Warning Bells (© 1998, Deborah Long)
Rushworth Kidder, noted ethicist and author of How Good People Make Tough Choices, tells a true story about a two pilots and their navigator who failed to listen to their aircraft's warning system. As their plane began to descend, cockpit lights and bells started to go off. The plane's navigational system had picked up indications that the plane was flying too close to the mountain range that surrounded the airport. The computer voice of the warning system called out, "Pull up! Pull up! "Pull up!" Tragically, the pilots ignored those warnings and caused the plane to crash into the mountains. All aboard died. Plane crash investigators later revealed that the pilots' conversations indicated they heard and saw all the warning bells: before shutting off the warning bells, one of the pilots said aloud, "Shut up!" to the system's computer.
Most of us have a warning system, too--bells that go off when we sense a physical threat is imminent. In some cases, our response to danger is physiological: we begin to perspire, our hearts beat louder, or our senses become more acute. When it comes to conflicts or issues that might be psychologically dangerous to us, we have an ethical warning system as well--only we usually call it a conscience. A conscience will serve to keep us from ethical temptation. Cartoonists often effectively illustrate our conscience as the little angel who sits on our shoulders and speaks to us. Gary Watterson, the creator of Calvin and Hobbies, used the character of a stuffed toy tiger to act as a little boy's spiritual mentor. When the little boy, Calvin, would hatch schemes that would get him in trouble, the tiger, Hobbies, would become life-size and attempt to steer Calvin to a higher path.
Most adults have a highly-developed conscience. It effectively warns them away from potential ethical ensnarements. Experience also teaches us that certain situations are pregnant with moral conflict. Either through experience or through our conscience, we can usually recognize situations that could cause ethical trauma. Some of these situations are:
1. Receiving freebies-- when a vendor offers you a gratuity--whether it is a gift or cash--is the fit really free from obligation? Or is there an expectation that you will provide special favors in return for the gift.
2. Receiving special loans/deals-- if in exchange for a service, you are offered a special loan or deal available only to you, how will that special transaction affect your conduct? what is the expectation of the party giving you the special loan? is it fair to others that you are the only one to receive this special consideration? how will this transaction look to others if it is discovered?
3. Using company/government resources-- when you use resources that are not yours, who really pays the cost of the resources? what if everyone took resources that did not belong to them?
4. Hiring relatives-- what potential conflicts will arise when issues of performance, promotion or attrition are considered? how will the hiring of relatives appear to others?
5. Conflicts of interest-- when you work for two or more parties with opposing interests, with whom do you side? what do you disclose and when?
6. Disclosure-- what is the effect on my clients, customers, and colleagues of disclosing sensitive information? how will it appear if I do not disclose the information? What is appropriate timing of disclosure? What form should disclosure take?
7. Leaving employment-- what intellectual property are you taking with you? should you share that information with your new employer who was a former competitor? should you inform former clients that you are newly affiliated?
8. Playing politics-- what is the appropriate role of a individual in a regulated business in regard to political contributions, lobbying and other activities?
These kinds of issues should trigger our ethical warning systems. The appropriate reaction to these warning bells is first to acknowledge that a potential problem looms ahead. The next step is to deal with the problem appropriately and effectively. Ignoring our conscience--in a sense, telling it to be quiet or turning it off-- means that we will be unable to keep out of harm's way.
Inquiring Minds Want to Know: Why Did You Get in Trouble?
(©, 1998, Deborah Long)
Regulatory agency newsletters--such as this one--remind us that licensees make mistakes, sometimes serious ones, in their dealings with the public. Violations mentioned in these publications range from trust account mismanagement to misrepresentation to fraud and worse. And even though it is a relatively small percentage of professionals who are found guilty of professional misconduct, we know that they represent the proverbial "tip of the iceberg." Members of the public often do not want to get involved in the complaint process, perceiving that it might be too cumbersome. Some aggrieved individuals may be unaware that a complaint process exists.
