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10 Looking Forward
Mike Householder/Associated Press
Learning Outcomes
After reading this chapter, you should be able to do the
following:
• Summarize potential ethical risks in business by recognizing
relevant issues, performing environmental
scanning, and identifying reliable resources for uncovering
future misconduct risks.
• Analyze how trends in the economic, geopolitical, social, and
technological environment lead to ethical
issues in business.
• Evaluate how emerging ethical issues affect the ethics and
compliance function in an organization.
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Introduction
Introduction
Self-Driving Cars
Imagine driving along a winding mountain pass, with a ravine
on the right and a rock wall
across the opposite lane on the left. Taking a sharp turn around
the mountain, you see two
cars coming toward you in both lanes, one trying to pass the
other. In seconds, each driver
must react. You slam on the brakes, hoping that the other cars
adjust to allow the passing car
to move out of your lane.
Now imagine the same situation, except this time you are in a
self-driving car, taking photos
of the scenery as you tour through the mountain pass. The car
relies on radar sensors, lasers,
and cameras to keep the vehicle on a path to the designated
destination (Greimel, 2013).
Turning the corner, the directional equipment cannot see around
the mountain, but recog-
nizes an obstacle immediately. The computer controlling the car
must now react. The decision
to stop or swerve can lead to a potentially fatal accident or save
all passengers. Your life and
the lives of others depend on the computer program designed
and installed by the automaker.
Do you trust the automaker to keep you safe?
Automakers are racing to launch self-driving, or autonomous,
cars by the year 2020. Some mod-
els already feature technology that allows them to park
themselves, warn of lane departures,
detect a vehicle in blind spots, and slow or stop to avoid an
obstacle even before the driver reacts.
Such measures have already reduced traffic accidents in the
United States, and studies predict
“that if just 10% of the cars in the U.S. were autonomous, there
would be 211,000 fewer accidents
annually, and 1,100 lives would be saved each year” (Tuttle,
2013, para. 7). Other advantages
include greater use of fuel resources and greater mobility for
persons with disabilities.
However, there are ethical challenges to market a car that
requires little or no driver inter-
vention (Newman, 2014). What would prevent a car
manufacturer from programming the
car’s route so passengers will pass sponsoring businesses? The
safety features in existing
cars emit warnings and require driver intervention. As
technology progresses toward a more
autonomous car, drivers may become accustomed to being able
to read, work, or perform
other tasks while the vehicle transports them to their
destination. Distracted drivers are less
likely to react quickly should they need to take control of the
vehicle (Knight, 2013).
Who is at fault when the car advises the driver to take control,
yet the driver does not, or
does not have enough time to do so? How should the system
choose between its passenger’s
safety and someone else’s life in an oncoming vehicle? The
issue is further complicated by the
complexity of the electronics and communications, and reliance
on transportation infrastruc-
ture, all of which increase the potential for system malfunction
or hacking. As one researcher
stated, “Every company wants to have the first self-driving car,
but no one wants to have the
first self-driving car crash” (Iozzio, 2014, p. 20).
The general concept behind an autonomous car is that it is a
robot designed to transport humans
and protect them in the process. In the 1950s, science fiction
author Isaac Asimov created the
three laws of robotics to outline the ethics of robotics when
interacting with humans:
1. A robot may not injure a human being or, through inaction,
allow a human being to
come to harm.
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Section 10.1 Identifying Ethical Risks of the Future
2. A robot must obey the orders given to it by human beings,
except where such orders
would conflict with the First Law.
3. A robot must protect its own existence as long as such
protection does not conflict
with the First or Second Laws. (Anderson, 2008, pp. 477–478)
Advances in technology to develop robotic weapons test
Asimov’s premise of doing no harm.
A robot is defined as “a mechanical device having a reasonably
high level of intelligence, the
ability to make elementary decisions, and the dexterity and
flexibility to perform an intricate
sequence of different motions without human intervention”
(Leap & Pizzolatto, 1983, p. 697).
Robots perform many tasks in manufacturing, surgery, and the
military. Why, then, would an
autonomous car be different?
First introduced by moral philosopher Philippa Foot in 1967,
the trolley problem is a thought
experiment that may shed some light on the moral decisions
imposed on the robotic car by
its creators (Myers, 2014). Imagine you are standing near a train
yard where you witness a
runaway trolley careening down the track toward five people
who will die unless the train
changes direction. You notice a lever that you could pull to
switch the trolley to a side track,
where a sixth person is standing and who would surely die
should the train be diverted. Your
options, then, are to do nothing and allow five people to die, or
pull the lever and cause one
person’s death. When presented with this scenario in a research
setting, subjects typically
rely on moral reasoning and moral emotions to determine a
course of action (Lanteri, Chelini,
& Rizzello, 2008). In a similarly complex dilemma, what could
a robotic car rely on to make
the most ethically sound decision?
This chapter explores the future trends in business and society
that are likely to create new
ethical issues for organizations. The material evokes reflection
on two questions: What are
the potential risks for ethical misconduct in the future? How
will changes in the workplace
influence organizational ethics programs? The chapter presents
tools to identify ethical issues
that a business may encounter in the future. Emerging issues are
explored that relate to future
workforce transitions, business models, and technological
advances. Then, approaches that
an ethics and compliance program may use to address new
ethical issues are considered. The
discussion in this chapter builds on the historical background of
business ethics in the first
chapters as well as topics relating to the identification of ethical
issues, ethical decision mak-
ing, and ethical traps. Looking forward requires understanding
the past.
10.1 Identifying Ethical Risks of the Future
Business leaders can detect early warnings of the ethical risks
of the future by monitoring
an organization’s internal and external environments for the
ethical dimensions of busi-
ness strategies. Recall from Chapter 3, ethical dimensions of
business are described as what
ought to be and include value judgments rather than data-driven
factual dimensions (Grier,
2013). Exploring the ethical dimensions of business requires
reflection beyond the immedi-
ate business activity and considers the long-term effects on
stakeholders and the organiza-
tion. Additionally, Chapter 3 introduced environmental scanning
as an organizational process
that enables companies to identify political, social, and
technological trends that could influ-
ence misconduct in the workplace. Business strategists
recognize environmental scanning
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Section 10.1 Identifying Ethical Risks of the Future
that incorporates stakeholder analysis as the foundation for
corporate planning of success-
ful organizations (Bluedorn, Johnson, Cartwright, & Barringer,
1994; Kimiagari, Keivanpour,
Mohiuddin, & Van Horne, 2013).
As discussed in Chapter 1, social issue life cycle theory asserts
that attention to ethical issues
changes over time, progressing from relative inattention to an
ethical issue, to awareness of
the issue, and finally to an expectation for responsible behavior
by the public or other com-
pany stakeholders (Ackerman, 1975; Zyglidopoulos, 2003).
Therefore, ethical issues become
more important to certain stakeholder groups. Ethical issue
intensity describes the per-
ceived relevance or importance of an ethical issue to individuals
or groups (Ferrell, Fraed-
rich, & Ferrell, 2013). Managers need to develop capabilities to
identify the ethical issues that
require attention and action.
This section provides strategies for managers to identify future
ethical issues that require a
response from their organization. Environmental scanning for
ethical dimensions includes
engaging stakeholders and recognizing that ethical issue
intensities will shift over time
(Bowie & Dunfee, 2002; Crittenden, Crittenden, Pinney, & Pitt,
2011). A framework is offered
to determine appropriate company responses to moral pressures
from the public and com-
pany stakeholders. The section concludes with a guide of
credible and reliable resources to
identify emerging ethical issues.
Recognizing Relevant Ethical Issues
Managers may not have the time and resources to prepare for
every potential ethical issue.
Meyer and Kirby (2010) have identified three factors that create
demand for businesses to
address an ethical issue: 1) the growing scale of companies and
their impacts, 2) improve-
ments in sensors that measure impacts, and 3) heightened
sensibilities of stakeholders. Man-
agers should consider these factors in predicting ethical issues
that are relevant to their
business.
Scale reflects the recognition that a firm or industry can have a
large impact on the environ-
ment, people, and the economy. Larger companies are often
under greater public scrutiny as
irresponsible actions (e.g., pollution, labor violations, or false
advertising) impact a larger
number of people. For example, a Chinese media report exposed
the unsafe practices of a
meat factory supplying American fast food chains in Shanghai,
China, including reusing meat
that had fallen on the floor and selling expired meat products
(Solomon, 2014). The factory
was not acting with integrity and misrepresented the safety and
freshness of meat sold to cus-
tomers. The food safety violations may not have been noticed if
it were not for the factory’s
connection to McDonald’s and KFC restaurants in the Shanghai
area. The two fast food chains
have more than 8,000 restaurants in China and have struggled
with food safety scandals in
their supply chain since 2012.
Companies can predict future ethical issues relating to the scale
of their business by rec-
ognizing the resources that comprise the largest part of the
company’s product or service.
For example, beef and chicken are main ingredients for
McDonald’s flagship items, making
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Section 10.1 Identifying Ethical Risks of the Future
unsafe food practices of a meat supplier a relevant ethical issue
to which the company must
respond. Increasingly, consumers and the public tend to hold a
firm responsible for not only
its own but also its suppliers’ unethical behaviors (Hartmann &
Moeller, 2014). Ethical issues
in global supply chains include unsafe work environments,
human rights violations, harmful
environmental outputs, and poor product quality or output.
Ethical issues with procurement
of other key ingredients, such as potatoes, may warrant
attention by fast food companies.
These companies and others may find that their global
workforce has grown so large that
monitoring ethical conduct becomes more challenging.
Sensors refer to technology that measures actual outcomes of an
industry or individual com-
pany and provides the ability to track sources of misconduct
directly to the source company.
As discussed in Chapter 3, new technologies, such as keystroke
monitoring, global positioning
systems (GPS), and radio frequency identification (RFID) chips,
can detect misuse of pro-
prietary data or fraud. These sensors can track misconduct
throughout a company’s supply
chain or measure the impact of a company’s misconduct. For
example, radiation sensors and
GPS tracking on moving vehicles provided an accurate
reflection of the damage to residents
from Japan’s nuclear plant explosions in 2011 due to a safety
failure of emergency systems
(Hemmi & Graham, 2014).
Heightened sensibilities for an ethical issue relate to the
expectation for responsible behav-
ior by the public or other company stakeholders. Managers
should seek ethical issues that
could arise from the business strategy, including the entire
value chain. For example, Oxfam
International and Human Rights Watch enacted a boycott to
force Indian rug producers to
abandon the use of child labor that violates global ethic
standards (see Chapter 4) such as
the Global Sullivan Principles, the Fair Labor Association
Workplace Code of Conduct, the
United Nations Global Compact’s Ten Principles, and Social
Accountability International’s
SA8000 Standard (Ballet, Bhukuth, & Carimentrand, 2014). The
boycott affected importers
and retailers of Indian rugs as well, and encouraged them to
purchase only from certified rug
producers. Managers can recognize relevant emerging ethical
issues by looking for future
shifts in stakeholder priorities, potential legal action by
stakeholders, and ethical misconduct
throughout the supply chain.
Environmental Scanning of Stakeholders
and Ethical Issue Intensity
Responding to the moral judgments of consumer, labor, and
investor stakeholders is a chal-
lenge for many companies that may be pressured to address
societal issues, such as animal
testing, abortion, homosexuality, equal opportunity, alcohol and
tobacco use, human and
worker rights, and gun control. Management should ask, “How
have stakeholder expectations
changed?” to recognize shifts in stakeholder attitudes toward an
ethical issue (Meyer & Kirby,
2010, p. 43). As the intensity of an issue grows, company
stakeholders increase pressure for
a business to act responsibly by expressing their moral
judgment on the issues. However,
despite the pressure, a company may not be able to act on the
moral judgments of all stake-
holders. Bowie and Dunfee (2002) provide a framework to
categorize moral pressures on
business and appropriate responses as depicted in Table 10.1.
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Section 10.1 Identifying Ethical Risks of the Future
Table 10.1: Strategies for responding to moral expressions
of company stakeholders
Type of Moral
Expression
Moral Expression
Is . . . Examples
Recommended
Strategy
Benign Inarguably consistent
with universal princi-
ples (ethical principles
with which most people
agree)
Pressure on tobacco
companies to pro-
vide clear, dramatic
warnings about health
effects; investor pres-
sure for transparent
financial reporting
If expressed as a man-
datory duty, firm has
an obligation to act in
compliance
Disputed A contested issue
within the relevant
community that is not
resolved by manifest
universal principles; an
idiosyncratic context-
specific issue
Shareholders or
employees demand-
ing that their firm stop
giving corporate money
to Planned Parenthood
based on antiabor-
tion views; employees
objecting to a policy
requiring that frequent
flyer miles earned on
firm business are given
to the firm, which they
find to be unfair
Act consistently with
core values of the firm
Problematic Inarguably inconsis-
tent with universal
principles
Employees, unions, and
customers demanding
racial discrimination
Resist compliance
Source: Adapted from Bowie, N., & Dunfee, T. (2002).
Confronting morality in markets. Journal of Business Ethics,
38(4), 381–393.
Benign moral pressures reflect widely accepted ethical
principles, such as a desire to protect
human well-being and provide a safe workplace. As introduced
in Chapter 1, these universal
principles are hypernorms, described as “principles so
fundamental that, by definition, they
serve to evaluate lower-order norms, reaching to the root of
what is ethical for humanity”
(Donaldson & Dunfee, 1999, p. 46). Managers may consider
that a business activity is widely
accepted by most people when it is mandated by regulation,
industry practice, or global ethi-
cal standard. For example, the right to a safe and healthy
working environment is recognized
as a fundamental human right by the International Labour
Organization, a United Nations
agency (ILO, 2011). In response, many nations have regulations
on occupational health and
safety. Bowie and Dunfee (2002) encourage companies to
comply with benign moral pres-
sures, especially those mandated by law.
Disputed moral pressures arise when one segment of the public
opposes the position of
another segment. In addition to the societal moral issues that
have been mentioned, disputes
on the fairness of employee policies or corporate governance
practices can create emerging
ethical issues. The best course of action for companies is to
follow their core values in deter-
mining appropriate actions.
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Section 10.1 Identifying Ethical Risks of the Future
Problematic moral pressures center around what is “ethical for
humanity” (Donaldson &
Dunfee, 1999, p. 46), and typically occur when a company or its
stakeholders demand an
activity that violates a universal ethical standard, such as
discriminating according to race or
engaging in slave labor. Even organizations with strict policies
consistent with universal val-
ues can experience a shift in ethical standards in response to
influential dominant stakehold-
ers (Sawaoka, Newheiser, & Dovidio, 2014). One example is
supplier pressure to allow child
labor in order to reduce manufacturing costs.
Credible and Reliable Resources
Responsive companies may be able to anticipate benign,
disputed, and problematic pressures
by regularly scanning the credible and reliable resources
available within the internal and
external environment. Regular review of company sources, such
as common helpline top-
ics, misconduct reports, exit interviews, and employee/supplier
surveys, may offer valu-
able insight into ethical issues that are emerging internally
within the organization. There
are numerous sources to gather information from the external
environment, including news
media and business journals. A suggested practice is for
managers to subscribe to newsfeeds
of business, ethics, and compliance outlets for alerts to
regulatory shifts, industry practices,
and reported misconduct. These daily or weekly reminders can
generate dialogue among
management as to possible application within the organization.
Credible public news outlets can indicate shifts in public
opinion especially with the recent
growth in user-created content on news media online editions.
The Organisation for Eco-
nomic Co-operation and Development (OECD) defines user-
created content as: “a) content
made publicly available over the Internet, b) which reflects a
certain amount of creative
effort, and c) which is created outside of professional routines
and practices” (OECD, 2007,
p. 4). A 2014 Pew Research Center study reports that “11% of
all online news consumers have
submitted content (including videos, photos, articles, or opinion
pieces) to news websites or
blogs” (Mitchell, 2014, p. 5).
User-created content on social media (websites for social
networking) provides management
with valuable information on the opinions of customers,
employees, suppliers, competitors,
and the public. Fan and Gordon (2014) recommend the use of
social media analytics, which
‘involves a three-stage process: capture, understand, and
present” (p. 74) (see Figure 10.1).
Social media analytics is the interpretation of social media data
to “extract useful patterns
and intelligence,” going beyond simply tracking traffic to an
Internet site (Fan & Gordon,
2014, p. 74).
The first step is to discover and collect messages from social
websites through social media
monitoring. One challenge encountered in this step is sifting
through the large amount of
irrelevant material that may be collected. The second step is to
interpret the meaning of the
social media content using techniques for categorizing opinions,
and analyzing sentiments
and trends in an effort to predict shifting customer, supplier,
employee, and community
expectations of the company (Kalampokis, Tambouris, &
Tarabanis, 2013). Finally, when pre-
senting trends in emerging ethical issues, companies will focus
on identifying potential risks
and opportunities. For example, increasing public concerns
about improper disposal of con-
sumer electronics leaking toxic chemicals into the environment
encouraged companies to
offer trade-in or removal services when purchasing a new
product (Fan & Gordon, 2014).
ped82162_10_c10_295-324.indd 301 4/23/15 8:49 AM
• Gather data from various sources
• Preprocess the data
• Extract pertinent information from the data
Capture
• Remove noisy data (optional)
• Perform advanced analytics: opinion mining
and sentiment analysis, tropic modeling,
social network analysis, and trend analysisUnderstand
• Summarize and evaluate the findings from
the understand stage
• Present the findings
Present
Section 10.1 Identifying Ethical Risks of the Future
While useful, organizations should consider user-created
content with care as it tends to
reflect the beliefs of individuals with strong convictions rather
than those of the general pop-
ulation (Eveland & Shah, 2003; Yildirim, Gal-Or, & Geylani,
2013). User-created content also
tends to reflect a younger and more technologically-savvy
individual who may not represent
public opinion. For example, during the days following the 2012
elementary school shooting
in Newtown, Connecticut, the Pew Research Center found that
while nearly two thirds of
those who posted related comments on Twitter expressed
support of stricter gun control, its
public opinion polls during the same period indicated a more
equal split with 49% support-
ing gun control and 42% opposing stricter gun controls (Matsa
& Mitchell, 2014). In addition,
when interpreting reader reactions to media coverage of various
issues, companies must bear
in mind the potential for bias in the U.S. news media toward
liberal or conservative social
causes (Eveland & Shah, 2003; Sutter, 2012).
A wide range of non-media organizations, such as nonprofit
research centers, communities
of practice, non-governmental organizations (NGOs), and think
tanks, provide valuable infor-
mation on emerging ethical issues that may affect businesses.
The U.S.-based Ethics Resource
Center and the European-based Institute for Business Ethics are
examples of nonprofit ethics
research organizations that offer insight into misconduct in the
workplace. A community of
practice is often described as a group of people “who share a
concern, a set of problems, or
a passion about a topic, and who deepen their knowledge and
expertise in the area by inter-
acting on a regular basis” (Wenger, McDermott, & Snyder,
2002, p. 4). Some communities of
practice are informal social networking groups, while others are
members only, requiring an
annual fee to participate.
Figure 10.1: Social media analytics process
A social media process entails three stages designated to
capture, understand, and present information
on consumer and social trends affecting the business.
Source: Weiguo, F.A.N., & Gordon, M.D. (2014). The power of
social media analytics. Communications of the ACM, 57(6), 74–
81. Reprinted
with permission of The Association for Computing Machinery.
• Gather data from various sources
• Preprocess the data
• Extract pertinent information from the data
Capture
• Remove noisy data (optional)
• Perform advanced analytics: opinion mining
and sentiment analysis, tropic modeling,
social network analysis, and trend analysisUnderstand
• Summarize and evaluate the findings from
the understand stage
• Present the findings
Present
ped82162_10_c10_295-324.indd 302 4/23/15 8:49 AM
I II III
Updated Aug 28, 2014
North
America
South
America Africa
Europe
Asia
Preventative
Priority Level
Section 10.1 Identifying Ethical Risks of the Future
An example of an organization that provides executive
networking opportunities to under-
stand and address critical issues is The Conference Board, Inc.
