Abstract
The need to fill three gaps in ethics research in a business context sparked the current study. First, the distinction between the concepts of “ethical” and “legal” needs to be incorporated into theory building and empiricism. Second, a unifying theory is needed that can explain the variables that influence managers to emphasize ethics and legality in their judgments. Third, empirical evidence is needed to confirm the predictive power of the unifying theory, the discernable influence of personal and organizational variables, and the importance of the issue to the managers in determining their emphasis on the ethical and legal values of their judgments. Focused on these needs, the current research combines social identity theory with empirical findings from business ethics research. This theory building initiative framed hypothesis-driven research to investigate the influences on managers’ emphasis on ethical and legal values in making business judgments. An empirical research study was conducted involving 252 practicing managers who judged 12 newsworthy business events. Data was collected on the managers’ individual factors, on the groups that influence their judgments, and on the importance that the managers place on ethics and legality in judging the 12 scenarios. The research findings contribute to theory development (1) By successfully utilizing a blended extension of social identity and issue-contingent theories to understand managers’ judgments, and (2) By providing evidence on the relationships between the perceived importance of an issue and the emphases managers place on ethical and legal values in their judgments. The analysis of the data was extended to provide insights on the needs of employers to tailor management training on legal and ethical decision-making. The participating managers were clustered according to their emphases on Ethical Importance and Legal Importance in judging business situations. Analysis of Variance was then combined with Scheffé Multiple Comparison Tests to assess whether the factors derived from a blended extension of social identity and issue-contingent theories were significantly different across the clusters. The product of this analysis is unique sets of attributes that describe each cluster of managers, and provide an empirical basis for determining training priorities. Finally, the carefully constructed and thoroughly tested 12 research scenarios that form the core of the survey instrument enable their redeployment in subsequent research and their use by practicing executives who wish to compare data provided by their managers to results from the study participants.
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Appendix A
Appendix A
Scenarios
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1.
Hewlett-Packard (HP) Chairman Patricia Dunn knew there was a boardroom leak when details of board meeting discussions were reported by the media. Dunn wanted to prevent the spread of additional sensitive and confidential information, so she hired a private investigation (PI) service to investigate HP’s Board members. The PIs surreptitiously obtained the HP directors’ personal telephone records from their individual telephone service providers by “pretexting”, which involves falsely claiming to represent the owner of the phone. Charged with illegal behavior, Dunn testified before a U.S. House of Representatives’ subcommittee and admitted that she instructed the PI service to obtain and scrutinize personal phone records of HP directors, but said she believed it was a customary HP practice and that the records came from publicly available sources.
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2.
In 2006, the Securities and Exchange Commission investigated homebuilder KB Home and its CEO of 34 years Bruce Karatz for using incorrect dates in granting stock options. Altering the dates resulted in extra compensation of $50 M for Karatz and KB Home’s other key executives over an 8-year period. As the probe began, three officers were replaced: Karatz, the head of human resources, and the chief legal officer. Simultaneously, KB Home filled newly created positions of chief compliance officer and risk assessment officer.
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3.
John Blystone, CEO of SPX Corporation (SPW), participated in a 10b5-1 trading plan. The Securities and Exchange Commission created such trading plans to clarify the rules under which executives can sell their shares in their company. The executives are protected from insider trading violations as long as they initiate the plan with their lawyer or broker at a time when they do not know of any significant nonpublic information, they lay out in advance the dates or prices at which sales will be made, and they do not control the trades. In mid-February, Blystone prepped investors for a strong earnings report due in late February. The stock shot to $53 per share. He also announced that he set up a 10b5-1 for personal, financial, and estate planning purposes. Days later, he sold his 800,000 SPW shares valued at $45.3 M. The following day, news leaked that the jump in earnings that he reported resulted from one-time gains by SPW. Share value dropped 21 % that day and continued to fall. Investors filed suit against Blystone, accusing him of insider trading.
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4.
The Federal Election Commission bans corporations from donating to a politician’s campaign. However, corporate CEOs are permitted to offer politicians flights on their corporate jets. To adhere to the law, the politician must reimburse the corporation only for the cost of a seat on a commercial flight to the same city, thereby saving the politician’s campaign the substantially greater cost of chartering a private plane, and the time and inconvenience of flying commercially. A CEO, in turn, gains potential exposure to the politicians and the ability to be of service. Between 2001 and 2007, 192 politicians made 2,300 such flights aboard corporate aircrafts.
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5.
Billionaire Mark Cuban is digging up ‘dirt’ on Corporate America and is publishing it on his new website, Sharesleuth.com. Cuban hired a financial journalist to root out unsavory business practices and misleading accounting statements of public companies. Cuban shorts the stocks of the offending companies before publishing the information on Sharesleuth.com, and then reaps a profit as the stock prices go down. Legally, journalists cannot trade stock of a company if they know an article about that stock is about to be published, because the knowledge in the article is considered the property of the publication or website. However, since Cuban owns the website, he owns the information and misappropriation is not an issue.
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6.
