VIABLE ETHICAL STANDARDS FOR
BUSINESS: BUILDING ON THE COMMON GROUND
Drafted by Robert C.
Holland
Senior Fellow in Business
Ethics
Department of Legal Studies
and
Senior Fellow
SEI Center for Advanced
Studies in Management
The Wharton School
of the
University of Pennsylvania
This is an updated draft
of a possible statement growing out of the Wharton - business - church
- community dialogue on business ethics. This draft has been prepared with
input from a five-person team: Robert Holland, Thomas Dunfee and Robbin
Derry of the Wharton faculty; Eric Tomlinson of the Cathedral Church of
the Saviour; and Robert Cardie of the Newman Center at Penn. This work
has been supported by the SEI Center and grants from CoreStates and ARCO
Chemical.
Comments on this draft are
welcome at any stage, and may be conveyed most expeditiously by communicating
with Bob Holland (tel. 301-320-4957; fax 301-229-5205; P.O. Box 238, Glen
Echo, Maryland 20812.)
Revised -1/29/96
First posted on the Web in
1996. Last posted 22 April 1999.
TABLE OF CONTENTS
Preamble
Generalized Principles
of Business Ethics:
-
Work Is Valuable
-
Act in Good Faith
-
Foster a Healthy Marketplace
-
Treat Workers with Dignity
-
Foster Constructive Worker Careers
-
Provide a Safe and Healthy Workplace
Environment
-
Protect the Physical Environment
-
Cooperate with Host Communities
-
Helping the Disadvantaged
-
Obey Applicable Laws
-
Recognize Reciprocal Responsibilities
VIABLE ETHICAL STANDARDS FOR
BUSINESS:
BUILDING ON THE COMMON GROUND
PREAMBLE
In our society, we rely upon
business enterprise to create jobs, provide incomes, assemble resources,
and produce, sell and service most of the products and services that consumers
need or want and are willing to pay for.
In these circumstances, there
is a great deal of interest in the standards businesses employ in these
activities. Some standards are regarded as important enough to the public
interest to be written into law. Other standards are set by the competitive
forces at work in our market system. In the gaps and spaces within this
combined legal market network of standards, however, there is much room
for business discretion, at least in the short run, in deciding what ethical
standards it will follow in its dealings with its stakeholders, i.e., its
customers, employees, owners and investors, suppliers and host communities.
These stakeholders understandably
have a keen interest in what ethical standards business decides to set.
Also, some of the wellsprings of ethical thought in America, particularly
the religious and academic communities, take a strong interest in the ethical
standards that business should or does observe. It is not surprising, therefore,
to find thoughtful voices from within the academic and religious communities
as well as the business community speaking out on the standards they believe
business should be following.
Among such voices speaking
out today, there is widespread agreement that the ethics employed in business
dealings ought to be better than they are in many cases. There are many
disagreements, however, over what and how much should be done to improve
the ethical aspects of business behavior. Such disagreements vary--some
are over goals, some over priorities, some over shares, and some over differences
in understanding, cultural emphasis, and language. In combination, disagreements
have slowed progress in this field, since the adoption and implementation
of viable ethical standards (over and above those enacted as laws) require
voluntary action by businesses and voluntary acceptance by those with whom
businesses deal.
This statement endeavors
to improve business ethics by taking a different approach, building on
areas of agreement rather than arguing over disagreements. Drawing upon
years of academic research and a long series of meetings and conversations
with numerous leaders of broad sectors of society in the Greater Philadelphia
area, it identifies a strong core of shared ethical values-a "common ground"
of basic values upon which a mutually acceptable set of ethical principles
for business could be built.
A draft of such ethical principles
is presented on the following pages for review and discussion. As best
can be judged by the participants thus far in this process, these principles,
if appropriately designed, accepted and implemented, could improve the
ethical aspects of business operations, to the mutual benefit of all concerned.
That is this project's goal, and its intended contribution to the common
good.
