Ethical Problem-Solving Techniques

This chapter focuses on ethical problem-solving methods applicable to hypothetical and real-world cases.
It explores the use of flow charting in solving ethical problems.
It defines bribery and how to avoid it.

Introduction

In the early 1990s, studies suggested a link between living near electrical-power distribution systems and an increased risk of cancer due to weak, low-frequency magnetic fields.
Similar risks were associated with household items like electric blankets and clock radios.
This led to public concern, prompting studies and efforts to reduce these fields.
Engineers often encounter scenarios with health or safety risks.
The chapter aims to develop analysis and problem-solving strategies for ethical decision-making in engineering.

Ethical Problem Analysis and Resolution

Ethical problems require analysis and resolution, not just formulas.
Some problems are easily solved, but many are ambiguous and involve conflicting moral principles.
The chapter examines methods for analyzing and applying problem-solving techniques to ethical problems.

Analysis of Issues in Ethical Problems

The first step in solving any ethical problem is to fully understand all the issues involved.
Issues can be split into three categories: factual, conceptual, and moral.
Understanding these issues helps to properly frame the problem and find a solution.

Types of Issues in Ethical Problem Solving

Factual Issues: Involve what is actually known about a case; the facts.
Facts may not always be clear and can be controversial.
Example: Controversy over when life begins in the abortion rights debate.
Roe v. Wade shows disagreement even among Supreme Court justices on this "fact."
In engineering, controversies also exist over facts.
- Example: Global warming and the need to curtail greenhouse gas emissions.
- The global warming process is not fully understood, making the engineer’s role unclear.
- If the effects of greenhouse gases were known, the engineer’s responsibility would be clearer.
Conceptual issues: Concern the meaning or applicability of an idea.
In engineering ethics, this could involve defining a bribe versus an acceptable gift or determining proprietary business information.
Example: Determining if sports tickets from a potential supplier are a bribe or a gesture of friendship.
Conceptual issues are often controversial.
Moral issues: Determining which moral principle applies to the situation.
Often, once the factual and conceptual issues are resolved, the moral issue and correct decision become obvious.
Example: Determining if a "gift" is a bribe; if it's a bribe, it cannot ethically be accepted.

Resolving Controversies

Factual issues can often be resolved through research to establish the truth.
Achieving universal agreement isn't always possible, but research clarifies and increases agreement.
Conceptual issues are resolved by agreeing on the meaning and applicability of terms.
Complete agreement isn't always possible, but analysis clarifies issues and facilitates agreement.
Moral issues are resolved by agreement on pertinent moral principles and their application.
Deeper analysis of issues and agreement on moral principles often makes the resolution clear.

Application to a Case Study: Paradyne Computers

In 1980, Paradyne bid to supply the Social Security Administration (SSA) with computer systems.
Factual issues:
- The request was for existing systems; Paradyne had no such system.
- The operating system on the product proposed to sell to the SSA was never tested.
- A former SSA worker was employed by Paradyne to lobby SSA for the contract.
Conceptual issues:
- Is bidding to provide an off-the-shelf product when the product is only in the planning stages lying or acceptable business practice?
- Is placing a Paradyne label over the real manufacturer’s label deceptive?
- Does lobbying your former employer constitute a conflict of interest?
Paradyne claimed to have done nothing wrong, asserting it was common business practice.
Conflict of interest issues are so hard to decide, laws have been enacted restricting lobbying by former government employees.
Moral issues:
- Is lying an acceptable business practice?
- Is it acceptable to be deceptive to get a contract?
Lying and deceit are unacceptable in business and personal life.
If Paradyne’s practices were deceptive, their actions were unethical.

Line Drawing

Useful when moral principles are clear, but their application seems gray.
A line is drawn with examples and hypothetical situations placed along it.
One end is the "positive paradigm" (morally acceptable) and the other is the "negative paradigm" (morally unacceptable).
The problem under consideration and similar examples are placed in between.
Examples closer to the positive paradigm are placed near it, and vice versa.
By examining the continuum and placing the moral problem appropriately, it's possible to determine acceptability.

