Ethical Delemma in Business
Ethical Delemma in Business
Respect for laws: Ethical leadership should include enforcing all local,
state, and federal laws. If there is a legal grey area, leaders should err on
the side of legality rather than exploiting a gap.
Corporate social responsibility (CSR) is the concept of meeting the needs of stakeholders while
accounting for the impact meeting those needs has on employees, the environment, society, and
the community in which the business operates. Of course, finances and profits are important, but
they should be secondary to the welfare of society, customers, and employees—because studies
have concluded that corporate governance and ethical practices increase financial performance.1
Businesses should hold themselves accountable and responsible for their environmental,
philanthropic, ethical, and economic impacts.
Transparency and Trustworthiness
It's essential for companies to ensure they are reporting their financial performance in a way that
is transparent. This not only applies to required financial reports but all reports in general. For
example, many corporations publish annual reports to their shareholders.
Most of these reports outline not only the submitted reports to regulators, but how and why
decisions were made, if goals were met, and factors that influenced performance. CEOs write
summaries of the company's annual performance and give their outlooks.
Press releases are another way companies can be transparent. Events important to investors and
customers should be published, regardless of whether it is good or bad news.
The growing use of technology of all forms in business operations inherently comes with a need
for a business to ensure the technology and information it gathers is being used ethically.
Additionally, it should ensure that the technology is secured to the utmost of its ability,
especially as many businesses store customer information and collect data that those with
nefarious intentions can use.
Fairness
A workplace should be inclusive, diverse, and fair for all employees regardless of race, religion,
beliefs, age, or identity. A fair work environment is where everyone can grow, be promoted, and
become successful in their own way.
Having to decide whether to keep a contract with a supplier whose own ethical
misconduct has been exposed.
Having the opportunity to increase profits by working with suppliers that do not pay
workers a living wage.
Weigh the pros and cons of what's at risk in the scenario to help you
determine what steps to take. For example, if your colleague clocks out
early every day, one might consider that theft of company time. If your
coworker routinely meets goals and completes their work, someone else
might not see the situation as an ethical concern. Before bringing the
matter to someone's attention, find clarity on the issue by assessing the
risk. If you ultimately find the risk is high, consider taking appropriate
action.
There may be times when you sense something isn't right at work and it's
often worth exploring rather than ignoring. This can help protect both
your company and yourself if there is unethical activity happening.
Trusting your instincts might also mean you first confirm or investigate
your suspicions before taking other actions. For example, you might
become more observant of a colleague you think is manipulating the
time clock before confronting them or going to a supervisor.
Consider discussing the ethical dilemma with the person directly to help
manage the situation. You can gain perspective, ask clarifying questions
and attempt to influence your colleague to make a more ethical decision.
They might appreciate your directness and correct their actions.
Managerial pressure
Ignorance
Personal ambitions
Discrimination
Unethical Accounting
Hiring experts
Tracking cash flow to the penny
Keeping your personal expenses separate from your business expenses
Choosing the cash or accrual accounting method and sticking with it
Mastering key financing statements, including your balance sheet, income
statement, and cash flow statement
Nondisclosure Agreements
In a perfect world, business owners wouldn’t have to concern themselves with either
their current or former employees stealing their company’s critical data. Sadly, the
world is far from perfect in this context, forcing business owners and managers to
concern themselves with their employees as much as they worry about hackers
accessing proprietary information.
As disappointing as it might be to have to update your cybersecurity to guard
information against your staff members, doing so can protect your employees from
their own temptation. Similarly, having workers who have access to critical data sign
nondisclosure agreements can cause them to pause if they’re even thinking about
stealing data and sharing it with your competitors.
A typical NDA includes financial penalties that are actionable and enforceable in the
event an employee steals information. Those penalties normally combine into a
weighty deterrent for unethical behaviors that put a company’s data at risk.
Discrimination
Today more than ever, businesses need to prioritize diversity, equity, and inclusion. A
diverse workforce increases the attractiveness of your company among job seekers,
particularly younger prospects who tend to consider diversity when they’re
contemplating offers of employment.
Although it’s important to incorporate DEI initiatives into your workplace culture,
hiring people with different backgrounds and lifestyles can lead to some employees
being discriminated against. Whether it’s explicit or unconscious bias, there should be
no room for discrimination of any sort in your workplace.
