CHAPTER 5 ETHICS AND CORPORATE SOCIAL RESPONSIBILITY

1. CHAPTER 5 ETHICS AND CORPORATE SOCIAL RESPONSIBILITY NagiahRamasamy

2. Learning Outcomes • Explain the special areas of concern in managerial ethics. • Explain the moral principles defining the ethicality of behavior. • Describe the common ethical dilemmas in the workplace. • Describe the stages in moral development. • Explain how ethical behavior can be improved in organizations. • Differentiate the two opposing views of social responsibility. • Explain why organizations are embracing sustainability.

3. Concern for Ethical and Societal Issues • Fraud cases have increased by nearly 100% in Malaysia over the past three years. • Some companies in Malaysia believe that the best way to win contracts is by giving kickbacks. • Foreign companies too have been indicted for unethical practices in Malaysia. • French engineering group Alstom Network Schweiz AG fined RM133 million by Swiss authorities for bribing civil servants in at least three cases. • Telecommunications firm Alcatel-Lucent paid RM435 million to resolve US criminal and civil probes.

4. The Contemporary Ethical Environment • Malaysian society – increasingly more critical about how companies manage their business operations. • IMDB, Transmile Group, Kenmark Industrial Co (M) Bhd, Port Klang Free Zone, and National Feedlot Corporation, for example, • appeared in the news for the wrong reasons. • Concerns over ethical practices, social responsibility and corporate governance issues.

5. Wall Street Fleet Street Main Street: Corporate Integrity at a Crossroads • Among the key findings of the 500 financial services professionals: • 26% had observed or had first-hand knowledge of wrongdoing in the workplace; • 24% believed they may need to engage in unethical or illegal conduct in order to be successful; • 16% would commit insider trading, a crime, if they could get away with it; • 30% reported feeling pressured to compromise ethical standards or violate the law as a result of their bonus or compensation plans. http://labaton.com/en/about/press/upload/US-UK-Financial-Services-Industry-Survey.pdf.

6. Business Ethics • A set of moral principles, values and beliefs that define right and wrong decisions and behavior of an individual or group. • Ethical behavior is behavior that conforms to society’s principles of good or right as opposed to bad or wrong. • Responsibilities of a business extends to its stakeholders: • E.g. employees, customers, suppliers, investors and to the wider society.

7. Factors that shape business ethics • By individuals weighing what’s right and wrong before deciding or taking action. • By the ethical climate, the prevailing combination of a company’s stated beliefs and its real actions, for example, leadership by example. • By a firm’s codes of conduct, usually made up of statements in which the “right thing to do” is encouraged and applauded. • By a firm’s framework designed to encourage, or demand, high ethical standards from its workers, for example, recruitment, training, discipline and rewards systems, and whistle-blowing policy.

8. Exhibit 5.1 Differences in business ethics across organizational types Source: Andrew Crane and Dirk Matten (2010) Business Ethics: Managing Corporate Citizenship and Sustainability in the Age of Globalization, 3e, Oxford: Oxford University Press, p. 17.

9. Managerial ethics • Refers to the standards of behavior that guide individual managers in their work (Refer to Exhibit 5.2). • Three areas of special concern for managers: • How the organization treats its employees • How employees treat the organization, and • How the organization and its employees treat other economic agents

10. Special areas of concern for managers • How an organization treats its employees • Determined by the behavior of its managers, and HR practices. • How employees treat the organization • Unethical practices involving employees, unauthorized use of organizational resources, etc. • How the organization treats other economic agents • Including customers, competitors, suppliers, dealers and trade unions.

11. Exhibit 5.2 Special areas of concern for managers Source: Ricky W Griffin (2013) Management 11e, Ohio, USA: South-Western Cengage, p. 91.

12. Managerial Ethical Perspectives • What constitutes ethical and unethical behavior can differ depending on the set of moral principles used as the basis for judgment. • At least four views to defining the ethicality of behavior have been proposed. • Utilitarian view • Rights view • Theory of justice view • Integrative social contracts theory

13. Utilitarian View of Ethics • Ethical decisions made solely on the basis of their outcomes or consequences. • If the consequences are good, the action is right; if they are bad, the action is wrong. • Uses a quantitative approach to ethical decision making, describes what rational people do in making ethical decisions. • Ought to act in a way that promotes the maximum net expectable utility, i.e., the greatest net benefits or the lowest net costs, for the broadest community affected by their actions. • Utility or happiness, however, is difficult to quantify.