Hypothetical Situation: Toxic Waste Disposal

A company wants to dispose of slightly toxic waste by dumping it into a local lake used for drinking water.
Problem: Waste concentration will be 5 parts per million (ppm), the EPA limit is 10 ppm, and no health problems are expected.
Positive paradigm: The water supply should be clean and safe.
Negative paradigm: Toxic levels of waste are put into the lake.

Examples for Consideration

The chemical is harmless at 5 ppm, but the town’s water will have an unusual taste.
The chemical can be effectively removed by the town’s existing water-treatment system.
The chemical can be removed by the town with new equipment purchased by the company.
The chemical can be removed by the town with new equipment paid for by the taxpayer.
Occasionally, exposure to the chemical can make people feel ill for an hour.
At 5 ppm, some people can get fairly sick for a week, with no long-term harm.
Equipment can be installed at the plant to reduce the waste level to 1 ppm.

Additional information may be needed, such as seasonal variations in waste concentration and water usage.
Potential interactions of the chemical with other pollutants should be considered.
Placement of examples along the line is somewhat subjective.
If the waste level is well below the potential to cause harm dumping the toxic waste is probably a morally acceptable choice,
since no humans will be harmed and the waste levels will be well below those that could cause any harm.
It should be noted that although this action seems ethically acceptable, there are many other considerations that might be factored into the fi nal decision. For example, there are political aspects that should also be considered. Many people in the community are likely to regard the dumping of a toxin at any level as unacceptable. Good community relations might dictate that another solution should be pursued instead. The company also might want to avoid the lengthy amount of time required to obtain a permit for the dumping and the oversight by various government agencies. This example illustrates that line drawing can help solve the ethical aspects of a problem, but a choice that appears morally acceptable still might not be the best choice when politics and community relations are considered as well. Of course, the immoral choice is never the correct choice.

Pitfalls in Using Line Drawing

Line drawing can be used to justify wrong actions if not used properly.
The method is effective only if used objectively and honestly.
False conclusions can be reached by:
- Using incorrect paradigms
- Dishonest placement of examples along the line
- Dishonest placement of the problem within the examples
Historically, this technique was misused and known as “casuistry,” which now has a negative connotation.
Line drawing is a powerful tool only if properly applied.

Application of Line Drawing to the Pentium Chip Case

In 1994–95, flaws were discovered in the Intel Pentium chip.
Intel initially tried to hide the information but later offered corrected chips.
Positive paradigm: Products should perform as advertised.
Negative paradigm: Knowingly sell defective products that negatively affect customers’ applications.

Examples:

There is a flaw in the chip, but it truly is undetectable and won’t affect any customer’s applications.
There are flaws in the chip, the customer is informed of them, but no help is offered.
A warning label says that the chip should not be used for certain applications.
Recall notices are sent out, and all flawed chips are replaced.
Replacement chips are offered only if the customer notices the problem.

The initial approach taken by Intel was not the ethically best choice.

Flow Charting

Flow charts are used in developing computer programs and describing business processes.
In engineering ethics, they help analyze cases with a sequence of events or consequences flowing from decisions.
Flow charts provide a visual picture of a situation and its consequences.
Different flow charts can emphasize different aspects of the same problem.
Objectivity and honesty are essential for effective flow charting.

Examples:

Application of a simple flow chart to the Bhopal disaster at Union Carbide’s plant in India.
- MIC (a toxic substance) was mixed with water, creating toxic fumes.
- A sample flow chart deals with the decision-making process for building a plant at Bhopal.
- The chart emphasizes safety issues for the surrounding community.
- The flow chart helps to visualize the consequences of each decision and indicates ethical and unethical choices.
Another flow chart deals with decisions during the maintenance of the flare tower at the Bhopal plant.
- It considers whether the MIC tank was filled, whether other safety systems were operating, and whether the remaining safety systems were sufficient.
- Using such a flow chart, it's possible to decide whether the flare tower can be taken off-line for maintenance.
The key to effective use of flow charts is to be creative in determining possible outcomes and scenarios.

