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Chapter 7 Business Ethics Fundamentals LEARNING OUTCOMES After studying this chapter, you should be able to: 1. 2. 3. 4. 5. 6. 7. 8. Describe how the public regards business ethics. Define business ethics and appreciate the complexities of making ethical judgments. Explain the conventional approach to business ethics. Analyze economic, legal, and ethical aspects by using a Venn model. Enumerate and discuss the four important ethics questions. Identify and explain three models of management ethics. Describe Kohlberg’s three levels of developing moral judgment. Identify and discuss the elements of moral judgment. TEACHING SUGGESTIONS INTRODUCTION – Chapter 7 introduces concepts and background that are essential to understanding business ethics. The authors explore a wide range of topics that combine to form a network within which business decisions are made, how they are made, and how managers develop their abilities to make them. KEY TALKING POINTS – Unless students previously have taken a course in moral philosophy, most will have given little thought to the whole issue of ethical decision-making. Although they certainly will have opinions regarding what constitutes moral behavior (often very strong opinions), the majority will have little insight into how they make those decisions. One effective way to introduce this element of moral decision-making is to show a video clip or read a short passage that presents a clear moral dilemma (e.g., Case 10, Phantom Expenses) and then ask the students how they would make a decision about that scenario—without allowing them to say what their decisions are. Many will get frustrated with this exercise but will soon recognize the point being made—that they go through a process to get to their decisions, but rarely do they pay any attention to that process. Note that when students describe how they would make their decision, some will describe the use of an ethical principle (i.e., the principles approach); however, many will discuss the use of societal norms in their decision-making process (i.e., the conventional approach). Consequently, this exercise also is an opportunity to introduce the three major approaches to business ethics as well as Kohlberg’s three levels of moral judgment. This chapter focuses on two primary topics—the environment within which business ethics decisions are made and how managers go about making those decisions. By maintaining a clear focus on moral judgment, the authors provide students with a strong explanation of that process. However, by doing so, they also fall into the trap to which most moral philosophers succumb: neglect of other elements of moral behavior. James Rest, a contemporary of Lawrence Kohlberg, developed what he termed a Four Component Model of Moral Behavior, which outlines the psychological steps that must occur for moral action to occur. As Rest says, Business and Society Chapter Notes “…there is more to moral development than moral judgment development…” (Moral Development in the Professions, 1994, page 22). Rest’s four components include: 1. Moral sensitivity – awareness that a moral situation exists 2. Moral judgment – judging which action is morally right/wrong 3. Moral motivation – prioritizing moral values relative to other values 4. Moral character – courage to carry out the morally right action There is no question that judgment is a critical element in moral behavior, but it is only one element. Without recognition of the other components, students will not gain a full understanding of moral behavior within organizations. Using the Venn diagram, instructors can demonstrate how economics, ethics and the law affect managerial decisions. Further, the model of ethics employed by management is reflected by the emphasis placed on each of these responsibilities: (1) immoral managers focus on the firm’s economic responsibilities to the exclusion of all else, (2) moral managers balance the firm’s economic, ethical and legal responsibilities, and (3) amoral managers pursue economic profits while failing to consider ethical, and, potentially, legal factors (although they may passively comply with the law). PEDAGOGICAL DEVICES – In this chapter, instructors may utilize a combination of: Cases: The Waiter Rule: What Makes for a Good CEO? Using Ex-Cons to Teach Business Ethics To Hire or Not to Hire The Travel Billing Expense Controversy and the False Claims Act Phantom Expenses Family Business Chiquita: An Excruciating Dilemma Between Life and Law McDonald's: The Coffee Spill Heard ‘Round the World Safety? What Safety? The Betaseron Decision (A) A Moral Dilemma: Head Versus Heart Wal-Mart and Its Associates: Efficient Operator or Neglectful Employer? The Case of the Fired Waitress After-Effects of After-Hours Activities: The Case of Peter Oiler Is Hiring on the Basis of “Looks” Discriminatory? The Case of Judy Ethics in Practice Cases: Ethics in the Mailroom What They Don’t Know Won’t Hurt Them Flowers vs. Eyes: When Would You Have Paid? Spotlight on Sustainability: Ray Anderson’s Epiphany Business and Society Chapter Notes Power Point slides: Visit http://academic.cengage.com/management/carroll for slides related to this and other chapters. LECTURE OUTLINE I. THE PUBLIC’S OPINION OF BUSINESS ETHICS A. B. Are the Media Reporting Business Ethics More Vigorously? Is It That Society Is Actually Changing? II. BUSINESS ETHICS: MEANING, TYPES, APPROACHES A. Descriptive versus Normative Ethics B. Three Major Approaches to Business Ethics C. The Conventional Approach to Business Ethics D. Ethics and