Business Ethics Notes

Business Ethics: Meaning, Nature, and Scope

Introduction to Ethics

  • The term ‘ETHICS’ originates from the Greek word ‘Ethikos,’ meaning character.
  • Morality is derived from the Latin word ‘moralis,’ which means behavior.
  • Ethico-moral actions are actions determined by character and expressed through behavior.
  • Ethics is a philosophical subject; business ethics is applied ethics.

Ethics vs. Morals

  • Morals are personal beliefs; ethics are actions.
  • Morals are often based on religion or culture, while ethics are based on logic and reason.
  • Ethical systems can differ even when morals are shared.
  • Morals relate to personal conduct; ethics relate to professional conduct.
  • Example: Euthanasia may be morally acceptable but ethically unacceptable for a doctor.
  • Ethics are based on logical reasoning and shared values; morality on gut instinct or religious beliefs.

Principles of Professional Ethics

  • Impartiality: Objectivity
  • Openness: Full disclosure
  • Confidentiality
  • Due Diligence
  • Fidelity of professional responsibilities
  • Avoiding potential or apparent conflict of interest

Ethical Business Behavior

  • Ethics is a conception of right and wrong behavior, defining moral and immoral actions.
  • Ethical business behavior promotes:
    • Good to society
    • Improved profitability
    • Fostered business relations
    • Employee productivity
    • Reduced criminal penalties
    • Protection against unscrupulous employees and competitors
    • Protection of employees from harmful employer actions

Code of Conduct & Ethics for Managers

  • Integrity
  • Impartiality
  • Responsiveness to public interest
  • Accountability
  • Honesty
  • Transparency

Code of Ethics – McDonnell Douglas

  • Honest & Trustworthy in all relationships.
  • Reliable in carrying out assignments & Responsibilities.
  • Truthful and accurate in what we say and write.
  • Cooperative and constructive in all work undertaken.
  • Fair & considerate in our treatment of fellow employees, customers, all other persons.
  • Law abiding in all our activities.
  • Committed to accomplishing all tasks in a superior way.
  • Economical in utilizing company resources.
  • Dedicated in service to our company and to improvement of the quality of life in the world in which we live.

Objectives of Ethics

  • Ethics studies human conduct and evaluates it as moral or immoral, right or wrong.
  • Ethics sets moral standards and norms for human behavior.
  • Ethics evaluates past behavior against standards and norms and makes judgments upon human behaviors as right or wrong.
  • Ethics prescribes moral standard behavior and provides solutions on how to behave in a specific situation.

Principles of Business Ethics

  • Standardization
  • Workable
  • Driven from Top

Scope of Ethics

  • Systematic Issues
  • Corporate issues
  • Individual issues

Ethics Sources

  • Religion
  • Culture
  • Law

Ethical Instances: Company Vehicle Use

  • Scenario: A company vehicle has been rented for the day. Can it be used for pressing domestic errands?
    • Abide strictly by the official routine.
    • Attend to those errands which are en route.
    • Do both official and domestic work.
    • Seek supervisor’s permission to run domestic errands as well.
    • Use the vehicle for domestic works and tip the driver.
    • Make an exception only when the domestic work is very important.
    • Any other, please specify.

Defining Business Ethics

  • Business ethics encompasses the moral principles and values that guide behavior in the business world.
  • It involves analyzing and evaluating ethical issues arising from business practices, relationships, and decision-making.
  • It is the application of our understanding of what is good or bad and right or wrong to the activities within the realm of business.

Importance of Business Ethics

  • Business ethics is vital for establishing trust with stakeholders, fostering a positive reputation, and ensuring sustainable and responsible business practices.

Nature of Business Ethics

  • Principles: Grounded in honesty, fairness, responsibility, respect, and transparency.
  • Values: Reflected in integrity, accountability, and social responsibility.
  • Stakeholder Expectations: Encompasses expectations of customers, employees, investors, and the community; crucial for maintaining trust and legitimacy.

Importance of Ethics in Business

  • To develop trust: Leads to predictability and efficiency of business.
  • Ethical practices create high returns for the company.
  • Sustainability of business.