This "common ground" list
of principles is not intended to be all inclusive. Businesses are likely
to have some added ethical guidelines suitable for their specific industries
and firms. A number of the individuals who provided input to this project
undoubtedly have additional ethical standards they would like to see businesses
and their stakeholders pursue, and those individuals are free to advocate
such added standards. But the core principles included in this "common
ground" listing appear to have the great advantage of being acceptable
in major sectors of society throughout the Greater Philadelphia area.
REVISED LISTING OF GENERALIZED
PRINCIPLES OF BUSINESS ETHICS
1. Work Is Valuable.
Responsible and productive work makes important contributions to our economic
system and to our individual lives. To be productive, work needs to be
worthwhile at four levels--to the worker, the customer, the employer and
its owners, and society as a whole. Achieving this goal is a primary responsibility
of business.
Viewpoints differ, however,
on how to decide whether work is worthwhile. Business and conservative
academic thinkers tend to favor leaving such judgments to the individual
participants. For example, if customer buys a product at a store, presumably
that is worthwhile to both buyer and seller. In contrast, religious leaders
and liberal academic thinkers tend to be concerned that some participants
may be ignorant, overmatched, under funded, or otherwise disadvantaged
in their judgments, and thus need supplemental help. This is particularly
true if the business they are dealing with has an advantage not conferred
by a free market.
2. Act in Good Faith.
A business should exercise due care to perform work competently and responsibly.
Business should also act in good faith in other ways, including honoring
its promises, avoiding deceit, acting fairly, and living up to the reasonable
expectations of other parties. In effect, treat others as you would like
to be treated yourself. These principles apply to all phases of business
activity, including hiring, firing, buying, selling, competing, servicing,
and investing.
3. Foster a Healthy Marketplace.
Businesses should strive to maintain a healthy marketplace, i.e., one that
is open, competitive and well functioning. In such a market, prices should
be at levels that give customers their money's worth for the goods and
services they buy. Those prices also need to generate enough business earnings
in excess of expenses to supply incentive for continuing production and
provide enough surplus to fund worthwhile benefits (in terms of compensation,
good products, community services and/or other benefits) to the firm's
employees, managers, investors, suppliers, and host communities--i.e.,
to the various stakeholders of the firm. In open markets that are working
efficiently, competitive forces should work to allocate a firm's earnings
among these stakeholders in proportions that will encourage continued good
production, sales, employment and net earnings. If and when circumstances
create closed markets or otherwise distorted profit opportunities, businesses
should avoid charging prices far in excess of their costs (including research
and development costs), in the long-term interest of themselves and their
stakeholders.
4. Treat Workers with
Dignity. Enlightened business, academic and religious leaders agree
that workers should be treated as more than simple units of production.
Employers need to respect the dignity and well-being of their workers and
other stakeholders. Discrimination based upon race, sex, or religion should
be avoided.
5. Foster Constructive
Worker Careers. Workers should be empowered to become productive and
fulfilled. Business executives see the need to empower workers to deal
with problems arising in the workplace. Religious and civic leaders see
the need also for broader empowerment of individuals, in their communities
and as citizens of the nation. All three types of leaders agree that such
empowerment also involves corresponding responsibilities for the individual
to utilize such authority responsibly. Leaders should set appropriate ethical
boundaries for such empowered activities.
Businesses should help their
employees develop and employ their skills in worthwhile ways. If, because
of personal or professional circumstances, good workers need greater flexibility
in their job assignments, employers should try to be accommodating. If
adverse business circumstances compel a firm to lay off employees and/or
close plants, the firm should do its best to give timely and informative
notice to its employees, help them find new jobs elsewhere in the firm
or with other employers, and assist them in adapting their skills to new
job opportunities.
6. Provide a Safe and
Healthy Work Environment. Business should provide a safe and healthful
working environment for its employees. Preventive measures should be taken
to minimize worker injuries or sickness. If and when workers suffer work-related
injuries or diseases, the employing firm should be sure that health benefits
are available to absorb the attendant medical expenses and cushion the
income loss. It should also promptly take whatever steps are feasible to
reduce or eliminate the chances for more of such injuries and diseases
in the workplace.
