tim81551_ch10IT.qxd 1/19/12 2:24 PM Page 365 10 Chapter Ten Ethical Decision Making and the Entrepreneur If you gain financial success at the expense of your integrity, you are not a success at all. John Cullinane Founder of Cullinet, Inc., and a 1984 Inductee, Babson Academy of Distinguished Entrepreneurs Results Expected The fine line between success and failure in many a venture often boils down to the ethics and integrity of the founders and team. Careers and ventures have blossomed and crumbled because of the stellar or pitiful ethical decisions of founders. No subject in this entire book is more important, or more difficult to master, than this one. Upon completion of this chapter, you will be able to 1. Discuss some of the history, philosophy, and research about the nature of business ethics and the context for thinking about ethical behavior. 2. Relate to the importance of ethical awareness and high standards in an entrepreneurial career. 3. Examine decisions involving ethical issues and your own decisions and reasoning in ethical situations. 4. Discuss with others the ethical implications of the decisions you made, and identify how they might affect you, your partners, your customers, and your competitors in the contexts described. 5. Describe some practical guidelines, tips, and advice for confronting and making sound ethical decisions. The authors are most grateful to Professors James Klingler and William Bregman, Center for Entrepreneurship at Villanova University, Villanova, PA, for their contributions to our thinking on this challenging and important subject. We have included their insightful and practical work throughout this revised chapter. Their work has influenced how we now think about and present this material. 365 tim81551_ch10IT.qxd 1/19/12 2:24 PM 366 Page 366 Part III The Founder and Team Overview of Ethics The vast majority of successful entrepreneurs believe that high ethical standards and integrity are exceptionally important to long-term success. For example, Jeffry Timmons and his colleague Howard H. Stevenson conducted a study among 128 presidents/ founders attending the Harvard Business School’s Owner/President Management (OPM) program in 1983.1 Their firms typically had sales of $40 million, and sales ranged from $5 million to $200 million. These entrepreneurs were also very experienced, with their average age in the mid-40s, and about half had founded their companies. They were asked to name the most critical concepts, skills, and knowhow for success at their companies at the time and what they would be in five years. The answer to this question was startling enough that the Sunday New York Times reported the findings: 72 percent of the presidents responding stated that high ethical standards were the single most important factor in longterm success.2 A May 2003 study by the Aspen Institute found that MBA students are concerned that their schools are not doing enough to prepare them for ethical dilemmas they may face in the business world. Seventeen hundred MBA students from the United States, Canada, and Britain were surveyed, and the results, plus student reactions, are addressed in the May 21, 2003, issue of Chronicle of Higher Education. Their concern and awareness are not surprising given the recent spate of corporate scandals. Ethical lapses like those of Enron executives, for example, erode the confidence in business activity at all levels. The trial ended in May 2006 with guilty verdicts for former top executives Kenneth Lay and Jeffrey Skilling. Conventional ethical disciplines have been accused of dealing with the business realm by narrowly defining the scope of inquiry so as to be able to offer a definitive answer. What is ethical is not always obvious; rather, situations involving ethical issues are often ambiguous. Today, as throughout much of the last century, students, businesspeople, and others have received many conflicting signals, as “first artists and intellectuals, then broader segments of the society, challenged every convention, every prohibition, every regulation that cramped the human spirit or blocked its appetites and ambitions.”3 1 This discussion has also generated much controversy. For example, a provocative and controversial article published in the Harvard Business Review asserted that the ethics of business were not those of society but rather those of the poker game.4 The author of the article argued, “Most businessmen are not indifferent to ethics in their private lives, everyone will agree. My point is that in their office lives they cease to be private citizens; they become game players who must be guided by a somewhat different set of ethical standards.” The author further argued that personal ethics and business ethics are often not in harmony, and by either negotiation or compromise, a resolution must be reached. The article provoked a storm of response. The question remains: How are businesspeople supposed to operate in this capitalist system? In addition, the law, which you might expect to be black and white, is full of thorny issues. Laws have not only authority but also limitations. Laws are made with forethought and with the deliberate purpose of ensuring justice. They are, therefore, ethical in intent and deserve respect. However, laws are made in legislatures, not in heaven. They do not anticipate new conditions; they do not always have the effect they were intended to have; they sometimes conflict with one another; and they are, as they stand, incapable of making judgments where multiple ethical considerations hang in the balance or seem actually to war with one another. Thus, from the beginnings of recorded history in Egypt and the Middle East, a code of laws was always accompanied by a human interpreter of laws, a judge, to decide when breaking the letter of the law did not violate the spirit or situation that the law was intended to cover. Great moments in history, religion, philosophy, and literature focus on the legal/ethical dilemma, and debating teams would wither away if the dilemma were to disappear. Ethical Stereotypes Now, as in the past, the United States is viewed as providing an inviting and nurturing climate for those wishing to start their own enterprises and reap the rewards. To some extent, this is because the federal government has encouraged, to a greater degree than in most other countries, an atmosphere under which free market forces, private initiative, and individual responsibility and freedom can flourish. J. A. Timmons and H. H. Stevenson, “Entrepreneurship Education in the 1980s,” presented at the 75th Anniversary Entrepreneurship Symposium, Harvard Business School, Boston, 1983. Proceedings, pp. 115–34. 2 For an overview of the philosophical underpinnings of ethics and a decision-making framework, see “A Framework for Ethical Decision Making,” J. L. Livingstone et al., Babson College Case Development Center, 2003. 3 D. Bok, “Ethics, the University, & Society,” Harvard Magazine, May–June 1988, p. 39. 4 Reprinted by permission of Harvard Business Review. An excerpt from “Is Business Bluffing Ethical?” by A. Z. Carr, January–February 1968, pp. 145–52. Copyright © 1967 by the President and Fellows of Harvard College. tim81551_ch10IT.qxd 1/19/12 2:24 PM Page 367 Chapter 10 Ethical Decision Making and the Entrepreneur These laws, enacted in response to society’s changing perceptions of what constitutes ethical business practices, have had the equally desirable effect of encouraging those in many industries to develop codes of ethics—in large part because they wished to have the freedom to set their own rules rather than to have rules imposed on them by legislatures. As the ethical climate of business has changed, so has the image of the entrepreneur. Horatio Alger personifies the good stereotype. Entrepreneurs doing business in the unfettered economic climate of the 19th century—the era of the robber barons, where acts of industrial sabotage were common— represent the ruthless stereotype. The battles of James Hill and Edward Harriman over the rights of railroads, the alleged sabotage by John D. Rockefeller of his competitors’ oil refineries, the exploitation of child labor in New England’s textile mills and of black labor in the Southern cotton plantations, and the promoting of “snake oil” and Lydia Pinkham’s tonics leave an unsavory aftertaste for today’s more ethically conscious entrepreneurs. Yet thoughtful historians of American entrepreneurship will also recall that regardless of the standards by which they are judged or of the motivations attributed to them, certain American entrepreneurs gave back to society such institutions as the Morgan Library and the Rockefeller Foundation. The extraordinary legacy of Andrew Carnegie is another example. (Scholars are much more inclined to examine and dissect the ethical behavior of the business sector, rather than that of the clergy, or even of academia itself. In many comparisons, the behavior of the business sector would look quite pure.) Carnegie’s case is also interesting because he described the total change of attitude that came over him after he had amassed his fortune. Carnegie, the son of a Scottish weaver, created a personal fortune of $300 million in the production of crude steel between 1873 and 1901. (That’s $130 billion in today’s dollars!) Carnegie believed that competition “insures the survival of the fittest in every department.” Carnegie also felt that “the fact that this talent for organization and management is rare among men is proved by the fact that it invariably secures enormous rewards for its possessor.”5 So apparently satisfied was Carnegie with the