(The Conference Board, 2014).
Another community of practice is the Corporate Executive
Board Company (CEB), which
offers networking opportunities by function, including ethics
and compliance officers (CEB
Compliance & Ethics Leadership Council, 2014). These
networking opportunities allow pro-
fessionals to discuss what ethical issues create concerns for
their businesses. As an NGO, the
United Nations Global Compact provides companies with
guidance on responsible business
practices worldwide with special working groups to explore key
issues.
Think tanks are groups of experts who research technological
and social problems with the
goal of generating creative solutions and offering advice. Think
tanks often rely on member-
ship and sponsorship from companies and/or academic
institutions. For example, a resource
for identifying threats to businesses worldwide is the Council
on Foreign Relations (CFR), an
independent, nonpartisan membership organization, think tank,
and publisher of Foreign
Affairs magazine. CFR’s website includes an interactive global
conflict tracker, which provides
a view of perceived security threats worldwide (see Figure 10.2
for a screenshot of CFR’s
interactive Global Conflict Tracker). The threat analysis is a
summary of CFR’s annual Preven-
tive Priorities Survey, which asks governmental officials,
experts, etc. to assess the likelihood
of occurrence of a major threat in the following 12 months. A
major threat includes cyber
attacks against business and governmental websites, and
computer databases (Council on
Foreign Relations, 2014). In 2013, extensive attacks on banking
databases and public web-
sites in South Korea and the United States disrupted banking
transactions and risked con-
sumer information (Sang-Hun, 2013; Gorman & Yadron, 2013).
Figure 10.2: CFR interactive Global Conflict Tracker
Global assessment of crisis risks provides early warnings of
threats to business.
Source: From CFR’s Global Conflict Tracker from the Center
for Preventive Action. Copyright © 2015 by the Council on
Foreign Relations.
Reprinted with permission.
I II III
Updated Aug 28, 2014
North
America
South
America Africa
Europe
Asia
Preventative
Priority Level
ped82162_10_c10_295-324.indd 303 4/23/15 8:49 AM
Section 10.1 Identifying Ethical Risks of the Future
Table 10.2 summarizes credible and reliable resources to
identify emerging ethical issues for
an organization.
Table 10.2: Sample resources for identifying emerging ethical
issues
Resources Example Sources Consideration for Use Suggested
Practices
News media The New York Times
The Wall Street Journal
Financial Times
The Economist
Forbes
Bias in coverage and
position; user-generated
content provides reader
opinions
Monitor multiple news
sources for balancing
biases
Ethics/corporate social
responsibility (CSR)
magazines
Ethisphere Institute
Ethical Corporation
Provides industry best
practices and emerging
issues
Distribute beyond the
ethics and compliance
or social responsibility
staff
Interactive forum/
online newswires
CSRwire
The GRC Digest
Law.com newswire
Provides timely notice
of regulatory shifts,
industry practices, and
ethical misconduct
Share with manage-
ment throughout
the organization and
encourage dialogue
on application to the
business
Social media Twitter, Inc.
Facebook, Inc.
LinkedIn Corporation
Foursquare
Manta
YouTube
Valuable insights into
changing consumer
interests and tastes,
influential users, poten-
tial crises, and com-
petitive intelligence;
may not reflect public
opinion
Adopt social media
monitoring and ana-
lytical tools to identify
ethical issues relating
to industry or company
Nonprofit research
centers
Ethics Resource Center
Institute of Business
Ethics
National surveys
provide information
on types of misconduct
and reporting barriers
Review trends that
signal a shift in what
employees consider
unethical behavior
Communities of
practice
The Conference Board
CEB
Business for Social
Responsibility
European Business Eth-
ics Network
Allows ability to dia-
logue with peers; costly
Select an organization
that fits the industry or
primary focus of ethics
and CSR initiatives
NGOs and think tanks UN Global Compact
Transparency
International
Council on Foreign
Relations
The World Economic
Forum
Publicly available stud-
ies identify emerging
opportunities and risks
for business; need
to interpret ethical
dimensions
Determine gaps in
ethics and compliance
program given new
issues
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Section 10.1 Identifying Ethical Risks of the Future
Management should consider how the global trends in the
economic, geopolitical, social, and
technological environment affect existing or future stakeholders
of the organization. The
World Economic Forum, a global think tank located in Geneva,
Switzerland, provides a com-
prehensive overview of economic, environmental, geopolitical,
societal, and technological
risks that have the potential for “significant negative impact for
several countries and indus-
tries” (World Economic Forum, 2014b, p. 12). A complete
listing from the Global Risks 2014
report is included in Table 10.3, along with the ranking of the
top 10 global risks of highest
concern. The report identifies three trends that industries should
consider:
1. Demands on governments for reform may negatively affect
industries such as
healthcare, financial services, and energy;
2. The generation entering the workforce in the 2010s faces
high unemployment,
unfulfilling economic potential, and are full of ambition to
improve the world;
3. A dynamic online world allows for cyber attacks that destroy
trust in the Internet for
communication or commerce (World Economic Forum, 2014b).
Table 10.3: Global risks 2014
ECONOMIC
Shocks to economic infrastructure
Fiscal crises in key economies [1]
Failure of a major financial mechanism or institution [9]
Liquidity crises
Structurally high unemployment/underemployment [2]
Oil-price shock to the global economy
Failure/shortfall of critical infrastructure
Decline of importance of the US dollar as a major currency
ENVIRONMENTAL
Natural disasters and man-made risks of depletion of natural
resources
Greater incidence of extreme weather events (e.g. floods,
storms, fires) [6]
Greater incidence of natural catastrophes (e.g. earthquakes,
tsunamis, volcanic eruptions, geomagnetic
storms)
Greater incidence of man-made environmental catastrophes (e.g.
oil spills, nuclear accidents)
Major biodiversity loss and ecosystem collapse (land and ocean)
Water crises [3]
Failure of climate change mitigation and adaptation [5]
GEOPOLITICAL
Areas of politics, diplomacy, conflict, crime, and global
governance (corruption)
Global governance failure [7]
Political collapse of a nation of geopolitical importance
Increasing corruption
Major escalation in organized crime and illicit trade
Large-scale terrorist attacks
Deployment of weapons of mass destruction
Violent inter-state conflict with regional consequences
Escalation of economic and resource nationalization
(continued)
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Section 10.2 Emerging Ethical Issues
SOCIETAL
Risk relating to social stability and public health
Food crises [8]
Pandemic outbreak
Unmanageable burden of chronic disease
Severe income disparity [4]
Antibiotic-resistant bacteria
Mismanaged urbanization (e.g. planning failures, inadequate
infrastructure and supply chains)
Profound political and social instability [10]
TECHNOLOGICAL
Risks relating to growing centrality of information and
communication technologies
Breakdown of critical information infrastructure and networks
Escalation in large-scale cyber attacks
Massive incident of data fraud/theft
Note: Brackets [ ] denote ranking in top 10 global risks of
highest concern.
Sources: Table 1.1 & Table 1.2, p. 13 in World Economic
Forum. (2014). Global risks 2014 (Ninth ed., pp. 60).
Switzerland.
Reprinted with permission.
The potential global risks have ethical dimensions. Using the
categorization of ethical issues
from Chapter 3, many of the global risks to business involve
employee misuse of company
resources, honest and truthful communication that demonstrates
respect and fairness toward
company stakeholders, and workplace issues, such as lying to
employees, discrimination
leading to improper hiring practices, abusive behavior and
harassment, health or safety vio-
lations, and employee privacy breaches. Future risks and
opportunities for a business orga-
nization can lead to new ethical issues that may require
managers to adopt a different way of
interacting with stakeholders.
10.2 Emerging Ethical Issues
Managers need to focus on the emerging ethical issues that are
most relevant for their orga-
nization. The trends and risks uncovered in the environmental
scanning of credible sources
can determine the ethical issues that are most likely to affect a
business. This section provides
some examples of ethical issues that a manager may need to
address in the future. An orga-
nization’s evaluation of ethical risks is ongoing and should not
be limited to the emerging
ethical issues in this chapter. Managers can develop the
capabilities to identify potentially sig-
nificant ethical issues by exploring current trends in business,
such as workforce transitions,
new business models, and communication and technological
advances.
Workforce Transitions
New ethical issues emerge as companies respond to a changing
workplace. In many coun-
tries, service-related jobs are replacing manufacturing jobs, thus
creating a demand for work-
ers with higher education degrees and technological skills.
Companies in developed countries
need to adapt to an aging workforce that requires new
approaches in assuring the health,
Table 10.3: Global risks 2014 (continued)
ped82162_10_c10_295-324.indd 306 4/23/15 8:49 AM
Jobs requiring creativity ad complex human exchanges are
increasing.
Those that can be computerized are in decline.
W a n t e d : s k i l l s o f h u m a n i n t e r a c t i o n
Change in U.S. Jobs 2001–2009
Transaction jobs that
can be automated
Interaction jobs
involving problem
solving and contact
Production jobs turning materials
into finished goods
+4.8 million
-0.7 million
-2.7 million
Section 10.2 Emerging Ethical Issues
safety, and well-being of employees. Workforce planning for
future ethical concerns includes
assessing the current workforce, identifying challenges in future
workforce skills, and antici-
pating legal obligations in recruiting and hiring employees
(Crush et al., 2014).
As identified by the World Economic Forum (2014b), one of the
top global risks is severe
income disparity. Wage inequality can be accounted for in large
part by the growing trend
toward a services-occupation economy, which is divided into
the lower paying routine jobs on
one end of the spectrum and the higher paying managerial or
consultative jobs on the other.
The shift toward lower wages for certain services began in the
1990s as companies began
outsourcing janitorial and security services in the United States
by contracting with private
companies that often pay lower wages and do not offer
employee benefits. One study found
that janitors received up to 7% less in wages after outsourcing,
whereas security guards saw
wage losses in the 8% to 24% range (Dube & Kaplan, 2010). A
survey of hiring managers
worldwide has shown that over the next five years, more than
half of all jobs in the United
States will require technical skills and higher education levels
(Mulvey & Schramm, 2013).
The report found that industries demanding specific technical
skills or advanced college edu-
cation include high tech, manufacturing, health, construction,
mining, and oil and gas.
Entry-level jobs and jobs with no minimum education
requirements are primarily in the
nonprofessional services industry, with the lowest paid
employees working in retail and
food preparation (Bureau of Labor Statistics, 2014a). Colvin
(2014) provides support for a
trend that companies are replacing many low-skilled jobs with
technology whenever possi-
ble. The jobs that remain typically require creativity and human
interaction (as shown in
Figure 10.3).
As a result of the wage disparity, companies will likely face
emerging ethical issues when
employing unskilled workers. Those who manage to find low
paying jobs are likely to experi-
ence major financial and mental stress as they struggle to
balance family and work, leading
to depression, high absenteeism, and turnover (Devine et al.,
2006; Henly & Lambert, 2014;
Figure 10.3: Shift of U.S. jobs 2001–2009
Jobs requiring creativity and human exchanges are increasing in
the U.S.
Source: Colvin, G. (2014). In the future, will there be any work
left for people to do? Fortune, 169(8), 193–202.
Jobs requiring creativity ad complex human exchanges are
increasing.
Those that can be computerized are in decline.
W a n t e d : s k i l l s o f h u m a n i n t e r a c t i o n
Change in U.S. Jobs 2001–2009
Transaction jobs that
can be automated
Interaction jobs
involving problem
solving and contact
Production jobs turning materials
into finished goods
+4.8 million
-0.7 million
-2.7 million
ped82162_10_c10_295-324.indd 307 4/23/15 8:49 AM
Percent distribution of civilian labor force, by age,
1992, 2002, 2012, and projected 2022
75 years and over
65 to 74 years
55 to 64 years
25 to 54 years
20 to 24 years
16 to 19 years
P
e
rc
e
n
t
d
is
tr
ib
u
ti
o
n
100%
90%
80%
70%
50%
60%
40%
30%
20%
10%
0%
1992 2002 2012 Projected 2022
Section 10.2 Emerging Ethical Issues
Okechukwu, El Ayadi, Tamers, Sabbath, & Berkman, 2012).
Financial stress may also lead to
stealing from the workplace or using company time for personal
concerns, such as making
phone calls home during working hours.
In many developed countries, the working age population is
becoming older. By 2025, 35% of
the workforce in most countries of the European Union (EU)
will be comprised of 50- to
64-year-olds, compared to 17% of workers who are 25 years old
and younger (European
Commission, 2014). In the United States, employees aged 55
and over are expected to com-
prise over 25% of the workforce by 2022 (Bureau of Labor
Statistics, 2014b). Figure 10.4
depicts the trends of an aging workforce in the United States,
showing an increase from 1992,
in which older workers comprised only 11.8% of the workforce.
Now that very few U.S. companies offer pension plans, and
Social Security benefits are dwin-
dling, many older workers are putting off retirement. The effect
on business is unclear. In
many countries, age discrimination in hiring occurs due to
stereotypes that older work-
ers are resistant to change, less likely to cope with stress, and
less productive (Karpinska,
Henkens, & Schippers, 2013; Vandenberghe, Waltenberg, &
Rigo, 2013). A European study
supporting such stereotypes showed that older workers in one
organization tend to engage
Figure 10.4: Trends of aging workforce in the United States
The share of labor in the United States is projected to rise for
people age 55 and over.
Source: Bureau of Labor Statistics. (2014a). The editor’s desk,
share of labor force projected to rise for people age 55 and over
and fall for
younger age groups. Retrieved September 2, 2014, from
http://www.bls.gov/opub/ted/2014/ted_20140124.htm.
Percent distribution of civilian labor force, by age,
1992, 2002, 2012, and projected 2022
75 years and over
65 to 74 years
55 to 64 years
25 to 54 years
20 to 24 years
16 to 19 years
P
e
rc
e
n
t
d
is
tr
ib
u
ti
o
n
100%
90%
80%
70%
50%
60%
40%
30%
20%
10%
0%
1992 2002 2012 Projected 2022
ped82162_10_c10_295-324.indd 308 4/23/15 8:49 AM
http://www.bls.gov/opub/ted/2014/ted_20140124.htm
Section 10.2 Emerging Ethical Issues
in counteractive communicative behaviors that prevent teams
from creating ideas, find-
ing solutions, and productive discussion (Schulte, Lehmann-
Willenbrock, & Kauffeld, 2013).
Counteractive communication includes statements expressing no
interest in change, com-
plaining, denying responsibility, or terminating the discussion,
such as “Well, that’ll never
happen,” “We’re always the ones who get bullied,” and “That’s
the supervisors’ fault” (Schulte
et al., 2013, pp. 948–949). Ethical issues relating to
discrimination and harassment can erode
trust in the ethical culture of the company. Organizations like
AARP, Inc. (formerly the Amer-
ican Association of Retired Persons) offer advice for companies
to help them address the
effects that aging workers have on their organization and steps
for creating a culture that
attracts qualified workers of all ages (AARP, 2014).
The workplace of tomorrow may look very different from today.
Companies are expecting
more output from employees as technology enhances
productivity, allows older workers
to continue employment, and replaces routine tasks (Colvin,
2014; European Commission,
2014). Employees in creative, technical, and managerial
positions can work anywhere and
at all hours of the day. A trend for the younger generations is to
start their own business, or
work as an integral part of a small business. As more employees
strive to balance work and
family with increased pressure for long hours, companies can
respond by including ameni-
ties such as “restaurants and cafes, coffee shops, dry cleaners,
community centers, day care
and elder care” (Moore, 2013, para. 9). Larger companies like
Google offer on-site services to
employees, whereas smaller companies may need to collaborate
with other small businesses
to create a workplace hub to share amenities.
With the line between work and personal time blurring,
companies will struggle to prevent
employee use of company equipment, time, and expense
accounts for personal use. In 2013,
Yahoo! Inc. Chief Executive Officer (CEO) Marissa Mayer
rescinded the right for employees to
work from home due to concerns of accountability and
alignment (“Yahoo! Telecommuting
ban may be unique, but revisiting arrangements recommended,”
2013). Managers may need
to resolve the conflict between trusting employees to work from
home and the reality that
some employees abuse the privilege by misstating working time
or starting their own busi-
ness (Bercovici, 2013).
New Business Models
Like the changing workplace, new business models have the
potential to create emerging
ethical issues. Nidumolu, Prehalad, and Rangaswami (2009)
describe new business models
as a way to gain a competitive advantage by finding “novel
ways of delivering and capturing
value, which will change the basis of competition” (p. 60). An
early example of a new business
model with an innovative delivery mechanism for providing
products and services belongs to
Interface, Inc., a carpet company. Rather than selling and
installing carpet that would even-
tually end up in a landfill, Interface implemented a service
model that allowed commercial
customers to lease carpeting, which the company would
maintain and properly dispose of
when it was worn (Geiselman, 1998). The leasing program
addresses the environmental eth-
ics issues of the carpet industry, explained by an Interface
executive as:
The [carpet] industry sends 4 billion pounds of stuff to landfills
each year.
The plan benefits both the environment and customers who
otherwise would
have to dispose of the carpet themselves. Some landfills refuse
to accept car-
pet, and others charge high fees. (Geiselman, 1998, p. 11)
ped82162_10_c10_295-324.indd 309 4/23/15 8:49 AM
Section 10.2 Emerging Ethical Issues
However, Interface’s business model created a new ethical issue
by modifying the way com-
panies purchase and expense carpeting. Leasing carpet rather
than purchasing it changes the
way the asset is expensed and depreciated, creating a temptation
for clients to misreport the
asset on company financial statements (Frecka, 2008).
New business models developed by the banking industry have
also resulted in emerging ethi-
cal issues. The banking industry is undergoing changes in the
way customers make financial
transactions. Customers may pay bills, transfer funds, and
deposit or withdraw money with-
out ever visiting a bank branch. The use of video-equipped
automatic teller machines (ATMs)
allow bank customers to speak with live remote tellers to
complete complex transactions like
bill and loan payments, opening new accounts, and initiating
loans.
Mobile banking creates ethical challenges in ensuring
confidentiality of private information
and securing data from outside hackers. In the near future,
mobile banking could include the
use of technologies, such as Google Glass and smartwatches.
Credit cards may be replaced
by facial recognition software, mobile payment systems,
touchless transactions, and a digital
wallet that allows purchases from within mobile device apps
and mobile websites (Roberts
& Mondalek, 2014). One test of Google Glass in New Zealand
banks found that consumers
disliked using voice commands to conduct mobile banking,
stating a desire for privacy when
making financial transactions (Crosman, 2014). Security
remains a predominate reason that
consumers do not engage in mobile banking or online payments
in any form, with fears of
data interception, phone hacking, or trust of the company’s use
of personal information as
specific concerns (Board of Governors of the Federal Reserve
System, 2014, pp. 11 & 13).
Some changes in banking influence the nature of bank employee
jobs, creating other ethi-
cal issues for the industry. Such issues relate to employee
perceptions of fairness when lay-
offs result from a shift to automated and mobile banking. Over
1,700 branch employees of
Barclays Bank PLC in the United Kingdom lost jobs in 2013
because mobile banking made
their jobs redundant (Crosman, 2013). At the same time, Bank
of America tellers in New York
invoked a strike claiming their positions were displaced by
cheaper labor at the bank’s call
centers handling video ATM financial transactions (Crosman,
2013).
Communication and Technology Advances
Innovations in communication and technology that drive some
new business models also
result in emerging ethical issues that are not immediately
evident to managers. For example,
the introduction of new technology such as the personal
computer, personal digital assis-
tants, and mobile phones may have seemed like a novelty to
some people (Huber, 2005). Over
time, however, technological innovations such as these have
become an essential part of the
workplace, changed the tasks of the workforce, and created
unanticipated ethical challenges.
Managers should consider the ethical implications of greater
Internet use, communication
among the supply chain, and wearable technology.
Since its inception, the Internet has evolved so rapidly that
many ethical issues have emerged
in ways that are difficult to resolve given their pervasive nature.