7. Protect the Physical
Environment. Business needs to respect the physical environment in
which it operates. It should accept responsibility for the environmental
impact of its own operations. This includes taking preventive measures
to eliminate or reduce the environmental impact from its operations to
levels generally acceptable to society, taking into account the costs as
well as the benefits of such reduction. It should also do its best to repair
any environmental damage caused by its operations. In judging environmental
impact, attention should be given to the full life cycle of the firm's
products, from the acquisition of raw materials through production and
distribution to customer use and eventual disposal.
8. Cooperate with Host
Communities. Businesses should cooperate with the local communities
in which they operate. Such cooperation should be extended not only at
corporate headquarters but also at any branch facilities in other localities.
The amount of financial help a firm can ordinarily give in cooperation
with a community effort is prudently limited to a small fraction of its
earnings, but businesses have other resources--such as physical facilities,
technological and organizational know-how, leadership, and interested and
caring employees--that can often be of significant assistance in meeting
specific community needs.
Sharing a fraction of those
resources in appropriate instances for public-spirited purposes can be
good business as well as good ethics. Those host communities contain current
and potential future employees, customers, sometimes suppliers and significant
investors, and always citizens and their elected officials whose decisions
can affect the future social environment in which a firm operates. In addition,
if the firm has a sincere and well-run community assistance program in
which its employees are involved, that can produce a valuable dividend
in uplifted employee morale. Finally, the value of community assistance
projects introduced by one firm can be multiplied if it also invites other
firms to become involved and mentors them in project know-how. Big firm-small
firm cooperation in such mentoring can be especially productive.
9. Helping the Disadvantaged.
Helping disadvantaged citizens is a special concern in our society. Business
should be willing to assist in work-related education and training to help
could-be workers reach their full productive potential.
Religious and community leaders
point also to the need for compassionate help to those who cannot become
productive and self-supporting. Business leaders, however, look upon providing
such life-cycle support services as primarily a function for governments
and volunteer service groups, both religious and secular, with business
responsibility limited to paying appropriate taxes and making charitable
contributions.
10. Obey Applicable Laws.
In part, laws and attendant regulations adopted by governments express
ethical standards that citizens want to be sure are observed by all businesses
subject to those rules. Complying with these and other applicable laws
fairly enforced, however, does not fulfill all the ethical responsibilities
of business firms. The ethical standards set forth in this statement also
need to be addressed. On the other hand, if any government should issue
a rule that violates the ethical standards herein described, firms with
such ethical standards should not simply comply passively with the offending
rule, but use the firms' channels as corporate citizens to point out the
unethical effects of that rule and encourage appropriate action to modify
or repeal it.
11. Recognize Reciprocal
Responsibilities. The ethical standards set forth thus far in this
statement have been expressed primarily in terms of how a business should
treat its stakeholders, i.e., its customers, investors, suppliers, host
communities and employees. However, most of those standards also embody
implicit reciprocal ethical responsibilities for those stakeholders.
To be more specific:
a. Customers of such a firm
need to be reasonable in their requests and fair in any complaints they
are making. Customers also have a serious responsibility for judging the
ethics of the firms they deal with, and deciding which ones to continue
to patronize, because shifts in customer loyalty from one firm to another
can be the most powerful market tool for altering business behavior.
b. Investors have a responsibility
to understand and appreciate the merits of good ethical goals and behavior
on the part of the firms in which they invest. Investors should take a
long-term view of these matters, because sometimes ethical actions by a
firm can involve costs in the short run but yield benefits that take a
longer time to be realized.
c. Suppliers should aspire
to ethical standards that are as high as those of the firms they are supplying.
Moreover, suppliers ought to be trustworthy in this respect, for mutual
trust facilitates ethical behavior.
d. Host communities (including
both governments and citizens) ought to be cooperative, encouraging local
business efforts to cooperate in community improvement. They should provide
regular city services to business at reasonable rates, and be fair in the
tax and regulatory burdens they impose on business.
e. Employees should strive
to perform their work responsibly and productively. They should respectfully
observe the firm's ethical standards, at least as long as those are consistent
with the standards set forth in this statement. However, in setting its
own standards, the firm should also give consideration to the personal
ethical standards of its employees. The more congruent are the firm's ethical
standards and the personal ethical standards of its employees, the more
effective its ethics program will be and the higher will be employee morale.