14. Utilitarian View of Ethics • Often criticized for ignoring or dismissing the rights of the minority. Examples: • the state decides to construct a dam across a river to supply electricity to a large urban population, • but ignores the views of the small indigenous tribe who have been lived in the area for ages. • a CEO decides to downsize 15% of the firm’s workers to reduce the company’s labor cost, increase the firm’s financial performance and possibly improve job security for the remaining workers, • results in the rights of some other stakeholders being ignored.

15. Rights View of Ethics • Concerned with respecting and protecting individual liberties and privileges, for example: • rights to life, liberty, safety, liveable environment, privacy, free speech, free assembly, property and fair legal process. • UN Universal Declaration of Human Rights (UDHR): • Preamble states “Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world...” • Article 1 states “All human beings are born free and equal in dignity and rights.”

16. Rights View of Ethics • A right is an entitlement to act or have others act in a certain way. • Rights usually result in the duty of other actors to respect them. • Therefore rights are sometimes seen as related to duties: rights of one person can result in a corresponding duty on other persons to respect, protect or facilitate these rights. • E.g. a person’s right to property imposes a duty on others to refrain from gathering personal information about that person’s private life without his or her consent. • Employers and employees have certain rights. • Employers have rights to conduct their business as they deem fit and to make hiring decisions as long as they operate within the legal framework • Employees have rights to safe work environment, to organize and to engage in collective bargaining.

17. Theory of Justice View • Giving each person his or her due : “treating equals equally, and unequals, unequally.” • Essentially, people get what they deserve. • Managers evaluated based on whether they implement a fair system in the distribution of benefits and burdens, • without displaying unjust favoritism toward, or biasness against, others. • not base their decisions on vague or arbitrary factors such as race, religion, gender, marital status or personal favorites.

18. Theory of Justice View • Identify fairness in two main ways. • In fair procedures: • established according to whether people have been free to acquire rewards for their endeavors. • referred to as procedural justice. • In fair outcomes: • determined according to whether the consequences (whether positive or negative) are distributed in a just manner, according to some underlying principle such as merit or need. • referred to as distributive justice.

19. Theory of Justice View • Compared to the utilitarian theory, the theory of justice is generally taken to be more important. • E.g., sweatshops are often thought to be unjust - makes use of socially unacceptable working conditions where workers are often abused, even if this would make that society more productive, is very likely to be criticized if not condemned. • Protects the interests of those stakeholders who may be underrepresented or disadvantaged. • E.g., women, the disabled and the aborigines. • However, can lead to a sense of privilege or entitlement – may make them less willing to engage in innovation or take risks.

20. Integrative Social Contracts Theory • Based on the integration of two "contracts“: • The general social contract that allows businesses to operate and defines the acceptable ground rules, and • A more specific contract among members of a community that addresses acceptable ways of behaving, • proposes that ethical decisions should be based on empirical (what is) and normative (what should be) factors. • Differs from the other three views. • Suggests that managers need to look at existing ethical norms in industries and companies in order to determine what constitutes right and wrong decisions and actions.

21. Integrative Social Contracts Theory • More easily and closely related to the world of business than are other approaches to ethical decision making • because of its relevance to real business situations and a focus on various communities affected by decisions. • Largely focused on the problems inherent in a globalized economy, • especially the ethical problems encountered by MNCs when operating in developing countries. • Application includes • the appropriateness of businesses participating in corrupt practices, environmental protection, wage rates and living conditions of employees, and cultural issues of international business to the corporate governance and ethical issues present in all forms of economic systems.

22. Common On-the-job Ethical Challenges • Conflict of interest. • An employee’s private interests are significant enough to interfere with the job duties of the employee to the detriment of the organization. • Honesty and integrity. • Honest employee is expected to tell the truth, but an employee with integrity goes beyond mere truthfulness by sticking to deeply felt ethical principles, and acting on them. • Warren Buffet, Chairman and CEO of Berkshire Hathaway, on the importance of integrity: “In looking for people to hire, look for three qualities: integrity, intelligence, and energy. And if they don’t have the first one, the other two will kill you.”