The basis for the Internet
is an “any-to-any” connectivity of computer networks, which
follows conventions that were
established in the United States in 1973 (Markoff, 2013). Over
40 years later, there are an
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Section 10.2 Emerging Ethical Issues
Going Global: Google Grapples Globally
Google is a global leader in the Internet publishing,
broadcasting, and search portals industry,
which encompasses organizations that publish online content,
provide search portals, and
operate websites (Hoovers, 2014c). Major competitors to
Google include Facebook (United
States), Yahoo! (United States), Baidu, Inc. (China), Tencent
Holdings Limited (China), DeNA
Co., Ltd. (Japan), and Naver Corporation (South Korea). To
remain competitive, Google oper-
ates in more than 50 countries and is available in more than 100
languages (Hoovers, 2014b).
Diverse regional and national policies on Internet privacy and
censorship create challenges for
Google. According to the industry overview from Hoovers
(2014c), regulations of the Internet
are continually changing to keep up with new ethical issues,
stating:
Laws and regulations are a significant challenge for Internet
content firms.
Import/export requirements, content policies, trade restrictions,
and data
privacy are among the many regulatory hurdles Internet firms
must clear to
do business on a global scale. (p. 5)
Google’s international presence provides two examples of
tackling ethical issues with the
Internet.
Censorship in China
In 2000, Google launched a Chinese version of Google.com
with great anticipation of
accessing a large, growing population of Internet users (Tan &
Tan, 2012). As the company
struggled to increase market share, Google created new products
that allowed access to
information that the Chinese Internet search engine, Baidu.com,
did not allow. Following
Chinese government investigations into Google’s operation,
Google succumbed to pressures
estimated 2.7 billion Internet users worldwide (Hoovers,
2014c). The United States governs
much of the Internet, controls the addressing system, and is
home to leading Internet-related
companies like Microsoft, Google, and Facebook, Inc. (Gjelten,
2013). However, fears of reli-
ance on the United States for Internet connectivity have
prompted various European coun-
tries to set up intraregional hubs for Internet exchanges. For
example, data transfers to and
from Norway, Finland, and Russia can route through Sweden
(Irion, 2009). Thailand is becom-
ing an Internet gateway for Vietnam, Laos, Cambodia, and
Myanmar (Leesa-nguansuk, 2012).
As data travels through complex systems of network hubs,
citizens lose the protection of
national privacy rules (Irion, 2009). Privacy rules vary by
region. The EU countries require
Internet search engines to restrict access to information that
citizens want to protect, China
and other countries restrict access to politically sensitive
content, and the United States
protects the free flow of information (Fisher, 2014). Forrester
Research provides a global
heat map that shows the levels of protection for data privacy by
country at http://www
.forrestertools.com/heatmap/. Business strives to safeguard
confidential data from surveil-
lance in countries where government monitoring of Internet and
phone communications lim-
its privacy, such as in the United States, the United Kingdom,
Russia, China, Thailand, Taiwan,
and Singapore (Sherman, 2014). See Going Global: Google
Grapples Globally for ethical issues
relating to government surveillance, international privacy rules,
and protecting individual
and company proprietary information.
(continued)
ped82162_10_c10_295-324.indd 311 4/23/15 8:49 AM
http://www.forrestertools.com/heatmap/
http://www.forrestertools.com/heatmap/
Section 10.2 Emerging Ethical Issues
to restrict access to politically sensitive sites or topics and
share private customer data to
government agencies. Tan and Tan (2012) noted that:
For Google to uphold its values—of “Don’t Be Evil” and make
information
“universally accessible and useful”—while compromising its
ethical stan-
dards to cooperate with a Chinese government that maintains
social control
through sophisticated filtering of “offensive” Internet content
puts it in a
CSR [ethical] paradox. (p. 473)
In 2009, Google experienced a data breach allegedly from the
Chinese government seeking
incriminating evidence against Chinese dissidents. The incident
prompted Google to reduce
its presence in mainland China and publish a link on its
government approved “.cn” domain
(Google.cn) to an uncensored website based in Hong Kong
(Hoovers, 2014b).
Censorship in Europe
In 2010, while managing the issues of censorship in China,
Google was also dealing with
a privacy issue relating to European data protection law. Google
holds 85% of the search
engine market in Europe. A Spanish citizen claimed that Google
was violating his privacy
when search results included a newspaper notice of his
repossessed home. The case went to
the Court of Justice of the European Union. On May 13, 2014,
the European Court ruled on
the following issues:
a. On the territoriality of EU rules: Even if the physical server
of a company process-
ing data is located outside Europe, EU rules apply to search
engine operators if
they have a branch or a subsidiary in a Member State which
promotes the selling of
advertising space offered by the search engine;
b. On the applicability of EU data protection rules to a search
engine: Search engines
are controllers of personal data. Google can therefore not
escape its responsibilities
before European law when handling personal data by saying it is
a search engine.
EU data protection law applies and so does the right to be
forgotten.
c. On the “Right to be Forgotten”: Individuals have the right—
under certain condi-
tions—to ask search engines to remove links with personal
information about them.
(European Commission, 2012, p. 1)
Google must comply with the new requirements to respond to
requests for removing links to
content by European users. However, the court ruling fails to
provide clear direction on how
to implement a fair process that respects the rights of the
individual without jeopardizing
open access to information. Some questions Google and other
search engines have on the rul-
ing include:
How will each EU member nation interpret and enforce the
ruling?
Does the ruling apply to non-Europeans who petition removal of
information to Euro-
pean regulators?
Must removal of online content or links to content occur only in
Europe, or across world-
wide platforms?
If worldwide removal is required, how can search engines
comply with free speech laws
of the United States? (Scott, 2014)
Going Global: Google Grapples Globally (continued)
(continued)
ped82162_10_c10_295-324.indd 312 4/23/15 8:49 AM
Section 10.2 Emerging Ethical Issues
Questions to Consider
1. How can Google determine the best ethical approach to
handling government
demands for censorship of information or disclosure of
customer transactions?
Using the two-fold test from Chapter 3, how does complying
with government
demands harm company stakeholders and/or violate a common
ethical principle
or business standard?
2. How does Google’s introduction of future products like an
autonomous car and
Google Glass create potential challenges in censorship and
surveillance demands
from law enforcement and governments?
3. If you were Google’s ethics and compliance officer, what
actions would you take to
anticipate future ethical issues and incorporate them into the
ethics and compliance
program?
Going Global: Google Grapples Globally (continued)
While businesses seek to prevent unauthorized access to
confidential data, legitimate com-
munication with business partners contributes to the potential
for a cyber attack. Director of
National Intelligence James Clapper highlighted this security
threat in a report to the United
States Senate Select Committee on Intelligence on March 12,
2013:
We assess that highly networked business practices and
information tech-
nology are providing opportunities for foreign intelligence and
security ser-
vices, trusted insiders, hackers, and others to target and collect
sensitive U.S.
national security and economic data. (Clapper, 2013, p. 2)
The Software Alliance (BSA) finds that hackers are able to
bypass computer security through
unlicensed software used by company vendors, customers, and
business partners. A global
software survey by BSA found that many employees are not
aware of company policies pro-
hibiting unlicensed software, increasing the potential for
noncompliance within the organiza-
tion or enforcement of compliance by suppliers (BSA | The
Software Alliance, 2014). Manag-
ers need to identify gaps in their ethics and compliance efforts
that put the company at risk of
misconduct due to emerging security threats.
Another new technological advance that could affect business
includes wearable technology.
For the past decade, RFID chips in clothing provide
transparency of the supply chain to the
apparel manufacturers and retailers. Research continues to
expand the technology to weave
electronic sensors into the cloth. Manufacturers recognize new
business opportunities with
the development of smart textiles that “regulate body
temperature, reduce wind resistance,
and control muscle vibration” (Hoovers, 2014a, p. 11).
Optical wearable technology has been in use by the military and
aviation (Wong, 2014). In
2012, Google announced the beta testing of Google Glass,
eyeglass frames with a small com-
puter display connected to the Internet. Some industries are
eager to adopt wearable sur-
veillance technology to improve employee productivity and
customer service. Virgin Atlantic
Airways Ltd. hopes that concierge and airport staff using
Google Glass and other wearable
technology can assist passengers upon arrival, when boarding,
and in-flight by accessing a
database on passenger preferences (Weiss, 2014).
ped82162_10_c10_295-324.indd 313 4/23/15 8:49 AM
Section 10.3 The Future of Organizational Ethics and
Compliance
Small, lightweight, hands-free cameras used in sports over the
past decade are finding their
way into the workplace. As of 2013, one out of every four U.S.
police departments provides
wearable cameras for patrol officers. While officers wearing
body cameras experience fewer
citizen complaints and use of force incidents than those without
(Elinson & Kesling, 2014),
individuals and businesses fear misuse of surveillance by police
or the government.
Many of these wearable technologies create emerging ethical
issues regarding privacy and
confidentiality (Whitford, 2014). Innovations in surveillance
technology have created major
privacy concerns among employees, customers, and businesses.
Initially, police officers
opposed using wearable cameras for fear that supervisors could
target them for disciplinary
action (Elinson & Kesling, 2014). Companies should consider
employee reactions to surveil-
lance in the workplace.
In the United Kingdom, theater owners banned Google Glass
from cinemas for fear of users
making copies of films (Weiss, 2014). Companies may need to
consider a similar ban to pro-
tect intellectual property. Privacy concerns of customers of
restaurants, bars, and other public
venues fear videos or photos taken without their knowledge are
prompting the businesses to
ban the use of wearable surveillance technology in some
establishments, which can be a simi-
lar concern in the workplace. Restrictions on the use of Google
Glass devices while driving
due to perceived cognitive distraction continue to evolve,
affecting transportation companies
or employee travel policies (Rosenberger, 2014). Companies
need to consider possible uses
of wearable surveillance devices for harassing employees or
sharing proprietary information
with competitors. Ethics officers must consider future ethical
issues and their impact on the
organizational ethics and compliance program.
10.3 The Future of Organizational
Ethics and Compliance
Ethics and compliance professionals need to anticipate future
demands on their profession to
respond to emerging issues that result from changes in the
workplace and new business inno-
vations. The ethics and compliance function has changed since
the inception of the profession
in the 1990s as a response to the U.S. Defense Industry
Initiative (DII) (see Chapter 1). Chap-
ter 4 explored the influence of laws and guidelines on the role
of an ethics and compliance
officer to coordinate a company’s legal, ethics, audit, training,
and risk functions. Emerging
ethical issues will affect the ethics and compliance practice in
the future, including the orga-
nizational ethics and compliance program and the ethics and
compliance function.
Given the volume and complexity of emerging ethical issues in
the years to come, ethics and
compliance professionals will benefit from employment
opportunities in their field, but bear
the brunt of the heavy demands they will likely face. In the
United States, the Bureau of Labor
Statistics (2014a) projects employment of over 250,000
compliance officers by the year 2022.
While occupations focusing solely on compliance are expected
to grow at a rate of only 5%
between 2012–2022, a lower than average rate of other
occupations, surveys from the Soci-
ety of Corporate Compliance and Ethics (SCCE) have found that
27% of companies expect to
increase staffing for the ethics and compliance functions
(SCCE, 2013).
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Section 10.3 The Future of Organizational Ethics and
Compliance
Despite burgeoning employment opportunities, another survey
found that over half of ethics
and compliance professionals suffer from job-related stress and
60% consider leaving their
job (SCCE, 2012). Reasons for stress include the pressures to
comply with new and changing
laws and regulations, challenges to prevent compliance and
ethics violations, and complexity
of remediating compliance and ethics violations. The following
sections examine the future
demands on ethics and compliance professionals, beginning
with regulatory shifts that dic-
tate changes in company policies.
Regulatory Shifts Lead to Company Policy Shifts
Shifts in government regulation lead to shifts in corporate
policy. As shown in Going Global:
Google Grapples Globally, multinational companies often
struggle to address regulations that
are inconsistent with corporate values and policies. Managers in
Asia and Europe find that
corporate ethical codes that prevent censorship of Internet
content may need to be adapted
to local regulations. In the case of Google, the company
addresses the variance in privacy and
freedom of information by stating in its code of conduct:
Google is committed to advancing privacy and freedom of
expression for our
users around the world. Where user privacy and freedom of
expression face
government challenges, we seek to implement internationally
recognized
standards that respect those rights as we develop products, do
business in
diverse markets, and respond to government requests to access
user infor-
mation or remove user content. (Google, Inc., 2012, Serve Our
Users section,
para. 5)
For further clarification of policies, Google instructs its
employees to contact the legal or eth-
ics and compliance office of their location. As with all
multinational corporations, Google
must provide custom ethics training by region to accommodate
varying regulations among
nations. While Europe’s ruling for the right to be forgotten
specifically applies to providers
of Internet search engines, the shift toward broadening the
scope and reach of privacy laws
should make companies of all industries take notice.
Similar to the nebulous realm of the Internet, marijuana
legalization represents another con-
stantly shifting landscape. It can be difficult for companies
operating in different states or
countries to keep track of where marijuana is legal, illegal,
legal only for medicinal purposes,
or in the process of becoming legal. Marijuana, or cannabis, is
an illegal drug in most coun-
tries. In the United States, it is considered a controlled
substance under the Controlled Sub-
stances Act (Title II of the Comprehensive Drug Abuse
Prevention and Control Act of 1970)
(Hartman, 2013).
In the 1970s, some states and countries decriminalized
marijuana possession for personal
use, yet retained criminality of the manufacturing, distribution,
and sale of marijuana. In the
1990s, the drug became legal in Alaska, Oregon, Washington,
and Maine for medicinal reasons,
primarily pain management (Mello, 2013). Worldwide,
medicinal uses of marijuana became
legal in Canada beginning in 2001, and later in Chile, Finland,
and Israel. In 2012, Colorado
and Washington became the first states to legalize the sale of
marijuana for recreational use.
In December 2013, Uruguay became the first country to legalize
the growing, selling, and use
of marijuana (“Uruguay—Marijuana Becomes Legal,” 2013).
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Section 10.3 The Future of Organizational Ethics and
Compliance
Many international companies are challenged to create
appropriate organizational drug use
policies that take into account the evolving legalization of
marijuana use. Medical marijuana
use may be legal in some states, yet it remains an illegal
substance under federal law and its
use or sale is not allowed. Courts hearing wrongful termination
cases rule that while patients
with grave and debilitating disabilities fall under the Americans
with Disabilities Act, protec-
tion does not preclude firing an employee for taking a drug that
is illegal under federal law
(Hartman, 2013). However, interpretations of
employee/employer rights regarding medical
marijuana could change. The legislation legalizing medical
marijuana in New York includes
antidiscrimination protections for certified patients using
marijuana for medical reasons
(Volpe & Reiter, 2014).
An article in the Colorado Biz magazine provided two examples
of how companies could
maintain current drug policies, despite the legalization of
marijuana in Colorado. In essence,
as long as marijuana remains an illegal substance under federal
law, businesses can ban it
and continue drug tests to enforce the ban (Hartman, 2013).
Companies with military or gov-
ernment contracts must comply with federal requirements
regarding controlled substances.
According to Geotech Environmental Equipment’s president and
CEO, “Geotech is required to
maintain a drug-free workplace because of the work we do for
the federal government, so we
test at hire, accident and reasonable suspicion” (Caley, 2013,
para. 18). Workplace safety is
another reason for prohibiting marijuana use, especially for
industries under federal regula-
tion. Many workers at Colorado-based Swingle Lawn, Tree and
Landscape Care drive motor
vehicles and fall under Federal Motor Carrier Safety
Administration regulations. The policy at
the company affects all workers; as the human resources
director explained, “Even if they are
not driving, they are operating chainsaws and climbing 60-foot
trees, so all employees are still
subject to pre-employment drug testing and post-incident
testing” (Caley, 2013, para. 16).
Organizations wanting to preserve a ban on marijuana use
should revise policy statements
clarifying company rules that any marijuana use—for medicinal
purposes or purchased under
state laws allowing recreational use—is prohibited both during
work hours and outside work
hours. This is a recommended strategy even for those companies
operating only in locations
where marijuana remains illegal. Stating the company policy
during the hiring process can
prevent employees from misunderstanding their right to
marijuana under state laws. Ethics
and compliance professionals play an important role in
identifying and addressing potential
ethical issues from new regulations in the organization.
The Ethics and Compliance Professional in the Future
The ethics and compliance function has evolved throughout the
past three decades. Many
businesses invested in ethics and compliance management
because of regulatory initiatives
and the U.S. Federal Sentencing Guidelines for Organizations
(FSGO) (see Chapters 4 and 9).
However, the ethics and compliance professional plays a much
larger role in the organiza-
tion than that dictated by law. The ethics and compliance
function of the future will need to
respond to the demands on the profession to prevent misconduct
by the organization and
safeguard the public interest (Murphy, 2014).
In May 2014, RAND Corporation explored the potential shifts
in the compliance field over the
coming decade during its annual symposium. The symposium
was sponsored by the RAND
Center for Corporate Ethics and Governance, a research
organization committed to improving
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Section 10.3 The Future of Organizational Ethics and
Compliance
public understanding of corporate ethics, law, and governance
and to identifying specific ways
in which businesses can operate ethically, legally, and
profitably (Murphy, 2014). The business
leaders and academic experts participating in the discussions
recognized that emerging risks
to a company’s reputation are driving changes to the ethics and
compliance function. A com-
pany’s reputation may be harmed by violations of law,
opportunistic and dishonest behavior,
and an amoral corporate culture. Business management
considers that the role of the ethics
and compliance function and the chief ethics and compliance
officer is to address emerging
reputational risks, prevent misconduct that contributes to
reputational risk, and limit the
damage of a reputational crisis. One of the attendees expressed
the heightened attention to
the ethics and compliance function to mitigate reputational risk
by stating:
Reputation risk is a chief concern for many, many board
members today.
Directors know that they need to be worried about reputation,
but they’re
often vague about what they specifically need to do. This
involves a basic
tieback to the compliance function, and to what the compliance
officers are
doing to address operational and strategic risk at the highest
levels of their
organizations. (Greenberg, 2014, p. ix)
To address risks in the organization, ethics and compliance
professionals should cultivate
positive relationships with auditing staff if the organization is
large enough to warrant ded-
icated auditing resources. Internal and external auditors
evaluate the effectiveness of risk
management, controls, and governance processes (Forman,
2013). New regulations create
stress on the ethics professionals to keep policies current,
educate the workforce, and moni-
tor compliance. They are responsible for maintaining the
organizational ethics and compli-
ance program, which includes setting ethical standards, training
employees, and investigating
reports of misconduct. Ethics and compliance professionals can
avoid duplicating tasks by
leveraging the auditors for monitoring compliance. Auditors can
verify that employees are
following the laws, regulations, and policies by including
compliance tests in the audit proto-
cols (Forman, 2013). Ethics officers should meet regularly with
auditing staff to identify high-
risk areas to include in the audit plan. Auditors can share
findings and serve as consultants to
the ethics staff to remedy noncompliance situations.
Challenges for Ethics and Compliance Professionals
Ethics and compliance professionals of the future will need to
overcome challenges to further
their role of protecting their company’s reputation. In order to
establish a company culture of
integrity and ethical conduct, the ethics and compliance
function must have legitimacy within
the organization. Organizational legitimacy is “a generalized
perception or assumption that
the actions of an entity are desirable, proper, or appropriate
within some socially constructed
system of norms, values, beliefs, and definitions” (Suchman,
1995, p. 574).
Legitimacy is important for ethics and compliance professionals
to influence appropriate
behavior. The compliance nature of the ethics and compliance
function often entails asking
employees to follow rules that affect their job performance. For
example, as sales departments
strive to increase revenue and make sales, the ethics and
compliance staff track pending regu-
lation that would restrict the industry if companies ignore
responsible business practices. As
emerging regulations create change in company ethics policies,
ethics and compliance pro-
fessionals will need to establish legitimacy with all employees
of the organization to affect
appropriate change in behaviors.
