibility Businesses must meet the “normal ethical duties & obligations” Norman Bowie o “Kantian theory of business ethics” o Has a social responsibility to respect its employees Views business as a citizen of society and so must conform to the normal range of ethical duties and obligations that all citizens face Stakeholder theory Businesses affect many people (Stakeholders) Management must balance ethical interests of ALL affected parties Treat all people as ends and never as means only A model of CSR that holds that business managers have ethical responsibilities to a range of stakeholders that goes beyond a narrow view that the primary or only responsibility of managers is to stakeholders Integrative model Integrating social and economic goals together Social entrepreneurship Sustainability For some business firms, social responsibility is fully integrated with the firms mission or strategic plan Social entrepreneurship Social entrepreneurship o Profit is not incompatible with doing good o Triple bottom line – economic (Profit), society, and environment A movement that seeks to address social problems through the creativity and effiency of market forces Sustainability (Matt’s Brundtland Commission definition) Meet the needs of the present without compromising the ability of the future Double triple line Three different meanings of responsible/responsibility When we say that a business is responsible, we might been that it is reliable or trustworthy A second meaning involves attributing something as a cause for an event or action A third sense involves attributing liability or accountability for some even or action, creating an obligation to make things right again. Philosophers three levels of responsibility The responsibility not to cause harm to others Prevent harm even in those cases where one is not the cause Responsibilities to do good. Reputation management A practice of caring for the “image” of the firm Enlightened self-interest CSR-related activities can improve profitability by enhancing a company’s standing among its stakeholders Positive impact on the bottom line Can become merely social marketing if only care about reputation Shared value Requires businesses to pursue profits, and also requires businesses to value social and environment welfare. Perceiving social/environmental initiatives as independently valuable is thought to create profit opportunities Inside-out linkages and outside-in linkages Inside-out: involve how the company affects the society in which it operates through its operations in the normal course of business Outside-in: involve the ways in which external social conditions influence corporations for better or for worse. Generic social issues, value chain social impacts, and social dimensions of competitive context Generic Social issues: may be important to society but are neither significantly affected by the company’s operations nor influence the company’s long term competitiveness Value Chain Social Impacts: are those that are significantly affected by the company’s activities in the ordinary course of business. Social Dimensions Of Competitive Context: factors in the external environment that significantly affect the underlying drivers of competitiveness in those places where the company operates. Responsive CSR vs. strategic CSR Responsive: 2 elements acting as a good corporate citizen, attuned to the evolving social concerns of stakeholders, and mitigating existing or anticipated adverse effects from business activities. o 1. Involves far more than writing a check, they specify clear, measurable goals to track over time o 2. Essentially an operational challenge. A check list. Strategic: about choosing a unique position. Doing things differently from competitors in a way that lowers costs or better serves a particular set of customer needs. Involves inside-out and outside-in dimensions working in tandem. Chapter 6 Severe time constraints, limited information, and pressure affect the quality of decision-making No information. Just memorize top Why treat employees well: utilitarian consequences vs. as Kantian sense of duty and rights Utilitarian Consequences: Rewards and compensation structures can clearly impact the emotions of workers, as can the composition of teams or the power relationships within a workplace Kantian sense of duty and rights: treating employees right because it is “The right thing to do”. Due process: legal definition and ethical definition The right to be protected against the arbitrary use of authority Specifies the conditions for basic fairness within the scope of the employer’s authority over its employees Legal definition: no person or company will/is able to strike down someone’s life, liberty, or justice Ethical definition: Pre-established process that outlines steps for discipline o Not mandatory by law o Available to all employees Employment at will and exceptions to the rule Legal doctrine that holds that, absent a particular contractual or other legal obligation that specifies the length or conditions of employment Free to hire and fire whenever Exceptions: o Bad faith, malicious or retaliatory termination in violation of public policy o Termination in breach of the implied covenant of good faith and fair dealing o Termination in breach of some other implied contract term o Termination in violation of the doctrine of promissory estoppel o Other exceptions as determined by statutes Just cause A standard for terminations or discipline that requires the employer to have sufficient and fair cause before reaching a decision against an employee Make pre-existing list for what is against the rules Identifying specific rights and responsibilities for each employee Employee vs. independent contractor: Independent contractor – brought in from outside, employee pays taxes Employee contractor – hired through the company, employer pays taxes Common-law test of agency A persuasive indicator of independent contractor status that provides the employer the ability to control the manner in which the work is performed. Four values to keep in mind when making layoff decisions Health and safety The employer’s role in protecting the employee’s health and safety Instrumental value vs. intrinsic value (e.g., Ford Pinto) Instrumental value: health and safety very high because part of their value derives from the fact that we use them to attain other things of value Intrinsic Value: the worth of a person’s life. 1. Acceptable workplace risk (but four challenges) 1. This approach treats employees disrespectfully by ignoring their input as stakeholders 2. We assume that health and safety are mere preferences that can be traded off against competing values, ignoring the fundamental deontological right an employee might have to a safe and healthy workplace 3. Assumes an equivalency between workplace risks and other types of risks when there are actually significant differences between them 4. Disregards the utilitarian concern for the consequences for an unsafe working environment on the social fabric, the resulting product or service created, the morale of the workforce, and the community, as well as other large-scale results of an unhealthy workplace. 