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BADM 2133 UNIT 1
1.
© 2012 Cengage
Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Business Ethics: Cases and Selected Readings, 7th Ed. Marianne M. Jennings Unit 1
2.
© 2012 Cengage
Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 1 The Power of a Credo 1. Who are you? Without the job title, the salary, the car, the house, who are you? 2. What things would you never do to be successful? What lines would you never cross in order to get a job? To get results? To meet goals?
3.
Examples of Credos •
“I would never withhold evidence in a case.” (from a prosecutor) • “I would never sign a document that I know contains false information.” • “I would never compromise safety for staying on schedule.” 2© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
4.
Our Legacy “Fifteen years
from now, my son will meet the son or daughter of one of our people who died that day, and I will be judged on what that kid tells my son about what Sandler O’Neill did for his family.” – Jimmy Dunne III • Sole surviving senior partner from 9/11/01 WTC attacks • One of 17 survivors out of a firm of 83 3© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
5.
An Example of
a Choice • New York City Marathon • Runners’ time verification • 46 of 71 runners investigated for anomalies in their time had taken the subway during the 26-mile run 4© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
6.
5 Ethics and Normative Standards •
A higher standard than law • Examples – Waiting your turn in line – Faithful to partners in relationships – Cheating on exams • Honesty • Fairness © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
7.
6 Philosophical Groundings of Ethics 1.
Divine Command Theory (Natural Law) 2. Ethical Egoism Theory Ayn Rand Thomas Hobbes Adam Smith Self-Interest The Theory of Moral Sentiments 3. Utilitarianism Jeremy Bentham John Stuart Mill © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
8.
7 Philosophical Groundings (cont’d) 4. Categorical
Imperative Immanuel Kent 5. The Contractarianists and Justice John Locke John Rawls 6. Rights Theory Robert Nozick 7. Moral Relativism: Circumstantial Ethics 8. Virtue Ethics: Plato and Aristotle © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
9.
8 Virtue Ethics: Robert
Solomon • Ability Being dependable and competent • Acceptance Making the best of a bad situation • Amiability Fostering agreeable social contexts • Articulateness Ability to make and defend one’s case • Attentiveness Listening and understanding • Autonomy Having a personal identity • Caring Worrying about the well-being of others despite power © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
10.
9 Virtue Ethics (cont’d) •
Charisma Inspiring others • Compassion Sympathetic • Coolheadedness Retaining control and reasonableness in heated situations • Courage Doing the right thing despite the cost • Determination Seeing a task through to completion • Fairness Giving others their due; creating harmony • Generosity Sharing, enhancing others’ well-being © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
11.
10 Virtue Ethics (cont’d) •
Graciousness Establishing a congenial environment • Gratitude Giving proper credit • Heroism Doing the right thing despite the consequences • Honesty Telling the truth; not lying • Humility Giving proper credit • Humor Bring relief; making the world better • Independence Getting things done despite bureaucracy © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
12.
11 Virtue Ethics (cont’d) •
Integrity Being a model of trustworthiness • Justice Treating others fairly • Loyalty Working for the well-being of an organization • Pride Being admired by others • Prudence Minimizing company and personal losses • Responsibility Doing what it takes to do the right thing • Saintliness Approaching the ideal in behavior © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
13.
12 Virtue Ethics (cont’d) •
Shame (capable of) Regaining acceptance after wrong behavior • Spirit Appreciating a larger picture in situations • Toughness Maintaining one’s position • Trust Dependable • Trustworthiness Fulfilling one’s responsibilities • Wittiness Lightening the conversation when warranted • Zeal Getting the job done right; enthusiasm © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
14.
13 Types of Ethical
Dilemmas 1. Taking things that don’t belong to you 2. Saying things you know are not true 3. Giving or allowing false impressions 4. Buying influence or engaging in a conflict of interest 5. Hiding or divulging information 6. Taking unfair advantage © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
15.
14 Types of Ethical
Dilemmas (cont’d) 7. Committing acts of personal decadence 8. Perpetrating interpersonal abuse 9. Permitting organizational abuse 10. Violating rules 11. Condoning unethical actions 12. Balancing ethical dilemmas © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
16.
J.P. Hayes, the
Golfer "I'm kind of at a point in my career where if I have a light year, it might be a good thing. I'm looking forward to playing less and spending more time with my family. It's not the end of the world. It will be fine. It is fine." © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 15
17.
16 How We Avoid
Ethical Dilemmas: Calling It By a Different Name “Peer-to-Peer File Sharing” vs. “Copyright Infringement” “Smoothing Earnings” vs. “Cooking the Books” “Financial Engineering” vs. “Fraud” “Aggressive Accounting” vs. “Earnings Manipulation” “Lying?” “Aggressive Legal Opinion” vs. “Illegal” “Manipulating Results” vs. “Deseasonalizing the Data” © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
18.