When I discuss the complaint cases mentioned in my state's real estate licensing newsletter with my students, it's not uncommon to hear this reaction: "There but for the grace of God...." In other words, these licensed professionals are relieved to see that their names have not yet appeared on those notorious back pages. But they are also expressing the concern that they have committed similar violations to those described in the newsletter. They just haven't been caught yet. To some extent, those quarterly communiqués from our regulators are an important deterrent to practitioners who need constant reminders that their conduct is being watched.
But there are other factors that keep us from getting in trouble. One of those factors is our own ethical capacity and orientation. While many of our values were instilled in us in children and come from a variety of sources, our capacity to become even more adept at making moral judgement usually grows as we mature and experience marriage, parenthood and other significant life events.
Another factor in keeping us from going astray is professional standards or codes of conducts espoused by the private and public sector. While a code of ethics doesn't prevent misconduct, professional guidelines help the us recognize the baseline for behavior. Codes of ethics set the minimum level of conduct we will tolerate from one another and help us make judgements about right and wrong. The majority of American companies subscribe to a code of ethics, acknowledging its importance in curbing workplace problems.
Many organizations realize the important of yet another factor in minimizing opportunities for misconduct: internal controls, such as adequate supervision, training of staff and careful review of work. It is particularly important that rules are clearly established and consistently and fairly implemented. And while policy manuals and one-day employee orientation programs are useful in establishing ethical boundaries, they are often not enough to meet the frequent ethical challenges that many professionals face. More and more companies are establishing mentoring programs to help practitioners cope effectively--often one-on-one-- with work dilemmas.
Another critical factor in minimizing opportunities for miscount is peer or team review. Peer auditing of critical cases or issues can be an effective tool in preventing problems or preventing their repetition. Sometimes, peer reviews by an independent group from another organization or from a regulatory body can be helpful as well as motivational.
Another determinant in minimizing misconduct is peer pressure within the organization. When the organization's leadership has clearly articulated the values of the company and more importantly, practices those values, then it is more likely that professionals affiliated with the company will practice them as well. We learn our values and ethics from people who have influence over us: first from our parents and family; then from our teachers; and later in life, from our employers and leaders. If our leaders are corrupt, we are more likely to lower our expectations and on occasion, respond by becoming corrupt our selves. On the other hand, when leaders have high standards, we are more likely to conform to higher standards as well.
The last-- but not necessarily the least effective-- factor in controlling our conduct is government regulation. Some licensees conduct themselves professionally because they don't want to pay the various penalties outlined by rules and laws. But we also comply with regulation because we believe that a society without rules and laws would be chaotic. So while we may not particularly like the idea of government regulation and reminders from regulatory agencies that let us know our conduct is being measured, we also recognize the importance of some government control.
As I tell my students preparing to take their state licensing exam, the last place I ever want to see them is on the back pages of the licensing newsletter as the "poster child of the month" for bad judgment. It is hope that the combination of their integrity, professional training, company values and leadership, their peers' influence, and government regulation will provide enough discipline and restraint to keep them from becoming an example to the rest of us of how not to conduct ourselves.
Red Flags of an Ethical Dilemma
(©, 1998 Deborah H. Long)
If individuals reach adulthood without suffering major psychological traumas, such as child abuse, they are usually capable of determining right from wrong. Many moral problems we face require us to be able to make that determination. Most of the time, adults know right from wrong, but they may be unwilling to pay the price for doing the right thing. When we knowingly choose the wrong thing, we have succumbed to ethical temptation.
Facing ethical temptations is not the same as facing ethical dilemmas. We know it is wrong to lie; we know it is wrong to steal; we know it is wrong to cheat. Thus, it is not really a dilemma when we consider choosing wrong over right. It is merely an ethical temptation.
For example, falsifying an annual report to make the company appear in good financial health is an ethical temptation. As long an individual knows that this act is wrong, then this problem is are not really a dilemma.