The Equal Employment Opportunity Commission (EEOC) has identified several
factors that employers cannot use to discriminate against job candidates and
employees, which include
According to the EEOC, it’s also illegal to base employment decisions on whether an
employee complained about discrimination or filed a charge about being
discriminated against. The EEOC claims that retaliating against whistleblowers
because they participated in a discrimination investigation or a legal case is illegal as
well.
Too many business owners and managers don’t realize it, but it’s illegal for them to
publish job advertisements that exhibit a preference for certain types of workers. It’s
also illegal to promote job listings that discourage talent from select groups from
applying for an open position.
For example, a job posting that solicits applications from people who can stand for
eight hours straight may discourage people with physical disabilities from applying.
An advertisement encouraging recent graduates to apply may be attractive to younger
workers but off-putting to talent above 40 years old.
To protect your business from claims of discrimination, adopt DEI initiatives in your
workplace and weave them into your office culture. Make sure your job listings will
pique interest among talent with diverse backgrounds. Train your hiring managers so
implicit and explicit bias can be eliminated from your hiring process. Treat everyone
on your payroll fairly and equally and take any charge of discrimination seriously.
Harassment
One of the most serious ethical violations you may have to overcome is harassment.
Often associated with discrimination, harassment refers to different kinds of aberrant
behaviors, such as teasing, bullying, and sexual harassment or abuse.
Data published by the Equal Employment Opportunity Commission shows that sexual
harassment claims have accounted for a growing number of overall harassment
charges in recent years. Between FY 2018 and FY 2021, sexual harassment claims
accounted for 9.8 percent of all charges under all statutes received by the EEOC, up
from a 7.7 percent increase between FY 2014 and FY 2017.
Even though 98 percent of organizations operating in the United States have a sexual
harassment policy, too many workers are still experiencing problems. A whopping 68
percent of the LGBTQAI population experience harassment on the clock. Of the
people who experience harassment, 79 percent of men and 63 percent of women
won’t file a complaint. A disturbing 55 percent of victims fear they’ll suffer retaliation
if they file a complaint or speak about their experiences.
Although the majority of organizations in the U.S. have a sexual harassment policy,
just three out of every ten employees feel as if their employers take sexual harassment
seriously. Providing regular training to all your employees, including your managers
and team leads, will demonstrate how seriously you take harassment. Creating or
updating your harassment policy and enforcing it will do the same.
Like discrimination, charges of harassment need to be taken seriously and handled
with the utmost respect. Every complaint should be fully investigated by an unbiased
third party. If a complaint is proven to be true, disciplinary action should be taken.
You should put measures in place to protect whistleblowers who come forward so that
future victims and observers of harassment won’t hesitate to come forward.
Social Media Posts
Statista reports that 4.26 billion people across the globe were using social media in
2021, a number expected to rise to nearly six billion users by 2027. Research
conducted by Global WebIndex shows that 59 percent of the world’s population was
using social sites as of July 2022, with the average daily user spending two hours and
29 minutes on social platforms daily.
With so many people using social media and spending a considerable amount of time
on those sites on a daily basis, the platforms themselves and your employees’
activities on them may combine to be one of the ethical dilemmas you’ll need to
tackle head-on. In other words, you may need to consult with human resources to
determine whether your employees can use their personal social pages at work and if
their posts might be cause for disciplinary action, which may include termination.
If you talk to the professionals in your HR department, you’ll learn that most states
are considered at-will territories when it comes to employment. That means workers
can quit at any time and employers can terminate working relationships with their
employees for any reason that’s legal.
Many organizations ban the use of personal social media accounts while employees
are on the clock. Employers that have this type of policy in place can discipline or
terminate workers who use their social accounts during work hours regardless of what
they post online when they’re at work.
As things relate to the material employees share online, determining what is and isn’t
ethical behavior is a bit harder to discern. The National Labor Relations Board
declared that workers cannot be terminated for their protected concerted activity
online. That means employees can’t be fired for criticizing their employers for things
like poor work conditions, employment policies, and decision-making when they’re
discussing those topics with their co-workers.