correctness of his view, he did not try to reconcile it with the fact that British steel rails were effectively excluded by a protective tariff equaling over half the production price of each ton of steel rails.6 That Carnegie’s mind was not easy over 5 his fortune, however, is evident from his statement, “I would as soon give my son a curse as the almighty dollar.”7 After 1901, when he sold Carnegie Steel to United States Steel under pressure from a group headed by J. P. Morgan, Carnegie personally supervised donations in the United States and Great Britain of more than $300 million. Among his gifts to humanity were over 2,800 libraries, an Endowment for International Peace, and the Carnegie Institute of Pittsburgh. From today’s perspective, these entrepreneurs might be described as acting in enlightened selfinterest. However, when the same sort of entrepreneurial generosity is demonstrated today by such people as Armand Hammer of Occidental Petroleum, Ted Turner of CNN fame, and Bill Gates of Microsoft, we are more likely to speak of their acts as philanthropy than as fulfilling their social contract. A touch of suspicion still tinges entrepreneurial activity, and the word entrepreneur may still connote to some a person who belongs to a ruthless, scheming group located a good deal lower than the angels. In 1975 Time suggested that a businessman might make the best-qualified candidate for U.S. president but noted the “deep-rooted American suspicion of businessmen’s motives.”8 Quoting John T. Conner, chair of Allied Chemical and former head of Merck and Company, Time’s editors added, “Anyone with previous business experience becomes immediately suspect. Certain segments think he can’t make a decision in the public interest.”9 However, in 1988 the prophecy of Time was fulfilled when George Bush, an oil entrepreneur, was elected president of the United States. By the turn of the century, proven entrepreneurs like New York’s Mayor Michael Bloomberg were seen as innovators who could bring a fresh new style of leadership to government. Should Ethics Be Taught? Just as the 1990s ushered in a new era of worldwide entrepreneurship, Andrew Stark asserts that the world of business ethics has redefined itself: Advocates of the new business ethics can be identified by their acceptance of two fundamental principles. While they agree with their colleagues that ethics and interest can conflict, they take that observation as the starting point, not the ending point, of an ethicist’s analytical “Introduction to Contemporary Civilization in the West,” The Gospel of Wealth (New York: Century, 1900), p. 620. W. E. Woodward, A New American History (Garden City, NY: Garden City Publishing, 1938), p. 704. Ibid., p. 622. 8 “Time Essay: New Places to Look for Presidents,” Time, December 15, 1975, p. 19. 9 Ibid. 6 7 367 tim81551_ch10IT.qxd 368 1/19/12 2:24 PM Page 368 Part III The Founder and Team task. . . . Second, the new perspective reflects an awareness and acceptance of the messy work of mixed motives.10 The challenge facing this new group of business ethicists is to bridge the gap between the moral philosophers and the managers. The business ethicists talk of “moderation, pragmatism, minimalism”11 in their attempt to “converse with real managers in a language relevant to the world they inhabit and the problems they face.”12 With this focus on the practical side of decision making, courses on ethics can be useful to entrepreneurs and all managers. Ethics Can and Should Be Taught In an article that examines the ancient tradition of moral education, the decline of moral instruction beginning in the 19th century, and the renaissance of interest in ethics in the 1960s, Derek Bok, former president of Harvard University, argues that ethics can and should be taught by educational institutions and that this teaching is both necessary and of value: Precisely because its community is so diverse, set in a society so divided and confused over its values, a university that pays little attention to moral development may find that many of its students grow bewildered, convinced that ethical dilemmas are simply matters of personal opinion beyond external judgment or careful analysis. Nothing could be more unfortunate or more unnecessary. Although moral issues sometimes lack convincing answers, that is often not the case. Besides, universities should be the last institutions to discourage belief in the value of reasoned argument and carefully considered evidence in analyzing even the hardest of human problems.13 John Shad, a former chairman of the New York Stock Exchange, gave more than $20 million to the Harvard Business School to help develop a way to include ethics in the MBA curriculum. Since the fall of 1988, first-year students at the Harvard Business School have been required to attend a three-week, nongraded ethics module called “Decision Making and Ethical Values.” The cases discussed range from insider trading at Salomon Brothers to discrimination in employee promotions to locating a U.S. manufacturing unit in Mexico. Thomas R. Piper, associate dean, emphasizes that the role of the course is “not converting sinners . . . but we’re taking young people who have a sense of integrity and trying to get 10 them to connect ethics with business decisions.”14 J. Gregory Dees, another ethics professor at Harvard, now at Duke University, stresses that the “primary objective of the course is to get people thinking about issues that are easy to avoid. . . . What we want people to leave DMEV with is a commitment to raising these issues in other settings, other courses, and on the job, with [an acceptable] comfort level in doing so.”15 Since John Shad made his contribution, three second-year electives (“Moral Dilemmas of Management,” “Managing Information in a Competitive Context,” and “Profits, Markets, and Values”) have been added to Harvard’s ethics program. The Wharton School has a similar course required of first-year MBA students. “Leadership Skills” is a yearlong, graded course with a four-week ethics module. The Wharton faculty hope to introduce the core literature of business ethics and corporate responsibility, to expose students to discussions, and to stimulate the students to address these moral issues in their other courses. These two programs are part of a larger effort to incorporate ethics: Over 500 business-ethics courses are currently taught on American campuses; fully 90 percent of the nation’s business schools now provide some kind of training in the area. There are more than 25 textbooks in the field and three academic journals dedicated to the topic. At least 16 business-ethics research centers are now in operation, and endowed chairs in business ethics have been established at Georgetown, Virginia, Minnesota, and a number of other prominent business schools.16 In addition, we are now seeing the emergence of numerous courses on socially responsible business and entrepreneurship, and on environmentally sustainable and responsible businesses. The Entrepreneur’s Competitive Edge: The Art of Self-Assessment “It ain’t what you don’t know that hurts you. It’s what you know that ain’t true!” Mark Twain As we saw in Chapters 2 and 9, one of the core principles of this book is the importance of self-assessment and self-awareness. We are more persuaded than ever that entrepreneurs who truly know themselves make the best decisions. This manifests itself in a number of A. Stark, “What’s the Matter with Business Ethics?” Harvard Business Review, May–June 1993, p. 46. Ibid., p. 48. 12 Ibid. 13 D. Bok, “Is Dishonesty Good for Business?” Business & Society Review, Summer 1979, p. 50. 14 J. A. Byrne, “Can Ethics Be Taught? Harvard Gives It the Old College Try,” BusinessWeek, April 6, 1992, p. 34. 15 C. Nayak, “Why Ethics DMEV Is under the Microscope,” The Harbus, 1989. 16 A. Stark, “What’s the Matter with Business Ethics?” Harvard Business Review, May–June 1993, p. 38. 11 tim81551_ch10IT.qxd 1/19/12 2:24 PM Page 369 Chapter 10 Ethical Decision Making and the Entrepreneur ways. They do a better job of knowing what they do and don’t know—and thus who should be added to their team and brain trust. And their honesty and forthrightness about their own capabilities and shortcomings instill trust and confidence; people see that they are not full of puffery and exaggeration. In addition, they must be acutely aware of the environment in which their decisions are made. Often in entrepreneurship, particularly in the launch and growth stages of a new venture, the environment is chaotic, unpredictable, and frequently unforgiving. Despite this uncertainty, new venture decisions must be made whether or not the correct solution is evident. Plans must go forward. Serious mistakes, especially ethical ones, are rarely made during quiet and orderly times. Successful entrepreneurs make better decisions under pressure and in chaotic environments than those who fail. We believe that the odds of making the right choices under pressure will be greatly enhanced if you keep in mind that business decisions, even ethical ones, need to be made on a conscious level with your head, not your heart. Take Time to Reflect Forewarned is forearmed. To make good decisions you must identify and understand yourself and the scope and the effects of your own self-interest. Knowing your biases and weaknesses offers an opportunity for personal development or to proactively compensate for them. Failing to recognize these can result in poor choices. The time to work on this is not when you face a tough decision in the midst of chaos, but in periods of calm reflection. During these times you can consider your