Employees like to work for firms they can regard as ethical.
To enable these constructive
stakeholder responses to a firm's ethics program, that firm needs to communicate
relevant information honestly, clearly and in timely fashion to its stakeholders,
in a spirit of accountability to them.
Stakeholders, in turn, ought
to encourage the businesses they deal with to aspire to good ethical standards.
Given the imperfections of the human condition, there are bound to be slips
and shortfalls in introducing and measuring up to ethical standards as
high as those proposed in this statement. Accordingly, firms would be well
advised to design and implement their ethics programs so as to be reflexive,
i.e., self-correcting. Knowledgeable stakeholders can and should appreciate
this process and foster its progress.
Pursued over the years, good
ethics programs can lead to business performance that is efficient and
beneficial to all concerned.
THE E-FACTOR: ANOTHER LEADING
INDICATOR OF ADDED CORPORATE VALUE?
POSSIBLE IMPLICATIONS OF GOOD CORPORATE ETHICS PROGRAMS
FOR STOCK PRICES
Summary of Proposed
Speech to the Atlanta Association of Financial Analysts
March 1, 1996
by
Dr. Robert C. Holland
Senior Fellow in Business
Ethics
Department of Legal Studies
The Wharton School at
The University of Pennsylvania
Introduction:
It is a pleasure for me to meet
and talk with you this morning. I should admit at the start that I have
long had a secret admiration for financial analysts. That dates back to
the days when I was studying old Ben Graham's text on investment at the
Wharton School. I didn't get as much out of that text as Warren Buffet
did, but I did come away with a lasting respect for a good analyst's ability
to pry present and future wisdom out of a stream of balance sheets, income
statements, annual reports and stock market quotes.
Early signals:
That mixture of art and science
which enables the perceptive analyst to recognize the early signals of
potential future increases in corporate value has particularly fascinated
me. When I talk to my friends in the business, they don't tell me all their
secrets about identifying early signals of future value, but they have
talked at length about two such signals which have become almost common
knowledge: a big and well-targeted boost in a company's R & D budget;
and a stepped-up program to improve quality.
They have warned me that
corporate actions like these take time to bear fruit, and they aren't always
powerful enough to overcome other weaknesses that might lurk within a firm.
Nonetheless, more often than not well-managed steps in these directions
can gradually add an increment of positive value to a company's rate of
return on investment--this despite the fact that there may be a net drain
on the bottom line for the first year or two. Happily for such companies,
perceptive buyers often bid up a bit the value of the firm's stock in advance,
based upon the discounted value of a conservative estimate of the future
gain in profitability from these sources.
Another signal?
Now I think I may have stumbled
across another such signal, albeit one that is not yet much appreciated
by the stock market. That, of course, is more advantage than it is handicap
to a financial analyst who wants to get ahead of the pack.
I have been studying business
ethics for a number of years. I have met a lot of CEO's in my varied activities,
and I have often made a point of asking them what value they think the
market places on the ethics program of their firm, or of any Fortune 500
firm. The standard response I hear is that the stock market is quick to
punish any listed firm that is caught engaging in an egregiously unethical
activity, but there does not seem to be much reward in the form of an enhanced
stock price for firms who introduce a first-class ethics program. There
may be exceptions--firms like Johnson and Johnson with a long history of
ethical behavior, even in crises like the Tylenol scandal--but firms I
have talked with that have introduced major improvements in their ethics
programs typically do not see much timely appreciation of that improvement
in their stock price.
On the other hand, every
CEO I have talked with who has made such a major step-up in the firm's
ethics program is convinced that the firm will be better in the long run
because of its improved ethical environment. Of course, such CEO's are
not unbiased witnesses; but I have usually found them quite realistic in
their approach to judgment in these matters. When I press them to be more
specific, they cite such changes as improved employee morale, better trust
within the company, higher quality output, fewer mistakes, a greater degree
of responsible teamwork, better relations with suppliers, more courteous
treatment of customers, and happier customers who come back more often.
