Discussion Guide: Gathering the Facts of an Ethical Dilemma Your primary role as the discussion leader is to get your team talking about why and how the concepts can be leveraged in the context of their situations. Please consider the following when using this guide: Use the questions in the Guiding the Discussion column, as well as any of your own design, to encourage your team members to share their challenges, experiences, and points of view. It will also be helpful to introduce your own perspective and experiences to highlight a key point, lesson learned, or best practice. The Points to Highlight column provides examples of question responses you may want to add to the discussion. Please note that the accompanying slides can be leveraged during the discussion, but are not necessary for an effective discussion. The slides can be helpful when leading a distributed group discussion via teleconference. Working through this guide can take up to 45 minutes. If you prefer a shorter 15- or 30minute session, you may want to focus only on those concepts and activities most relevant to your situation. Guiding the Discussion Points to Highlight INTRODUCTION Today we’re going to explore how to gather the facts related to an ethical dilemma. By gathering the facts, we take an important first step toward deciding how to resolve the dilemma. We’ll be applying several of the steps shown in Steps for Gathering and Analyzing the Facts that some of you may have read before today’s discussion. Let’s start by selecting an ethical Example responses: © Copyright 2010 Harvard Business School Publishing. All rights reserved. 1 Discussion Guide: Gathering the Facts of an Ethical Dilemma Guiding the Discussion dilemma our team is currently facing or has faced in the past. Then we’ll talk about how to define the facts of the situation from our own perspective and from other stakeholders’ perspectives. We’ll also consider the conflicts of loyalty the situation brings up. Let’s identify an ethical dilemma to work on. Who can think of an ethical dilemma that might be interesting to discuss? Points to Highlight o One of our suppliers just sent our team a holiday gift that’s more expensive than what our company’s code of conduct stipulates. We’ve worked with this company a long time, and it seems rude to refuse the gift. But technically, accepting it would violate the rules. o We’re trying to enter a new market with the product we’re developing, and it would be great to find out how much our competitors are charging for similar products. Someone suggested posing as a prospective customer for these companies to get pricing information. Someone else said that would be unethical. Note: If team members are having difficulty identifying an ethical dilemma to work on, suggest one of which you are aware. If necessary, choose a past ethical dilemma to review. DEFINING THE FACTS FROM OUR TEAM’S PERSPECTIVE (15 MINUTES) Choose one ethical dilemma to discuss, preferably one that is current. We’ve picked an ethical dilemma to work on. What are all the relevant facts we know about this dilemma? Example responses (for the supplier gift example dilemma): o Our company’s code of conduct stipulates that gifts from suppliers cannot exceed $30 in value. The gift from this supplier has a value that © Copyright 2010 Harvard Business School Publishing. All rights reserved. 2 Discussion Guide: Gathering the Facts of an Ethical Dilemma Guiding the Discussion Points to Highlight exceeds $30. o The supplier is based in Japan. Giftgiving protocols there are different from here. Note: Use an easel or whiteboard to list group members’ responses. Translate emotionally charged comments into neutral language. For example, don’t write, “This supplier is being sneaky — he’s trying to secure future business with us by giving us lavish gifts.” Instead write, “The supplier’s gift has a value that’s more than what our company’s code of conduct stipulates.” List these separately. Example responses (for the supplier gift example dilemma): o We don’t know whether our company has made exceptions to the gift-giving rule in the past. o We don’t know if the company’s code of conduct has been updated to reflect increases in the value of gifts. What are all the facts we don’t know about this dilemma? What could we do to gather the facts that we don’t know about this dilemma? Example response: o Talk with the experts in our company who developed and maintain the published code of conduct to find out whether making exceptions is okay under some circumstances or if the information in the code is up-to-date. DEFINING THE FACTS FROM OTHER STAKEHOLDERS’ PERSPECTIVES (15 MINUTES) © Copyright 2010 Harvard Business School Publishing. All rights reserved. 3 Discussion Guide: Gathering the Facts of an Ethical Dilemma Guiding the Discussion We’ve defined the facts of this dilemma from our own perspective. Who are the other stakeholders in this dilemma? How would each of these stakeholders define the facts of the situation? Points to Highlight Example responses: o In addition to our team, the other stakeholders include the supplier in question, as well as other suppliers we use. o Employees in other groups that didn’t get gifts. Note: Encourage team members to think broadly about stakeholders: Identify everyone who would be affected by the final course of action the team selects to resolve this dilemma. Example responses: o Our Japanese supplier might say something like, “Gift-giving is a core component of how we traditionally do business.” o Our other suppliers might say, “On two occasions when we have not given gifts to customers, we have lost them to competitors.” o Employees who work in departments that didn’t receive gifts from suppliers might say, “We didn’t get gifts, while other departments did.” Note: Suggest that team members put themselves in each stakeholder’s shoes — that is, imagine what the stakeholder’s business challenges and priorities are. © Copyright 2010 Harvard Business School Publishing. All rights reserved. 4 Discussion Guide: Gathering the Facts of an Ethical Dilemma Guiding the Discussion IDENTIFYING CONFLICTS OF LOYALTY (15 MINUTES) Points to Highlight Who are the various parties we feel loyalty to in trying to resolve this dilemma? Example responses: o The company o The team o The supplier in question o Other suppliers the team uses o Other employees o The industry in general How are these feelings of loyalty coming into conflict? Example response: I want to honor our company’s gift-giving protocols. But we’ve worked with this supplier for a long time, and they’ve done a great job for us. If we decline their gift, it might damage the relationship. But if we accept it, we might alienate other suppliers. What do these conflicts of loyalty suggest about which of our values mean the most to us? Example response: o The fact that I feel most uncomfortable about alienating our suppliers suggests that, for me, maintaining strong relationships with our business partners is a priority value. © Copyright 2010 Harvard Business School Publishing. All rights reserved. 5 Discussion Guide: Gathering the Facts of an Ethical Dilemma Guiding the Discussion Points to Highlight NEXT STEPS Take a moment to consider some of the things you might do as a result of our discussion today. The next time you encounter an ethical dilemma, partner with several colleagues and practice gathering the facts: Define the facts from your perspective and from other stakeholders’ perspectives, and identify the conflicts of loyalty the situation raises. Use the Steps for Gathering and Analyzing the Facts as a guide. If you haven’t already done so, take a few moments to complete the activity How Ethical Are You? in the Learn section of the Ethics at Work topic. Note: Consider leading a discussion on Evaluating and Testing a Proposed Solution to an Ethical Dilemma as a follow-on activity to this discussion. © Copyright 2010 Harvard Business School Publishing. All rights reserved. 6