stakeholders, your personal motivations, and the impact those can have on your decision making. Because your judgment will be less clouded prior to launch, the planning process for your new venture should include a good bit of introspection. Recognize Self-Interest Our perceptions are filtered by who we are: our experiences, our knowledge, our biases, our beliefs—all the things that make us unique. Our self-interest, which compels us to seek pleasure and benefit and avoid pain and loss, influences and colors our perceptions. When someone says, “You’re kidding yourself,” that ought to be a red flag that your self-interest may be clouding your perception of reality. Henry Brooks Adams, a historian and author as well as the great-great-grandson of John Adams and the grandson of John Quincy Adams, summed up the 17 18 369 peril faced by a person who overwhelmingly pursues his or her own self-interest when he wrote, “Never esteem anything as of advantage to you that will make you break your word or lose your self-respect.” The pursuit of self-interest without the realization of the pitfalls it presents can be costly and even dangerous. Here are some major influencers to consider: Emotion: What you love, hate, or fear will influence your perception and therefore your decisions. The people whom you feel most strongly about can have a tremendous influence on your decisions. Like divorces, partnership breakups can become so emotionally charged with selfinterest that decisions made have no relation to the best outcome for anyone involved. Motivation: As we’ve noted in earlier chapters, contemplating a new venture involves an honest assessment of the motivating factors driving the decision. Entrepreneur and investor Khalil Tuzman, in his “Entrepreneur’s Survival Kit,” lists five individual motivators: to attain wealth, to achieve recognition or fame, to feel courageous, to be healthy, and to find contentment. If the motivation is to win at any cost, for example, fair play and ethics will have far less influence over your decisions than they should. Stakeholders: Who will be affected by your decisions and how? Recognize that the closer they are to you, the more effect they will have on your decision making. If an entrepreneur’s family welfare is at stake because she can’t pay the mortgage, she may be tempted to pursue unethical solutions. The Usefulness of Academic Ethics The study of ethics does seem to make students more aware of the pervasiveness of ethical situations in business settings, bring perspective to ethical situations from a distance, and provide a framework for understanding ethical problems when they arise. Further, the study of ethics has been shown to affect, to some degree, both beliefs and behavior. For example, in a study of whether ethics courses affect student values, value changes in business school students who had taken a course in business ethics and those who did not were examined closely and were plotted across the multiple stages.17 The study used a sequence of stages, called the Kohlberg construct, developed by Kohlberg in 1967.18 These stages are presented in Exhibit 10.1. In D. P. Boyd, “Enhancing Ethical Development by an Intervention Program,” unpublished manuscript, Northeastern University, 1980. Lawrence Kohlberg was a professor at Harvard University. He became famous for his work there as a developmental psychologist and then moved to the field of moral education. His work was based on theories that human beings develop philosophically and psychologically in a progressive fashion. Kohlberg believed and demonstrated in several published studies that people progressed in their moral reasoning (i.e., in their bases for ethical behavior) through a series of six identifiable stages. tim81551_ch10IT.qxd 1/19/12 2:24 PM Page 370 370 Part III The Founder and Team EXHIBIT 10.1 Classification of Moral Judgment into Stages of Development Stage Orientation Theme 1 2 3 4 5 6 Punishment and obedience Instrumental relativism Interpersonal concordance Law and order Legitimate social contract Universal ethical principle Morality of obedience Simple exchange Reciprocal role taking Formal justice Procedural justice Individual conscience Source: Adapted from Kohlberg (1967). the Kohlberg construct, being moral in Stage 1 is synonymous with being obedient, and the motivation is to avoid condemnation. In Stage 2, the individual seeks advantage. Gain is the primary purpose, and interaction does not result in binding personal relationships. The orientation of Stage 3 is toward pleasing others and winning approval. Proper roles are defined by stereotyped images of majority behavior. Such reciprocity is confined to primary group relations. In Stage 4, cooperation is viewed in the context of society as a whole. External laws coordinate moral schemes, and the individual feels committed to the social order. We thus subscribe to formal punishment by police or the courts. In Stage 5, there is acknowledgment that reciprocity can be inequitable. New laws and social arrangements now may be invoked as corrective mechanisms. All citizens are assured of fundamental safety and equality. Cognitive structures at the Stage 6 level automatically reject credos and actions that the individual considers morally reprehensible, and the referent is a person’s own moral framework, rather than stereotyped group behavior. Because most people endorse a law does not guarantee its moral validity. When confronting social dilemmas, the individual is guided by internal principles that may transcend the legal system. Although these convictions are personal, they are also universal because they have worth and utility apart from the individual espousing them. Kohlberg’s final stage thus represents more than mere conformity with state, teacher, or institutional criteria. Rather, it indicates one’s capacity for decision making and problem solving in the context of personal ethical standards. In the study, those who took a course in business ethics showed a progression up the ethical scale, while those who had not taken a course did not progress. Foundations for Ethical Decision Making Some may find it surprising to learn that there is no perfect approach to dealing with ethically charged situations. In fact, people who subscribe to a “one best” approach can find themselves making decisions that, after the fact, others view as unethical. Similarly, lacking an understanding of the different approaches may lead to missteps because the decision maker fails to recognize the ethical implications of a particular situation. When considering what to do in a situation with ethical overtones, it is useful to be familiar with different approaches to ethics. These varied approaches become ethical screens—similar to the opportunity screens presented in Chapter 6. Taking a multifaceted approach can prevent someone from unknowingly making an ethical mistake. We will briefly consider three widely used approaches. Aristotle, the Greek philosopher, provided one of the oldest approaches to ethics. To him it seemed that the aim of each person should be to perfect his or her inherent human nature, and if successful, become a person of virtue. The question then becomes, “What is virtuous, and how does one learn what a virtuous person would do in a given situation?” By striving to be virtuous, and by emulating what people who are widely considered to be virtuous do in similar situations, we can, over time, develop habits of virtue. In modern terms, this is akin to choosing to observe and emulate exemplary role models. Two issues arising from this approach can lead an entrepreneur to make poor decisions. The first is choosing the wrong person to emulate. An entrepreneur imitating Jeff Skilling, the once-applauded Enron CEO now serving a 25-year prison sentence for fraud and abuse of his corporate power, could act in ways that would be widely viewed as unethical. The second is that neither the actions actually taken nor the consequences of the actions are directly addressed—only that the “court of opinion” holds the actions to have been virtuous. A second approach to ethics focuses on the consequences or outcomes of actions. This approach is called utilitarianism, and its most often cited proponent is John Stewart Mill, a 19th-century English philosopher. It holds that the ethical person will always choose actions that will provide for the greatest good (or least bad) for the greatest number of people. When considering what action to take, an ethical entrepreneur acting from a utilitarian perspective would mentally calculate the impact of the action on each stakeholder. Therefore, it is not the action that is being judged as ethical or unethical, but rather the collective impact of that action. A familiar way of expressing this is the saying that “the ends (consequences) justify the means (actions taken).” This is probably one of the most widely used approaches in business and is the only system many people consider. It is also known as Machiavellianism after the author of the famous book The Prince. The tim81551_ch10IT.qxd 1/19/12 2:24 PM Page 371 Chapter 10 Ethical Decision Making and the Entrepreneur challenge with this approach is that you can hit a wall when conflicts and your own self-interest collide. For example, what is the ethical decision in this situation. A person comes to your door armed with a gun. He asks for your spouse and announces that he has come to kill that person. In all civilized societies, it would be illegal, immoral, and unethical for you to kill this person outside your home with no provocation other than his words. So what do you do? A number of issues can make the