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Section 10.3 The Future of Organizational Ethics and
Compliance
Treviño, den Nieuwenboer, Kreiner, and Bishop (2014)
conducted a study of the legitimacy
of the ethics and compliance function in U.S. organizations.
They found that the ethics and
compliance function’s legitimacy resulted from external
sources, primarily the regulatory
pressures due to past ethical scandals. However, most ethics and
compliance officers experi-
enced internal challenges with legitimacy within their company,
creating a barrier to effec-
tively managing the ethics and compliance program. The study
identified four internal chal-
lenges to establishing legitimacy within an organization, which
relate to previous discussions
throughout the text.
1. Difficulty in evaluating effectiveness
Ethics and compliance officers struggle with measuring the
return on investment of
ethics and compliance initiatives. The metrics for an ethics and
compliance program
differ from other functions and may require further explanation
to show a return on
investment. This can be achieved by utilizing some of the
approaches for measur-
ing the effectiveness of an ethics and compliance program that
were discussed in
Chapter 9.
2. “We are already ethical” mentality
Even with top management support, some employees will
question the need for
ethics and compliance guidance, as they perceive that they are
acting in line with
personal ethical principles. In Chapter 1, this phenomenon is
described as ethical
fading, which can lead to cognitive biases that increase the
potential for unethical
behaviors. Therefore, the role of ethics professionals is to look
beyond the for-
mal organizational ethics program and identify ethical traps that
may occur (see
Chapter 7).
3. Clash with business imperatives
Ethics and compliance officers must address some employees’
beliefs that ethics is
contrary to pursuing business success. Chapter 1 outlined the
costs of ethical lapses,
including a loss of reputation that influences customer loyalty,
employee satisfaction,
and government intervention, while Chapter 2 demonstrated that
responsible com-
panies gain competitive advantages, such as attracting
employees, reliable supply
chain and favorable competitive environment.
4. Clash with legal mindset
Contradictions exist between the goals and purposes of the legal
department and
those of the ethics and compliance function. One ethics and
compliance officer
expressed this conflict by stating:
General Counsel’s role is to protect the corporation. Therefore,
the advice that they give is, “This is the law. This is what you
can
do, and this is what you can’t do.” That’s a lawyerly thing to do
and that’s what I would expect a general counsel to do. The
Ethics
Officer’s role is to say, “I understand what the law is, but I
don’t
believe this is . . . how we put ourselves out with respect to
integ-
rity.” (Treviño et al., 2014, p. 192)
This clash with the legal mindset creates a challenge for the
ethics and compliance profes-
sional to create an environment of ethical conduct beyond what
is dictated by law. For that
reason, the reporting relationship between the ethics officer and
his or her supervisor is
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Section 10.3 The Future of Organizational Ethics and
Compliance
gaining importance in structuring an effective ethics and
compliance program for the future,
as discussed in Chapter 9. The trend is to remove the ethics and
compliance function from the
legal department, and have a direct reporting relationship to the
CEO or board of directors.
Direct access to the board complies with the FSGO, and allows
for independence of the legal
department and unrestricted investigations of misconduct at
senior levels of management
(Snell, 2011b).
Building Trust in the Ethics and Compliance Profession
Trust is a fundamental component of a business’s reputation.
The CEO of SCCE, Roy Snell
(2013), considers that the most important role an ethics
professional can play in business is
to build trust through an ethical culture that contributes to the
success of the organization
and the economy. Joseph Murphy, the director of public policy
at SCCE feels that ethics and
compliance professionals have a duty to protect the public
interest. He stated:
. . . when C&E (Compliance and Ethics) violations occur in
major companies,
there is the potential for dramatic negative consequences with
more wide-
spread impact (e.g., the Bhopal disaster, Enron debacle, BP oil
spill). Organi-
zational misconduct can result in high-stakes harm to society.
(Murphy, 2014,
p. 9)
Sharon Allen (2010), chairman of the board at Deloitte,
recommends positioning the ethics
officer and ethics staff as trusted and strategic advisors on the
ethical best practices that
the organization needs. Ethics professionals should consistently
scan for emerging ethical
issues and anticipate revisions of the code of conduct or
company policies. Knowing the top
global risks that could influence the business allows the ethics
team to create plans to protect
against the threat. A leading concern for business is the
unauthorized access to confiden-
tial data (Council on Foreign Relations, 2014; World Economic
Forum, 2014). Folsom (2014)
found that even with the increasing threat of cyber attacks,
many companies are not pre-
pared to detect or prevent hackers from accessing data. The
reason provided is that no one in
the organization is accountable for compliance, training, and
monitoring programs to protect
against cyber threats. Ethics and compliance professionals can
take ownership of data secu-
rity by becoming proficient in technical cybersecurity issues.
A good relationship with information technology (IT) personnel
is essential to implementing
security procedures designed to prevent cyber theft, or
modifying software applications to
comply with new regulations. Ethics professionals and IT
professionals often have trouble
communicating with each other because they tend to use terms
that are specific to their posi-
tions. One compliance officer, Stuart Lehr stated, “A lot of the
problem is that you get lost with
the first acronym from IT staff ” (“Compliance and IT Work
Best as Partners,” 2011, p. 5). A
shared list of acronyms and terms with explanations can
enhance communication. Likewise,
ethics professionals cannot expect IT personnel to understand
systems changes from reading
a regulation. Lehr provides the following questions to guide IT
professionals in responding to
new regulations:
1. Task: What does the regulation require?
2. Translation: How do we eliminate compliance jargon and
define what we need
to do?
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Section 10.3 The Future of Organizational Ethics and
Compliance
3. Result: What must systems do to meet the regulations?
4. Inventory: Is there existing functionality that can be
modified?
5. Gaps: Where are the holes in functionality?
6. Deadline: When must compliance be reached?
7. Validation: How will tests verify the system is in
compliance? (“Compliance and IT
Work Best as Partners,” 2011, p. 6)
Beyond developing a relationship with IT professionals, ethics
officers must develop a rela-
tionship with the organization’s executives. To develop trust,
ethics officers should convey
messages in terms that executives will understand. Since
business executives care about the
financial viability of the company, ethics professionals should
discuss ethical risks in financial
terms, rather than in moral terms. Allen (2010) suggests
following this formula when recom-
mending investments in addressing an emerging ethical issue:
• First, calculate your organization’s enterprise value or market
capitalization.
• Then, discuss the implications of how the lack of an ethical
culture [or attention to
an ethical issue] can bring down the entire enterprise. (Use
actual examples when it
has happened before).
• Finally, draw the connection between ethical behavior and the
value of the entire
enterprise. (p. 556)
The ethics and compliance function has made a great deal of
progress since the 1980s when
the DII formed to create the first ethical principles for business.
Organizational ethics and
compliance programs today are more comprehensive than that of
General Dynamics’s eth-
ics program, which included the first formal standards of
business ethics and conduct. A
new profession of ethics and compliance has emerged to focus
on creating an ethical culture
within an organization. Recognizing the value of an ethics
professional, Bentley professor
Patrick J. Gnazzo gives this advice to students:
No matter what career you choose after you leave Bentley, an
effective chief
ethics and compliance officer (CECO) will make your job all
the more enjoy-
able. An effective CECO has your back, and he or she will make
it easier to say
“no” to the inevitable pressure to cut corners or bend the rules.
An effective
CECO allows employees to devote their energies to being
productive rather
than protective. (Gnazzo, 2011, p. 534)
An ethical business requires employees and managers to hold all
coworkers and leadership
accountable for ethical conduct. Responsible managers strive to
encourage ethical decisions
by fostering a culture to recognize ethical issues, mitigate
biases and pressures against ethical
conduct, and leading by example. A formal organizational ethics
program provides employees
and managers the tools to encourage and support responsible
business conduct now and in
the coming years. A long history of events and sociopolitical
changes shape the ethical and
societal expectations of business. Ethical leaders learn from
prior experiences, realize cur-
rent ethical concerns, and anticipate future ethical issues for
their business. An ethical and
responsible business creates long-term value for customers,
employees, shareholders, sup-
pliers, and the community.
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Summary & Resources
benign moral pressure Stakeholder pref-
erence for behavior that is inarguably con-
sistent with manifest universal principles.
community of practice Groups of people
who share a concern, a set of problems, or
a passion about a topic and interact on a
regular basis to deepen their knowledge and
expertise in the area.
counteractive communicative behav-
iors Actions that prevent teams from creat-
ing ideas, finding solutions, and productive
discussions.
disputed moral pressure Stakeholder pref-
erence for behavior that is not resolved by
manifest universal principles and reflects one
segment of society in opposition of another.
Summary & Resources
Chapter Summary
Trends in the economic, geopolitical, social, and technological
environment create new ethi-
cal issues for business. Social issue life cycle theory asserts that
ethical issues evolve over
time, progressing from relative inattention to an issue, to
awareness, and finally to an expec-
tation for responsible behavior by stakeholders. Proactive
identification of emerging ethical
issues requires monitoring an organization’s internal and
external environments to detect
early signs of the ethical dimensions of future business
opportunities.
Company stakeholders can bring three types of ethical issues to
the attention of management.
Benign ethical issues are those consistent with universal
principles of acceptable conduct.
Disputed issues are controversial, with opposing views of
acceptable action. Problematic
issues are those that are inconsistent with universal principles
and could lead to misconduct.
Credible resources for identifying emerging ethical issues
include print and online media,
user-generated content in social media sites, surveys by ethical
centers, think tanks, NGOs,
and participation in industry association networks.
New ethical issues emerge as companies respond to workforce
transitions, such as service-
related jobs replacing manufacturing jobs, with a need for
higher education and technological
skills from workers. Companies in developed countries must
adapt to an aging workforce that
requires new approaches in assuring its health, safety, and well-
being. Workforce planning
for future ethical concerns includes assessing the current
workforce, identifying challenges in
future workforce skills, and anticipating legal obligations in
recruiting and hiring employees.
Innovative business models may create ethical challenges in
fairly treating company stake-
holders that are new to the industry. Ethical challenges with
surveillance technology relate to
privacy concerns of employees, customers, and businesses.
Emerging ethical issues and new business regulations require
ethics and compliance profes-
sionals to anticipate future demands on their profession and the
organization. Ethics profes-
sionals should foster positive relationships that build trust with
employees, leadership, and
the board of directors. The ethics and compliance function in
business has made much head-
way since its inception in the 1980s with formal organizational
ethics programs, acknowl-
edgement as a profession, and an appreciation for the value of
creating an ethical culture.
Key Terms
ped82162_10_c10_295-324.indd 321 4/23/15 8:49 AM
Summary & Resources
Critical Thinking and Discussion Questions
1. Search current newspapers or trade journals for reports of
new technologies. Select
one technology and identify the ethical considerations that a
company adopting the
technology should address.
2. Select a global risk from Table 10.3 or another future risk to
business. Find three
credible sources of information that would highlight ethical
issues that organiza-
tions should consider incorporating into their ethics and
compliance program.
Identify any underlying biases in the source material that might
skew a recom-
mended action.
3. Envision the workplace of the future. What ethical issues
arise from robot technol-
ogy performing reasoning and decision-making tasks like
performing surgery? Who
would be accountable for misconduct or unethical actions?
4. How can an organization maintain workplace prohibitions of
activities that may be
legal in the state or country where they operate, such as
marijuana use, concealed
weapons, or smoking indoors? How can a company avoid
lawsuits from employees
claiming unfair or discriminatory practices?
5. What skills will ethics and compliance professionals require
to handle demands
to manage future ethical issues? What skills will operational
managers require to
encourage and ensure ethical conduct in their function? How
can an organization
prepare its workforce to anticipate and respond to emerging
ethical issues?
Suggested Resources
AARP Workforce Assessment
http://www.aarpworkforceassessment.org/welcome
Business for Social Responsibility
http://www.bsr.org/
ethical issue intensity The perceived rel-
evance or importance of an ethical issue to
individuals or groups.
problematic moral pressure Stakeholder
preference for behavior that is inargu-
ably inconsistent with manifest universal
principles.
organizational legitimacy A generalized
perception or assumption that the actions of
an entity are desirable, proper, or appropri-
ate within some socially constructed system
of norms, values, beliefs, and definitions.
social media analytics The collection and
interpretation of social media data to extract
useful patterns and intelligence.
social media monitoring The process to
discover and collect content on social net-
working sites on relevant topics.
think tank Groups of experts researching
technological and social problems in order
to generate new ideas and offer advice.
user-created content Content made pub-
licly available over the Internet that reflects
a certain amount of creative effort and is
created outside of professional routines and
practices.
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http://www.aarpworkforceassessment.org/welcome
http://www.bsr.org/
Summary & Resources
Council on Foreign Relations
http://www.cfr.org/
CSRwire
http://www.csrwire.com/
Ethical Corporation
http://www.ethicalcorp.com/
Ethics Resource Center
http://www.ethics.org/
Ethisphere Institute
http://ethisphere.com/
European Business Ethics Network
http://www.eben-net.org/
Forbes
http://www.forbes.com/
Forrester Research’s Global Heat Map
http://www.forrestertools.com/heatmap/
Institute of Business Ethics
http://www.ibe.org.uk/
Law.com Newswire
www.law.com
The Conference Board
https://www.conference-board.org/
The Economist
http://www.economist.com/
The Financial Times
http://www.ft.com/home/uk
The GRC Digest
http://www.grcdigest.com/
The New York Times
http://www.nytimes.com
The Wall Street Journal
http://online.wsj.com/
ped82162_10_c10_295-324.indd 323 4/23/15 8:49 AM
http://www.cfr.org/
http://www.csrwire.com/
http://www.ethicalcorp.com/
http://www.ethics.org/
http://ethisphere.com/
http://www.eben-net.org/
http://www.forbes.com/
http://www.forrestertools.com/heatmap/
http://www.ibe.org.uk/
www.law.com
https://www.conference-board.org/
http://www.economist.com/
http://www.ft.com/home/uk
http://www.grcdigest.com/
http://www.nytimes.com
http://online.wsj.com/
Summary & Resources
Transparency International
http://www.transparency.org/
United Nations Global Compact
https://www.unglobalcompact.org/
World Economic Forum
http://www.weforum.org/
ped82162_10_c10_295-324.indd 324 4/23/15 8:49 AM
http://www.transparency.org/
https://www.unglobalcompact.org/
http://www.weforum.org/
HIST 285. Final Exam
For this exam you are responsible to show your comprehension
of the primary course readings. Use "your own words" to
elaborate the concepts and arguments. Work to maintain quality,
depth and succinctness of analysis in your answers to each of
the questions. While showing range, be as thorough as you can
within the constraints of the 800-word limit per question set.
(citations not included) Both internal and external references
need to be properly cited.
The absolute deadline for the exam is 11:59 p.m. Friday,
December 11. Late work will not be accepted.
Plagiarism (copy and paste from articles, internet, posts from
others, or paraphrasing someone else’s line of thinking in the
development of a topic as if it were your own) is strictly
forbidden. Once detected, you will receive no points in your
final exam.
1. You work for Drexel student news paper as a science
journalist. You are assigned the task of reporting President
Obama's attendance of COP21 climate change summit in Paris.
While Obama is defending the US position of fighting for global
warming in front of other national leaders, House voted earlier
this week, for political, economic and scientific reasons, to pass
two bills that would overturn the Environmental Protection
Agency's "Clean Power Plan", the first-ever nationwide
restrictions aimed at a large reduction in greenhouse carbon
emissions from the nation's coal-burning power plants.
Mobilizing what you learned from the class to write a news
report, helping your readers understand the complex
relationship between science, technology and politics in climate
change.
2. Dr. Franco Montalto, an Associate Professor in the
Department of Civil, Architectural and Environmental
Engineering at Drexel University Professor is looking for a
student as the research assistant for his community-based
project on environmental sustainability.
http://swre.cae.drexel.edu/ He need someone who has
interdisciplinary knowledge about science, technology and
society in order to work with a variety of stakeholders. You are
applying this position.
Mobilizing what you learned from the class to convince him that
you deserve the job.
3. In this class we discussed many technical objects that have
politics, with social, ethical or dark values embedded in their
material designs/formats:
1) What do these "artefacts" teach us about the relationship
between technology and society?
2) Take a picture of an engineered artefact in your daily life
that has hidden politics or values. Explain how and why the
social complexities and technical complexities compound one
another in the artefact.
4. On October 21 2015, the White House released new strategy
for American innovation, tying social benefits directly with
technological breakthrough in order to legitimate the critical
investment in the most advanced science & technology:
Federal investments in R&D are critical to keeping America on
the cutting edge of the innovation economy. If the President’s
2016 Budget request for $146 billion in R&D is ignored and
harmful sequestration cuts are imposed, the American people
could be denied important research advances, such as lifesaving
biomedical breakthroughs, a leading advanced manufacturing
sector, and cleaner energy.
However, several papers we've read in this class challenge such
"linear innovation model" and propose alternative perspectives
to delineate the complex interplay between science, technology
and society. Elaborate these alternative proposals and give your
account of the White House strategy.
9 Implementing an Ethics Program
Bloomberg/Getty Images
Learning Outcomes
After reading this chapter, you should be able to do the
following:
• Explain how an organization can structure and manage an
ethics program.
• Develop a code of conduct that articulates standards to
company stakeholders.
• Create an ethics training and communications plan.
• Evaluate mechanisms for obtaining advice on ethical issues
and reporting ethical misconduct.
• Design an effective monitoring and auditing system.
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Introduction
Introduction
Ethics Program Pays Off for Morgan Stanley
On April 25, 2012, Garth Peterson, former managing director
for Morgan Stanley’s real estate
business in China, pleaded guilty to violating the Foreign
Corrupt Practices Act (FCPA) and for
conspiring to evade Morgan Stanley’s internal controls for
meeting securities laws for invest-
ment advisers (United States Department of Justice, 2012).
From 2004 to 2007, Peterson
cultivated a relationship with a Chinese official to obtain
business approvals. In 2008, execu-
tives at Morgan Stanley discovered the violations, reported
them to the U.S. Securities and
Exchange Commission (SEC), and fired Peterson (Lucchetti &
Kendall, 2012). Department of
Justice officials declined to bring any enforcement action
against Morgan Stanley because of
its documented ethics and compliance program, stating:
According to court documents, Morgan Stanley maintained a
system of internal
controls meant to ensure accountability for its assets and to
prevent employ-
ees from offering, promising or paying anything of value to
foreign govern-
ment officials. Morgan Stanley’s internal policies, which were
updated regu-
larly to reflect regulatory developments and specific risks,
prohibited bribery
and addressed corruption risks associated with the giving of
gifts, business
entertainment, travel, lodging, meals, charitable contributions
and employ-
ment. Morgan Stanley frequently trained its employees on its
internal policies,
the FCPA and other anti-corruption laws. Between 2002 and
2008, Morgan
Stanley trained various groups of Asia-based personnel on anti-
corruption
policies 54 times. During the same period, Morgan Stanley
trained Peterson on
the FCPA seven times and reminded him to comply with the
FCPA at least 35
times. Morgan Stanley’s compliance personnel regularly
monitored transac-
tions, randomly audited particular employees, transactions and
business units,
and tested to identify illicit payments. Moreover, Morgan
Stanley conducted
extensive due diligence on all new business partners and
imposed stringent
controls on payments made to business partners. (United States
Department
of Justice, 2012, para. 6)
The experience of Morgan Stanley shows that companies with
excellent ethics and compli-
ance programs may be protected should their employees violate
standards. An excellent eth-
ics and compliance program meets five common elements set
forth in the U.S. Federal Sen-
tencing Guidelines for Organizations (FSGO), the FCPA, the
U.K. Bribery Act 2010, and the
Organisation for Economic Co-operation and Development
(OECD) Good Practice Guidance
on Internal Controls, Ethics, and Compliance. Although the
language differs, each of the four
guidelines recommends the following steps: 1) create program
structure, 2) establish corpo-
rate standards, 3) educate the workforce, 4) create investigation
procedures, and 5) assess
program effectiveness (see Figure 9.1 for the key elements to
implementing an organiza-
tional ethics program).