24. Common On-the-job Ethical Challenges • Loyalty versus truth. • Employers expect their employees to be loyal and to act in their organization’s best interests. • Conflicts arise when employees believe the interest of the community morally outweighs their loyalty to their organization, • - they have to choose between loyalty to their organization and being truthful. • Whistle-blowing. • Employees’ disclosure of information about perceived wrongdoing in an organization, • - because they lack the influence or authority to directly change organizational practices.

25. Exhibit 5.3 Costs of Unethical Behavior and Benefits of Ethical Behavior Source: Stephen Robbins, Rolf Bergman, Ian Stagg and Mary Coulter (2006) Management, 4e, NSW: Pearson Prentice-Hall, pp.160-162.

26. Exhibit 5.4 Kohlberg’s stages of moral development • Adapted from Lawrence Kohlberg, "Moral Stages and Moralization: The Cognitive-Development Approach”, in Thomas Lickona (ed.) (1976) Moral Development and Behavior: Theory, Research, and Social Issues. New York: Holt, Rinehart & Winston, p. 35.

27. Exhibit 5.6 A Multisystem Approach – Improving ethical behavior in organizations Source: Linda K. Trevino and Katherine A. Nelson (2014) Managing Business Ethics, 6e. New Jersey: Wiley, p. 153.

28. The two opposing views of social responsibility • The debate over corporate responsibility involves two key elements:

29. Exhibit 5.8 Some examples of corporate social responsibilities to stakeholders Source: William Nickels, James McHugh and Susan McHugh (2012) Understanding Business, 10e. New York: McGraw Hill/Irwin.

30. Exhibit 5.9 Arguments For and Against Social Responsibility Source: Stephens P. Robbins and Mary Coulter (2012) Management, 11e. New Jersey: Prentice-Hall, p. 126.

31. Socially Responsible Business Benefits Includes: • Enhanced reputations and goodwill. • Reduced risks and costs. • Protection from their own employees and agents. • Stronger competitive positions. • Expanded access to capital, credit, and foreign investment. • Increased profits. • Sustained long-term growth. • International respect for enterprises and emerging markets.

32. Sustainable Development • “...development that meets the needs of the present without compromising the ability of future generations to meet their own needs" (GroBruntland, 1987). • We inherit the Earth from previous generations • have an obligation to pass it on in reasonable condition to future generations. • encourages organizations to be more aware of their long-term roles in the world’s ecology and communities • emphasis is on conserving and protecting natural resources.

33. Sustainable development - Triple Bottom Line • Managers should pay attention not only to financial results but also to environmental and social issues. • Focuses organizations on the economic value they add, and environmental and social value they add or destroy. • Demands a whole set of values, systems, and processes that take into consideration the needs of all the organization’s stakeholders – shareholders, customers, employees, business partners, governments, local communities and the public. • Organisations have tremendous impact as employers, users of resources, and designers and suppliers of products • In a unique position to influence the use of the world’s resources for the better.

34. Sustainable development • Modern industries • provided humanity with tremendous amount of material prosperity, • but created unparalleled environmental threats to the present and future generations, • threaten the welfare of human beings , plant and animal life.

35. Threats to the environment • Come from two sources: • pollution and resource depletion. • Pollution: the undesirable and unintended contamination of the environment by the manufacture or use of commodities • covers pollution of the air, water and land. • Asian Rare Earth SdnBhd’s rare earth refinery in Bukit Merah • Blamed for birth defects and eight leukaemia cases within 5 years in a community of 11,000 people. • Mitsubishi Chemical shut down the refinery in 1992; an estimated $100 million spent in the largest radiation clean up in the rare earth industry in Malaysia. • Reached an out-of-court settlement with residents in Bukit Merah by agreeing to donate $164,000 to the community’s schools, while denying any responsibility for illnesses.

36. Threats to the environment • Resource depletion • refers to the consumption of finite or scarce resources. • include the depletion of species and habitats, the depletion of fossil fuels and the depletion of minerals. • Estimated • Extinct since 1600 A.D., at least: • 63 major identifiable species of mammals • 88 major identifiable species of birds • the earth’s rainforests - destroyed at the rate of about 1% per annum.