utilitarian approach difficult to adhere to or can lead entrepreneurs to take actions that may be considered unethical. First, it permits decisions that may hurt some stakeholders, as long as the majority benefits from the action. Second, a narrow view of who the stakeholders are may lead to unethical decisions because we may fail to consider a stakeholder such as the environment. Third, the proximity of stakeholders, or the degree to which they demand attention, may cause the decision maker to ignore (or forget) them. Fourth, there is a thin line between seeking the greatest good for the greatest number and seeking the greatest good for yourself. Self-interest can justify many deplorable actions because they maximize personal outcomes to the exclusion of all else. The last important issue stems from the fact that people are judged as ethical or unethical based on the actions they take, not by how they calculate the utility of the outcomes. We must have a means of considering the action apart from the outcomes. That leads into our third approach, deontology. Deontology means duty—one’s duty to act. According to Immanuel Kant, the 18th-century German philosopher, deontology focuses on the precepts that should determine action. This approach is pursued without concern for the outcomes of actions, but according to whether the action is something that an ethical person would do. Actions, then, are undertaken because they are right in themselves, whether or not the outcomes benefit or harm the person taking the actions. People therefore should act in ways that one would hope would become the universal laws of society. In situations where one’s duty to society conflicts with one’s self-interest, one must act in accordance with the duty to society regardless of the consequences. For example, if lying is not what you would want to have as a universal law in society, then you should never lie, even if lying would benefit you personally or benefit your stakeholders. There are difficulties with blind adherence to a deontological viewpoint. First, it is difficult for a person to take actions that violate self-interest—even when the person taking the action is not an egoist and is trying to truly do the greatest good for the greatest number. Second, unlike the virtue approach, the 371 court of public opinion is not considered; one takes the action based on principle, not according to what others think. Third, deontology does not deal well with conflicts between actions that are each considered ethical. For example, consider the quandary of an entrepreneur caught between the desire to be with her ailing parents and the desire to go to Africa and build a venture that could bring potable water to thousands of villages. Applying the Foundations So how can we use these approaches? We suggest that you use them as decision-making screens to view the outcome and impact of any action you might take. A good place to start would be the most widely used approach, utilitarianism. Carefully enumerate the stakeholders, being sure to include everyone, not just the convenient ones or the ones making the most noise. When you have decided on an action, apply the Aristotelian approach by asking, “What would a really ethical entrepreneur in this situation do?” You might ask people in your network and brain trust to tell you what they have done in similar situations. Finally, look at the action you are taking alone—separate from the consequences. Is this action pure? That is, is it something that you would be proud to have as the headline your mother reads when she Googles you? We also urge you to consider one of Ewing Marion Kauffman’s key principles: Treat other people as you would want to be treated. This simple but powerful addition to your decision making can be a valuable aid. How many people do you know who would want to be cheated, lied to, deceived, or stolen from? Will using these screens guarantee an ethical decision? Certainly not! But considering different approaches to the same issue will help prevent ethical myopia—a narrowly defined ethical perspective that can lead to trouble. Finally, consider how a given stakeholder might accuse you of taking an unethical action. Remember: Entrepreneurship involves risk and making tough calls—often ethically charged ones—on the fly. It is always best to approach those challenges knowingly, with your ethical eyes wide open. Integrity as Governing Ethic Harvard Business School Professor Lynn Paine distinguishes among avoiding legal sanctions, compliance, and the more robust standard of integrity: From the perspective of integrity, the task of ethics management is to define and give life to an organization’s tim81551_ch10IT.qxd 1/19/12 2:24 PM Page 372 372 Part III The Founder and Team EXHIBIT 10.2 Ethical Decisions Matrix Possible Consequences of Each Alternative on Stakeholders Stakeholders Decision Alternative 1 Decision Alternative 2 Decision Alternative 3 Decision Alternative 4 Decision Alternative 5 1. 2. 3. 4. 5. 6. 7. 8. Source: J. L. Livingstone et al., Framework for Ethical Decision Making, Babson College, 2003. guiding values, to create an environment that supports ethically sound behavior, and to instill a sense of shared accountability among employees.19 Paine goes on to characterize the hallmarks of an effective integrity strategy (see Exhibit 10.2) and the strategies for ethics management (see Exhibit 10.3). Clearly the call for ethical strategies and practices, first made in our original 1977 edition—which was the first text to do so—is being heard. That is good news for our society, our economy, and you! EXHIBIT 10.3 Strategies for Ethics Management Characteristics of Compliance Strategy Characteristics of Integrity Strategy Ethos Objective Leadership Conformity with externally imposed standards Prevent criminal misconduct Lawyer driven Ethos Objective Leadership Methods Education, reduced discretion, auditing and controls, penalties Behavioral Autonomous beings guided by material Assumptions self-interest Self-governance according to chosen standards Stable responsible conduct Management driven with aid of lawyers, HR, others Methods Education, leadership, accountability, organizational systems and decision processes, auditing and controls, penalties Behavioral Social beings guided by material self-interest, Assumptions values, ideals, peers Implementation of Compliance Strategy Implementation of Integrity Strategy Standards Criminal and regulatory law Standards Staffing Activities Lawyers Develop compliance standards, train, and communicate Staffing Activities Education Compliance standards and system Education Company values and aspirations, social obligations, including law Executives and managers with lawyers, others Lead development of company values and standards Train and communicate Integrate into company systems Provide guidance and consultation Assess values performance Identify and resolve problems Oversee compliance activities Decision making and values Compliance standards and system Source: Reprinted by permission of Harvard Business Review. From “Managing for Organizational Integrity,” by L. S. Paine, March–April 1994, p. 113. Copyright ©1994 by the Harvard Business School Publishing Corporation; all rights reserved. 19 L. S. Paine, “Managing for Organizational Integrity,” Harvard Business Review, March–April 1994, pp. 105–17. tim81551_ch10IT.qxd 1/19/12 2:24 PM Page 373 Chapter 10 Ethical Decision Making and the Entrepreneur Entrepreneurs’ Perspectives Most entrepreneurs also believe ethics should be taught. In the research project previously mentioned, entrepreneurs and chief executive officers attending the Owner/President Management (OPM) program at the Harvard Business School were asked, Is there a role for ethics in business education for entrepreneurs? Of those responding, 72 percent said ethics can and should be taught as part of the curriculum. (Only 20 percent said it should not, and two respondents were not sure.) The most prominently cited reason for including ethics was that ethical behavior is at the core of longterm business success because it provides the glue that binds enduring successful business and personal relationships together. In addition, the responses reflected a serious and thoughtful awareness of the fragile but vital role of ethics in entrepreneurial attainment and of the long-term consequences of ethical behavior for a business. Typical comments were these: If the free enterprise system is to survive, the business schools better start paying attention to teaching ethics. They should know that business is built on trust, which depends on honesty and sincerity. In a small company, lack of integrity is quickly exposed. If our society is going to move forward, it won’t be based on how much money is accumulated in any one person or group. Our society will move forward when all people are treated fairly—that’s my simple definition of ethics. I know of several managers, presidents, and the like with whom you would not want to get between them and their wallets or ambitions. In my experience the business world is by and large the most ethical and law-abiding part of our society. Ethics should be addressed, considered, and thoroughly examined; it should be an inherent part of each class and course . . .; instead of crusading with ethics, it is much more effective to make high ethics an inherent part of business— and it is. However, these views were not universally held. One entrepreneur who helped to found a large company with international operations warned, “For God’s sake, don’t forget that 90 percent of the businessman’s efforts consist of just plain