Ethical Theories in Relation to Business

  • Normative Theories:
    • (Teleological) Consequentialists
      • Egoism
      • Utilitarianism
      • Eudaimonism
    • (Deontological) Non-Consequentialist
      • Kantian theories

Teleological Theories

  • Telo’s in Greek means ‘an end.’
  • The rightness of an action is determined solely by the amount of good consequences produced by that action.
  • Action can be morally right or wrong depending on the good or evil generated by that action.
  • Three forms of this theory:
    • EGOISM
      • View that associates morality with self-interest.
      • This theory treats self-interest as the foundation of morality.
      • It contends that an act is morally right if and only if it best promotes an agent’s long-term interests.
      • Any decision taken based on the theory of egoism gives great importance to the party’s interests and does not take into consideration the interest of any other party.
    • Utilitarianism- Jerry Bentham & John Stuart Mill
      • According to this theory, a decision is ethical if it provides a greater net utility than any other alternative decision.
      • It is not merely the agent’s own happiness but happiness to all those who are concerned with these actions.
      • An act is morally right if it produces the greatest happiness to the greatest number of people, and morally wrong if it produces more pain than happiness.
    • Eudaimonism
      • Eudaimonism implies performing one’s distinctive function well.
      • Aristotle argued that the distinctive function of humans is reasoning, and so the life “worth living” is one in which we reason well.
      • An action is good if it results in the fulfillment of goals along with the welfare of human beings.
      • Actions are said to be fruitful if they promote or tend to promote the fulfillment of goals constitutive of human nature and its happiness.
      • In The Eudemian Ethics, Aristotle considers the role of happiness, and what happiness consists of.

Deontological Theories

  • Deontology has its origin from the Greek word ‘deon,’ which means duty or obligation.
  • Actions are morally right independent of their consequences.
  • This theory focuses on certain fundamental duties that people have as human beings.
  • The end or consequences of our action are not important; our intentions are not important, but our actions or duties are important to judge them as ethically right.
  • Kantianism (Deontological duty-based)
    • Our actions should come from a sense of duty and not from any other purpose.
    • According to Kant, ethics is based on reason alone and not on human nature.
    • Telling the truth is always ‘right’ in itself, even if doing so produces some unfavorable results.

Criticism of Deontological Theories

  • Actions either pass or fail with no allowance for a ‘gray area.’
  • Moral dilemmas emerge when duties come in sharp conflict with each other.

Ethical Dilemmas in Business

  • A situation putting oneself in conflict to decide what to do is called a dilemma.
  • Conflicts of interest arise when an individual's personal interests clash with their professional obligations.
  • Employee rights and responsibilities encompass issues like fair treatment, workplace safety, and privacy.
  • An ethical dilemma is a situation in which one has to make a choice between two equally undesirable choices, each of which leads to unacceptable or unwanted consequences.
  • An ethical dilemma is a situation that often involves an apparent conflict between moral imperatives, in which to obey one would result in transgressing another.
  • According to Doug Wallace: An ethical dilemma exists when one is faced with having to make a choice among alternatives like:
    • Significant value conflict among different interests
    • Real alternatives that are equally justifiable
    • Significant consequences on stakeholders in the situations

Salient Features of Ethical Dilemma

  1. Ethical dilemma involves multiple choices to be followed.
  2. Ethical dilemma involves uncertain consequences in both the nature and extent resulting from choices.
  3. Ethical dilemmas produce mixed consequences.
  4. People might be directly or indirectly involved in ethical dilemmas.

Major Types of Ethical Dilemma in Business

  • Organizational Goals Vs Personal Values
  • Organizational Goals Vs Social Values
  • Organizational Practices Vs Personal Belief
  • Organizational Profit Vs Production and Sale of Hazardous Products
  • Work time Vs Personal Business

Resolving Ethical dilemmas at Workplace

  • Rushworth Kidder’s Nine-step procedure of resolving Ethical Dilemma
    1. Define the problem and identify the moral issues involved in it
    2. Determine who will be affected by your decision
    3. Collect the relevant information, facts, and figures relating to the problem
    4. Use the right vs. wrong method to isolate the illegal issues involved in the problem
    5. Make choices between justice vs. mercy, truth vs. loyalty, individual v community, and short term vs. long term
    6. Select a particular approach based on care, rule, and end to resolve the dilemma
    7. Finally, decide the most suitable approach and take action without delay
    8. Review the decision and, if required, take necessary measures to make the decision more effective

Kenneth Blanchard & Norman Vincent Peale – Book “The Power of Ethical Management”

  1. Is it legal - Will I be violating either civil law or company policy?
  2. Is it balanced? – Is it fair to all concerned in the short term as well as the long term? Does it prompt a win-win situation?
  3. How will it make me feel about myself? - Would I feel good if my decision was published in the newspaper? Would I feel good if my family knew about it?

