There are a
number of traditional approaches to the subject of ethics: philosophical,
theological, psychological, and legal. I would like to approach
this topic from a simple, pragmatic proposition: business ethics
is good for business. This proposition is true regardless of the
company's size, location, diversity, product or service provided.
Is
it a good deal for a business to incorporate?
Any number of studies has shown that a corporation with a record
of long-term success and adaptation to changing circumstances
needs a vision of who it is and what its values are. You will
notice that I am speaking of a corporation as though it were a
living entity. This is not merely a literary device. A company
that is incorporated has become a body of its own, with its own
identity, property, profits and liabilities. Its liabilities are
limited to itself, and the personal assets of its owners and employees
cannot be attached to make up its losses.
That is a
good deal, but like many good deals, it comes with a major reservation.
A series of court rulings and government regulations have reasoned
that this separate entity must accept responsibility for the actions
of all of the individuals who make the corporation function, and
also for the integrity of the products and services it provides.
"Let the buyer beware (caveat emptor)" is no longer
the rule of the marketplace, and "I did not know what my
employees were doing" is no longer an acceptable excuse for
CEOs. Violations of acceptable practice standards frequently result
in fines and lawsuits averaging $11 million.
Why does
a company exist?
Let's go back to visions and values. If I were to ask the average
businessman why his company exists, he would look at me as though
I were a somewhat dull child and tell me that business exists
and people work to make money; the more the better. This sort
of bottom-line thinking is probably the single greatest contributor
to the ethical problems facing the American economy today. If
the primary purpose of business is profit, then the slogan "greed
is good" makes perfect sense. If greed is good, then the
ultimate goal of business practice is not ethical behavior, but
not being detected while being unethical. If the numerical bottom-line
is the ultimate reality, then workers are to be hired and laid-off
solely on the basis of the impact of labor on the quarterly report,
rather than on the basis of long-term planning, quality, experience,
and future availability. It is then utterly justified that 70%
of American workers report feeling no sense of connection or loyalty
to their employers, and little sense of pride or fulfillment in
their work. The impact of these feelings on their productivity
and reliability should be obvious.
Are workers
of today ethical?
With all of this, the good news is even more remarkable. In numerous
studies, over 80% of American workers affirm their desire to be
ethical in their work practices, to be seen and to see themselves
as responsible, trustworthy, honest, and capable. They are concerned
about whether their superiors and investors share these values,
whether they will be rewarded or punished for being ethical. In
an increasingly complex national and international economy, they
are not always sure of what constitutes acceptable behavior, and
they are afraid that they will be seen as incompetent if they
ask questions. We may want people to behave properly, but they
will not know this if we do not formulate and teach acceptable
standards; consistently rewarding good behavior and punishing
immoral activity. We cannot monitor each worker every moment of
the day, but we can help them internalize a set of guidelines
that will assist them in making good decisions.
With
all of the contradictions of modern life, we are living in a society
that is increasingly intolerant of business infractions and increasingly
willing to force corporations to prove their virtue. Regulators,
whistle-blowers, and prosecutors are modern heroes, and executives
are increasingly subjected to ridicule, suspicion, and punishment
long before, and whether or not, they are ever proven guilty.
Does it
pay for a company to perform ethically?
Any company that signs a contract with the federal government,
and all of its sub-contractors, must show that they have a comprehensive
program of ethical compliance and ethics initiatives. There are
now over 1,200 ethics officers working full-time for American
corporations, in addition to numerous part-time consultants. The
seriousness of this effort is demonstrated by one sentence from
the Federal Sentencing Guidelines:
"The potential fine range for a criminal
conviction can be significantly reduced - in some cases up to
95 percent - if an organization can demonstrate that it had put
in place an effective compliance and ethics program and that the
criminal violation represented an aberration within an otherwise
law-abiding community."
Clearly, any
approach to business ethics that is going to call itself pragmatic
must contain a practical and achievable program for attaining
ethical goals. That is the subject of my next article.
Eliot
Marrus is president of Corporate Ethics Initiatives and has worked
with corporations and professional firms in a broad range of business
fields to analyze, create, and implement ethics programs to meet
their individual needs and goals. He can be reached via
email. His phone is 513-891-0243.