hard work.” There is also some cynicism. The 40-year-old head of a real estate and construction firm in the Northeast with 300 employees and $75 million in annual sales said, “There is so much hypocrisy in today’s world that even totally ethical behavior is questioned since 373 many people think it is some new negotiating technique.” It would be unfortunate if the entrepreneur did not realize his or her potential for combining action with ethical purpose because of the suspicion that the two are unrelated or inimical. There is no reason they need be considered generically opposed. Nevertheless, in analyzing ethics, the individual can expect no substitute for his or her own effort and intelligence. The Fog of War and Entrepreneurship: A Unique Context The environment around a new venture is often chaotic. Lessons can be learned from an even more chaotic environment: combat. There is a concept called “the fog of war” that goes back to the 19th century, when Prussian general Carl von Clausewitz wrote, War is the realm of uncertainty; three-quarters of the factors on which action is based are wrapped in a fog of greater or lesser uncertainty. When bullets are flying and lives are at stake, critical decisions must be made on the fly—without the benefit of a perfect understanding of the whole picture. In the same way, the fog of the start-up battle that a typical entrepreneur faces could include intense pressures from outside influences like the following: Your spouse says you’re not home enough. Your Aunt Tillie, your father, and your mother-inlaw have each put in $50,000 . . . which is gone. Everything takes too long and costs too much. Your business isn’t working as it was supposed to. You are doing nothing but damage control. You have slowed down payments to creditors, who are now screaming and making threats. You have maxed out your refinanced line of credit and your credit cards, and you have discounted receivables and inventories to get the cash in sooner. Still, you figure you have just 18 business days of cash left. Investors will put in money, but they want two more seats on the board and a much larger percentage of ownership. The bank reminds you that you and your spouse have signed personal guarantees. The 80-ton dinosaur in your industry just moved into your market. The malcontent troublemaker you fired is suing you. Now, in the midst of these sorts of pressures, make a decision that might have serious financial and ethical consequences that could follow you the rest of your life! tim81551_ch10IT.qxd 1/19/12 2:24 PM 374 Page 374 Part III The Founder and Team Action under Pressure An entrepreneur will have to act on issues under pressure of time and when struggling for survival. In addition, the entrepreneur will most likely decide ethical questions that involve obligations on many fronts—to customers, employees, stockholders, family, partners, self, or a combination of these. As you will see in the ethically charged situations presented at the end of the chapter, walking the tightrope and balancing common sense with an ethical framework can be precarious. To cope with the inevitable conflicts, an entrepreneur should develop an awareness of his or her own explicit and implicit ethical beliefs, those of his or her team and investors, and those of the milieu within which the company competes for survival. As the successful entrepreneurs quoted earlier believe, in the long run, succumbing to the temptations of situational ethics will, in all likelihood, result in a tumble into the quicksand, not a safety net—just ask Steve Madden or executives at Enron, Tyco, and Arthur Anderson. An appreciation of this state of affairs is succinctly stated by Fred T. Allen, chairman and president of Pitney-Bowes: As businessmen we must learn to weigh short-term interests against long-term possibilities. We must learn to sacrifice what is immediate, what is expedient, if the moral price is too high. What we stand to gain is precious little compared to what we can ultimately lose.20 Advice and Tips from the Trenches Many of the lessons learned in the military and on the battlefield can be instructive to entrepreneurs struggling with the chaos and uncertainties that go with the territory. Consider the following. Experience Is Critical Military troops are not sent into combat on the day they enlist. They receive relevant training and engage in stressful and chaotic simulations that are as close as possible to the real EXHIBIT 10.4 Selected Ethical Dilemmas of Entrepreneurial Management Dilemma: Elements Issues That May Arise Promoter: Entrepreneurial euphoria Impression management Pragmatic versus moral considerations What does honesty mean when promoting an innovation? Does it require complete disclosure of the risks and uncertainties? Does it require a dispassionate analysis of the situation, with equal time given to the downside as well as the upside? What sorts of influence tactics cross the line from encouragement and inducement to manipulation and coercion? Tension between perceived obligations and moral expectations. Changes in roles and relationships: pre- versus post-venture status. Decisions based on affiliative concerns rather than on task-based concerns. Transition from a trust-based work environment to one that is more controlled. Side effects and negative externalities force a social reconsideration of norms and values. Heightened concern about the future impact of unknown harms. Who is responsible for the assessment of risk? Inventor? Government? Market? Breaking down traditions and creating new models. Is there a fair way to divide profits when they are the result of cooperative efforts? Should the entrepreneur take all the gains that are not explicitly contracted away? Managing an intimate connection between personal choices and professional decisions. Coping with ethical pressures with creative solutions and integrity. Seeking industry recognition while not giving in to peer pressure to conform. Relationship: Conflicts of interest and roles Transactional ethics Guerrilla tactics Innovator: “Frankenstein’s problem” New types of ethical problems Ethic of change Other dilemmas: Finders–keepers ethic Conflict between personal values and business goals Unsavory business practices Source: Adapted from J. G. Dees and J. A. Starr, “Entrepreneurship through an Ethical Lens,” in The State of the Art of Entrepreneurship, ed. D. L. Sexton and J. D. Kasarda (Boston: PWS-Kent, 1992), p. 96. 20 “Letter to Editor,” The Wall Street Journal, October 17, 1975. tim81551_ch10IT.qxd 1/19/12 2:24 PM Page 375 Chapter 10 Ethical Decision Making and the Entrepreneur thing. In a new venture, an entrepreneur who has done it before has experience to help with chaos. In areas where they lack direct experience, entrepreneurs can compensate with a key hire, team member, mentor, consultant, board member, or professional. Have a Plan B Although designing “what if” scenarios is most often associated with the quantitative side of running a proactive business (costs, pricing, margins, and the like), thinking through contingency plans, particularly during the launch and growth stages, is an excellent way to avoid rash or ethically questionable decisions in the heat of a challenge. One technique to facilitate scenario dialog and planning is to have a brown-bag lunch with your partners and pose some tough ethical dilemmas you may face; what would each of you do? Develop and Use Objective Standards When faced with decisions on the fly—especially ones involving ethical issues—it can be helpful to have a clear and objective means to assess the situation. For example, at Everon IT, a remote IT services venture in based in Boston, critical metrics for incoming, outgoing, and ongoing calls are projected large on the facing wall of the service area. Other walls feature motivational posters, challenge goals, employee accolades, and descriptions of goal-related rewards ranging from dinners for all to lavish vacation retreats. With everyone pulling together to meet and beat well-defined milestones, the office is charged with a sense of mission and purpose. Find a Pessimist You Can Trust Every lead entrepreneur should have a trusted, no-nonsense advisor in the brain trust who can provide brutally honest assessments when things seem to be off base. When these cautious, somewhat pessimistic advisors express their approval of a given decision or strategy, that validation can be a real confidence booster. Don’t Forget the Mirror and Those Internet Headlines Looking in the mirror can be a powerful, challenging exercise. You’ve just read the morning headlines all over the Internet that describe in intimate detail all of your actions and behaviors concerning a recent decision that—most unexpectedly—became highly visible and public. Is this the person you want to be known as? Is this a person the people you love and respect the most would admire and support? Is this a person you want your best friends and your family to know about? If you aren’t fully comfortable with your answers to these questions and what you see in the mirror as a result of an ethical decision you have to make, then you don’t have an acceptable answer yet. Don’t give up—but clean it up! 21 D. McClelland, Achieving Society (New York: Van Nostrand, 1961), p. 331. 