Chapter 2: Ethics and Business Decision Making © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a © 2013 distributed Cengage Learning. All Rights Reserved. May be copied, or duplicated, in whole or in part, except license with a certain product or service or not otherwise on a scanned, password-protected website for classroom use. for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Business Ethics Ethics is the study of right and wrong behavior; whether an action is fair, right or just. In business, ethical decisions are the application of moral and ethical principles to the marketplace and workplace. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 2 Business Ethics Why Is Business Ethics Important? • Directors and Officers owe a complex set of ethical duties to their stakeholders (internal and external). • When these duties conflict, ethical dilemmas are created. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 3 Business Ethics The Moral Minimum. • Normally considered as mere compliance with the law. “Gray Areas” in the Law. • Make it difficult for companies to navigate and forecast. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 4 Business Ethics Short-Run Profit Maximization. • Some argue a businesses only goal should be to maximize profit. But executives need to distinguish between short-term and long-term maximization. • CASE 2.1 UNITED STATES V. SKILLING (2010). What did Skilling do that was unethical? © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 5 Business Ethics “Gray Areas” in the Law. • Make it difficult for companies to navigate and forecast. • CASE 2.2 MATHEWS V. B AND K FOODS, INC. (2011). What would you have done if you were the manager? If you were the employee? © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 6 Business Ethics Importance of Ethical Leadership. • Attitude of Top Management. • Behavior of Owners and Managers. • CASE 2.3 KRASNER V. HSH NORDBANK AG (2010). Did the plaintiff prove the incidents and environment of sexual favoritism were related to his gender? © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 7 Business Ethics Creating Ethical Codes of Conduct. • One of the most effective ways to promote ethical behavior in an organization. Ethics Training for Employees. • The Sarbanes-Oxley Act and web-based reporting systems (EthicsPoint). © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 8 Ethical Transgressions by Financial Institutions Corporate Stock Buybacks. • Rationale: Corporate management believes stock is undervalued, so instead of issuing dividends it buys stock in the market, thus boosting share value. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 9 Ethical Transgressions by Financial Institutions Startling Executive Decisions at American International Group (AIG). Executive Bonuses. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 10 Approaches to Ethical Reasoning Duty Based Ethics - derived from religious and philosophical principles. • Religious Ethical Standards. • Kantian Ethics. • The Principle of Rights. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 11 Approaches to Ethical Reasoning Duty-Based Ethics. • Religious Ethical Standards. • The rightness or wrongness of an action is usually judged according to its conformity to an absolute rule that commands a particular form of behavior. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 12 Approaches to Ethical Reasoning Duty-Based Ethics. • Religious Ethical Standards. • The motive of the actor is irrelevant in judging the rightness or the wrongness of the action. • These rules often involve an element of compassion. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 13 Approaches to Ethical Reasoning Duty-Based Ethics. • Religious Ethical Standards. • The motive of the actor is irrelevant in judging the rightness or the wrongness of the action. • These rules often involve an element of compassion. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 14 Approaches to Ethical Reasoning Duty-Based Ethics. • Kantian Ethics. • Premised on the belief that general guiding principles for moral behavior can be derived from human nature. • The categorical imperative is a central postulate of Kantian ethics. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 15 Approaches to Ethical Reasoning Duty-Based Ethics. • Kantian Ethics (cont’d). • The rightness or wrongness of an action is judged by estimating the consequences that would follow if everyone in a society performed the act under consideration. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 16 Approaches to Ethical Reasoning Duty-Based Ethics. • Principle of Rights. • Belief that every duty gives rise to a corresponding right, deeply embedded in Western culture. • Ethicality of an action is judged by how the consequences of the action will affect the rights of others. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 17 Approaches to Ethical Reasoning Outcome-based Ethics: Utilitarianism. • Action is ethical based on whether it produces the greatest good for the greatest number of people. • If it affects the majority adversely, it is morally wrong. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 18 Approaches to Ethical Reasoning Outcome-based Ethics: Utilitarianism. • Applying the utilitarian theory requires: • Determination of individuals affected; • Cost-Benefit analysis, and • Choice among alternative actions © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 19 Approaches to Ethical Reasoning Corporate Social Responsibility. • Those who manage corporations should be accountable to society for their actions. • Stakeholder Approach: corporations have a duty not only to shareholders but other groups (stakeholders) affected by corporate actions. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 20 Approaches to Ethical Reasoning Corporate Social Responsibility (cont’d). • Corporate Citizenship: promote goals that society considers worthwhile and take positive steps towards solving problems. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 21 Approaches to Ethical Reasoning Corporate Social Responsibility (cont’d). • Corporate Citizenship. • A Way of Doing Business. Poll found that 70% of executives polled agreed that corporate citizenship should be a priority. • But not all socially responsible activities benefit a company. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 22 Approaches to Ethical Reasoning Corporate Social Responsibility (cont’d). • Corporate Citizenship. • Employee Recruiting and Retention. Younger employees look for firms that are committed to socially responsible goals and community projects. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 23 Making Ethical Business Decisions George S. May company has provided six guidelines: • The law. • Rules and procedures. • Values. • Conscience. • Promises. • Heroes (role models). © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 24 Practical Solutions to Corporate Ethics Questions Corporate-Ethics.us has devised a procedure: • Inquiry. • Discussion. • Decision. • Justification. • Evaluation. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 25 Business Ethics on a Global Level American companies must be trained in cross-cultural business practices. Monitoring of Employment Practices of Foreign Suppliers. • Corporate Watch groups can hold corporations accountable. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 26 Business Ethics on a Global Level Foreign Corrupt Practices Act. • Prohibition Against Bribery of Foreign Officials. But FCPA does not permit “grease” payments to minor officials. • Nor does FCPA prohibit payments to foreign officials which are lawful in that country. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 27 Business Ethics on a Global Level Foreign Corrupt Practices Act (cont’d). • Nor does FCPA prohibit payments to private companies, unless the US firm knows the payments will go to an official. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 28 Business Ethics on a Global Level Foreign Corrupt Practices Act (cont’d). • Bribery by Foreign Companies. • Accounting Requirements. • Penalties for Violations: companies up to $2 million in fines, individuals up to $100,000, and up to 5 years in prison. © 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 29