Conflict Problems

These problems present a choice between two conflicting moral values, each of which seems correct.
Conflict problems can be solved in three ways:
- One choice is more significant than the other (e.g., public health and safety vs. duty to employer).
- The “creative middle way” seeks a compromise that works for everyone.
  - It takes creativity and diplomacy to find and sell a middle ground.
  - Example: Instead of dumping toxic waste, redesign the production process or pretreat the waste.
- Make the hard choice when there is no easy choice and compromise fails.
  - Rely on “gut feelings”.

Illustration: The Challenger Explosion

The dilemma faced by engineering manager Bob Lund:
- Unknown probability of shuttle explosion.
- Responsibility to his company and workers.
- Consequences of postponing the launch: loss of future contracts, jobs, and potential bankruptcy.
The easy choice for many is to not launch, given the risk to the astronauts' lives.
A middle ground might involve delaying the launch until later in the day when the temperature is warmer.
Astronauts could be informed of the engineer’s concerns and allowed to make the choice.
The hard choice that Lund made was to risk the launch, perhaps because the data was ambiguous.
The shuttle exploded, causing the deaths of the astronauts, delays in the shuttle program, and business difficulties for Thiokol.

An Application of Problem-Solving Methods: Bribery/Acceptance of Gifts

A gray area of engineering ethics is accepting gifts from vendors or offering gifts to customers to secure business.
Difficulty arises from the potential for gifts to become bribes.
Engineers may deal with vendors or act as vendors themselves.
The section defines bribery and explores how to use problem-solving techniques to decide when a gift is a bribe.
Bribery is illegal worldwide and is not a legitimate business practice.
Bribery is illegal in the United States, even overseas, regardless of local customs.

When is a Gift a Bribe?

Boundaries between legitimate gifts and bribes can be subtle.
Gifts of nominal value (e.g., coffee mugs, calendars) are advertising tools and generally acceptable.
Dining with a customer or supplier is acceptable, especially if everyone pays their own way.
Good relations are important, and social interaction facilitates close interactions.
When meals or gifts are of high cost and not shared equally, the potential for abuse is large.
A bribe is something offered or given to someone in a position of trust to induce dishonesty or influence.

Ethical Reasons for Not Tolerating Bribery

Bribery corrupts the free-market economic system and is anti-competitive.
- It doesn’t reward the most efficient producer.
Bribery is a sellout to the rich.
- It corrupts justice and public policy, allowing the rich to make the rules.
Bribery treats people as commodities to be bought and sold.
- This is degrading to human beings and corrupts both buyer and seller.

Examples of Gifts vs. Bribes

During a sales visit, a sales representative offers you a coffee mug ($5) with his company’s name and logo.
- Can you accept this item?
- Does the answer change if it's a $350 crystal bowl, with or without the company's name?
Your meeting with a sales representative runs into lunch, and she invites you to lunch.
- Is it acceptable if you go to a fast-food restaurant and pay for your own lunch?
- Does the answer change if you go to an expensive French restaurant? If she pays?
A sales representative asks if you want to play tennis with him.
- Is it ok at a local municipal court? At an exclusive club? If he pays the guest fee?
A sales representative invites you to a one-day sales seminar in Cleveland, paid for by your company.
- Should you attend? What if it’s in Maui? What if the sales representative’s company is paying? What if your family is invited?
Do answers change if the gift is offered before or after you purchase from the company?
Gifts accepted after purchase may still be bribes for future sales.
The expectation of gifts may affect future decisions.
Employees might expect gifts and be tempted to order from that supplier.
Smaller companies that can’t afford gifts might be shut out.
Costs might increase if everyone expects gifts.
Bribery is pernicious, and even the appearance of bribery should be avoided.

Problem Solving

Bribery can be analyzed by looking at factual, conceptual, and moral issues.
Facts are usually obvious.
Conceptual issues involve determining if the gift is of sufficient value to influence a decision.
With a clear concept of whether or not the gift is a bribe, the moral issue is often clear.
Line drawing and flow charting can be used to visualize differences and consequences.