Figure 9.1: Key elements to implementing an organizational
ethics program
An excellent ethics and compliance program meets five common
elements.
Establish Corporate
Standards
• Code of Conduct
• Global Considerations
• Implementation
Educate the
Workforce
• Training Plan
• Training Execution
Create Investigation
Procedures
• Ethical Guidance
• Reporting Mechanism
• Investigation Process
Assess Program
Effectiveness
• Ethical Performance
Metrics
• Audit Committee
Create Program
Structure
• Ethics Officer
• Board Oversight
• Reporting Relationship
ped82162_09_c09_255-294.indd 256 4/23/15 8:47 AM
Establish Corporate
Standards
• Code of Conduct
• Global Considerations
• Implementation
Educate the
Workforce
• Training Plan
• Training Execution
Create Investigation
Procedures
• Ethical Guidance
• Reporting Mechanism
• Investigation Process
Assess Program
Effectiveness
• Ethical Performance
Metrics
• Audit Committee
Create Program
Structure
• Ethics Officer
• Board Oversight
• Reporting Relationship
Section 9.1 Creating a Program Structure
Though prescriptive in the steps needed to create an effective
ethics and compliance program,
none of the aforementioned guidelines specifies the method to
be used. Rather, each organiza-
tion may tailor its program to applicable industry practice or
standards, the size of the orga-
nization, and the risk of misconduct (United States Sentencing
Commission, 2013). Ethics
professionals typically share initiatives that work for their
company (best practices) so that
other organizations can model their ethics and compliance
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  • 1. 10 Looking Forward Mike Householder/Associated Press Learning Outcomes After reading this chapter, you should be able to do the following: • Summarize potential ethical risks in business by recognizing relevant issues, performing environmental scanning, and identifying reliable resources for uncovering future misconduct risks. • Analyze how trends in the economic, geopolitical, social, and technological environment lead to ethical issues in business. • Evaluate how emerging ethical issues affect the ethics and compliance function in an organization. ped82162_10_c10_295-324.indd 295 4/23/15 8:49 AM Introduction Introduction Self-Driving Cars Imagine driving along a winding mountain pass, with a ravine
  • 2. on the right and a rock wall across the opposite lane on the left. Taking a sharp turn around the mountain, you see two cars coming toward you in both lanes, one trying to pass the other. In seconds, each driver must react. You slam on the brakes, hoping that the other cars adjust to allow the passing car to move out of your lane. Now imagine the same situation, except this time you are in a self-driving car, taking photos of the scenery as you tour through the mountain pass. The car relies on radar sensors, lasers, and cameras to keep the vehicle on a path to the designated destination (Greimel, 2013). Turning the corner, the directional equipment cannot see around the mountain, but recog- nizes an obstacle immediately. The computer controlling the car must now react. The decision to stop or swerve can lead to a potentially fatal accident or save all passengers. Your life and the lives of others depend on the computer program designed and installed by the automaker. Do you trust the automaker to keep you safe? Automakers are racing to launch self-driving, or autonomous, cars by the year 2020. Some mod- els already feature technology that allows them to park themselves, warn of lane departures, detect a vehicle in blind spots, and slow or stop to avoid an obstacle even before the driver reacts. Such measures have already reduced traffic accidents in the United States, and studies predict “that if just 10% of the cars in the U.S. were autonomous, there would be 211,000 fewer accidents annually, and 1,100 lives would be saved each year” (Tuttle,
  • 3. 2013, para. 7). Other advantages include greater use of fuel resources and greater mobility for persons with disabilities. However, there are ethical challenges to market a car that requires little or no driver inter- vention (Newman, 2014). What would prevent a car manufacturer from programming the car’s route so passengers will pass sponsoring businesses? The safety features in existing cars emit warnings and require driver intervention. As technology progresses toward a more autonomous car, drivers may become accustomed to being able to read, work, or perform other tasks while the vehicle transports them to their destination. Distracted drivers are less likely to react quickly should they need to take control of the vehicle (Knight, 2013). Who is at fault when the car advises the driver to take control, yet the driver does not, or does not have enough time to do so? How should the system choose between its passenger’s safety and someone else’s life in an oncoming vehicle? The issue is further complicated by the complexity of the electronics and communications, and reliance on transportation infrastruc- ture, all of which increase the potential for system malfunction or hacking. As one researcher stated, “Every company wants to have the first self-driving car, but no one wants to have the first self-driving car crash” (Iozzio, 2014, p. 20). The general concept behind an autonomous car is that it is a robot designed to transport humans and protect them in the process. In the 1950s, science fiction
  • 4. author Isaac Asimov created the three laws of robotics to outline the ethics of robotics when interacting with humans: 1. A robot may not injure a human being or, through inaction, allow a human being to come to harm. ped82162_10_c10_295-324.indd 296 4/23/15 8:49 AM Section 10.1 Identifying Ethical Risks of the Future 2. A robot must obey the orders given to it by human beings, except where such orders would conflict with the First Law. 3. A robot must protect its own existence as long as such protection does not conflict with the First or Second Laws. (Anderson, 2008, pp. 477–478) Advances in technology to develop robotic weapons test Asimov’s premise of doing no harm. A robot is defined as “a mechanical device having a reasonably high level of intelligence, the ability to make elementary decisions, and the dexterity and flexibility to perform an intricate sequence of different motions without human intervention” (Leap & Pizzolatto, 1983, p. 697). Robots perform many tasks in manufacturing, surgery, and the military. Why, then, would an autonomous car be different? First introduced by moral philosopher Philippa Foot in 1967,
  • 5. the trolley problem is a thought experiment that may shed some light on the moral decisions imposed on the robotic car by its creators (Myers, 2014). Imagine you are standing near a train yard where you witness a runaway trolley careening down the track toward five people who will die unless the train changes direction. You notice a lever that you could pull to switch the trolley to a side track, where a sixth person is standing and who would surely die should the train be diverted. Your options, then, are to do nothing and allow five people to die, or pull the lever and cause one person’s death. When presented with this scenario in a research setting, subjects typically rely on moral reasoning and moral emotions to determine a course of action (Lanteri, Chelini, & Rizzello, 2008). In a similarly complex dilemma, what could a robotic car rely on to make the most ethically sound decision? This chapter explores the future trends in business and society that are likely to create new ethical issues for organizations. The material evokes reflection on two questions: What are the potential risks for ethical misconduct in the future? How will changes in the workplace influence organizational ethics programs? The chapter presents tools to identify ethical issues that a business may encounter in the future. Emerging issues are explored that relate to future workforce transitions, business models, and technological advances. Then, approaches that an ethics and compliance program may use to address new ethical issues are considered. The discussion in this chapter builds on the historical background of
  • 6. business ethics in the first chapters as well as topics relating to the identification of ethical issues, ethical decision mak- ing, and ethical traps. Looking forward requires understanding the past. 10.1 Identifying Ethical Risks of the Future Business leaders can detect early warnings of the ethical risks of the future by monitoring an organization’s internal and external environments for the ethical dimensions of busi- ness strategies. Recall from Chapter 3, ethical dimensions of business are described as what ought to be and include value judgments rather than data-driven factual dimensions (Grier, 2013). Exploring the ethical dimensions of business requires reflection beyond the immedi- ate business activity and considers the long-term effects on stakeholders and the organiza- tion. Additionally, Chapter 3 introduced environmental scanning as an organizational process that enables companies to identify political, social, and technological trends that could influ- ence misconduct in the workplace. Business strategists recognize environmental scanning ped82162_10_c10_295-324.indd 297 4/23/15 8:49 AM Section 10.1 Identifying Ethical Risks of the Future that incorporates stakeholder analysis as the foundation for corporate planning of success- ful organizations (Bluedorn, Johnson, Cartwright, & Barringer, 1994; Kimiagari, Keivanpour,
  • 7. Mohiuddin, & Van Horne, 2013). As discussed in Chapter 1, social issue life cycle theory asserts that attention to ethical issues changes over time, progressing from relative inattention to an ethical issue, to awareness of the issue, and finally to an expectation for responsible behavior by the public or other com- pany stakeholders (Ackerman, 1975; Zyglidopoulos, 2003). Therefore, ethical issues become more important to certain stakeholder groups. Ethical issue intensity describes the per- ceived relevance or importance of an ethical issue to individuals or groups (Ferrell, Fraed- rich, & Ferrell, 2013). Managers need to develop capabilities to identify the ethical issues that require attention and action. This section provides strategies for managers to identify future ethical issues that require a response from their organization. Environmental scanning for ethical dimensions includes engaging stakeholders and recognizing that ethical issue intensities will shift over time (Bowie & Dunfee, 2002; Crittenden, Crittenden, Pinney, & Pitt, 2011). A framework is offered to determine appropriate company responses to moral pressures from the public and com- pany stakeholders. The section concludes with a guide of credible and reliable resources to identify emerging ethical issues. Recognizing Relevant Ethical Issues Managers may not have the time and resources to prepare for every potential ethical issue.
  • 8. Meyer and Kirby (2010) have identified three factors that create demand for businesses to address an ethical issue: 1) the growing scale of companies and their impacts, 2) improve- ments in sensors that measure impacts, and 3) heightened sensibilities of stakeholders. Man- agers should consider these factors in predicting ethical issues that are relevant to their business. Scale reflects the recognition that a firm or industry can have a large impact on the environ- ment, people, and the economy. Larger companies are often under greater public scrutiny as irresponsible actions (e.g., pollution, labor violations, or false advertising) impact a larger number of people. For example, a Chinese media report exposed the unsafe practices of a meat factory supplying American fast food chains in Shanghai, China, including reusing meat that had fallen on the floor and selling expired meat products (Solomon, 2014). The factory was not acting with integrity and misrepresented the safety and freshness of meat sold to cus- tomers. The food safety violations may not have been noticed if it were not for the factory’s connection to McDonald’s and KFC restaurants in the Shanghai area. The two fast food chains have more than 8,000 restaurants in China and have struggled with food safety scandals in their supply chain since 2012. Companies can predict future ethical issues relating to the scale of their business by rec- ognizing the resources that comprise the largest part of the company’s product or service.
  • 9. For example, beef and chicken are main ingredients for McDonald’s flagship items, making ped82162_10_c10_295-324.indd 298 4/23/15 8:49 AM Section 10.1 Identifying Ethical Risks of the Future unsafe food practices of a meat supplier a relevant ethical issue to which the company must respond. Increasingly, consumers and the public tend to hold a firm responsible for not only its own but also its suppliers’ unethical behaviors (Hartmann & Moeller, 2014). Ethical issues in global supply chains include unsafe work environments, human rights violations, harmful environmental outputs, and poor product quality or output. Ethical issues with procurement of other key ingredients, such as potatoes, may warrant attention by fast food companies. These companies and others may find that their global workforce has grown so large that monitoring ethical conduct becomes more challenging. Sensors refer to technology that measures actual outcomes of an industry or individual com- pany and provides the ability to track sources of misconduct directly to the source company. As discussed in Chapter 3, new technologies, such as keystroke monitoring, global positioning systems (GPS), and radio frequency identification (RFID) chips, can detect misuse of pro- prietary data or fraud. These sensors can track misconduct throughout a company’s supply chain or measure the impact of a company’s misconduct. For
  • 10. example, radiation sensors and GPS tracking on moving vehicles provided an accurate reflection of the damage to residents from Japan’s nuclear plant explosions in 2011 due to a safety failure of emergency systems (Hemmi & Graham, 2014). Heightened sensibilities for an ethical issue relate to the expectation for responsible behav- ior by the public or other company stakeholders. Managers should seek ethical issues that could arise from the business strategy, including the entire value chain. For example, Oxfam International and Human Rights Watch enacted a boycott to force Indian rug producers to abandon the use of child labor that violates global ethic standards (see Chapter 4) such as the Global Sullivan Principles, the Fair Labor Association Workplace Code of Conduct, the United Nations Global Compact’s Ten Principles, and Social Accountability International’s SA8000 Standard (Ballet, Bhukuth, & Carimentrand, 2014). The boycott affected importers and retailers of Indian rugs as well, and encouraged them to purchase only from certified rug producers. Managers can recognize relevant emerging ethical issues by looking for future shifts in stakeholder priorities, potential legal action by stakeholders, and ethical misconduct throughout the supply chain. Environmental Scanning of Stakeholders and Ethical Issue Intensity Responding to the moral judgments of consumer, labor, and investor stakeholders is a chal-
  • 11. lenge for many companies that may be pressured to address societal issues, such as animal testing, abortion, homosexuality, equal opportunity, alcohol and tobacco use, human and worker rights, and gun control. Management should ask, “How have stakeholder expectations changed?” to recognize shifts in stakeholder attitudes toward an ethical issue (Meyer & Kirby, 2010, p. 43). As the intensity of an issue grows, company stakeholders increase pressure for a business to act responsibly by expressing their moral judgment on the issues. However, despite the pressure, a company may not be able to act on the moral judgments of all stake- holders. Bowie and Dunfee (2002) provide a framework to categorize moral pressures on business and appropriate responses as depicted in Table 10.1. ped82162_10_c10_295-324.indd 299 4/23/15 8:49 AM Section 10.1 Identifying Ethical Risks of the Future Table 10.1: Strategies for responding to moral expressions of company stakeholders Type of Moral Expression Moral Expression Is . . . Examples Recommended Strategy
  • 12. Benign Inarguably consistent with universal princi- ples (ethical principles with which most people agree) Pressure on tobacco companies to pro- vide clear, dramatic warnings about health effects; investor pres- sure for transparent financial reporting If expressed as a man- datory duty, firm has an obligation to act in compliance Disputed A contested issue within the relevant community that is not resolved by manifest universal principles; an idiosyncratic context- specific issue Shareholders or employees demand- ing that their firm stop giving corporate money to Planned Parenthood based on antiabor- tion views; employees objecting to a policy requiring that frequent
  • 13. flyer miles earned on firm business are given to the firm, which they find to be unfair Act consistently with core values of the firm Problematic Inarguably inconsis- tent with universal principles Employees, unions, and customers demanding racial discrimination Resist compliance Source: Adapted from Bowie, N., & Dunfee, T. (2002). Confronting morality in markets. Journal of Business Ethics, 38(4), 381–393. Benign moral pressures reflect widely accepted ethical principles, such as a desire to protect human well-being and provide a safe workplace. As introduced in Chapter 1, these universal principles are hypernorms, described as “principles so fundamental that, by definition, they serve to evaluate lower-order norms, reaching to the root of what is ethical for humanity” (Donaldson & Dunfee, 1999, p. 46). Managers may consider that a business activity is widely accepted by most people when it is mandated by regulation, industry practice, or global ethi- cal standard. For example, the right to a safe and healthy working environment is recognized
  • 14. as a fundamental human right by the International Labour Organization, a United Nations agency (ILO, 2011). In response, many nations have regulations on occupational health and safety. Bowie and Dunfee (2002) encourage companies to comply with benign moral pres- sures, especially those mandated by law. Disputed moral pressures arise when one segment of the public opposes the position of another segment. In addition to the societal moral issues that have been mentioned, disputes on the fairness of employee policies or corporate governance practices can create emerging ethical issues. The best course of action for companies is to follow their core values in deter- mining appropriate actions. ped82162_10_c10_295-324.indd 300 4/23/15 8:49 AM Section 10.1 Identifying Ethical Risks of the Future Problematic moral pressures center around what is “ethical for humanity” (Donaldson & Dunfee, 1999, p. 46), and typically occur when a company or its stakeholders demand an activity that violates a universal ethical standard, such as discriminating according to race or engaging in slave labor. Even organizations with strict policies consistent with universal val- ues can experience a shift in ethical standards in response to influential dominant stakehold- ers (Sawaoka, Newheiser, & Dovidio, 2014). One example is supplier pressure to allow child
  • 15. labor in order to reduce manufacturing costs. Credible and Reliable Resources Responsive companies may be able to anticipate benign, disputed, and problematic pressures by regularly scanning the credible and reliable resources available within the internal and external environment. Regular review of company sources, such as common helpline top- ics, misconduct reports, exit interviews, and employee/supplier surveys, may offer valu- able insight into ethical issues that are emerging internally within the organization. There are numerous sources to gather information from the external environment, including news media and business journals. A suggested practice is for managers to subscribe to newsfeeds of business, ethics, and compliance outlets for alerts to regulatory shifts, industry practices, and reported misconduct. These daily or weekly reminders can generate dialogue among management as to possible application within the organization. Credible public news outlets can indicate shifts in public opinion especially with the recent growth in user-created content on news media online editions. The Organisation for Eco- nomic Co-operation and Development (OECD) defines user- created content as: “a) content made publicly available over the Internet, b) which reflects a certain amount of creative effort, and c) which is created outside of professional routines and practices” (OECD, 2007, p. 4). A 2014 Pew Research Center study reports that “11% of all online news consumers have
  • 16. submitted content (including videos, photos, articles, or opinion pieces) to news websites or blogs” (Mitchell, 2014, p. 5). User-created content on social media (websites for social networking) provides management with valuable information on the opinions of customers, employees, suppliers, competitors, and the public. Fan and Gordon (2014) recommend the use of social media analytics, which ‘involves a three-stage process: capture, understand, and present” (p. 74) (see Figure 10.1). Social media analytics is the interpretation of social media data to “extract useful patterns and intelligence,” going beyond simply tracking traffic to an Internet site (Fan & Gordon, 2014, p. 74). The first step is to discover and collect messages from social websites through social media monitoring. One challenge encountered in this step is sifting through the large amount of irrelevant material that may be collected. The second step is to interpret the meaning of the social media content using techniques for categorizing opinions, and analyzing sentiments and trends in an effort to predict shifting customer, supplier, employee, and community expectations of the company (Kalampokis, Tambouris, & Tarabanis, 2013). Finally, when pre- senting trends in emerging ethical issues, companies will focus on identifying potential risks and opportunities. For example, increasing public concerns about improper disposal of con- sumer electronics leaking toxic chemicals into the environment encouraged companies to
  • 17. offer trade-in or removal services when purchasing a new product (Fan & Gordon, 2014). ped82162_10_c10_295-324.indd 301 4/23/15 8:49 AM • Gather data from various sources • Preprocess the data • Extract pertinent information from the data Capture • Remove noisy data (optional) • Perform advanced analytics: opinion mining and sentiment analysis, tropic modeling, social network analysis, and trend analysisUnderstand • Summarize and evaluate the findings from the understand stage • Present the findings Present Section 10.1 Identifying Ethical Risks of the Future While useful, organizations should consider user-created content with care as it tends to reflect the beliefs of individuals with strong convictions rather than those of the general pop- ulation (Eveland & Shah, 2003; Yildirim, Gal-Or, & Geylani, 2013). User-created content also tends to reflect a younger and more technologically-savvy individual who may not represent public opinion. For example, during the days following the 2012 elementary school shooting