Regardless of whether they belong to a union or work in a union state, employees
have the right to join together to attempt to improve their work environment and the
conditions in which they work. If those workers are simply bashing their employers
on social sites without any obvious attempt to discuss the upsetting issues, their
conduct isn’t ethical, protected activity. Instead, their social posts may be grounds for
termination.
Whistleblowers who reveal that their companies are engaged in illegal activities on
social platforms are protected from disciplinary action and termination. They’re also
protected by anti-retaliation statutes, something human resources should remind
managers and team leads about to guard against potential litigation filed by a
whistleblower who might otherwise be wronged.
In addition to workers who bad-mouth their employers without attempting to right
their companies’ wrongs, employees who share trade secrets or sensitive client data
on social sites are subject to termination. Content that reflects negatively on an
employee may also lead to disciplinary action. If workers share content that represents
their company in a negative light, such as lewd or drunken photos or pictures of illegal
acts, they may end up having to seek employment elsewhere.
Political viewpoints shared on social sites can make things difficult for an ethical
business that wants to protect its reputation. The laws that govern businesses’ rights to
terminate employees for the political statements they make online vary from state to
state. Some states may protect workers from disciplinary action if they express their
political views during their personal time. Others may not protect them regardless of
whether they post them on or off the clock.
Given the uncertainty about what you can and cannot do when someone’s published
political views don’t align with your organization’s opinions, it’s wise to have a sit
down with the experts in your HR department. By doing so, you can create a
documented policy about potential repercussions for workers who share their political
views online.
Nepotism
Collins Dictionary defines nepotism as “the unfair use of power in order to get jobs or
other benefits for your family or friends.” Favoritism that’s based on personal
connections isn’t always unethical behavior as long as employment offers,
promotions, and benefits are given in accordance with pre-set rules and requirements.
Nepotism can present ethical issues when people receive preferential treatment for no
apparent reason or others perceive it as unfair, however.
To prevent favoritism from becoming a problem for your organization, you must
establish hiring policies and procedures that evaluate candidates on their credentials,
skills, and experience, not their personal relationships with people affiliated with your
company. You should also document the criteria necessary for employees to earn
promotions and benefits that are independent of the connections they may have with
senior executives or others in positions of power.
Product Quality
When supply chain issues were at their worst, Brit went to a local restaurant in
Washington, D.C., to catch the big game. Without even having to look at the menu,
Brit ordered his usual 12 wings smothered in hot sauce and a cold, frosty craft beer.
Being a regular, Brit was happy when his drink arrived but shocked when his food
made it to the bar top.
Instead of the wings he’d looked forward to all day, Brit was served a dozen chicken
legs. Noticing Brit’s reaction to his fare, the bartender quickly explained that the
watering hole’s vendor couldn’t get its hands on wings due to supply chain issues.
Brit said he’d wished he’d known that ahead of time, paid for his uneaten food and
barely touched drink, and walked out of his formerly favorite eatery for the last time.
The lesson here is that customers expect and deserve what they pay for. While it
might be tempting to save money by compromising on the quality of your goods or
services, it’s widely viewed as unethical behavior, among customers at least. With
internet connections available just about everywhere, comments and videos of your
poor product or service quality can easily go viral. Is saving a few cents per unit really
worth harming your company’s hard-earned reputation?
Once conduct is defined and programs implemented, continuous communication with employees
becomes vital. Leaders should constantly encourage employees to report concern behavior—
additionally, there should be assurances that if whistle-blowers will not face adversarial actions.
A pipeline for anonymous reporting can help businesses identify questionable practices and
reassure employees that they will not face any consequences for reporting an issue.
Published by the Ethics & Compliance Initiative (ECI), the Global Business Ethics Survey of
2021 surveyed over 14,000 employees in 10 countries about different types of misconduct they
observed in the workplace. 49% of the employees surveyed said they had observed misconduct
and 22% said they had observed behavior they would categorize as abusive. 86% of employees
said they reported the misconduct they observed. When questioned if they had experienced
retaliation for reporting, 79% said they had been retaliated against.23
Indeed, fear of retaliation is one of the primary reasons employees cite for not reporting unethical
behavior in the workplace. ECI says companies should work toward improving their corporate
culture by reinforcing the idea that reporting suspected misconduct is beneficial to the company.
Additionally, they should acknowledge and reward the employee's courage in making the report.
