WHAT THIS CHAPTER PROMISES YOU CAN DO BY THE END
Learning Outcomes
Chapter 3 opens with three learning outcomes. They map directly onto the chapter's own structure: first learn to detect an ethical issue, then learn the recurring categories those issues fall into, then learn why spotting them stays hard even for well-intentioned organizations.
- Detect the signs of an ethical dilemma and assess the ethical dimension of a business decision.
- Classify recurring ethical issues in business relating to misuse of company resources, company stakeholder relationships, and employee workplace issues.
- Devise a strategy to address challenges in determining an ethical issue in business.
THREE OPENING SCENARIOS THAT SET UP THE WHOLE CHAPTER
Introduction — Stories From the Workplace
The chapter opens with three short workplace scenarios, each ordinary on its surface and each hiding a values conflict. They are worth knowing by name because in-text discussion prompts often refer back to them.
Scenario 1 — Grace and Selma
Grace and Selma are radiology technologists who share responsibility for mandatory quality control checks on X-ray equipment. It is Grace's week to run the checks, but she forgets. When Selma notices the missing documentation, Grace gets defensive ("I forgot to run the tests, have you never forgotten anything?") and fills in the forms using yesterday's data instead of admitting the gap.
Scenario 2 — Kai and the Bid
Kai works for a civil engineering firm competing for environmental compliance work on a new auto parts plant in South Carolina. Under pressure from his team to win the bid, Kai learns his friend Jack is doing temporary consulting work for the car parts manufacturer and has access to its data files. Kai asks Jack to search those files for information useful to strengthening the proposal.
Scenario 3 — Mateo and the Software
Mateo is new at a nonprofit and eager to impress his boss, Layla. Layla asks him to copy a software program for the entire staff because the budget can't cover a license for everyone, telling him, "Just do it. They charge too much for that software already."
What links all three: each is a normal part of doing business, yet each puts the employee at risk of an ethically compromised choice. An ethical dilemma occurs when a situation requires choosing among alternatives that create a values conflict among stakeholders — here, a conflict between the employee's personal moral philosophy and the organization's goals or culture. The chapter's own follow-up questions are worth sitting with: Would Selma lie for a coworker if asked directly? Would Mateo refuse his boss's order to make illegal copies (a form of stealing)?
The stakes are real, not hypothetical. Falsified radiology quality checks risk a patient receiving harmful radiation exposure. Unauthorized access to a competitor's data files could permanently damage Kai's firm's relationship with that client if discovered. And software piracy — which feels minor next to the other two because copying music, movies, and software is so culturally normalized — can expose a U.S. organization to damages totaling hundreds of thousands of dollars, with the individual who made the copies facing potential prison time if criminally prosecuted.
The chapter's framing question for the rest of Chapter 3: employees should expect to encounter ethical issues as a regular part of the workplace, so awareness of the common, recurring issues is what prevents lapses that create organizational risk. Three questions guide everything that follows — how can an employee recognize an ethical issue, what types of ethical issues arise in business, and how can one prepare for ethical dilemmas and professional risk?
FACTUAL VS. ETHICAL, AND WHY ISSUES HIDE IN PLAIN LANGUAGE
3.1 Recognizing Ethical Dimensions of Business
Executive leadership sets expectations for ethical behavior, but managers carry the day-to-day burden — setting the example, ensuring employees follow suit, and watching for ethical risks. A manager cannot cultivate an ethical culture without first knowing which ethical risks are most likely to affect the organization, which is why the first step in avoiding unethical business decisions is learning to anticipate and identify an ethical issue at all.
Two Dimensions of Every Decision
Scholar Herbert Simon observed that decisions have two dimensions — factual and ethical (Grier, 2013). The factual dimension relates to known, testable data. The ethical dimension describes what ought to be and involves value judgments. Businesspeople need to weigh both, but not every business decision has an obvious ethical dimension — the real challenge is anticipating which ones do, which requires thinking beyond the immediate decision to its long-term effect on stakeholders and the organization.
Defining an Ethical Issue
An ethical issue is a problem, situation, or opportunity requiring an individual, group, or organization to choose among several actions that must be evaluated as right or wrong, ethical or unethical. That sounds easy to spot in the abstract, but in practice the short-term profit motive routinely obscures the ethical dimension of an action — there is rarely time to weigh all stakeholders when employees are under pressure to close sales, win business, or cut costs. Personal career ambitions have the same masking effect.