  • 18. in Newtown, Connecticut, the Pew Research Center found that while nearly two thirds of those who posted related comments on Twitter expressed support of stricter gun control, its public opinion polls during the same period indicated a more equal split with 49% support- ing gun control and 42% opposing stricter gun controls (Matsa & Mitchell, 2014). In addition, when interpreting reader reactions to media coverage of various issues, companies must bear in mind the potential for bias in the U.S. news media toward liberal or conservative social causes (Eveland & Shah, 2003; Sutter, 2012). A wide range of non-media organizations, such as nonprofit research centers, communities of practice, non-governmental organizations (NGOs), and think tanks, provide valuable infor- mation on emerging ethical issues that may affect businesses. The U.S.-based Ethics Resource Center and the European-based Institute for Business Ethics are examples of nonprofit ethics research organizations that offer insight into misconduct in the workplace. A community of practice is often described as a group of people “who share a concern, a set of problems, or a passion about a topic, and who deepen their knowledge and expertise in the area by inter- acting on a regular basis” (Wenger, McDermott, & Snyder, 2002, p. 4). Some communities of practice are informal social networking groups, while others are members only, requiring an annual fee to participate. Figure 10.1: Social media analytics process
  • 19. A social media process entails three stages designated to capture, understand, and present information on consumer and social trends affecting the business. Source: Weiguo, F.A.N., & Gordon, M.D. (2014). The power of social media analytics. Communications of the ACM, 57(6), 74– 81. Reprinted with permission of The Association for Computing Machinery. • Gather data from various sources • Preprocess the data • Extract pertinent information from the data Capture • Remove noisy data (optional) • Perform advanced analytics: opinion mining and sentiment analysis, tropic modeling, social network analysis, and trend analysisUnderstand • Summarize and evaluate the findings from the understand stage • Present the findings Present ped82162_10_c10_295-324.indd 302 4/23/15 8:49 AM I II III Updated Aug 28, 2014 North America
  • 20. South America Africa Europe Asia Preventative Priority Level Section 10.1 Identifying Ethical Risks of the Future An example of an organization that provides executive networking opportunities to under- stand and address critical issues is The Conference Board, Inc. (The Conference Board, 2014). Another community of practice is the Corporate Executive Board Company (CEB), which offers networking opportunities by function, including ethics and compliance officers (CEB Compliance & Ethics Leadership Council, 2014). These networking opportunities allow pro- fessionals to discuss what ethical issues create concerns for their businesses. As an NGO, the United Nations Global Compact provides companies with guidance on responsible business practices worldwide with special working groups to explore key issues. Think tanks are groups of experts who research technological and social problems with the goal of generating creative solutions and offering advice. Think tanks often rely on member- ship and sponsorship from companies and/or academic institutions. For example, a resource
  • 21. for identifying threats to businesses worldwide is the Council on Foreign Relations (CFR), an independent, nonpartisan membership organization, think tank, and publisher of Foreign Affairs magazine. CFR’s website includes an interactive global conflict tracker, which provides a view of perceived security threats worldwide (see Figure 10.2 for a screenshot of CFR’s interactive Global Conflict Tracker). The threat analysis is a summary of CFR’s annual Preven- tive Priorities Survey, which asks governmental officials, experts, etc. to assess the likelihood of occurrence of a major threat in the following 12 months. A major threat includes cyber attacks against business and governmental websites, and computer databases (Council on Foreign Relations, 2014). In 2013, extensive attacks on banking databases and public web- sites in South Korea and the United States disrupted banking transactions and risked con- sumer information (Sang-Hun, 2013; Gorman & Yadron, 2013). Figure 10.2: CFR interactive Global Conflict Tracker Global assessment of crisis risks provides early warnings of threats to business. Source: From CFR’s Global Conflict Tracker from the Center for Preventive Action. Copyright © 2015 by the Council on Foreign Relations. Reprinted with permission. I II III Updated Aug 28, 2014
  • 22. North America South America Africa Europe Asia Preventative Priority Level ped82162_10_c10_295-324.indd 303 4/23/15 8:49 AM Section 10.1 Identifying Ethical Risks of the Future Table 10.2 summarizes credible and reliable resources to identify emerging ethical issues for an organization. Table 10.2: Sample resources for identifying emerging ethical issues Resources Example Sources Consideration for Use Suggested Practices News media The New York Times The Wall Street Journal Financial Times The Economist Forbes Bias in coverage and
  • 23. position; user-generated content provides reader opinions Monitor multiple news sources for balancing biases Ethics/corporate social responsibility (CSR) magazines Ethisphere Institute Ethical Corporation Provides industry best practices and emerging issues Distribute beyond the ethics and compliance or social responsibility staff Interactive forum/ online newswires CSRwire The GRC Digest Law.com newswire Provides timely notice of regulatory shifts, industry practices, and ethical misconduct
  • 24. Share with manage- ment throughout the organization and encourage dialogue on application to the business Social media Twitter, Inc. Facebook, Inc. LinkedIn Corporation Foursquare Manta YouTube Valuable insights into changing consumer interests and tastes, influential users, poten- tial crises, and com- petitive intelligence; may not reflect public opinion Adopt social media monitoring and ana- lytical tools to identify ethical issues relating to industry or company Nonprofit research centers Ethics Resource Center Institute of Business Ethics
  • 25. National surveys provide information on types of misconduct and reporting barriers Review trends that signal a shift in what employees consider unethical behavior Communities of practice The Conference Board CEB Business for Social Responsibility European Business Eth- ics Network Allows ability to dia- logue with peers; costly Select an organization that fits the industry or primary focus of ethics and CSR initiatives NGOs and think tanks UN Global Compact Transparency International Council on Foreign Relations The World Economic Forum
  • 26. Publicly available stud- ies identify emerging opportunities and risks for business; need to interpret ethical dimensions Determine gaps in ethics and compliance program given new issues ped82162_10_c10_295-324.indd 304 4/23/15 8:49 AM Section 10.1 Identifying Ethical Risks of the Future Management should consider how the global trends in the economic, geopolitical, social, and technological environment affect existing or future stakeholders of the organization. The World Economic Forum, a global think tank located in Geneva, Switzerland, provides a com- prehensive overview of economic, environmental, geopolitical, societal, and technological risks that have the potential for “significant negative impact for several countries and indus- tries” (World Economic Forum, 2014b, p. 12). A complete listing from the Global Risks 2014 report is included in Table 10.3, along with the ranking of the top 10 global risks of highest concern. The report identifies three trends that industries should consider: 1. Demands on governments for reform may negatively affect
  • 27. industries such as healthcare, financial services, and energy; 2. The generation entering the workforce in the 2010s faces high unemployment, unfulfilling economic potential, and are full of ambition to improve the world; 3. A dynamic online world allows for cyber attacks that destroy trust in the Internet for communication or commerce (World Economic Forum, 2014b). Table 10.3: Global risks 2014 ECONOMIC Shocks to economic infrastructure Fiscal crises in key economies [1] Failure of a major financial mechanism or institution [9] Liquidity crises Structurally high unemployment/underemployment [2] Oil-price shock to the global economy Failure/shortfall of critical infrastructure Decline of importance of the US dollar as a major currency ENVIRONMENTAL Natural disasters and man-made risks of depletion of natural resources Greater incidence of extreme weather events (e.g. floods, storms, fires) [6] Greater incidence of natural catastrophes (e.g. earthquakes, tsunamis, volcanic eruptions, geomagnetic storms) Greater incidence of man-made environmental catastrophes (e.g. oil spills, nuclear accidents) Major biodiversity loss and ecosystem collapse (land and ocean) Water crises [3]
  • 28. Failure of climate change mitigation and adaptation [5] GEOPOLITICAL Areas of politics, diplomacy, conflict, crime, and global governance (corruption) Global governance failure [7] Political collapse of a nation of geopolitical importance Increasing corruption Major escalation in organized crime and illicit trade Large-scale terrorist attacks Deployment of weapons of mass destruction Violent inter-state conflict with regional consequences Escalation of economic and resource nationalization (continued) ped82162_10_c10_295-324.indd 305 4/23/15 8:49 AM Section 10.2 Emerging Ethical Issues SOCIETAL Risk relating to social stability and public health Food crises [8] Pandemic outbreak Unmanageable burden of chronic disease Severe income disparity [4] Antibiotic-resistant bacteria Mismanaged urbanization (e.g. planning failures, inadequate infrastructure and supply chains) Profound political and social instability [10] TECHNOLOGICAL Risks relating to growing centrality of information and communication technologies
  • 29. Breakdown of critical information infrastructure and networks Escalation in large-scale cyber attacks Massive incident of data fraud/theft Note: Brackets [ ] denote ranking in top 10 global risks of highest concern. Sources: Table 1.1 & Table 1.2, p. 13 in World Economic Forum. (2014). Global risks 2014 (Ninth ed., pp. 60). Switzerland. Reprinted with permission. The potential global risks have ethical dimensions. Using the categorization of ethical issues from Chapter 3, many of the global risks to business involve employee misuse of company resources, honest and truthful communication that demonstrates respect and fairness toward company stakeholders, and workplace issues, such as lying to employees, discrimination leading to improper hiring practices, abusive behavior and harassment, health or safety vio- lations, and employee privacy breaches. Future risks and opportunities for a business orga- nization can lead to new ethical issues that may require managers to adopt a different way of interacting with stakeholders. 10.2 Emerging Ethical Issues Managers need to focus on the emerging ethical issues that are most relevant for their orga- nization. The trends and risks uncovered in the environmental scanning of credible sources can determine the ethical issues that are most likely to affect a business. This section provides some examples of ethical issues that a manager may need to
  • 30. address in the future. An orga- nization’s evaluation of ethical risks is ongoing and should not be limited to the emerging ethical issues in this chapter. Managers can develop the capabilities to identify potentially sig- nificant ethical issues by exploring current trends in business, such as workforce transitions, new business models, and communication and technological advances. Workforce Transitions New ethical issues emerge as companies respond to a changing workplace. In many coun- tries, service-related jobs are replacing manufacturing jobs, thus creating a demand for work- ers with higher education degrees and technological skills. Companies in developed countries need to adapt to an aging workforce that requires new approaches in assuring the health, Table 10.3: Global risks 2014 (continued) ped82162_10_c10_295-324.indd 306 4/23/15 8:49 AM Jobs requiring creativity ad complex human exchanges are increasing. Those that can be computerized are in decline. W a n t e d : s k i l l s o f h u m a n i n t e r a c t i o n Change in U.S. Jobs 2001–2009 Transaction jobs that
  • 31. can be automated Interaction jobs involving problem solving and contact Production jobs turning materials into finished goods +4.8 million -0.7 million -2.7 million Section 10.2 Emerging Ethical Issues safety, and well-being of employees. Workforce planning for future ethical concerns includes assessing the current workforce, identifying challenges in future workforce skills, and antici- pating legal obligations in recruiting and hiring employees (Crush et al., 2014). As identified by the World Economic Forum (2014b), one of the top global risks is severe income disparity. Wage inequality can be accounted for in large part by the growing trend toward a services-occupation economy, which is divided into the lower paying routine jobs on one end of the spectrum and the higher paying managerial or consultative jobs on the other. The shift toward lower wages for certain services began in the 1990s as companies began outsourcing janitorial and security services in the United States
  • 32. by contracting with private companies that often pay lower wages and do not offer employee benefits. One study found that janitors received up to 7% less in wages after outsourcing, whereas security guards saw wage losses in the 8% to 24% range (Dube & Kaplan, 2010). A survey of hiring managers worldwide has shown that over the next five years, more than half of all jobs in the United States will require technical skills and higher education levels (Mulvey & Schramm, 2013). The report found that industries demanding specific technical skills or advanced college edu- cation include high tech, manufacturing, health, construction, mining, and oil and gas. Entry-level jobs and jobs with no minimum education requirements are primarily in the nonprofessional services industry, with the lowest paid employees working in retail and food preparation (Bureau of Labor Statistics, 2014a). Colvin (2014) provides support for a trend that companies are replacing many low-skilled jobs with technology whenever possi- ble. The jobs that remain typically require creativity and human interaction (as shown in Figure 10.3). As a result of the wage disparity, companies will likely face emerging ethical issues when employing unskilled workers. Those who manage to find low paying jobs are likely to experi- ence major financial and mental stress as they struggle to balance family and work, leading to depression, high absenteeism, and turnover (Devine et al., 2006; Henly & Lambert, 2014;
  • 33. Figure 10.3: Shift of U.S. jobs 2001–2009 Jobs requiring creativity and human exchanges are increasing in the U.S. Source: Colvin, G. (2014). In the future, will there be any work left for people to do? Fortune, 169(8), 193–202. Jobs requiring creativity ad complex human exchanges are increasing. Those that can be computerized are in decline. W a n t e d : s k i l l s o f h u m a n i n t e r a c t i o n Change in U.S. Jobs 2001–2009 Transaction jobs that can be automated Interaction jobs involving problem solving and contact Production jobs turning materials into finished goods +4.8 million -0.7 million -2.7 million ped82162_10_c10_295-324.indd 307 4/23/15 8:49 AM
  • 34. Percent distribution of civilian labor force, by age, 1992, 2002, 2012, and projected 2022 75 years and over 65 to 74 years 55 to 64 years 25 to 54 years 20 to 24 years 16 to 19 years P e rc e n t d is tr ib u ti o
  • 35. n 100% 90% 80% 70% 50% 60% 40% 30% 20% 10% 0% 1992 2002 2012 Projected 2022 Section 10.2 Emerging Ethical Issues Okechukwu, El Ayadi, Tamers, Sabbath, & Berkman, 2012). Financial stress may also lead to stealing from the workplace or using company time for personal concerns, such as making phone calls home during working hours. In many developed countries, the working age population is becoming older. By 2025, 35% of the workforce in most countries of the European Union (EU)
  • 36. will be comprised of 50- to 64-year-olds, compared to 17% of workers who are 25 years old and younger (European Commission, 2014). In the United States, employees aged 55 and over are expected to com- prise over 25% of the workforce by 2022 (Bureau of Labor Statistics, 2014b). Figure 10.4 depicts the trends of an aging workforce in the United States, showing an increase from 1992, in which older workers comprised only 11.8% of the workforce. Now that very few U.S. companies offer pension plans, and Social Security benefits are dwin- dling, many older workers are putting off retirement. The effect on business is unclear. In many countries, age discrimination in hiring occurs due to stereotypes that older work- ers are resistant to change, less likely to cope with stress, and less productive (Karpinska, Henkens, & Schippers, 2013; Vandenberghe, Waltenberg, & Rigo, 2013). A European study supporting such stereotypes showed that older workers in one organization tend to engage Figure 10.4: Trends of aging workforce in the United States The share of labor in the United States is projected to rise for people age 55 and over. Source: Bureau of Labor Statistics. (2014a). The editor’s desk, share of labor force projected to rise for people age 55 and over and fall for younger age groups. Retrieved September 2, 2014, from http://www.bls.gov/opub/ted/2014/ted_20140124.htm. Percent distribution of civilian labor force, by age,
  • 37. 1992, 2002, 2012, and projected 2022 75 years and over 65 to 74 years 55 to 64 years 25 to 54 years 20 to 24 years 16 to 19 years P e rc e n t d is tr ib u ti o n 100%
  • 38. 90% 80% 70% 50% 60% 40% 30% 20% 10% 0% 1992 2002 2012 Projected 2022 ped82162_10_c10_295-324.indd 308 4/23/15 8:49 AM http://www.bls.gov/opub/ted/2014/ted_20140124.htm Section 10.2 Emerging Ethical Issues in counteractive communicative behaviors that prevent teams from creating ideas, find- ing solutions, and productive discussion (Schulte, Lehmann- Willenbrock, & Kauffeld, 2013). Counteractive communication includes statements expressing no interest in change, com- plaining, denying responsibility, or terminating the discussion,
  • 39. such as “Well, that’ll never happen,” “We’re always the ones who get bullied,” and “That’s the supervisors’ fault” (Schulte et al., 2013, pp. 948–949). Ethical issues relating to discrimination and harassment can erode trust in the ethical culture of the company. Organizations like AARP, Inc. (formerly the Amer- ican Association of Retired Persons) offer advice for companies to help them address the effects that aging workers have on their organization and steps for creating a culture that attracts qualified workers of all ages (AARP, 2014). The workplace of tomorrow may look very different from today. Companies are expecting more output from employees as technology enhances productivity, allows older workers to continue employment, and replaces routine tasks (Colvin, 2014; European Commission, 2014). Employees in creative, technical, and managerial positions can work anywhere and at all hours of the day. A trend for the younger generations is to start their own business, or work as an integral part of a small business. As more employees strive to balance work and family with increased pressure for long hours, companies can respond by including ameni- ties such as “restaurants and cafes, coffee shops, dry cleaners, community centers, day care and elder care” (Moore, 2013, para. 9). Larger companies like Google offer on-site services to employees, whereas smaller companies may need to collaborate with other small businesses to create a workplace hub to share amenities. With the line between work and personal time blurring,
  • 40. companies will struggle to prevent employee use of company equipment, time, and expense accounts for personal use. In 2013, Yahoo! Inc. Chief Executive Officer (CEO) Marissa Mayer rescinded the right for employees to work from home due to concerns of accountability and alignment (“Yahoo! Telecommuting ban may be unique, but revisiting arrangements recommended,” 2013). Managers may need to resolve the conflict between trusting employees to work from home and the reality that some employees abuse the privilege by misstating working time or starting their own busi- ness (Bercovici, 2013). New Business Models Like the changing workplace, new business models have the potential to create emerging ethical issues. Nidumolu, Prehalad, and Rangaswami (2009) describe new business models as a way to gain a competitive advantage by finding “novel ways of delivering and capturing value, which will change the basis of competition” (p. 60). An early example of a new business model with an innovative delivery mechanism for providing products and services belongs to Interface, Inc., a carpet company. Rather than selling and installing carpet that would even- tually end up in a landfill, Interface implemented a service model that allowed commercial customers to lease carpeting, which the company would maintain and properly dispose of when it was worn (Geiselman, 1998). The leasing program addresses the environmental eth- ics issues of the carpet industry, explained by an Interface
  • 41. executive as: The [carpet] industry sends 4 billion pounds of stuff to landfills each year. The plan benefits both the environment and customers who otherwise would have to dispose of the carpet themselves. Some landfills refuse to accept car- pet, and others charge high fees. (Geiselman, 1998, p. 11) ped82162_10_c10_295-324.indd 309 4/23/15 8:49 AM Section 10.2 Emerging Ethical Issues However, Interface’s business model created a new ethical issue by modifying the way com- panies purchase and expense carpeting. Leasing carpet rather than purchasing it changes the way the asset is expensed and depreciated, creating a temptation for clients to misreport the asset on company financial statements (Frecka, 2008). New business models developed by the banking industry have also resulted in emerging ethi- cal issues. The banking industry is undergoing changes in the way customers make financial transactions. Customers may pay bills, transfer funds, and deposit or withdraw money with- out ever visiting a bank branch. The use of video-equipped automatic teller machines (ATMs) allow bank customers to speak with live remote tellers to complete complex transactions like bill and loan payments, opening new accounts, and initiating loans.