Watch the Language! “Cooking
the books” “Copyright infringement” “Manipulated appraisal” “Changed the numbers” “Backdating Options” “You lied” “Financial engineering” “Managing earnings” “Smoothing earnings” “Getting results” “Peer-to-Peer file sharing” “I got a second opinion” “Pro forma adjustment” “Deseasonalized the data” “Periodic look-backs *sic+” “No, I misremembered.” “No, I misspoke.” “No, I managed expectations.” © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 17
19.
Watch the Language! “The
employee stole from inventory.” “He was accepting cash for political favors.” “Bribes” “Suspended from school” “Conflict of interest” “That’s cheating!” “The employee showed poor judgment.” “He was just accessible.” “Useful expenditures” (Siemens) “Restricted” “It wasn’t so much a conflict of interest as it was a confluence of conflicting motives.” “That’s creative thinking!” © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 18
20.
19 How We Avoid
Ethical Dilemmas: Rationalizing • “Everybody else does it.” • “If we don’t do it, someone else will.” • “That’s the way it has always been done.” • “We’ll wait until the lawyers tell us it’s wrong.” • “It doesn’t really hurt anyone.” • “The system is unfair.” • “It’s a gray area.” • “I was just following orders.” • “We all don’t share the same ethics.” • “If you think this is bad, you should have seen . . . “ • Etc. © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
21.
Résumé Puffing –
Marilee Jones • The three degrees that did not exist • The time elapsed between when she “puffed” the résumé and when the information emerged • The fall-out was the loss of a career 20© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
22.
21 Background Check Expert’s Thoughts •
Peter Crist, a background check expert, said, “You can’t live in my world and cover stuff up. At some point in time, you will be found out if you don’t come clean. It doesn’t matter if it was 2 days ago or 20 years ago.”1 1JoAnn S. Lublin, “No Easy Solution for Lies on a Resume,” Wall Street Journal, April 27, 2007, p. B2 © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
23.
22 Some Simple Tests
for Resolving Ethical Dilemmas • Dr. Peter Drucker Primum non nocere Above all, do no harm. © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
24.
23 Resolving Ethical Dilemmas: Laura
Nash 1. Have you defined the problem accurately? 2. How would you define the problem if you stood on the other side of the fence? 3. How did this situation occur in the first place? 4. To whom and to what do you give your loyalty as a person and as a member of the corporation? 5. What is your intention in making this decision? 6. How does the intention compare with the likely results? © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
25.
24 Resolving Ethical Dilemmas: Laura
Nash (cont’d) 7. Whom could your decision or action injure? 8. Can you discuss your decision with the affected parties? 9. Are you confident that your position will be as valid over a long period of time as it seems now? 10. Could you discuss your decision with your CEO, board, friends, boss, family? 11. What is the symbolic potential of your action if understood? If misunderstood? 12. Under what circumstances would you make exceptions to your position? © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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25 Resolving Ethical Dilemmas: Blanchard
and Peale 1. Is it legal? 2. Is it balanced? 3. How does it make me feel? © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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26 “Contemplating any business
act, an employee should ask himself whether he would be willing to see it immediately described by an informed and critical reporter on the front page of his local paper, there to be read by his spouse, children and friends. At Salomon we simply want no part of any activities that pass legal tests but that we, as citizens, would find offensive.” Warren E. Buffett Acting Chairman upon Salomon’s ethical collapse Front-Page-of-the-Newspaper Test © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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27 Front-Page Test –
Too Late “If we were making that decision now in light of the press scrutiny we have been receiving, we probably would not have taken that risk.” Robert C. Winters Former Chairman, Prudential Insurance © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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28 Jennings’ National Enquirer Model “Make
up the worst possible headline you can think of, because that’s what you are going to get.” © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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29 The Wall Street
Journal Test 1. Am I in compliance with the law? 2. What are the consequences of my actions and decisions? 3. What contribution will my conduct make to the company, the shareholders, the employees, the community? C3 : Compliance, Contribution, Consequences © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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30 Resolving Ethical Dilemmas: Other
Models Kant and the Categorical Imperative Am I willing to live in a world that is subject to my rules or would I resent those who behave by my rules? What if the world behaved according to my rules? Would I be comfortable or would I be nervous? © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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31 Resolving Ethical Dilemmas: Other
Models • The Golden Rule –Treat others as you want to be treated. –How would you feel if you were on the receiving end of your conduct? © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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32 Resolving Ethical Dilemmas Common
Elements Test Primum Non Nocere Peter Drucker Above all, do no harm Laura Nash 1. Have you defined the problem accurately? 2. How would you define the problem if you stood on the other side of the fence? 3. How did this situation occur in the first place? 4. To whom and what do you give your loyalties as a person and as a member of the corporation? 5. What is your intention in making this decision? 6. How does this intention compare with the likely results? 7. Whom could your decision or action injure? 8. Can you engage the affected parties in a discussion of the problem before you make your decision? 9. Are you confident that your position will be as valid over a long period of time as it seems now? 10. Could you disclose without qualm your decision or action to your boss, your CEO, the board of directors, your family, or society as a whole? 11. What is the symbolic potential of your action if understood? If misunderstood? 12. Under what conditions would you allow exceptions to your stand? © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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33 Resolving Ethical Dilemma Common