2. Market solution (lack of free choice? Lack of complete information? “first generation?”) Lack of free choice: labor markets are not perfectly competitive and free. Unrealistic to presume employees always have the choices available to them to make it possible. Lack of Complete info: if employees don’t know the risks involved in a job, they will not be in a position to freely bargain for appropriate wages and therefore they will not be in a position to effectively protect their rights or ensure the most ethical consequences. First Generation: Learn by mistakes and history, so that first generation is screwed. 3. Government regulation (OSHA, feasibility) OSHA – Occupational safety and health administration, an agency of the federal government that publishes and enforces safety and health regulations for US business Sweatshops Some suggest all workplaces with conditions below standards in more developed countries are because all humans have the right to equally decent working conditions Any workplace in which workers are typically subject to 2+ of the following o Systematic forced overtime o Systematic health and safety risks that stem from negligence or the willful disregard of employee welfare o Coercion o Systematic deception that places workers at risk o Underpayment of earnings o Income for a 48-hour workweek less than the overall poverty rate for that country Arnold/Bowie’s four requirements of MNCs regarding global factories, plus three other items Adhere to local labor laws Refrain from the use of coercion Provide decent working conditions Provide wages about the overall poverty line for a 48-hour work week. Minimum age for child labor Nondiscrimination requirements Free association – including the right to organize and to bargain collectively in contract negotiations Living wage Wages and benefits paid for a standard work week meet national legal standards or industry benchmark standards (Whatever one is higher) All workers shall be provided with written and understandable info about their employment conditions in respect to wage before they start working Deductions from wages as a disciplinary measure shall not be permitted nor shall deductions not provided for by national law Child labor (Forced/bonded labor, child soldiering, commercial sexual exploitation) Exploitative work that involves some harm to a child who is not of an age to justify their presence in the workplace Affirmative Action: three versions in the workplace A policy or a program that strives to redress past discrimination through the implementation of proactive measures to ensure equal opportunity 1. Legal Requirements 2. Judicial: remedy the discrimination of past generations 3. Voluntary affirmative action programs. Reverse discrimination Decisions made or actions taken against those individuals who are traditionally considered to be in power or the majority. Ethical sourcing ensuring that the products being sourced are created in safe facilities by workers who are treated well and paid fair wages to work legal hours', and it also implies 'that the supplier is respecting the environment during the production and manufacture of the products. Confiscate personal documents, translator, false timecards, interviewee coaching, Potemkin village Pre-sourcing, long-term relationship, unannounced inspections, and publish the inspection results Pre-sourcing: inspections of labor conditions before placing an order instead of after Long-term Relationship: long term commitments are what motivate both parties to behave Unannounced inspections: self-evident Publish results: almost never done. Chapter 7 Privacy: two definitions The right to be left alone within a personal zone of solitude The right to control information about one’s self. Reciprocal obligation While an employee has an obligation to respect the employer, the employer need to respect the employee as well. Property rights perspective Determination of who maintains control o What is personal information? The boundaries defining actions that individuals can take in relation to other individuals regarding their personal info. o “property” is an individual’s life and all non-procreative derivatives of her life Derivative – thoughts and ideas and person info Invasion of privacy and reasonable expectation of privacy Reasonable Expectation of Privacy – the basis for some common law claims of invation of privacy; where an individual is notified that info will be shared or space will not be private, there is likely no reasonable expectation of privacy European Union’s Directive on Personal Data Protection EU legislation seeking to remove potential obstacles to cross-border flows of personal data, to ensure high level of protection within the EU, and to harmonize protections across the European continent and with those countries with whom EU countries do business Safe Harbor exception Considered “adequate standards” of privacy protection for US based companies under the EU Data Protection Directive For firms that maintain a certain level of protection of info. Work time vs. personal time Harder to tell the difference with new technology. An issue that businesses are dealing with. How do you regulate? Argandona Contends that if new technology is dependent on and has as its substance info and data, significant moral requirements should