  • 42. Mobile banking creates ethical challenges in ensuring confidentiality of private information and securing data from outside hackers. In the near future, mobile banking could include the use of technologies, such as Google Glass and smartwatches. Credit cards may be replaced by facial recognition software, mobile payment systems, touchless transactions, and a digital wallet that allows purchases from within mobile device apps and mobile websites (Roberts & Mondalek, 2014). One test of Google Glass in New Zealand banks found that consumers disliked using voice commands to conduct mobile banking, stating a desire for privacy when making financial transactions (Crosman, 2014). Security remains a predominate reason that consumers do not engage in mobile banking or online payments in any form, with fears of data interception, phone hacking, or trust of the company’s use of personal information as specific concerns (Board of Governors of the Federal Reserve System, 2014, pp. 11 & 13). Some changes in banking influence the nature of bank employee jobs, creating other ethi- cal issues for the industry. Such issues relate to employee perceptions of fairness when lay- offs result from a shift to automated and mobile banking. Over 1,700 branch employees of Barclays Bank PLC in the United Kingdom lost jobs in 2013 because mobile banking made their jobs redundant (Crosman, 2013). At the same time, Bank of America tellers in New York invoked a strike claiming their positions were displaced by cheaper labor at the bank’s call
  • 43. centers handling video ATM financial transactions (Crosman, 2013). Communication and Technology Advances Innovations in communication and technology that drive some new business models also result in emerging ethical issues that are not immediately evident to managers. For example, the introduction of new technology such as the personal computer, personal digital assis- tants, and mobile phones may have seemed like a novelty to some people (Huber, 2005). Over time, however, technological innovations such as these have become an essential part of the workplace, changed the tasks of the workforce, and created unanticipated ethical challenges. Managers should consider the ethical implications of greater Internet use, communication among the supply chain, and wearable technology. Since its inception, the Internet has evolved so rapidly that many ethical issues have emerged in ways that are difficult to resolve given their pervasive nature. The basis for the Internet is an “any-to-any” connectivity of computer networks, which follows conventions that were established in the United States in 1973 (Markoff, 2013). Over 40 years later, there are an ped82162_10_c10_295-324.indd 310 4/23/15 8:49 AM Section 10.2 Emerging Ethical Issues
  • 44. Going Global: Google Grapples Globally Google is a global leader in the Internet publishing, broadcasting, and search portals industry, which encompasses organizations that publish online content, provide search portals, and operate websites (Hoovers, 2014c). Major competitors to Google include Facebook (United States), Yahoo! (United States), Baidu, Inc. (China), Tencent Holdings Limited (China), DeNA Co., Ltd. (Japan), and Naver Corporation (South Korea). To remain competitive, Google oper- ates in more than 50 countries and is available in more than 100 languages (Hoovers, 2014b). Diverse regional and national policies on Internet privacy and censorship create challenges for Google. According to the industry overview from Hoovers (2014c), regulations of the Internet are continually changing to keep up with new ethical issues, stating: Laws and regulations are a significant challenge for Internet content firms. Import/export requirements, content policies, trade restrictions, and data privacy are among the many regulatory hurdles Internet firms must clear to do business on a global scale. (p. 5) Google’s international presence provides two examples of tackling ethical issues with the Internet. Censorship in China In 2000, Google launched a Chinese version of Google.com
  • 45. with great anticipation of accessing a large, growing population of Internet users (Tan & Tan, 2012). As the company struggled to increase market share, Google created new products that allowed access to information that the Chinese Internet search engine, Baidu.com, did not allow. Following Chinese government investigations into Google’s operation, Google succumbed to pressures estimated 2.7 billion Internet users worldwide (Hoovers, 2014c). The United States governs much of the Internet, controls the addressing system, and is home to leading Internet-related companies like Microsoft, Google, and Facebook, Inc. (Gjelten, 2013). However, fears of reli- ance on the United States for Internet connectivity have prompted various European coun- tries to set up intraregional hubs for Internet exchanges. For example, data transfers to and from Norway, Finland, and Russia can route through Sweden (Irion, 2009). Thailand is becom- ing an Internet gateway for Vietnam, Laos, Cambodia, and Myanmar (Leesa-nguansuk, 2012). As data travels through complex systems of network hubs, citizens lose the protection of national privacy rules (Irion, 2009). Privacy rules vary by region. The EU countries require Internet search engines to restrict access to information that citizens want to protect, China and other countries restrict access to politically sensitive content, and the United States protects the free flow of information (Fisher, 2014). Forrester Research provides a global heat map that shows the levels of protection for data privacy by
  • 46. country at http://www .forrestertools.com/heatmap/. Business strives to safeguard confidential data from surveil- lance in countries where government monitoring of Internet and phone communications lim- its privacy, such as in the United States, the United Kingdom, Russia, China, Thailand, Taiwan, and Singapore (Sherman, 2014). See Going Global: Google Grapples Globally for ethical issues relating to government surveillance, international privacy rules, and protecting individual and company proprietary information. (continued) ped82162_10_c10_295-324.indd 311 4/23/15 8:49 AM http://www.forrestertools.com/heatmap/ http://www.forrestertools.com/heatmap/ Section 10.2 Emerging Ethical Issues to restrict access to politically sensitive sites or topics and share private customer data to government agencies. Tan and Tan (2012) noted that: For Google to uphold its values—of “Don’t Be Evil” and make information “universally accessible and useful”—while compromising its ethical stan- dards to cooperate with a Chinese government that maintains social control through sophisticated filtering of “offensive” Internet content puts it in a CSR [ethical] paradox. (p. 473)
  • 47. In 2009, Google experienced a data breach allegedly from the Chinese government seeking incriminating evidence against Chinese dissidents. The incident prompted Google to reduce its presence in mainland China and publish a link on its government approved “.cn” domain (Google.cn) to an uncensored website based in Hong Kong (Hoovers, 2014b). Censorship in Europe In 2010, while managing the issues of censorship in China, Google was also dealing with a privacy issue relating to European data protection law. Google holds 85% of the search engine market in Europe. A Spanish citizen claimed that Google was violating his privacy when search results included a newspaper notice of his repossessed home. The case went to the Court of Justice of the European Union. On May 13, 2014, the European Court ruled on the following issues: a. On the territoriality of EU rules: Even if the physical server of a company process- ing data is located outside Europe, EU rules apply to search engine operators if they have a branch or a subsidiary in a Member State which promotes the selling of advertising space offered by the search engine; b. On the applicability of EU data protection rules to a search engine: Search engines are controllers of personal data. Google can therefore not escape its responsibilities
  • 48. before European law when handling personal data by saying it is a search engine. EU data protection law applies and so does the right to be forgotten. c. On the “Right to be Forgotten”: Individuals have the right— under certain condi- tions—to ask search engines to remove links with personal information about them. (European Commission, 2012, p. 1) Google must comply with the new requirements to respond to requests for removing links to content by European users. However, the court ruling fails to provide clear direction on how to implement a fair process that respects the rights of the individual without jeopardizing open access to information. Some questions Google and other search engines have on the rul- ing include: How will each EU member nation interpret and enforce the ruling? Does the ruling apply to non-Europeans who petition removal of information to Euro- pean regulators? Must removal of online content or links to content occur only in Europe, or across world- wide platforms? If worldwide removal is required, how can search engines comply with free speech laws of the United States? (Scott, 2014) Going Global: Google Grapples Globally (continued) (continued)
  • 49. ped82162_10_c10_295-324.indd 312 4/23/15 8:49 AM Section 10.2 Emerging Ethical Issues Questions to Consider 1. How can Google determine the best ethical approach to handling government demands for censorship of information or disclosure of customer transactions? Using the two-fold test from Chapter 3, how does complying with government demands harm company stakeholders and/or violate a common ethical principle or business standard? 2. How does Google’s introduction of future products like an autonomous car and Google Glass create potential challenges in censorship and surveillance demands from law enforcement and governments? 3. If you were Google’s ethics and compliance officer, what actions would you take to anticipate future ethical issues and incorporate them into the ethics and compliance program? Going Global: Google Grapples Globally (continued) While businesses seek to prevent unauthorized access to confidential data, legitimate com- munication with business partners contributes to the potential
  • 50. for a cyber attack. Director of National Intelligence James Clapper highlighted this security threat in a report to the United States Senate Select Committee on Intelligence on March 12, 2013: We assess that highly networked business practices and information tech- nology are providing opportunities for foreign intelligence and security ser- vices, trusted insiders, hackers, and others to target and collect sensitive U.S. national security and economic data. (Clapper, 2013, p. 2) The Software Alliance (BSA) finds that hackers are able to bypass computer security through unlicensed software used by company vendors, customers, and business partners. A global software survey by BSA found that many employees are not aware of company policies pro- hibiting unlicensed software, increasing the potential for noncompliance within the organiza- tion or enforcement of compliance by suppliers (BSA | The Software Alliance, 2014). Manag- ers need to identify gaps in their ethics and compliance efforts that put the company at risk of misconduct due to emerging security threats. Another new technological advance that could affect business includes wearable technology. For the past decade, RFID chips in clothing provide transparency of the supply chain to the apparel manufacturers and retailers. Research continues to expand the technology to weave electronic sensors into the cloth. Manufacturers recognize new business opportunities with
  • 51. the development of smart textiles that “regulate body temperature, reduce wind resistance, and control muscle vibration” (Hoovers, 2014a, p. 11). Optical wearable technology has been in use by the military and aviation (Wong, 2014). In 2012, Google announced the beta testing of Google Glass, eyeglass frames with a small com- puter display connected to the Internet. Some industries are eager to adopt wearable sur- veillance technology to improve employee productivity and customer service. Virgin Atlantic Airways Ltd. hopes that concierge and airport staff using Google Glass and other wearable technology can assist passengers upon arrival, when boarding, and in-flight by accessing a database on passenger preferences (Weiss, 2014). ped82162_10_c10_295-324.indd 313 4/23/15 8:49 AM Section 10.3 The Future of Organizational Ethics and Compliance Small, lightweight, hands-free cameras used in sports over the past decade are finding their way into the workplace. As of 2013, one out of every four U.S. police departments provides wearable cameras for patrol officers. While officers wearing body cameras experience fewer citizen complaints and use of force incidents than those without (Elinson & Kesling, 2014), individuals and businesses fear misuse of surveillance by police or the government.
  • 52. Many of these wearable technologies create emerging ethical issues regarding privacy and confidentiality (Whitford, 2014). Innovations in surveillance technology have created major privacy concerns among employees, customers, and businesses. Initially, police officers opposed using wearable cameras for fear that supervisors could target them for disciplinary action (Elinson & Kesling, 2014). Companies should consider employee reactions to surveil- lance in the workplace. In the United Kingdom, theater owners banned Google Glass from cinemas for fear of users making copies of films (Weiss, 2014). Companies may need to consider a similar ban to pro- tect intellectual property. Privacy concerns of customers of restaurants, bars, and other public venues fear videos or photos taken without their knowledge are prompting the businesses to ban the use of wearable surveillance technology in some establishments, which can be a simi- lar concern in the workplace. Restrictions on the use of Google Glass devices while driving due to perceived cognitive distraction continue to evolve, affecting transportation companies or employee travel policies (Rosenberger, 2014). Companies need to consider possible uses of wearable surveillance devices for harassing employees or sharing proprietary information with competitors. Ethics officers must consider future ethical issues and their impact on the organizational ethics and compliance program. 10.3 The Future of Organizational Ethics and Compliance
  • 53. Ethics and compliance professionals need to anticipate future demands on their profession to respond to emerging issues that result from changes in the workplace and new business inno- vations. The ethics and compliance function has changed since the inception of the profession in the 1990s as a response to the U.S. Defense Industry Initiative (DII) (see Chapter 1). Chap- ter 4 explored the influence of laws and guidelines on the role of an ethics and compliance officer to coordinate a company’s legal, ethics, audit, training, and risk functions. Emerging ethical issues will affect the ethics and compliance practice in the future, including the orga- nizational ethics and compliance program and the ethics and compliance function. Given the volume and complexity of emerging ethical issues in the years to come, ethics and compliance professionals will benefit from employment opportunities in their field, but bear the brunt of the heavy demands they will likely face. In the United States, the Bureau of Labor Statistics (2014a) projects employment of over 250,000 compliance officers by the year 2022. While occupations focusing solely on compliance are expected to grow at a rate of only 5% between 2012–2022, a lower than average rate of other occupations, surveys from the Soci- ety of Corporate Compliance and Ethics (SCCE) have found that 27% of companies expect to increase staffing for the ethics and compliance functions (SCCE, 2013). ped82162_10_c10_295-324.indd 314 4/23/15 8:49 AM
  • 54. Section 10.3 The Future of Organizational Ethics and Compliance Despite burgeoning employment opportunities, another survey found that over half of ethics and compliance professionals suffer from job-related stress and 60% consider leaving their job (SCCE, 2012). Reasons for stress include the pressures to comply with new and changing laws and regulations, challenges to prevent compliance and ethics violations, and complexity of remediating compliance and ethics violations. The following sections examine the future demands on ethics and compliance professionals, beginning with regulatory shifts that dic- tate changes in company policies. Regulatory Shifts Lead to Company Policy Shifts Shifts in government regulation lead to shifts in corporate policy. As shown in Going Global: Google Grapples Globally, multinational companies often struggle to address regulations that are inconsistent with corporate values and policies. Managers in Asia and Europe find that corporate ethical codes that prevent censorship of Internet content may need to be adapted to local regulations. In the case of Google, the company addresses the variance in privacy and freedom of information by stating in its code of conduct: Google is committed to advancing privacy and freedom of expression for our
  • 55. users around the world. Where user privacy and freedom of expression face government challenges, we seek to implement internationally recognized standards that respect those rights as we develop products, do business in diverse markets, and respond to government requests to access user infor- mation or remove user content. (Google, Inc., 2012, Serve Our Users section, para. 5) For further clarification of policies, Google instructs its employees to contact the legal or eth- ics and compliance office of their location. As with all multinational corporations, Google must provide custom ethics training by region to accommodate varying regulations among nations. While Europe’s ruling for the right to be forgotten specifically applies to providers of Internet search engines, the shift toward broadening the scope and reach of privacy laws should make companies of all industries take notice. Similar to the nebulous realm of the Internet, marijuana legalization represents another con- stantly shifting landscape. It can be difficult for companies operating in different states or countries to keep track of where marijuana is legal, illegal, legal only for medicinal purposes, or in the process of becoming legal. Marijuana, or cannabis, is an illegal drug in most coun- tries. In the United States, it is considered a controlled substance under the Controlled Sub- stances Act (Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970)
  • 56. (Hartman, 2013). In the 1970s, some states and countries decriminalized marijuana possession for personal use, yet retained criminality of the manufacturing, distribution, and sale of marijuana. In the 1990s, the drug became legal in Alaska, Oregon, Washington, and Maine for medicinal reasons, primarily pain management (Mello, 2013). Worldwide, medicinal uses of marijuana became legal in Canada beginning in 2001, and later in Chile, Finland, and Israel. In 2012, Colorado and Washington became the first states to legalize the sale of marijuana for recreational use. In December 2013, Uruguay became the first country to legalize the growing, selling, and use of marijuana (“Uruguay—Marijuana Becomes Legal,” 2013). ped82162_10_c10_295-324.indd 315 4/23/15 8:49 AM Section 10.3 The Future of Organizational Ethics and Compliance Many international companies are challenged to create appropriate organizational drug use policies that take into account the evolving legalization of marijuana use. Medical marijuana use may be legal in some states, yet it remains an illegal substance under federal law and its use or sale is not allowed. Courts hearing wrongful termination cases rule that while patients with grave and debilitating disabilities fall under the Americans with Disabilities Act, protec- tion does not preclude firing an employee for taking a drug that
  • 57. is illegal under federal law (Hartman, 2013). However, interpretations of employee/employer rights regarding medical marijuana could change. The legislation legalizing medical marijuana in New York includes antidiscrimination protections for certified patients using marijuana for medical reasons (Volpe & Reiter, 2014). An article in the Colorado Biz magazine provided two examples of how companies could maintain current drug policies, despite the legalization of marijuana in Colorado. In essence, as long as marijuana remains an illegal substance under federal law, businesses can ban it and continue drug tests to enforce the ban (Hartman, 2013). Companies with military or gov- ernment contracts must comply with federal requirements regarding controlled substances. According to Geotech Environmental Equipment’s president and CEO, “Geotech is required to maintain a drug-free workplace because of the work we do for the federal government, so we test at hire, accident and reasonable suspicion” (Caley, 2013, para. 18). Workplace safety is another reason for prohibiting marijuana use, especially for industries under federal regula- tion. Many workers at Colorado-based Swingle Lawn, Tree and Landscape Care drive motor vehicles and fall under Federal Motor Carrier Safety Administration regulations. The policy at the company affects all workers; as the human resources director explained, “Even if they are not driving, they are operating chainsaws and climbing 60-foot trees, so all employees are still subject to pre-employment drug testing and post-incident
  • 58. testing” (Caley, 2013, para. 16). Organizations wanting to preserve a ban on marijuana use should revise policy statements clarifying company rules that any marijuana use—for medicinal purposes or purchased under state laws allowing recreational use—is prohibited both during work hours and outside work hours. This is a recommended strategy even for those companies operating only in locations where marijuana remains illegal. Stating the company policy during the hiring process can prevent employees from misunderstanding their right to marijuana under state laws. Ethics and compliance professionals play an important role in identifying and addressing potential ethical issues from new regulations in the organization. The Ethics and Compliance Professional in the Future The ethics and compliance function has evolved throughout the past three decades. Many businesses invested in ethics and compliance management because of regulatory initiatives and the U.S. Federal Sentencing Guidelines for Organizations (FSGO) (see Chapters 4 and 9). However, the ethics and compliance professional plays a much larger role in the organiza- tion than that dictated by law. The ethics and compliance function of the future will need to respond to the demands on the profession to prevent misconduct by the organization and safeguard the public interest (Murphy, 2014). In May 2014, RAND Corporation explored the potential shifts in the compliance field over the
  • 59. coming decade during its annual symposium. The symposium was sponsored by the RAND Center for Corporate Ethics and Governance, a research organization committed to improving ped82162_10_c10_295-324.indd 316 4/23/15 8:49 AM Section 10.3 The Future of Organizational Ethics and Compliance public understanding of corporate ethics, law, and governance and to identifying specific ways in which businesses can operate ethically, legally, and profitably (Murphy, 2014). The business leaders and academic experts participating in the discussions recognized that emerging risks to a company’s reputation are driving changes to the ethics and compliance function. A com- pany’s reputation may be harmed by violations of law, opportunistic and dishonest behavior, and an amoral corporate culture. Business management considers that the role of the ethics and compliance function and the chief ethics and compliance officer is to address emerging reputational risks, prevent misconduct that contributes to reputational risk, and limit the damage of a reputational crisis. One of the attendees expressed the heightened attention to the ethics and compliance function to mitigate reputational risk by stating: Reputation risk is a chief concern for many, many board members today. Directors know that they need to be worried about reputation,
  • 60. but they’re often vague about what they specifically need to do. This involves a basic tieback to the compliance function, and to what the compliance officers are doing to address operational and strategic risk at the highest levels of their organizations. (Greenberg, 2014, p. ix) To address risks in the organization, ethics and compliance professionals should cultivate positive relationships with auditing staff if the organization is large enough to warrant ded- icated auditing resources. Internal and external auditors evaluate the effectiveness of risk management, controls, and governance processes (Forman, 2013). New regulations create stress on the ethics professionals to keep policies current, educate the workforce, and moni- tor compliance. They are responsible for maintaining the organizational ethics and compli- ance program, which includes setting ethical standards, training employees, and investigating reports of misconduct. Ethics and compliance professionals can avoid duplicating tasks by leveraging the auditors for monitoring compliance. Auditors can verify that employees are following the laws, regulations, and policies by including compliance tests in the audit proto- cols (Forman, 2013). Ethics officers should meet regularly with auditing staff to identify high- risk areas to include in the audit plan. Auditors can share findings and serve as consultants to the ethics staff to remedy noncompliance situations. Challenges for Ethics and Compliance Professionals
  • 61. Ethics and compliance professionals of the future will need to overcome challenges to further their role of protecting their company’s reputation. In order to establish a company culture of integrity and ethical conduct, the ethics and compliance function must have legitimacy within the organization. Organizational legitimacy is “a generalized perception or assumption that the actions of an entity are desirable, proper, or appropriate within some socially constructed system of norms, values, beliefs, and definitions” (Suchman, 1995, p. 574). Legitimacy is important for ethics and compliance professionals to influence appropriate behavior. The compliance nature of the ethics and compliance function often entails asking employees to follow rules that affect their job performance. For example, as sales departments strive to increase revenue and make sales, the ethics and compliance staff track pending regu- lation that would restrict the industry if companies ignore responsible business practices. As emerging regulations create change in company ethics policies, ethics and compliance pro- fessionals will need to establish legitimacy with all employees of the organization to affect appropriate change in behaviors. ped82162_10_c10_295-324.indd 317 4/23/15 8:49 AM Section 10.3 The Future of Organizational Ethics and Compliance