Avoiding Bribery Problems

Look at company policy.
- Large corporations often have clear rules.
- Some companies forbid accepting anything from a vendor.
- Any deviation requires approval.
In the absence of strict guidelines, seek preapproval from management.
The “New York Times Test”: Could your actions withstand scrutiny from a newspaper reporter?
- If you can’t easily defend your action, you probably shouldn’t do it.

Application Cases

Cellular Phones and Cancer

Concerns about potential adverse health effects of cell phones began in 1992.
Lawsuits claimed that cell phone use caused brain cancer.
Problems: Cell phones place a source of electromagnetic radiation close to the brain.
Studies on the biological effects of rf energy have been performed since the 1940s.
Epidemiological studies: Retrospective looks at people who have used cell phones.
These studies try to correlate levels of exposure to rf radiation with subsequent health effects, especially cancers.
- Problems due to self-reporting of cell phone use.
- Difficulty in knowing power levels each individual has been exposed to + brain cancers
Studies on laboratory animals have not indicated a significant increase in health problems.
Studies of the effects of rf radiation on laboratory tissue and cell cultures are controversial.
Theoretical studies have examined how rf energy might be deposited into a human brain.
Studies of the biological effects of cell phones continue.
In February of 2011, the New York Times reported $7 \%$ increase in brain activity in areas of the brain closest to the phone’s antenna.
Cell phones can be redesigned to reduce or eliminate this problem, but such designs may cost more.
For now, cell phones seem safe to use.
It is incumbent on the designer to be informed about the potential risks to users of her designs and to seek to minimize these risks to the extent possible.

Vice President Spiro Agnew and Construction Kickbacks in Maryland

In Maryland, the U.S. Attorney was looking into charges of bribes and kickbacks given to elected officials by engineers in the construction industry.
Lester Matz, a partner in Matz, Childs and Associates, was subpoenaed.
Engineering services for government projects were not put out for bid but were awarded using various criteria.
The contractor for government projects was chosen through competitive bidding.
Matz realized that contracts required contacts in government and bribes/kickbacks.
In $1961$ , Matz began courting Spiro T. Agnew, donating $500$ to his campaign in $1962$ .
The campaign contribution was rewarded with contracts for county engineering work.
In return, the firm paid Agnew $5\%$ of their fees from the county work.
Matz became wealthy and had rentals in Aspen and St. Croix.
The business arrangement continued when Agnew was elected governor of Maryland.
The financial arrangement remained the same.
These payments continued even after Agnew was elected vice president in $1968$ .
Matz met with Agnew in the White House and gave him an envelope containing $10,000$ in cash.
Matz indicated that he had given $2,500$ dollars to Agnew for a federal contract.
Matz described payments to Agnew over the years totaling over $100,000$ .
One method of generating cash was to give cash “bonuses” to key employees.
Employees returned the cash to the firm, where it was placed in a safe until needed.
Large “loans” were made to colleagues, who cashed the money and returned it to the firm.
These loans were then “repaid” slowly over a long period of time.
Federal prosecutors threatened to indict Matz and Childs for income-tax evasion.
Matz and Childs decided to provide evidence to the government of Agnew’s wrongdoing.
Agnew resigned as vice president and pleaded nolo contendere to a single count of income-tax evasion.
Agnew resigned as vice president, the first vice president to have resigned in disgrace.
The judge fined him $10,000$ and sentenced him to three years of unsupervised probation.
Matz and Childs were not prosecuted.

Professional Success

Looking for a Job

Even as an amateur, ethical and professional behavior is expected during the job search.
Unethical behaviors include exaggerating or falsifying your resume and overstating expenses for reimbursement.
Less obvious ethical concerns can occur during interview trips.
It is always encouraged to discuss your plans with the recruiter.

Cheating on Assignments

The intense pressure to get good grades in college often leads to temptations to cheat on exams or assignments.
Cheating is a form of dishonesty.
Virtue ethics clearly tells us that cheating is unethical.