What's wrong?
If all those good things are
going to be forthcoming, why hasn't the stock market taken that into account?
I come from a university abundantly endowed with financial experts who
are convinced by their research that the stock market regularly takes into
account all the relevant worthwhile information that is available in setting
its stock prices.
Does that make me a heretic?
I don't think so. The saving word in the preceding sentence is "available".
Let's conduct a test right here: Among the companies you analyze, how many
of them regularly provide you with timely, objective and results-oriented
information on the efficacy or lack of efficacy of their ethics programs
and any major changes therein? Please raise your hands if your answer is
more than "five." If any of them do.
The stock market cannot take
into account valuable information it does not have. As I see it, the lack
of availability of that kind of trustworthy information is the major barrier
to analysts' ability to judge how much a first-class ethics program is
worth in corporate value.
When I look in a company's
annual reports for information on their ethics program, what I typically
find is a few paragraphs, or pages on their social responsibility, describing
projects to help a community, or a school, or a symphony, accompanied by
some appealing pictures. Those are laudable efforts, but they are hard
to relate to either their employees' ethical behavior or the firm's bottom
line.
I have heard top-notch CEO's
give rousing speeches about their firms' ethics programs, but typically
those have been given to audiences made up primarily of human resource
or ethics officers, not financial analysts.
Why are companies with good
ethics programs "hiding their light under a bushel", so to speak? Why aren't
they cranking out objective information that can help financial analysts
give appropriate weight to the future value inherent in those programs?
The answer, I believe, hits
close to home: because neither their in-house experts nor the academic
experts in business ethics have come forth with measurement tools and techniques
that can efficiently, objectively and reliably measure the chain of effects
that run from the parts of an ethics program to the profit-making parts
of the company.
In defense:
In defense of the ethics experts
and their bosses, let me quickly say that what makes an employee behave
ethically is very hard to measure. It is not surprising, therefore, that
even among the business ethics experts, the objective information that
is collected, analyzed and exchanged has to do mostly with process rather
than results. How many companies have ethical codes? How many have ethics
officers? How many employees took the ethics training course this year?
How many calls on the ethics hot line?
Good managers who have to
deal with human beings and their ethics often develop their own ways of
finding out how well an ethics program is doing. They blend such process
data with what they pick up in person-to-person contacts, and reach a subjective
judgment on what's working and what isn't. Oftentimes that is good enough
for operational purposes, but it is hardly information a financial analyst
has access to or can make good use of.
What financial analysts can
do about this:
I think financial analysts are
in an excellent position to apply pressure to narrow this gap in market
information--what my colleagues would call a case of "market failure".
You can speak and write to
the companies you analyze, urging them to put more and better information
about their ethics program and the year-to-year changes in its workings
into their annual reports. You can encourage them to have their auditors
regularly assess their ethics program. You can occasionally invite their
CEO's and ethics officers to your meetings to talk about the ethics side
of their business. You can press them for their own subjective judgments
on what difference their ethics programs are making for their companies.
You can also turn to the
colleges and research institutes interested in business ethics, and urge
them to work hard on improving measurement tools and techniques that could
be used to more objectively measure the efficacy of ethics programs in
terms of company results. This is not a wild goose chase. Marketing analysts,
consumer survey experts and even political pollsters have made major progress
in measuring people's attitudes and responses, and the changes therein
over time. The time is ripe to bring such expertise to bear on the arena
of business ethics.
Conscience compels me to
admit that such research can be expensive to do. Accordingly, financial
analysts will probably also have to push on the funding sources for such
research groups to encourage some rejiggling in their priorities.
But if I am right, the end
results in the long run ought to be good--
-
for financial analysts (especially
those who get on the bandwagon early)
-
for responsive companies and
their shareholders
-
for everyone else those ethical
companies deal with
-
and for our society at large.
I think that makes it a worthwhile
role for you to consider.
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