  • 62. Treviño, den Nieuwenboer, Kreiner, and Bishop (2014) conducted a study of the legitimacy of the ethics and compliance function in U.S. organizations. They found that the ethics and compliance function’s legitimacy resulted from external sources, primarily the regulatory pressures due to past ethical scandals. However, most ethics and compliance officers experi- enced internal challenges with legitimacy within their company, creating a barrier to effec- tively managing the ethics and compliance program. The study identified four internal chal- lenges to establishing legitimacy within an organization, which relate to previous discussions throughout the text. 1. Difficulty in evaluating effectiveness Ethics and compliance officers struggle with measuring the return on investment of ethics and compliance initiatives. The metrics for an ethics and compliance program differ from other functions and may require further explanation to show a return on investment. This can be achieved by utilizing some of the approaches for measur- ing the effectiveness of an ethics and compliance program that were discussed in Chapter 9. 2. “We are already ethical” mentality Even with top management support, some employees will question the need for ethics and compliance guidance, as they perceive that they are acting in line with personal ethical principles. In Chapter 1, this phenomenon is described as ethical
  • 63. fading, which can lead to cognitive biases that increase the potential for unethical behaviors. Therefore, the role of ethics professionals is to look beyond the for- mal organizational ethics program and identify ethical traps that may occur (see Chapter 7). 3. Clash with business imperatives Ethics and compliance officers must address some employees’ beliefs that ethics is contrary to pursuing business success. Chapter 1 outlined the costs of ethical lapses, including a loss of reputation that influences customer loyalty, employee satisfaction, and government intervention, while Chapter 2 demonstrated that responsible com- panies gain competitive advantages, such as attracting employees, reliable supply chain and favorable competitive environment. 4. Clash with legal mindset Contradictions exist between the goals and purposes of the legal department and those of the ethics and compliance function. One ethics and compliance officer expressed this conflict by stating: General Counsel’s role is to protect the corporation. Therefore, the advice that they give is, “This is the law. This is what you can do, and this is what you can’t do.” That’s a lawyerly thing to do and that’s what I would expect a general counsel to do. The Ethics Officer’s role is to say, “I understand what the law is, but I don’t
  • 64. believe this is . . . how we put ourselves out with respect to integ- rity.” (Treviño et al., 2014, p. 192) This clash with the legal mindset creates a challenge for the ethics and compliance profes- sional to create an environment of ethical conduct beyond what is dictated by law. For that reason, the reporting relationship between the ethics officer and his or her supervisor is ped82162_10_c10_295-324.indd 318 4/23/15 8:49 AM Section 10.3 The Future of Organizational Ethics and Compliance gaining importance in structuring an effective ethics and compliance program for the future, as discussed in Chapter 9. The trend is to remove the ethics and compliance function from the legal department, and have a direct reporting relationship to the CEO or board of directors. Direct access to the board complies with the FSGO, and allows for independence of the legal department and unrestricted investigations of misconduct at senior levels of management (Snell, 2011b). Building Trust in the Ethics and Compliance Profession Trust is a fundamental component of a business’s reputation. The CEO of SCCE, Roy Snell (2013), considers that the most important role an ethics professional can play in business is to build trust through an ethical culture that contributes to the
  • 65. success of the organization and the economy. Joseph Murphy, the director of public policy at SCCE feels that ethics and compliance professionals have a duty to protect the public interest. He stated: . . . when C&E (Compliance and Ethics) violations occur in major companies, there is the potential for dramatic negative consequences with more wide- spread impact (e.g., the Bhopal disaster, Enron debacle, BP oil spill). Organi- zational misconduct can result in high-stakes harm to society. (Murphy, 2014, p. 9) Sharon Allen (2010), chairman of the board at Deloitte, recommends positioning the ethics officer and ethics staff as trusted and strategic advisors on the ethical best practices that the organization needs. Ethics professionals should consistently scan for emerging ethical issues and anticipate revisions of the code of conduct or company policies. Knowing the top global risks that could influence the business allows the ethics team to create plans to protect against the threat. A leading concern for business is the unauthorized access to confiden- tial data (Council on Foreign Relations, 2014; World Economic Forum, 2014). Folsom (2014) found that even with the increasing threat of cyber attacks, many companies are not pre- pared to detect or prevent hackers from accessing data. The reason provided is that no one in the organization is accountable for compliance, training, and monitoring programs to protect
  • 66. against cyber threats. Ethics and compliance professionals can take ownership of data secu- rity by becoming proficient in technical cybersecurity issues. A good relationship with information technology (IT) personnel is essential to implementing security procedures designed to prevent cyber theft, or modifying software applications to comply with new regulations. Ethics professionals and IT professionals often have trouble communicating with each other because they tend to use terms that are specific to their posi- tions. One compliance officer, Stuart Lehr stated, “A lot of the problem is that you get lost with the first acronym from IT staff ” (“Compliance and IT Work Best as Partners,” 2011, p. 5). A shared list of acronyms and terms with explanations can enhance communication. Likewise, ethics professionals cannot expect IT personnel to understand systems changes from reading a regulation. Lehr provides the following questions to guide IT professionals in responding to new regulations: 1. Task: What does the regulation require? 2. Translation: How do we eliminate compliance jargon and define what we need to do? ped82162_10_c10_295-324.indd 319 4/23/15 8:49 AM Section 10.3 The Future of Organizational Ethics and Compliance
  • 67. 3. Result: What must systems do to meet the regulations? 4. Inventory: Is there existing functionality that can be modified? 5. Gaps: Where are the holes in functionality? 6. Deadline: When must compliance be reached? 7. Validation: How will tests verify the system is in compliance? (“Compliance and IT Work Best as Partners,” 2011, p. 6) Beyond developing a relationship with IT professionals, ethics officers must develop a rela- tionship with the organization’s executives. To develop trust, ethics officers should convey messages in terms that executives will understand. Since business executives care about the financial viability of the company, ethics professionals should discuss ethical risks in financial terms, rather than in moral terms. Allen (2010) suggests following this formula when recom- mending investments in addressing an emerging ethical issue: • First, calculate your organization’s enterprise value or market capitalization. • Then, discuss the implications of how the lack of an ethical culture [or attention to an ethical issue] can bring down the entire enterprise. (Use actual examples when it has happened before). • Finally, draw the connection between ethical behavior and the value of the entire enterprise. (p. 556)
  • 68. The ethics and compliance function has made a great deal of progress since the 1980s when the DII formed to create the first ethical principles for business. Organizational ethics and compliance programs today are more comprehensive than that of General Dynamics’s eth- ics program, which included the first formal standards of business ethics and conduct. A new profession of ethics and compliance has emerged to focus on creating an ethical culture within an organization. Recognizing the value of an ethics professional, Bentley professor Patrick J. Gnazzo gives this advice to students: No matter what career you choose after you leave Bentley, an effective chief ethics and compliance officer (CECO) will make your job all the more enjoy- able. An effective CECO has your back, and he or she will make it easier to say “no” to the inevitable pressure to cut corners or bend the rules. An effective CECO allows employees to devote their energies to being productive rather than protective. (Gnazzo, 2011, p. 534) An ethical business requires employees and managers to hold all coworkers and leadership accountable for ethical conduct. Responsible managers strive to encourage ethical decisions by fostering a culture to recognize ethical issues, mitigate biases and pressures against ethical conduct, and leading by example. A formal organizational ethics program provides employees and managers the tools to encourage and support responsible business conduct now and in
  • 69. the coming years. A long history of events and sociopolitical changes shape the ethical and societal expectations of business. Ethical leaders learn from prior experiences, realize cur- rent ethical concerns, and anticipate future ethical issues for their business. An ethical and responsible business creates long-term value for customers, employees, shareholders, sup- pliers, and the community. ped82162_10_c10_295-324.indd 320 4/23/15 8:49 AM Summary & Resources benign moral pressure Stakeholder pref- erence for behavior that is inarguably con- sistent with manifest universal principles. community of practice Groups of people who share a concern, a set of problems, or a passion about a topic and interact on a regular basis to deepen their knowledge and expertise in the area. counteractive communicative behav- iors Actions that prevent teams from creat- ing ideas, finding solutions, and productive discussions. disputed moral pressure Stakeholder pref- erence for behavior that is not resolved by manifest universal principles and reflects one segment of society in opposition of another.
  • 70. Summary & Resources Chapter Summary Trends in the economic, geopolitical, social, and technological environment create new ethi- cal issues for business. Social issue life cycle theory asserts that ethical issues evolve over time, progressing from relative inattention to an issue, to awareness, and finally to an expec- tation for responsible behavior by stakeholders. Proactive identification of emerging ethical issues requires monitoring an organization’s internal and external environments to detect early signs of the ethical dimensions of future business opportunities. Company stakeholders can bring three types of ethical issues to the attention of management. Benign ethical issues are those consistent with universal principles of acceptable conduct. Disputed issues are controversial, with opposing views of acceptable action. Problematic issues are those that are inconsistent with universal principles and could lead to misconduct. Credible resources for identifying emerging ethical issues include print and online media, user-generated content in social media sites, surveys by ethical centers, think tanks, NGOs, and participation in industry association networks. New ethical issues emerge as companies respond to workforce transitions, such as service- related jobs replacing manufacturing jobs, with a need for higher education and technological skills from workers. Companies in developed countries must adapt to an aging workforce that
  • 71. requires new approaches in assuring its health, safety, and well- being. Workforce planning for future ethical concerns includes assessing the current workforce, identifying challenges in future workforce skills, and anticipating legal obligations in recruiting and hiring employees. Innovative business models may create ethical challenges in fairly treating company stake- holders that are new to the industry. Ethical challenges with surveillance technology relate to privacy concerns of employees, customers, and businesses. Emerging ethical issues and new business regulations require ethics and compliance profes- sionals to anticipate future demands on their profession and the organization. Ethics profes- sionals should foster positive relationships that build trust with employees, leadership, and the board of directors. The ethics and compliance function in business has made much head- way since its inception in the 1980s with formal organizational ethics programs, acknowl- edgement as a profession, and an appreciation for the value of creating an ethical culture. Key Terms ped82162_10_c10_295-324.indd 321 4/23/15 8:49 AM Summary & Resources Critical Thinking and Discussion Questions 1. Search current newspapers or trade journals for reports of
  • 72. new technologies. Select one technology and identify the ethical considerations that a company adopting the technology should address. 2. Select a global risk from Table 10.3 or another future risk to business. Find three credible sources of information that would highlight ethical issues that organiza- tions should consider incorporating into their ethics and compliance program. Identify any underlying biases in the source material that might skew a recom- mended action. 3. Envision the workplace of the future. What ethical issues arise from robot technol- ogy performing reasoning and decision-making tasks like performing surgery? Who would be accountable for misconduct or unethical actions? 4. How can an organization maintain workplace prohibitions of activities that may be legal in the state or country where they operate, such as marijuana use, concealed weapons, or smoking indoors? How can a company avoid lawsuits from employees claiming unfair or discriminatory practices? 5. What skills will ethics and compliance professionals require to handle demands to manage future ethical issues? What skills will operational managers require to encourage and ensure ethical conduct in their function? How can an organization
  • 73. prepare its workforce to anticipate and respond to emerging ethical issues? Suggested Resources AARP Workforce Assessment http://www.aarpworkforceassessment.org/welcome Business for Social Responsibility http://www.bsr.org/ ethical issue intensity The perceived rel- evance or importance of an ethical issue to individuals or groups. problematic moral pressure Stakeholder preference for behavior that is inargu- ably inconsistent with manifest universal principles. organizational legitimacy A generalized perception or assumption that the actions of an entity are desirable, proper, or appropri- ate within some socially constructed system of norms, values, beliefs, and definitions. social media analytics The collection and interpretation of social media data to extract useful patterns and intelligence. social media monitoring The process to discover and collect content on social net- working sites on relevant topics.
  • 74. think tank Groups of experts researching technological and social problems in order to generate new ideas and offer advice. user-created content Content made pub- licly available over the Internet that reflects a certain amount of creative effort and is created outside of professional routines and practices. ped82162_10_c10_295-324.indd 322 4/23/15 8:49 AM http://www.aarpworkforceassessment.org/welcome http://www.bsr.org/ Summary & Resources Council on Foreign Relations http://www.cfr.org/ CSRwire http://www.csrwire.com/ Ethical Corporation http://www.ethicalcorp.com/ Ethics Resource Center http://www.ethics.org/ Ethisphere Institute
  • 75. http://ethisphere.com/ European Business Ethics Network http://www.eben-net.org/ Forbes http://www.forbes.com/ Forrester Research’s Global Heat Map http://www.forrestertools.com/heatmap/ Institute of Business Ethics http://www.ibe.org.uk/ Law.com Newswire www.law.com The Conference Board https://www.conference-board.org/ The Economist http://www.economist.com/ The Financial Times http://www.ft.com/home/uk The GRC Digest
  • 76. http://www.grcdigest.com/ The New York Times http://www.nytimes.com The Wall Street Journal http://online.wsj.com/ ped82162_10_c10_295-324.indd 323 4/23/15 8:49 AM http://www.cfr.org/ http://www.csrwire.com/ http://www.ethicalcorp.com/ http://www.ethics.org/ http://ethisphere.com/ http://www.eben-net.org/ http://www.forbes.com/ http://www.forrestertools.com/heatmap/ http://www.ibe.org.uk/ www.law.com https://www.conference-board.org/ http://www.economist.com/ http://www.ft.com/home/uk http://www.grcdigest.com/ http://www.nytimes.com http://online.wsj.com/ Summary & Resources Transparency International http://www.transparency.org/
  • 77. United Nations Global Compact https://www.unglobalcompact.org/ World Economic Forum http://www.weforum.org/ ped82162_10_c10_295-324.indd 324 4/23/15 8:49 AM http://www.transparency.org/ https://www.unglobalcompact.org/ http://www.weforum.org/ HIST 285. Final Exam For this exam you are responsible to show your comprehension of the primary course readings. Use "your own words" to elaborate the concepts and arguments. Work to maintain quality, depth and succinctness of analysis in your answers to each of the questions. While showing range, be as thorough as you can within the constraints of the 800-word limit per question set. (citations not included) Both internal and external references need to be properly cited. The absolute deadline for the exam is 11:59 p.m. Friday, December 11. Late work will not be accepted. Plagiarism (copy and paste from articles, internet, posts from others, or paraphrasing someone else’s line of thinking in the development of a topic as if it were your own) is strictly forbidden. Once detected, you will receive no points in your final exam.
  • 78. 1. You work for Drexel student news paper as a science journalist. You are assigned the task of reporting President Obama's attendance of COP21 climate change summit in Paris. While Obama is defending the US position of fighting for global warming in front of other national leaders, House voted earlier this week, for political, economic and scientific reasons, to pass two bills that would overturn the Environmental Protection Agency's "Clean Power Plan", the first-ever nationwide restrictions aimed at a large reduction in greenhouse carbon emissions from the nation's coal-burning power plants.
  • 79. Mobilizing what you learned from the class to write a news report, helping your readers understand the complex relationship between science, technology and politics in climate change. 2. Dr. Franco Montalto, an Associate Professor in the Department of Civil, Architectural and Environmental Engineering at Drexel University Professor is looking for a student as the research assistant for his community-based project on environmental sustainability. http://swre.cae.drexel.edu/ He need someone who has interdisciplinary knowledge about science, technology and society in order to work with a variety of stakeholders. You are applying this position. Mobilizing what you learned from the class to convince him that you deserve the job. 3. In this class we discussed many technical objects that have politics, with social, ethical or dark values embedded in their material designs/formats: 1) What do these "artefacts" teach us about the relationship between technology and society? 2) Take a picture of an engineered artefact in your daily life that has hidden politics or values. Explain how and why the social complexities and technical complexities compound one another in the artefact. 4. On October 21 2015, the White House released new strategy for American innovation, tying social benefits directly with technological breakthrough in order to legitimate the critical
  • 80. investment in the most advanced science & technology: Federal investments in R&D are critical to keeping America on the cutting edge of the innovation economy. If the President’s 2016 Budget request for $146 billion in R&D is ignored and harmful sequestration cuts are imposed, the American people could be denied important research advances, such as lifesaving biomedical breakthroughs, a leading advanced manufacturing sector, and cleaner energy. However, several papers we've read in this class challenge such "linear innovation model" and propose alternative perspectives to delineate the complex interplay between science, technology and society. Elaborate these alternative proposals and give your account of the White House strategy. 9 Implementing an Ethics Program Bloomberg/Getty Images Learning Outcomes After reading this chapter, you should be able to do the following: • Explain how an organization can structure and manage an ethics program. • Develop a code of conduct that articulates standards to company stakeholders. • Create an ethics training and communications plan.
  • 81. • Evaluate mechanisms for obtaining advice on ethical issues and reporting ethical misconduct. • Design an effective monitoring and auditing system. ped82162_09_c09_255-294.indd 255 4/23/15 8:47 AM Introduction Introduction Ethics Program Pays Off for Morgan Stanley On April 25, 2012, Garth Peterson, former managing director for Morgan Stanley’s real estate business in China, pleaded guilty to violating the Foreign Corrupt Practices Act (FCPA) and for conspiring to evade Morgan Stanley’s internal controls for meeting securities laws for invest- ment advisers (United States Department of Justice, 2012). From 2004 to 2007, Peterson cultivated a relationship with a Chinese official to obtain business approvals. In 2008, execu- tives at Morgan Stanley discovered the violations, reported them to the U.S. Securities and Exchange Commission (SEC), and fired Peterson (Lucchetti & Kendall, 2012). Department of Justice officials declined to bring any enforcement action against Morgan Stanley because of its documented ethics and compliance program, stating: According to court documents, Morgan Stanley maintained a system of internal controls meant to ensure accountability for its assets and to
  • 82. prevent employ- ees from offering, promising or paying anything of value to foreign govern- ment officials. Morgan Stanley’s internal policies, which were updated regu- larly to reflect regulatory developments and specific risks, prohibited bribery and addressed corruption risks associated with the giving of gifts, business entertainment, travel, lodging, meals, charitable contributions and employ- ment. Morgan Stanley frequently trained its employees on its internal policies, the FCPA and other anti-corruption laws. Between 2002 and 2008, Morgan Stanley trained various groups of Asia-based personnel on anti- corruption policies 54 times. During the same period, Morgan Stanley trained Peterson on the FCPA seven times and reminded him to comply with the FCPA at least 35 times. Morgan Stanley’s compliance personnel regularly monitored transac- tions, randomly audited particular employees, transactions and business units, and tested to identify illicit payments. Moreover, Morgan Stanley conducted extensive due diligence on all new business partners and imposed stringent controls on payments made to business partners. (United States Department of Justice, 2012, para. 6) The experience of Morgan Stanley shows that companies with excellent ethics and compli- ance programs may be protected should their employees violate
  • 83. standards. An excellent eth- ics and compliance program meets five common elements set forth in the U.S. Federal Sen- tencing Guidelines for Organizations (FSGO), the FCPA, the U.K. Bribery Act 2010, and the Organisation for Economic Co-operation and Development (OECD) Good Practice Guidance on Internal Controls, Ethics, and Compliance. Although the language differs, each of the four guidelines recommends the following steps: 1) create program structure, 2) establish corpo- rate standards, 3) educate the workforce, 4) create investigation procedures, and 5) assess program effectiveness (see Figure 9.1 for the key elements to implementing an organiza- tional ethics program). Figure 9.1: Key elements to implementing an organizational ethics program An excellent ethics and compliance program meets five common elements. Establish Corporate Standards • Code of Conduct • Global Considerations • Implementation Educate the Workforce • Training Plan • Training Execution
  • 84. Create Investigation Procedures • Ethical Guidance • Reporting Mechanism • Investigation Process Assess Program Effectiveness • Ethical Performance Metrics • Audit Committee Create Program Structure • Ethics Officer • Board Oversight • Reporting Relationship ped82162_09_c09_255-294.indd 256 4/23/15 8:47 AM Establish Corporate Standards • Code of Conduct • Global Considerations • Implementation Educate the Workforce • Training Plan
  • 85. • Training Execution Create Investigation Procedures • Ethical Guidance • Reporting Mechanism • Investigation Process Assess Program Effectiveness • Ethical Performance Metrics • Audit Committee Create Program Structure • Ethics Officer • Board Oversight • Reporting Relationship Section 9.1 Creating a Program Structure Though prescriptive in the steps needed to create an effective ethics and compliance program, none of the aforementioned guidelines specifies the method to be used. Rather, each organiza- tion may tailor its program to applicable industry practice or standards, the size of the orga- nization, and the risk of misconduct (United States Sentencing Commission, 2013). Ethics professionals typically share initiatives that work for their company (best practices) so that other organizations can model their ethics and compliance