the Law E. Making Ethical Judgments III. ETHICS, ECONOMICS, AND LAW: A VENN MODEL IV. FOUR IMPORTANT ETHICS QUESTIONS A. What Is? - The Descriptive Question B. What Ought to Be? - The Normative Question C. How to Get from What Is to What Ought to Be - The Practical Question D. What Is Our Motivation? - A Question of Authenticity V. THREE MODELS OF MANAGEMENT ETHICS A. Immoral Management 1. Operating Strategy of Immoral Management 2. Illustrative Cases of Immoral Management a. Enron b. Bernie Madoff c. Ashleymadison.com d. Proctor & Gamble e. Survey Results B. Moral Management 1. Operating Strategy of Moral Management 2. Illustrative Cases of Moral Management a. McCullough b. Navistar c. Merck C. Amoral Management 1. Intentional Amoral Management 2. Unintentional Amoral Management 3. Operating Strategy of Amoral Management 4. Illustrative Cases of Amoral Management Business and Society Chapter Notes a. Early Examples b. Nestlé c. Sears 5. Two Hypotheses Regarding the Models of Management Morality a. Population Hypothesis b. Individual Hypothesis c. Amoral Management Is a Serious Organizational Problem VI. MAKING MORAL MANAGEMENT ACTIONABLE VII. DEVELOPING MORAL JUDGMENT A. Levels of Moral Development 1. Level 1: Preconventional Level 2. Level 2: Conventional Level 3. Level 3: Postconventional, Autonomous, or Principled Level 4. Ethics of Care Alternative to Kohlberg B. Different Sources of a Person’s Values 1. Sources External to the Organization: The Web of Values a. Religious Values b. Philosophical Values c. Cultural Values d. Legal Values e. Professional Values 2. Sources Internal to the Organization VIII. ELEMENTS OF MORAL JUDGMENT A. Moral Imagination B. Moral Identification and Ordering C. Moral Evaluation D. Tolerance of Moral Disagreement and Ambiguity E. Integration of Managerial and Moral Competence F. A Sense of Moral Obligation IX. SUMMARY SUGGESTED ANSWERS TO DISCUSSION QUESTIONS Students should recognize that their answers to these discussion questions should be well reasoned and supported with evidence. Although some answers will be more correct than others, students should be aware that simplistic answers to complex questions, problems, or issues such as these will never be “good” answers. 1. Ethical business behavior does not mean that no harm is done to anyone. Rather, ethical business behavior entails being aware of the possible consequences of the firm’s actions before they take place, making reasoned moral judgments about those consequences, and choosing the actions that are the most “right” or do the least harm. Chapter 8 will Business and Society Chapter Notes investigate some of the criteria used to decide “right” from “wrong,” but this chapter provides a series of important ethics questions, including “what is?” “what ought to be?” “how do we get from what is to what ought to be?” and “what is our motivation?” Contemplating theses questions will help managers make decisions that encourage ethical behavior, especially the normative question of “what ought to be?” Students should come up with a wide variety of examples that demonstrate the difficulties of making moral judgments. Instructors may want to provide personal examples of situations that they have observed where students have struggled with making moral decisions. Further, sharing relevant personal experiences often increases instructor credibility in the classroom; consequently, when appropriate, instructors may want to discuss their own ethical dilemmas with the class. 2. Immoral management entails knowingly deciding to engage in “wrong” actions, often ones that harm others in some way. Moral management, on the other hand, consists of making moral judgments to do the “right” thing. Immoral management often concentrates on measures of profitability to the exclusion of other criteria, while moral management incorporates profit as one of several criteria in making a decision. Finally, amoral management views managers’ actions as having no moral consequence—that business operations are somehow outside the boundaries of morality. Examples of immoral management include Enron’s use of special purpose entities to hide corporate debt and the waiver of the code of conduct provisions by Enron’s board which permitted Andy Fastow to serve as the CFO of Enron and the General Partner of certain special purpose entities that were doing business with Enron. Bernie Madoff’s use of a sophisticated Ponzi scheme to defraud investors of over $50 billion is another example of immoral management. Examples of amoral management might include a police department that puts height and weight restrictions in place for police officers. While the department may believe that it has a legitimate reason to use height and weight requirements and does not intend to discriminate in its employment practices, it may fail to recognize the inherent ethical issues with this practice. The management at Starbucks could be considered moral management. The company pursues economic goals, while striving to operate within the confines of the law and focusing on activities that will improve the well-being of its employees, suppliers and the community in general. Shepard, Shepard, Wimbush and Stephens (1995) wrote an article entitled “The Place of Ethics in Business: Shifting Paradigms,” in which they argue that business operates in a paradigm of amorality. I would agree that amoral management is a serious problem in business operations. Business has a great deal of power over individuals’ lives, and if that power is wielded without consideration of its effects, the likelihood that people will be harmed is greatly enhanced. Furthermore, it is easier for management to say that ethics has no place in business; hence the saying “It’s not personal, it’s just business.” If management is free to make decisions based on purely economic motivations, then they can avoid the difficult decisions that they may face as a result of legal and ethical issues. 