However, choosing between two rights is a compelling ethical predicament-- for example choosing between telling the truth and maintaining loyalty to a friend. Truth and loyalty are both virtues: what do you do when your friend asks you to lie, perhaps to save his marriage or his job? Choosing between the individual's needs and a community's needs or choosing between justice and mercy are two more illustrations of true ethical dilemmas. Choosing between two or more positive values requires more than ethical competence; it also requires sound ethical decision making skills.
Developing mature decision making skills involves recognizing problems when they occur. How can you tell when you are facing issues that have an ethical dimension to them? The following guidelines may help:
1. Frequent use of words such as right or wrong; conflict of interest; bottom line; ethics; and values.
2. Desire to call the state regulatory agency or professional hotline.
3. Making lists of advantages and disadvantages of an action.
4. Feeling torn between two or more values, goals, or parties.
5. Wondering how the outcome of this problem would look in the newspaper headlines.
6. Loss of sleep.
7. Use of expressions such as:
"Well, maybe just this once..."
"Let's keep this under our hats..."
"We'd better look the other way..."
"No one will ever know..."
"Whew, we certainly dodged that bullet..."
"Don't tell me. I don't want to know."
"I have this friend..."
"No one's going to get hurt..."
"Everybody does it..."
"They had it coming..."
"They'll never miss it...."
"What's in it for me?"
These red flags advise of impending ethical challenges. Rushworth Kidder, author of How Good People Make Tough Choices, suggests that ethical dilemmas, rather than temptations, will challenge us more frequently and profoundly in the near future as our society becomes increasingly diverse and complex. He cites the ethical dimensions of technological advancements such as cloning and nuclear power to make his case.
Thus, in addition to being able to recognize ethical temptations, adults will also be called upon to be able to determine "Which is the greater good?" It is a challenge to those in positions of influence to help others navigate through the difficult moral terrain which we will face in the next decade and beyond.
Jerry Maguire: An Ethics Lesson
© 2000, Deborah Long)
One of the many myths that exists about ethics is that adults are incapable of becoming more ethical. In other words, some believe that once we have reached adulthood, we are either ethical or not. Research studies, however, indicate that adults are not only capable of learning to be more ethical, but that we are likely to experience the greatest leaps in moral development in our twenties and thirties. During this period, we are likely to experience transformative life events: for example, our first significant job, marriage, and parenthood.
A good example of how an adult can become more ethically mature can be seen in a 1997 movie about ethics in sports, Jerry Maguire. Maguire is a sports agent who experiences major moral growth in terms of personal and professional relationships. Early in the film, we see Jerry's many character flaws. We watch Maguire dazzle his clients with imaginary propositions about six- and seven-figure contracts, offers of high- paying endorsements, and phony promises of greater glory on the basketball court or the football field. In another scene, Jerry's business friends mock his inability to sustain personal relationships, a character defect that is underscored by Jerry's inability to be alone. In yet another early scene, one of Jerry's clients is so badly hurt on the football field that he is hospitalized. Rather than encourage his client to recover and perhaps retire due to the athlete's numerous injuries, Jerry encourages him to get back on the playing field as soon as he can, mainly to bolster Jerry's commission income. When confronted by the hospitalized athlete's young son, Jerry is shamed into realizing the degree of his selfishness. This experience is the triggering event for Jerry's ethical transformation.
Jerry writes a mission statement where he proposes that his firm should have fewer clients and develop better relationships with the clients already under contract. He sends multiple copies of his mission statement to his colleagues. Unfortunately, Jerry's new goal is at direct odds with his company's objectives, and ultimately, he is fired.
He suffers yet another setback. As he furiously attempts to establish his own agency and woo new clients, a prospective client refuses to sign an exclusive contract with Maguire, stating instead, "My word is as strong as oak." Later, the client signs an exclusive contract with a competing firm, and merely shrugs when Jerry reminds the client of his verbal promise.