National Football League commissioner Roger Goodell fined New England Patriots coach Bill Belichick the maximum amount of $500,000 and docked the team $250,000 and a first-round draft pick as punishment for violating the League rule against videotaping opposing coaches as they used hand-signals to call plays during a game. By doing so, Goodell branded the Patriots as cheaters. Patriots’ owner Robert Kraft issued a statement: “I believe that Coach Belichick always tries to do what is best for the team and he is always accountable for his decisions. …I accept his apology and look forward to working with him as we move forward.” Belichick was peppered with questions from reporters on the scandal. He seemed bemused by their repeated attempts to get him to expand on his statement that he accepted “full responsibility for the actions”. “It doesn’t matter,” Belichick said. “It already happened. So right now, we’re focusing in on what’s in front of us, and that’s the Chargers (football team).”
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7.
Barnes and Noble, under the leadership of CEO Leonard Riggio, announced that O.J. Simpson’s book “If I Did It” would not be stocked in its stores, and would only be available by special order or for purchase online through Barnes and Noble.com. “If I Did It” is Simpson’s ghostwritten, hypothetical story of how he would have murdered Nicole Brown Simpson and Ronald Goldman. Goldman’s father, Fred Goldman, called the book “Simpson’s confession” and labeled it “disgusting and despicable”. Simpson maintained his innocence in the 1994 killings in Los Angeles, and was acquitted of the murders in 1995. Later, Simpson was found liable for the killings in a wrongful-death suit filed by the Goldman family and ordered to pay a $33.5 million judgment against him, which he failed to do, pleading bankruptcy.
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8.
The American Red Cross ousted its president Mark Everson after learning he had engaged in a “personal relationship” with an employee. Everson took the Red Cross job 6 months earlier as the charity sought to restructure itself after sharp criticism of its response to Hurricane Katrina. The Red Cross board of governors asked for and received Everson’s resignation, effective immediately. “The board concluded that the situation reflected poor judgment on his part and diminished his ability to lead the organization in the future.” Everson, who is married and has two children said, “I am resigning for personal and family reasons, and deeply regret it is impossible for me to continue a job so recently undertaken”. A Red Cross spokesperson said of Everson’s ouster: “This does not reflect on the organization. People felt we were moving forward.”
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9.
Parents and child safety experts concerned about the online activities of teenagers have been particularly nervous about a Web site called Stickam, which allows its 600,000 registered users, who state their age as 14 or older, to participate in unfiltered live video chats using their Web cameras. A particular issue is that Stickam has close ties to a large online pornography business. As disclosed by Alex Becker, a former vice president at Stickam, and supported by internal company documents, Stickam is owned by Wataru Takahashi, who also owns and operates a network of Web sites offering live sex shows over Web cameras. Becker alleged that Stickam shared office space, employees, and computer systems with the pornographic Web sites. Becker said he was speaking out because the company was not doing enough to protect young users of its service. However, Scott Flacks, a Stickam vice president, denied the charge. Flacks said that Stickam operated independently of the pornography sites. He also said that Becker made the false claims and was being ‘‘retaliatory’’ because he had been unable to reach an agreement with Stickam that would enable him to create a site that would compete against the company.
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10.
The online social network MySpace.com offers unsigned music performers two things that only a major label could 15 years ago—a high-quality product and a mammoth distribution channel. Fans can now bypass traditional retail outlets and create a vast P2P (peer-to-peer) marketplace. Music lovers have always shared their finds, often illegally, and the music industry has fought this practice. However, for Chris DeWolfe, CEO of MySpace.com, the problem is not that his users illegally trade bootlegged music but that the marketplace has not responded to the mainstream consumers’ demonstrated need. DeWolfe claims that he is unconcerned about being found guilty for his illegal actions. His supporter, Terry McBride, CEO of Nettwerk Records, credits the breakaway success of one of his firm’s clients, the Format, to the indie band’s MySpace community. However, indie artists using MySpace.com must remind fans—those who came of age after Napster was forced to close for allowing illegal free trading of copyrighted music online—that music is a protected article of trade.
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11.
Newell and Juanita Spears were owners of a liquor store. Suspecting that a theft at their store was an inside job, they monitored and recorded employees’ calls made from the store phone. During a 3-month period, they recorded more than 22 h of conversations. These included an illicit deal by one female employee to provide liquor for an under-the-counter payment. The recorder also picked up several steamy phone calls between that employee and the customer with whom she made the deal. The Spears fired the employee for the theft and told her that they learned about her personal relationship with the customer from the recordings. Subsequently, the terminated employee and her lover successfully sued the Spears for violation of the federal wiretap law. The court found that the Spears had taped longer than necessary for their investigation. Taping the sexually provocative was judged to serve no business purpose.
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12.
Police in Virginia Beach, VA, confiscated two display posters from a national chain clothing store, and cited the store’s manager on a misdemeanor obscenity charge. The police issued the summons after the Abercrombie and Fitch store manager ignored their warnings to remove the images from the mall store after some customers complained. One photograph showed three shirtless young men, with one man’s upper buttocks showing. The other image was of a woman whose breast was mostly exposed. City code of Virginia Beach makes it a crime to display “obscene materials in a business that is open to juveniles.” The manager declined to comment, saying that he was waiting for guidance from corporate officials headquartered in Ohio who had provided all Abercrombie and Fitch managers with the posters for their store windows.
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Pearce, J.A. Using Social Identity Theory to Predict Managers’ Emphases on Ethical and Legal Values in Judging Business Issues. J Bus Ethics 112, 497–514 (2013). https://doi.org/10.1007/s10551-012-1274-x
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DOI: https://doi.org/10.1007/s10551-012-1274-x