Ethical Decision-Making Frameworks

  1. Identify the Problem
  2. Gather Information
  3. Consider Alternatives
  4. Evaluate Options
  5. Make a Decision
  • Ethical decision-making frameworks provide a structured approach to navigating moral dilemmas. These frameworks help individuals and organizations make informed and responsible choices.

Various Approaches

  • Consequentialist Approach
    • Focus is given on the practical consequences of action or decision taken.
    • No harm no foul
    • Answer the questions:
      • Who will be helped by your action?
      • Who will be a sufferer?
      • What kind of benefits and harms are involved, and what are their relative value?
      • What are the likely short-term and long-term implications?
      • Based on your answers, which one produces the best combination of maximum benefit and minimum harm?
  • Deontological Approach:
    • Focus only on action
    • Find an answer to the questions:
      • Is an action itself just and right?
      • Does an action demonstrate loyalty?

Common Approach for Resolving Ethical Dilemma in Business

  1. Consult the code of ethics of your organization
  2. Share the dilemma with your supervisor/Leader
  3. Discuss your dilemma with other executives in the organization
  4. Discuss your dilemma with peers and colleagues
  5. Acquaint with the related past happenings

Ethical Business: A Sustainable Future

  • Ethical business practices contribute to a more sustainable and just world.
  • By integrating ethical principles into their operations, organizations can create a positive social and environmental impact, fostering a brighter future for all.

Ethics In Marketing

  • To influence the behavior of customers, marketers use various tools like:
    • Design of a product
    • Price
    • Message used to describe it
    • Place in which it is made

Why We Need Ethics in Marketing?

  • Customers develop more positive attitudes about the firm, its products, and services.
  • To create values or trust with key stakeholders
  • To build a good image about the organization in the minds of customers, employees, shareholders, and society.

Elements Influencing Ethical Behavior of Marketers

  • Individual Factors
  • Reference Groups
  • Opportunity

Rights of Marketers

  • Right to take decisions regarding the products to be offered in the market
  • Right to determine & Set prices
  • Right to make decisions how products will be made available to customers located at different places
  • Right to promote products in any ways

Marketing Executive Challenges

  • Marketing executives face the challenges of balancing their own best interests in the form of recognition, pay, and promotion with the best interests of consumers, their organizations, and society
  • Competition Act 2002
  • UN Guideline for consumer policy:
    1. Physical safety
    2. Economic Interest
    3. Standards
    4. Essential Goods and services
    5. Redress
    6. Education & Information
    7. Specific areas concerning health
    8. Sustainable consumption

Eight Customer Rights

  1. Right to basic needs
  2. Right to safety: Right to be protected against the marketing of goods and services, which are hazardous to life and property.
  3. Right to choice
  4. Right to redress: To seek redressal against unfair trade practices or unscrupulous exploitation of consumers. It also includes the right to fair settlement of the genuine grievances of the consumer
  5. Right to information: Right to be informed about the quality, quantity, potency, purity, standard, and price of goods so as to protect the consumer against unfair trade practices. Consumers should insist on getting all the information about the product or service before making a choice or a decision.
  6. Right to consumer education
  7. Right to representation
  8. Right to a healthy environment

Some Unethical Practices

  1. False Advertising: Promoting products or services with deceptive or false claims, such as exaggerating benefits, features, or results that the product cannot actually deliver.
  2. Bait-and-Switch: Attracting customers with an enticing offer and then trying to sell them a different, often more expensive product or service.
  3. Hidden Fees and Charges: Not disclosing all costs associated with a product or service upfront, leading consumers to pay more than they initially expected.
  4. Data Privacy Violations: Collecting and using consumer data without proper consent, or sharing personal information with third parties without transparency
  5. Plagiarism and Intellectual Property Theft
  6. Astroturfing: Collecting and using consumer data without proper consent, or sharing personal information with third parties without transparency
  7. Manipulative Pricing
  8. Exploitative Marketing
  9. Unfair Competition
  10. Cultural Insensitivity
  11. Deceptive Social Media Engagement: Purchasing fake followers, likes, comments, or shares to artificially inflate social media metrics and appear more popular than you actually are.
  12. Environmental Misrepresentation: Misleading consumers about a product’s environmental impact or sustainability practices to gain their trust and business
  13. Unsubstantiated Claims: Making claims about a product’s effectiveness without proper scientific evidence or data to support those claims.
  14. Unfair Pricing
  15. Price Discrimination