At this point, Jerry's one remaining client and his loyal assistant bolster his flagging spirits. Maguire's ethical transformation begins with a commitment to honesty in relationships. Jerry realizes that his past misrepresentations and partial truths have hurt his clients, and now, even if it means he will lose clients, he advises them of potential risks as they seek to renegotiate their contracts. He begins to experience compassion for his client: we see Jerry's moral growth when he is clearly overwhelmed by feelings of concern and guilt when his one remaining client is injured on the field. Jerry also learns the importance of promise-keeping and trustworthiness, particularly when he begins to establish a personal relationship with his assistant and her young son. Maguire realizes that an ethical individual makes every reasonable effort to fulfill the letter and spirit of their promises and commitments. Jerry also learns the meaning of loyalty when his one remaining client and his assistant stay by his side as Jerry struggles to remain financially solvent
Jerry Maguire also demonstrates the importance of ethical mentoring. While Jerry is ethically immature in many respects, he is able to nurture ethical qualities in others. He reminds his only client of the joy of playing football just for the sportsmanship and to give up his obsession with "show me the money." Jerry's assistant remains by Jerry's side because she is inspired by Jerry's leadership. The importance of mentoring is underscored by the many scenes of father-son relationships in this complex film and how these parental or parent-surrogate figures are so important in sharing and teaching values. Jerry not only teaches and inspires others to be better, he is also taught and inspired by others. Through support and mentoring, Jerry Maguire learns the value of respect, accountability, and commitment to excellence and integrity.
Jerry Maguire demonstrates that adults are capable of change. Becoming an ethical person is part of a lifelong struggle for character. Maguire also reminds us of John Ruskin's maxim: "The highest reward for a person's work is not what they get from it, but what they become by it."
How do you raise the level of ethical consciousness of adults and children? Some psychologists, such as Lawrence Kohlberg, suggested that becoming an ethical person is part of a developmental process. Most of us develop "moral muscles" over a lifetime of experiences. The theory goes that as we have more experiences, we become better at ethical decision making.
But can we stimulate ethical growth instead of waiting around for it to happen? Certainly. There are a number of strategies we can employ to help individuals achieve their full ethical potential:
1. Discuss issues with ethical dimensions at the dinner table and at company meetings. Hardly a day goes by without a headline story that has ethical implications. For example, as of this writing, presidential candidates are in the midst of primary campaigns. Not only are their campaign tactics worthy of an ethics discussion, the campaign issues themselves require voters to sort out where they stand. Issues such as medical insurance, abortion, and immigration all deal with values and principles. Discussing these matters helps refine our ethical thinking skills and can teach respect for others' views.
2. Choose a quote for the day and ask others to explain it by giving examples. Good quotes can be obtain from any number of quotation reference books, but here are a few of my favorites:
A good conscience is the best pillow.--Abraham Lincoln
There is no witness so terrible
No accuser so powerful
As conscience which dwells within us--Sophocles.
I am only one but still, I am one.
I cannot do everything but I can do something.
And, because I cannot do everything,
I will not refuse to do what I can. ---Edmund Hale
One who thinks that money can do everything is likely to do anything for money.--Hasidic proverb
It's easy to be independent when you've got money. But to be independent when you haven't--that's the Lord's test.--Mahalia Jackson
The highest reward for a person's toil is not what they get for it, but what they become by it.--John Ruskin
3. Be a role model. Research studies indicate that indiviuals are cognitively attracted to people of superior ethical maturity. That puts a special burden on individuals who are ethically literate to speak up and do the right thing. These studies also suggest that being a role model is one of the best ways to teach others to make sound ethical decisions.
4. Seize a 'teachable moment." Everyy now and then, life throws an ethical dilemma in our path, often in full view of others. How you react is an object lesson for those around you. Others will watch what you do and say and and learn from you. If possible, discuss how you reacted and why. If the situation created a struggle for you, discuss it with others so they can learn from your mistake or from your achievement.
Ethical decision making can be taught. You don't have to be a great moral philosopher to be a teacher either. You just have to have a vested interest in making your world a better place.