3. Level 1, the preconventional level, focuses on self gratification, and can be seen in virtually any infant or young child. Unfortunately, adults often display characteristics of the preconventional level as well. An example of Level 1 would be when a child takes a Business and Society Chapter Notes certain course of action to avoid a parental punishment (such as “time out”) or to seek a parental reward (such as permission to do something the child wants to do). The conventional level is characterized by awareness of and concern for others. The locus of analysis of consideration of others widens as a person develops morally, from friends and family to society. An example of Level 2 would be not cutting line in a public place. While cutting line is not illegal, individuals recognize that cutting line is socially unacceptable and their awareness and concern for others usually discourages such actions. In the postconventional level, concern for humankind as a whole is manifest, and decisions about right and wrong are based on universal ethical principles rather than societal norms. An example of this level may be individuals who sacrifice a certain percentage of their personal income for charitable causes. Reasoning that the money can be used for the betterment of humankind, individuals may use their resources to support these objectives rather than for their personal gratification. 4. Figure 7-14 is basically a recasting of Kohlberg’s three levels of moral development. I personally agree that most people are morally motivated by the “negative” aspect of avoiding punishment, while conceding that many people seek the more “positive” aspect of doing the right thing or acting constructively toward others. Very few people reach the postconventional level, as evidenced by the honor accorded to people such as Mother Teresa or Desmond TuTu. 5. The six elements of moral judgment include moral imagination, moral identification and ordering, moral evaluation, tolerance of moral disagreement and ambiguity, integration of managerial and moral competence, and a sense of moral obligation. The instructor may want to relate these six elements to Rest’s Four Component Model. Moral sensitivity is equivalent to moral imagination; moral judgment is the same as moral evaluation; moral motivation is similar to moral identification and ordering; and moral character is analogous to a sense of moral obligation. Students will have a variety of stories to tell in response to this question. GROUP ACTIVITY Have students review the following Venn Diagram Model (this exercise and diagram are an extension of Figure 7-6 in the book and are based on the following article: Mark S. Schwartz and Archie B. Carroll, “Corporate Social Responsibility: A Three-Domain Approach,” Business Ethics Quarterly (Vol. 13, Issue 4, October 2003), 503–530, the Venn Diagram Model). Business and Society Economic/Ethical/Legal Chapter Notes Purely Ethical MORAL MANAGEMENT Legal/Ethical Purely Legal Economic/Legal Economic/Ethical Purely Economic IMMORAL AND/OR AMORAL MANAGEMENT AMORAL MANAGEMENT Divide students into groups of four to five students and ask them to (1) identify the following activities as moral, immoral or amoral and (2) categorize the activities as ethical, economic and/or legal as appropriate: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) Enron’s actions of deceiving shareholders by shifting debts from their balance sheet Arthur Andersen’s ordering the shredding of documents related to their transactions with Enron Height and weight requirements for a police force candidate Tobacco company warnings on labels Chic-Fil-A’s policy of being closed on Sunday The creation of a website where users can download music for free by sharing files with other users Provision of HIV/AIDS drugs below cost in 3rd world countries Installation of an anti-pollution device Smith and Wesson’s addition of safety features to its handguns Ben & Jerry’s distribution of free ice cream in a community Prostitution in the state of Nevada Moving a company overseas because another country has weaker environmental or employment laws Pulling a product from a shelf when it is discovered that there is a product defect Specifically, students should recognize which responsibilities are being pursued by management in each activity and the management style implicated by the pursuit of certain responsibilities. After each group has had time to make its determination, the instructor may want to survey all the groups to determine the assessments made by each group. Differences in categorization among the groups should be discussed by the entire class. Business and Society Chapter Notes INDIVIDUAL ASSIGNMENT Distribute the following instructions to each student: Describe an ethical dilemma that you faced in the workplace and the course of action that you took. Analyze whether your decision was economically, legally and ethically responsible and defend your response. If you determine that your course of action did not meet all three responsibilities, evaluate whether any alternative course(s) of action would have done so. Finally, ascertain whether you would choose the same course of action again or if you would act differently; explain your response.