375 Thorny Issues for Entrepreneurs Although the majority of entrepreneurs take ethics seriously, researchers in this area are still responding to David McClelland’s call for inquiry: “We do not know at the present time what makes an entrepreneur more or less ethical in his dealings, but obviously there are few problems of greater importance for future research.”21 One article outlined the topics for research (see Exhibit 10.4). Clearly an opportunity for further research still exists. Different Views Different reactions to what is ethical may explain why some aspects of venture creation go wrong, both during start-up and in the heat of the battle, for no apparent reason. Innumerable examples can be cited to illustrate that broken partnerships often can be traced to apparent differences in the personal ethics among the members of a management team. So too with investors. While the experienced venture capital investor seeks entrepreneurs with a reputation for integrity, honesty, and ethical behavior, the definition is necessarily subjective and depends in part on the beliefs of the investor and in part on the prevailing ethical climate in the industry sector in which the venture is involved. Problems of Law For entrepreneurs, situations where one law directly conflicts with another are increasingly frequent. For example, a small-business investment company in New York City got in serious financial trouble. The Small Business Administration stated the company should begin to liquidate its investments because it would otherwise be in defiance of its agreement with the SBA. However, the Securities and Exchange Commission stated that this liquidation would constitute unfair treatment of stockholders, due to resulting imbalance in their portfolios. After a year and a half of agonizing negotiation, the company was able to satisfy all the parties, but compromises had to be made on both sides. Another example of conflicting legal demands involves conflicts between procedures of the civil service commission code and the Fair Employment Practice Acts (dating from FDR). The code states that hiring will include adherence to certain standards, a principle that was introduced in the 20th century to curb the patronage abuses in public service. Recently, however, the problem of encouraging and aiding minorities has led to the Civil Service Commission Fair Employment Practice Acts, which require the same public agencies that are guided by CSC standards to hire without prejudice, and without the requirement that a given test tim81551_ch10IT.qxd 376 1/19/12 2:24 PM Page 376 Part III The Founder and Team shall serve as the criterion of selection. Both these laws are based on valid ethical intent, but the resolution of such conflicts is no simple matter. Further, unlike the international laws governing commercial airline transportation, there is no international code of business ethics. When doing business abroad, entrepreneurs may find that those with whom they do business have little in common with them—no common language, no common historical context for conducting business, and no common set of ethical beliefs about right and wrong and everything in between. For example, in the United States, bribing a high official to obtain a favor is considered both ethically and legally unacceptable; in parts of the Middle East, it is the only way to get things done. What we see as a bribe, those in parts of the Middle East see as a tip, like what you might give the headwaiter at a fancy restaurant in New York for a good table. “When in Rome” is one approach to this problem. Consulting a lawyer with expertise in international business before doing anything is another. Assuming that the object of an entrepreneur’s international business venture is to make money, he or she needs to figure out some way that is legally tolerable under the laws that do apply and that is ethically tolerable personally. Examples of the Ends-and-Means Issue A central question in any ethical discussion concerns the extent to which a noble end may justify ignoble means—or whether using unethical means for assumed ethical ends may subvert the aim in some way. As an example of a noble end, consider the case of a university agricultural extension service whose goal was to help small farmers increase their crop productivity. The end was economically constructive and profit oriented only in the sense that the farmers might prosper from better crop yields. However, to continue being funded, the extension service was required to predict the annual increases in crop yield it could achieve—estimates it could not provide at the required level of specificity. Further, unless it could show substantial increases in crop yields, its funding might be heavily reduced. In this case, the extension service decided, if need be, to fudge the figures because it was felt that even though the presentation of overly optimistic predictions was unethical, the objectives of those running the organization were highly ethical and even the unethical aspects could be condoned within the context of the inability of the various groups involved to speak each other’s language clearly. The funding source finally backed down in its demand, ameliorating the immediate problem. But if it had not, the danger existed that the individuals in this organization, altruistic though their intentions were, would begin to think that falsification was the norm and would forget that actions that run contrary to ethical feelings gradually build a debilitating cynicism. Another example is given in the case of a merger of a small rental service business with a midsize conglomerate, where a law’s intent was in direct opposition to what would occur if the law was literally enforced. In this case, a partner in the rental firm became involved in a severe automobile accident and suffered multiple injuries shortly before the merger and was seemingly unable to return to work. The partner also knew that the outlook for his health in the immediate future was unpredictable. For the sake of his family, he was eager to seek some of the stock acquired in the merger and make a large portion of his assets liquid. However, federal law does not allow quick profit taking from mergers and therefore did not allow such a sale. The partner consulted the president and officers of the larger company, and they acquiesced in his plans to sell portions of his stock and stated their conviction that no adverse effect on the stock would result. Still unsure, the partner then checked with his lawyer and found that the federal law in question had almost never been prosecuted. Having ascertained the risk and having probed the rationale of the law as it applied to his case, the partner sold some of the stock acquired in the merger to provide security for his family in the possible event of his incapacitation or death. Although he subsequently recovered completely, this could not have been foreseen. In this instance, the partner decided that a consideration of the intrinsic purpose of the law allowed him to act as he did. In addition, he made as thorough a check as possible of the risks involved in his action. He was not satisfied with the decision he made, but he believed it was the best he could do at the time. We can see in this example the enormous ethical tugs-of-war that go with the territory of entrepreneurship. An Example of Integrity The complicated nature of entrepreneurial decisions also is illustrated in the following example. At age 27, an entrepreneur joined a new computer software firm with sales of $1.5 million as vice president of international marketing of a new division. His principal goal was to establish profitable distribution for the company’s products in the major industrialized nations. Stock incentives and a highly leveraged bonus plan placed clear emphasis on profitability rather than on volume. In one European country, the choice of distributors was narrowed to 1 from a field of more than 20. The potential distributor was a top firm, with an excellent track record and management, and the chemistry was right. In fact, the distributor was so eager to do business with the entrepreneur’s company that it was willing to accept a 10 percent commission rather than the normal 15 percent royalty. The other tim81551_ch10IT.qxd 1/19/12 2:24 PM Page 377 Chapter 10 Ethical Decision Making and the Entrepreneur terms of the deal were acceptable to both parties. In this actual case, the young vice president decided to give the distributor the full 15 percent commission, even though it would have settled for less. This approach was apparently quite successful because, in five years, this international division grew from zero to $18 million in very profitable sales, and a large firm acquired the venture for $80 million. In describing his reasoning, the entrepreneur said his main goal 377 was to create a sense of long-term integrity. He said further, I knew what it would take for them to succeed in gaining the kind of market penetration we were after. I also knew that the economics of their business definitely needed the larger margins from the 15 percent, rather than the smaller royalty. So I figured that if I offered them the full royalty, they would realize I was on their side, and that would create such goodwill that when we Code of Ethical Responsibility Ethical Performance: Everyone’s Responsibility As an employee or independent contractor of The MENTOR Network, you have an obligation to be honest in all of your dealings with the individuals we serve, their families, fellow employees, independent contractors, vendors, and third parties. You must know and comply with applicable laws, regulations, licensing requirements, contractual obligations, and all company policies and procedures. Maintaining ethical standards is everyone’s responsibility. If you know of a problem, you cannot remain silent. Step forward and be part of the solution. For those employees and independent contractors involved in the coordination of