For a restaurant, sourcing food only from farms and suppliers that humanely
raise animals.
For a financial advisor, discussing in-depth with clients the companies
represented in funds so they can choose funds with industries and companies
they want to own.
For a jewelry maker, choosing to use only lab-grown diamonds in designs.
For a pest control company, using only organic compounds for pest control.
For a small construction company, always complying with OSHA guidelines.
These dilemmas have been part of the human experience since the dawn of
creation. They are prevalent today and guaranteed to drive people crazy in the
future. As business leaders we're sure to face them, so what can we do?
1. Solve ethical dilemmas by adopting "and."
Peak performers recognize collisions of "rights" and move the group away
from making each other wrong and towards resolving the dilemma. To do
this, invite the group to design a solution that embodies the magic of "and."
The narrative then becomes:
Good for the unit AND good for the whole.
Good for the long term AND good for the short term.
Truth AND loyalty.
Justice AND mercy.
When leaders can get the group to use this powerful orientation, they will
most likely resolve the dilemma.
2. Think about outcomes.
If you find yourself in a situation when this approach doesn't work, you can
resolve a right versus right dilemma by finding the highest "right." Kidder
wrote that there are three ways to make the best choice when faced with these
types of dilemmas:
Ends-based: Select the option that generates the most good for the
most people.
Rule-based: Choose as if you're creating a universal standard.
Follow the standard that you want others to follow.
Care-based: Choose as if you were the one most affected by your
decision.
Once you've identified an ethical right versus right dilemma, lay out your
options according to these three principles. One approach will immediately
present itself as the "most right."
3. Keep the group committed to the decision.
No matter what decision-making approach makes the most sense for a given
situation, it's important to keep the group committed to the decision. To do
this, adopt a working definition of consensus as the group tries to resolve
these dilemmas. Instead of using the traditional definition of consensus where
everybody is expected to agree with everything, switch it up to use the
following definition:
Was the process to make the decision deemed rational and fair to
all involved?
Was each person involved in the discussion treated well and
listened to?
Assuming the group is satisfied with No. 1 and No. 2, can they
live with and commit to the outcome? (Notice it does not
say agree with the outcome.)
Listen carefully when people unknowingly argue about right versus right.
Often it's not apparent to the people involved. Point it out and they will begin
to think about these situations differently. And make sure they are using the
working definition of consensus when forging their agreements.
Using these skills, you will become intensely important to the vitality of the
company -- you keep the group moving forward in spite of their inevitable
encounter with ethical dilemmas.
One team member does most of the work while the others contribute a few
ideas. Then, when it comes time to present the project, you receive all the credit
even though you didn’t do most of the work. This is an ethical dilemma because
you are not being truthful about your involvement in the project.
On the one hand, you may feel like you deserve the credit because you were the
one who presented the project. But, on the other hand, you know that taking
credit for someone else’s work is wrong, and it goes against your ethical
standards.
If you feel that you are being harassed or mistreated at work, the first step is to
report the behavior to your supervisor or HR department. Once a formal
complaint has been filed, an investigation will be launched.
In some cases, the victim of such behavior may also pursue legal action.
Remember, if you are being harassed or mistreated at work, you are not alone—
some people can help you through this challenging situation.
When everyone takes something without paying for it, it does add up against
company profits. This can lead to falling profits, which affects everyone in the
company, even future raises, bonuses, or layoffs.
Therefore, it is always ethical to pay for office supplies you take from work,
regardless of how small the item may be.
However, there are some instances where company policy may conflict with
personal beliefs. Not only does it prevent them from accessing the product or
service they need, but it also sends a message of intolerance and hate.
In these cases, it is often difficult to know the ethical choice, but good
employees will always try to do what they believe is right, even if it means
sacrificing their interests.
It’s essential to find a company that shares your ethical values, as this will create
a more positive and productive work environment. In the long run, leaving an
unethical company can benefit your career and peace of mind.
FAQ
What are some real-life examples of ethical dilemmas?
Here are some real-life examples of ethical dilemmas:
• Should you tell your friend if you know they are cheating on their significant
other?
• Is it ethically wrong to lie to protect someone’s feelings?
• If you witness a crime, is it your ethical duty to report it to the authorities?