Surrogate Advertising

  • A substitute to keep customers reminding of the brands.
  • To stop surrogate advertisement, the government has passed legislations like:
    1. Cigarette and other Tobacco products (Prohibition of Advertisements and Regulation of Trade and Commerce, production, supply, and Distribution Act 2003)
    2. Framework convention on Tobacco Control (FCTC)
    3. The Advertising Standard Council of India (ASCI)
    4. The cable television Networks (regulation) Act, 1995 (CTNA)
    5. The prohibition of Publication or Telecast of Vulgar, Obscene, and Surrogate Advertisements and Re-Mix songs by Print & Electronic Media Bill, 2004

Ethics in Finance

  • A finance and Accounting professional may face pressure to:
    • Act contrary to law or regulation
    • Act contrary to technical or professional standards
    • Facilitate unethical or illegal earnings management strategies
    • Lie to, or otherwise intentionally mislead (including misleading by remaining silent) others in particular
      • The auditors of employing organization or
      • Regulators
    • Issue or otherwise be associated with a financial or nonfinancial report that materially misrepresents the facts, including statements in connection

Common Financial Frauds

  • Credit Cards
  • Bank Cheques
  • Mortgage
  • Tax
  • Bankruptcy
  • Hawala
  • Insider Trading

Insider Trading

  • Who is an insider?
    • A person connected to the company and who can reasonably be expected to have access to UPSI or
    • A person who receives access to UPSI.
  • Price-sensitive information:-
    • According to 2(ha) of the regulations, any information which relates directly or indirectly to a company and which, if published, is likely to materially affect the price of securities of the company

Money Laundering

  • The conversion or transfer of property, knowing that such property is derived from serious crime

Creating Ethical Environment

  • Ensuring that employees are aware of their legal and ethical responsibilities
  • Providing a communication system between management and employees
  • Ensuring fair treatment for those who act as whistleblowers

Hostile Mergers & Acquisitions

  • Takeover which goes against the wishes of target companies' Management & Board of directors.
  • Motives behind M&A:
    • Economy of scale
    • Economy of scope
    • Increased market share
    • Diversification
  • Strategies of Hostile takeover:
    • Tender offer
    • Proxy fight

Ethics in HRM

  • Scope:
    • Acquisition
      • HR Planning, Recruitment, Selection, Placement
    • Development
      • Training, Career Development, Organizational Development
    • Maintenance
      • Remuneration, Motivation, Social Security, Industrial Relations, Performance Appraisal
    • Control
      • HR Audit, HR Accounting, HR information System

Aspects of HRM in Which Ethical Issues Involved:

  • Recruitment
  • Selection
  • Promotion
  • Compensation
  • Discrimination
  • Sexual Harassment
  • Employee Privacy

Sexual Harassment

  • Improper conduct at the workplace by one person to another causing them humiliation and insult.
  • According to the United Nations Equal Employment Opportunity Commission (EEOC 1980) - “Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature constitutes sexual harassment when:
    1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment.
    2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual
    3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment

Prevention of Sexual Harassment

  • Reactive Approach: Steps by government
  • Proactive Approach: Steps taken by employer
  • Steps taken by employees:
    • Employees must freely and openly speak about sexual harassment.
    • Speak up at the time Set your own boundaries
    • Be aware of situations or people who may harass or harm you
    • Trust your own instinct
    • Create a witness to offensive behavior

Employee Privacy

  • Employee's right to what not be known about him/her.
  • Types of Privacy:
    • Physical privacy
    • Psychological Privacy
    • Social Privacy
    • Informational Privacy

Concept of CSR

  • Corporate Social Responsibility (CSR) refers to the ethical obligation of businesses to contribute to societal development, addressing social, economic, and environmental issues.
  • In India, CSR has evolved from voluntary philanthropy to a legally mandated framework under Section 135 of the Companies Act, 2013.
  • This law requires eligible companies to allocate at least 2% of their average net profits over the preceding three years to CSR activities, focusing on areas like education, healthcare, poverty alleviation, and environmental sustainability. 2%2\%

Evolution of CSR in India

  • Pre-Independence Era:
    • Philanthropy and Charity: Early industrialists like Jamsetji Tata engaged in charitable activities, driven by moral obligations and religious traditions like donation (daan) and service (seva).
    • Support for Independence: During the freedom struggle, industrialists collaborated with leaders like Mahatma Gandhi, adopting his trusteeship model to use wealth for societal benefit.
  • Post-Independence (1947–1990):
    • Social Obligation Phase: After independence, CSR was influenced by socialism and protectionism. Corporates supported government-led initiatives like rural development programs but played a secondary role due to the dominant state presence.
    • Corporate Trusts: Businesses established trusts for social welfare during the