services for individuals in care, the company expects you to ■ Conduct yourself according to professional and ethical standards. ■ Take responsibility for identifying, developing, and fully utilizing knowledge and abilities for professional practice. ■ Obtain training/education and supervision to assure competent services. ■ Not misrepresent professional qualifications, education, experience, or affiliations, and maintain the credentials required in order to deliver the type and intensity of services provided. ■ Be aware of your own values and their implications for practice. ■ Solicit collaborative participation by professionals, the individuals served, and family and community members to share responsibility for consumer outcomes. ■ Work to increase public awareness and education of the human service industry. ■ Advocate for adequate resources. ■ Work to ensure the efficiency and effectiveness of services provided. ■ Maintain boundaries between professional and personal relationships with individuals served. ■ Report ethical violations to appropriate parties. Ethical Performance: Leadership/Supervisory Responsibility Leadership requires setting a personal example of high ethical standards in the performance of your job. Managers set the tone for the company. Managers are responsible for making sure that all employees, independent contractors, and vendors receive a copy of the code and assisting them in applying the code’s ethical standards. Conclusion The company depends on everyone we work with to safeguard our standards and ethics. Although ethical requirements are sometimes unclear, the following questions will provide a good guideline for those in doubt about their conduct: ■ Will my actions be ethical in every respect? ■ Will my actions fully comply with the law and company standards? ■ Will my actions be questioned by supervisors, associates, family, or the general public? ■ How would I feel if my actions were reported in the newspaper? ■ How would I feel if another employee, contractor, customer, or vendor acted in the same way? ■ Will my actions have the appearance of impropriety? Source: The MENTOR Network (www.TheMentorNetwork.com). Founded in 1980, The MENTOR Network is a national network of local human services providers offering an array of quality, community-based services to adults and children with developmental disabilities or acquired brain injury; to children and adolescents with emotional, behavioral, and medically complex challenges; and to elders in need of home care. tim81551_ch10IT.qxd 1/19/12 2:24 PM 378 Page 378 Part III The Founder and Team did have some serious problems down the road—and you always have them—then we would be able to work together to solve them. And that’s exactly what happened. If I had exploited their eagerness to be our distributor, then it only would have come back to haunt me later on. Ethics Exercise Revisited The following statements are often made, even by practicing entrepreneurs: How can we think about ethics when we haven’t enough time even to think about running our venture? Entrepreneurs are doers, not thinkers—and ethics is too abstract a concept to have any bearing on business realities. When you’re struggling to survive, you’re not worried about the means you use—you’re fighting for one thing: survival. However, the contemplation of ethical behavior is not unlike poetry—emotion recollected in tranquility. This chapter is intended to provide one such tranquil opportunity. Through the decisions actually made, or not made, an individual could become more aware of his or her own value system and how making ethical decisions can be affected by the climate in which these decisions are made. We urge you to fully engage in the Ethical Decisions exercise. These three vignettes pose practical and not infrequent ethical dilemmas based on actual occurrences. One excellent way to do this is to take two or three friends to lunch—particularly those you imagine might make excellent venture partners. Over lunch, discuss in detail each of the vignettes—what you would and should do. Try to apply the ideas from the chapter. At the end, see if you can reach conclusions about what you have learned and what you plan to do differently. Chapter Summary The vast majority of CEOs, investors, and entrepreneurs believe that a high ethical standard is the single most important factor in long-term success. Historically, ethical stereotypes of businesspeople ranged widely, and today the old perceptions have given way to a more aware and accepting notion of the messy work of ethical decisions. Ethical issues and discussion are now a part of curricula at many of the top business school programs in the United States and abroad. Entrepreneurs can rarely, if ever, finish a day without facing at least one or two ethical issues. To make effective and ethical decisions you must understand yourself and be able to identify the scope and effects of your self-interest. Numerous ethical dilemmas challenge entrepreneurs at the most crucial moments of survival, like a precarious walk on a tightrope. Study Questions 1. What conclusions and insights emerged from the ethics exercise? 2. Why have ethical stereotypes emerged, and how have they changed? 3. Why is ethics so important to entrepreneurial and other success? 4. Why do many entrepreneurs and CEOs believe ethics can and should be taught? 5. What are the most thorny ethical dilemmas that entrepreneurs face, and why? 6. Describe an actual example of how and why taking a high ethical ground results in a good decision for business. tim81551_ch10IT.qxd 1/19/12 2:24 PM Page 379 Chapter 10 Ethical Decision Making and the Entrepreneur 379 Internet Resources for Chapter 10 http://www.managementhelp.org/ethics/ethics.htm A range of papers and articles on ethics from the Free Management Library. http://www.pdcnet.org/beq.html Business Ethics Quarterly publishes scholarly articles from a variety of disciplinary orientations that focus on the general subject of the application of ethics to the international business community. http://www.business-ethics.org An international institute fostering global business practices to promote equitable economic development, resource sustainability, and just forms of government. http://www.business-ethics.com/ Business Ethics is an online publication that offers information, opinion, and analysis of critical issues in the field of corporate responsibility. MIND STRETCHERS Have You Considered? 1. How would you define your own ethics? 2. What was the toughest ethical decision you have faced? How did you handle it, and why? What did you learn? 3. How do you personally determine whether someone is ethical? 4. How would you describe the ethics of the president of the United States? Why? Would these ethics be acceptable to you in an investor, a partner, or a spouse? 5. When you look in the mirror, do you see someone with a commitment to pursuing high ethical standards? Are there limits to those standards? tim81551_ch10IT.qxd 380 1/19/12 2:24 PM Page 380 Part III The Founder and Team Exercise 1 Ethics In this exercise, decisions will be made in ethically ambiguous situations and then analyzed. As in the real world, all the background information on each situation will not be available, and assumptions will need to be made. It is recommended that the exercise be completed before reading the following material, and then revisited after you have completed the chapter. Name: Date: Part I STEP 1 Make decisions in the following situations. You will not have all the background information about each situation; instead you should make whatever assumptions you feel you would make if you were actually confronted with the decision choices described. Select the decision choice that most closely represents the decision you feel you would make personally. You should choose decision choices even though you can envision other creative solutions that were not included in the exercise. Situation 1. You are taking a very difficult chemistry course, which you must pass to maintain your scholarship and to avoid damaging your application for graduate school. Chemistry is not your strong suit, and because of a just-belowfailing average in the course, you must receive a grade of 90 or better on the final exam, which is two days away. A janitor who is aware of your plight informs you that he found the master copy of the chemistry final in a trash barrel and saved it. He will make it available to you for a price, which is high but which you could afford. What would you do? (a) I would tell the janitor thanks, but no thanks. (b) I would report the janitor to the proper officials. (c) I would buy the exam and keep it to myself. (d) I would not buy the exam myself, but I would let some of my friends, who are also flunking the course, know that it is available. Situation 2. You have been working on some complex analytical data for two days now. It seems that each time you think you have them completed, your boss shows up with a new assumption or another what-if question. If you only had a copy of a new software program for your personal computer, you could plug in the new assumptions and revise the estimates with ease. Then a colleague offers to let you make a copy of some software that is copyrighted. What would you do? (a) I would readily accept my friend’s generous offer and make a copy of the software. (b) I would decline to copy it and plug away manually on the numbers. (c) I would decide to go buy a copy of the software myself for $300 and hope I would be reimbursed by the company in a month or two. (d) I would request another extension on an already overdue project