Elements (cont’d) Test Primum Non Nocere Blanchard/Peale Is it legal? Is it balanced? How does it make me feel? Warren Buffett Would you be willing to see your actions reported on the front page of the newspaper? Wall Street Journal Compliance Contributions Consequences Golden Rule Treat others as you want to be treated Categorical Imperative Could you live in a world with your standards? © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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34 Steps in Ethical
Analysis 1. Make sure you have a grasp of all of the facts available. 2. List any information you would like to have but don’t and what assumptions you would have to make, if any, in resolving the dilemma. 3. Take each person involved in the dilemma and list the concerns they face or might have. Be sure to consider the impact on those not specifically mentioned in the case. 4. Develop a list of resolutions for the problem. Apply the various models for reaching this resolution. 5. Evaluate the resolutions for costs, legalities and impact. 6. Make a recommendation on the actions that should be taken. © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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35 On Plagiarism • Clarify
the distinctions between plagiarism, paraphrasing, and direct citation. From The Random House Handbook, 6th ed., by Frederick Crews (New York: McGraw-Hill, 1992, pp. 181-183): From the Center for Academic Integrity • Source: The joker in the European pack was Italy. For a time hopes were entertained of her as a force against Germany, but these disappeared under Mussolini. In 1935 Italy made a belated attempt to participate in the scramble for Africa by invading Ethiopia. It was clearly a breach of the covenant of the League of Nations for one of its members to attack another. France and Great Britain, as great powers, Mediterranean powers, and African colonial powers, were bound to take the lead against Italy at the league. But they did so feebly and half-heartedly because they did not want to alienate a possible ally against Germany. The result was the worst possible: the league failed to check aggression, Ethiopia lost her independence, and Italy was alienated after all. (J. M. Roberts, History of the World (New York: Knopf, 1976), p. 845.) © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
37.
36 Consider . .
. • Version A: Italy, one might say, was the joker in the European deck. When she invaded Ethiopia, it was clearly a breach of the covenant of the League of Nations; yet the efforts of England and France to take the lead against her were feeble and half-hearted. It appears that those great powers had no wish to alienate a possible ally against Hitler's rearmed Germany. • Comment: Clearly plagiarism. Though the facts cited are public knowledge, the stolen phrases aren't. Note that the writer's interweaving of his own words with the source's does not render him innocent of plagiarism. © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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37 • Version B:
Italy was the joker in the European deck. Under Mussolini in 1935, she made a belated attempt to participate in the scramble for Africa by invading Ethiopia. As J. M. Roberts points out, this violated the covenant of the League of Nations. ( J. M. Roberts, History of the World (New York: Knopf, 1976), p. 845.) But France and Britain, not wanting to alienate a possible ally against Germany, put up only feeble and half-hearted opposition to the Ethiopian adventure. The outcome, as Roberts observes, was "the worst possible: the league failed to check aggression, Ethiopia lost her independence, and Italy was alienated after all." (Roberts, p. 845.) • Comment: Still plagiarism. The two correct citations of Roberts serve as a kind of alibi for the appropriating of other, unacknowledged phrases. But the alibi has no force: some of Roberts' words are again being presented as the writer's. Consider . . . © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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38 • Version C:
Much has been written about German rearmament and militarism in the period 1933-1939. But Germany's dominance in Europe was by no means a foregone conclusion. The fact is that the balance of power might have been tipped against Hitler if one or two things had turned out differently. Take Italy's gravitation toward an alliance with Germany, for example. That alliance seemed so very far from inevitable that Britain and France actually muted their criticism of the Ethiopian invasion in the hope of remaining friends with Italy. They opposed the Italians in the League of Nations, as J. M. Roberts observes, "feebly and half-heartedly because they did not want to alienate a possible ally against Germany." (J. M. Roberts, History of the World (New York: Knopf, 1976), p. 845.) Suppose Italy, France, and Britain had retained a certain common interest. Would Hitler have been able to get away with his remarkable bluffing and bullying in the later thirties? • Comment: No plagiarism. The writer has been influenced by the public facts mentioned by Roberts. Consider . . . © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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39 What Students Gain Through
Plagiarism • Paper or assignment is done more quickly • They get a higher grade • They don’t have to do as much work • Their time is freed up for other activities, including activities such as volunteer work • They don’t have to learn subject matter they see as peripheral to their success © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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40 Risks of Plagiarism •
Sanctions for breach of academic integrity standards • Reputational harm • Possible public disclosure • Even if the student is not caught, the risk of bigger risks and more breaches in the future (with higher penalties) © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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41 What Students Forego
By Not Plagiarizing • Lose extra time to devote to other courses and activities • Better grade because professional writing is better than their writing • Higher grades in other courses because of time commitment to original work in courses © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.