be imposed on that info. Suggested following: Truthfulness and accuracy Person providing info must ensure that it is truthful and accurate, at least to a reasonable degree Respect for privacy Person receiving or accumulating info must take into account the ethical limits of individual’ privacy Respect for property and safety rights Areas of potential vulnerability, including network security, sabotage, theft of info and impersonation are enhanced, and must be protected Accountability Technology allows for greater anonymity and distance, requiring a concurrent increased exigency for personal responsibility and accountability Employee monitoring Email Monitoring: the maintenance and either periodic or random review of email communications of employees or others for a variety of business purposes Internet use monitoring: maintenance and either periodic or random review of the use of the internet by employees or others based on the time spent or content accessed for a variety of business purposes. Drug testing HIPAA, PHI, and GINA HIPAA – Health Insurance Portability and Accountability Act – stipulates that employers cannot use “protected health info” in making employment decisions without prior consent. Protected health info includes all medical records or other individually identifiable health info PHI – GINA – Genetic Info Non-Discrimination Act – bar genetic discrimination in health care and employment Hawthorne effect Workers are found to be more productive based on the psychological stimulus of being singled out, which makes them feel more important Regulation of off-work acts Interesting issue NY’s lifestyle discrimination statute Prohibits employment decisions or actions based on 4 categories of off duty activity o Legal recreational activities o Consumption of legal products o Political activities o Membership in a union Dating someone at the same company Can be fired because not a recreational activity so it is not protected Bona fide occupational requirement (BFOQ) Rule that is reasonably related to that particular position Facebook and other social networks Ethical issue. Can ruin a reputation of a company, but do they have the right to monitor? Genetic monitoring vs. genetic screening Genetic Monitoring: less controversial. Monitor and protect employee health; tests for genetic damage that may have resulted from exposure to workplace toxins or radiation Genetic Screening: used to detect either genes associated with hereditary diseased or genes associated with heightened susceptibility to workplace toxins Chapter 8 The four Ps of marketing Price Product Place promotion The three concerns to keep in mind when approaching an ethical issue in marketing Intrinsic value vs. Extrinsic value: o The rights-based ethical tradition would ask to what degree the participants are respected as free and autonomous agents rather than treated simply as means to the ends of making a sale Utilitarianism, actual vs apparent benefits: o The utilitarianism tradition would want to know the degree to which the transaction provided actual as opposed to apparent benefits What is at stake: o Every ethical tradition would also wonder what other values might be at stake in the transaction Informed consent Specifically a concept that when it comes to privacy and personal info, need to be well informed and voluntarily give their info for use. Affluenza The more stuff you buy, the more unhappy you are. Three meanings of responsibility Cause (who caused harm) Accountability (who is responsible for damages) Liability (who is at fault) Strict liability Certain things where you are completely responsible for all damages that occur Liability without fault Forces manufacturer to go crazy about safety Because some things have higher risks A legal doctrine that holds that an individual or business accountable for damages whether or not it was at fault. No matter how careful a business is in its product or service, if harm results from use, the individual or business is liable Caveat emptor “Buyer beware” Approach suggests that the burden of risk of info shall be placed on the buyer Assumes that every purchase involves the informed consent of the buyer and therefore it is assumed to be ethically legitimate. Social contract Agreement Common ground General understanding and honest Implied warranty Implied assurances by a seller that a product is reasonably suitable for its purpose Even if not specific in the contract Negligence (definition) and application (design, production, and sale) Definition: unintentional failure to exercise reasonable care not to harm other people. Considered to be one step below “reckless disregard” for harm to others and two steps below intentional harm Foreseeability Whether or not the manufacturer could guess or ‘foresee’ the possible problems Reasonable person standard Reasonable person standard Every person should act responsible and in reasonable ways Target marketing and marketing research Marketing to each age group Identify what happens when product is released Promotion/Advertising Can be a good thing Ethical challenges arise when persuading, asking, informing, coercion, deception, manipulation, and lying Persuading, asking, informing, advising vs. threats, coercion, deception, manipulation, and lying Dependence effect (and its three implications) Businesses create the needs and wants of consumers Implications o Creating wants, advertising was standing the “law” of supply/demand on its head o Advertising and marketing tend to create irrational and trivial consumer wants and distorts entire economy o By creating wants, advertising and other marketing practices violate consumer autonomy E-lining Play on words with redlining Electronic redlining Charge rich people more money and poor people less money for the same product Marketing to vulnerable populations (e.g., Welcome to Ordinary, stealth marketing) Kids Elderly Minorities Disabled or sick Low income immigrants Supply chain responsibility (e.g., respondent superior) Company being responsible for its product in all aspects from beginning to end. Sustainable marketing (e.g., take-back legislation, greenwashing) Sustainable or green marketing is the marketing of products on the basis of their environmentally friendly nature