date. Situation 3. Your small manufacturing company is in serious financial difficulty. A large order of your products is ready to be delivered to a key customer, when you discover that the product is simply not right. It will not meet all performance specifications, will cause problems for your customer, and will require rework in the field; but this, you know, will not become evident until after the customer has received and paid for the order. If you do not ship the order and receive the payment as expected, your business may be forced into bankruptcy. And if you delay the shipment or inform the customer of these problems, you may lose the order and also go bankrupt. What would you do? (a) I would not ship the order and place my firm in voluntary bankruptcy. (b) I would inform the customer and declare voluntary bankruptcy. (c) I would ship the order and inform the customer after I received payment. (d) I would ship the order and not inform the customer. Situation 4. You are the cofounder and president of a new venture, manufacturing products for the recreational market. Five months after launching the business, one of your suppliers informs you it can no longer supply you with a critical raw material because you are not a large-quantity user. Without the raw material your business cannot continue. What would you do? (a) I would grossly overstate my requirements to another supplier to make the supplier think I am a much larger potential customer in order to secure the raw material from that supplier, even though this would mean the supplier will no longer be able to supply another, noncompeting small manufacturer who may thus be forced out of business. (b) I would steal raw material from another firm (noncompeting) where I am aware of a sizable stockpile. (c) I would pay off the supplier because I have reason to believe that the supplier could be persuaded to meet my needs with a sizable tim81551_ch10IT.qxd 1/19/12 2:24 PM Page 381 Chapter 10 Ethical Decision Making and the Entrepreneur under-the-table payoff that my company could afford. (d) I would declare voluntary bankruptcy. Situation 5. You are on a marketing trip for your new venture, calling on the purchasing agent of a major prospective client. Your company is manufacturing an electronic system that you hope the purchasing agent will buy. During your conversation, you notice on the cluttered desk of the purchasing agent several copies of a cost proposal for a system from one of your direct competitors. This purchasing agent has previously reported mislaying several of your own company’s proposals and has asked for addi- 381 tional copies. The purchasing agent leaves the room momentarily to get you a cup of coffee, leaving you alone with your competitor’s proposals less than an arm’s length away. What would you do? (a) I would do nothing but await the man’s return. (b) I would sneak a quick peek at the proposal, looking for bottom-line numbers. (c) I would put the copy of the proposal in my briefcase. (d) I would wait until the man returns and ask his permission to see the copy. Part II STEP 1 Based on the criteria you used, place your answers to each of the situations just described along the continuum of behavior shown here: Duty Situation 1 Situation 2 Situation 3 Situation 4 Situation 5 Contractual Utilitarian Situational tim81551_ch10IT.qxd 1/19/12 2:24 PM Page 382 382 Part III The Founder and Team STEP 2 After separating into teams of five to six people, record the answers made by each individual member of your team on the form here. Record the answers of each team member in each box and the team’s solution in the column on the far right: Member Name: Team Answer Situation 1 Situation 2 Situation 3 Situation 4 Situation 5 STEP 3 Reach a consensus decision in each situation (if possible) and record the consensus that your team has reached in the previous chart. Allow 20 to 30 minutes. STEP 4 Report to the entire group your team’s conclusions and discuss with them how the consensus, if any, was reached. The discussion should focus on the following questions: Was a consensus reached by the group? Was this consensus difficult or easy to achieve? Why? What kinds of ethical issues emerged? How were conflicts, if any, resolved? Or were they left unresolved? What creative solutions did you find to solve the difficult problems without compromising your integrity? tim81551_ch10IT.qxd 1/19/12 2:24 PM Page 383 Chapter 10 Ethical Decision Making and the Entrepreneur 383 STEP 5 Discuss with the group the following issues: What role do ethical issues play? How important are they in the formation of a new venture management team? What role do ethical issues play and how important are they in obtaining venture capital? That is, how do investors feel about ethics and how important are they to them? What feelings bother participants most about the discussion and consensus reached? For example, if a participant believes that his or her own conduct was considered ethically less than perfect, does he or she feel a loss of self-respect or a sense of inferiority? Does he or she fear others’ judgment, and so on? What does it mean to do the right thing? STEP 6 Define each group member’s general ethical position and note whether his or her ethical position is similar to or different from yours: Member Different/ Similar Position STEP 7 Decide whom you would and would not want as business partners based on their ethical positions: Would Want Would Not Want tim81551_ch10IT.qxd 1/19/12 384 2:24 PM Page 384 Part III The Founder and Team Exercise 2 Ethical Decisions—What Would You Do? Here are three interesting real-life ethical decision situations for your consideration. Rim Job Jeremy, a successful entrepreneur in the automotive industry, is a certified car fanatic who is passionate about having the latest, hottest look for his street rod. A line of new wheel rims is all the rage, and after checking the prices ($1,500 each), he decides to contact the manufacturer directly and see if he can make a better deal. He is told that they are sold only through speed shops and custom shops, and that his area does not have a sales representative. If he would agree to become a representative and get $10,000 worth of wholesale orders, the manufacturer would sell him a set of the rims at cost, in addition to paying him his commission. Jeremy agrees. Now he knows how he’ll get his new rims. First Jeremy goes to the biggest and best speed shop nearby and asks for the rims by name. The owner says he has never heard of them. Jeremy, after telling the owner that they are really a popular product and that he is the sales rep, leaves some literature and says he will call again. Meanwhile he hires four male students from a local college to each go into the shop once in the next two weeks and to ask for the rims by name. They are to indicate that they would buy them if they were available. For this he pays each student $100. He then returns after three weeks, and the owner reports that the rims must be as hot as Jeremy says—kids have been asking for them. He orders $15,000 worth of rims to be delivered over six months. Jeremy is able to buy a set of rims from the manufacturer for $335 each and receives a $380 sales commission on the total sale. The speed shop owner sells $30,000 worth of the rims and reorders after four months. Jeremy remains the sales representative collecting commissions, but he does not actively promote the rims. Were Jeremy’s actions ethical? Why or why not? What should he have done? Empty Suits Fred was excited to make his pitch to some angel investors; but he felt a bit uneasy because although he’d used the terms team and we throughout his business plan, he was the only one involved in his venture. He had not yet been able to attract any members to his team, but he had had several conversations with prospects. His personal contact in the angel group told him that his venture was likely to be funded, but there would be considerable focus on his team; a lot was riding on the meeting. For the presentation to the group he had four of his best friends, not at all connected to the business, dress in their best business suits, accompany him to the presentation, take seats in the back of the room, and say nothing. He hoped to make the impression that he had a team. He did a great job in the meeting, and his “team” filed out after him. Was Fred being ethical? Why or why not? How should he have handled the situation? A Moving Disclosure Susan has been wrestling with moving her patio furniture manufacturing plant to Georgia from upstate Michigan, where her mother and father founded the company 58 years ago. Everything about her business will be easier there: closer to her markets, lower labor costs, lower raw materials costs, lower shipping costs, no problems with weather, and access to a labor pool that better fits her business. She finally makes the decision to move, but the site she has chosen will not be available for six months. Even though her company is a public company (she owns 35 percent) and her board is pushing her to maintain high production levels in Michigan as long as possible, she decides that in deference to her parents and their legacy in the community, she must tell her employees. Four days after signing the lease for the new site in Georgia, she holds a meeting on the shop floor and tells her employees. That afternoon she holds a press conference. Was Susan ethical? Why or why not? What are the implications and lessons from your discussion of the three cases? What role do ethical issues play in forming a team, selecting advisors and investors, and other entrepreneurial activities?