Business decisions do not arrive labeled "Danger! I'm an ethical issue." Instead, ethical issues hide behind euphemism — "sign for me" instead of "forge my signature," or "make this accounting adjustment" instead of "enter this fraudulent entry." Recognizing the ethical dimension of business language, and knowing the recurring forms misconduct tends to take, is what equips an employee to spot the issue underneath the phrasing.
Which ethical issues a company is likely to encounter depends on its size, location, products and services, business strategy, and stage in the business cycle. Managers should weigh the legal, regulatory, and business landscape governing their industry, and employees themselves are a valuable resource for spotting the issues most likely to arise. Annual global surveys by the Ethics Resource Center and Ethisphere© track observed misconduct and employees' willingness to report it — Table 3.1 summarizes what employees report seeing most, comparing pre- and post-pandemic rates.
| Misconduct type | Pre-pandemic (%) | Post-pandemic (%) |
|---|---|---|
| Harassment or discrimination | 38.5 | 35 |
| Bullying | 20.1 | 33 |
| Retaliation or intimidation | 29.1 | 27 |
| Unfair employment practices | 26.5 | 25.2 |
| Conflicts of interest | 24.3 | 22.9 |
| Violation of health or safety policies or procedures | 10.2 | 11.3 |
| Misuse of company resources or assets | 12.3 | 10.9 |
| Accounting, financial reporting, or billing irregularities | 9.3 | 8.6 |
| Improper sales, advertising, or marketing practices | 6.1 | 6.6 |
| Fraud | 8.1 | 6.1 |
| Drug, alcohol, or substance abuse | 8.9 | 5.8 |
| Theft | 7.8 | 5.3 |
| Violence in the workplace | 6.9 | 5.2 |
| Improper record retention or destruction practices | 4.2 | 4.9 |
| Inappropriate procurement practices | 5.0 | 4.7 |
| Bribes or kickbacks | 5.5 | 4.7 |
| Unauthorized disclosure of confidential or proprietary information | 5.9 | 4.6 |
| Cyber security/privacy violation | 5.6 | 4.2 |
| Environmental violation | 5.7 | 4.2 |
| Antitrust violations, collusion with competitors, or other anticompetitive behavior | 4.9 | 4.1 |
| Inappropriate political activities or contributions | 3.6 | 3.6 |
| Inappropriate travel and expense reporting | 5.2 | 3.4 |
| Insider trading | 1.2 | 2.3 |
| Unauthorized media communication | 3.4 | 1.9 |
| Intellectual property or trade secret violation | 2.5 | 1.8 |
| International trade controls | 0.7 | 1.1 |
| Other | 15.1 | 12.1 |
Table 3.1 is reproduced from Ethisphere's 2023 Ethical Culture Report; harassment/discrimination and bullying are the two largest categories, and bullying nearly doubled its observed rate from pre- to post-pandemic — the chapter attributes much of workplace misconduct broadly to treatment-of-employees issues rather than headline-grabbing fraud.
Perception, Norms, and Instinct
Another factor in recognizing ethical issues is the shifting perception of what counts as honest or dishonest — societal norms move, and behavior once considered unacceptable can become commonplace. The chapter's example: mid-20th-century companies discouraged personal calls at the office as misuse of company property, but smartphones now let employees make and receive personal communications without using company property at all — shifting the ethical question toward whether personal communication wastes company time, not whether it misuses company equipment.
Despite these shifting norms, some behavioral tells reliably signal an ethical issue is present. Justifying an action because "everyone else is doing it," or reasoning that "no one will get hurt," both imply an underlying ethical consideration the person senses but is rationalizing past. Fear of discovery is another tell — phrases like "no one is going to complain," "I hope no one finds out," or "just this once" signal discomfort with an activity. Employees often question a request simply because "it didn't feel right" — an instinctive moral judgment built from family, social interaction, and personal experience.
PepsiCo's Ethics Decision Tool (Figure 3.1)
PepsiCo's Global Code of Conduct includes a decision-tree tool for employees confronting a possible ethics issue. It walks through a sequence of questions employees can ask themselves before acting on a gray-area decision.
The Two-Fold Test to Identify Ethical Dimensions
A business issue has an ethical dimension when it meets one or both of two tests: a rules-and-values test, and a stakeholder-consequences test. Formally, ethical dimensions exist when a business problem, situation, or opportunity has the potential for the business to knowingly or unknowingly (Pekel & Wallace, 2006, p. 3):
- "Violate a commonly accepted ethical principle… or stated business standard," and/or
- "Inflict significant, undue, inappropriate harm on any stakeholder."
PepsiCo's tool incorporates both tests. Its first question asks whether an action complies with the law; the next asks whether it meets company policy as expressed through codes of conduct and standards of operation — covering accurate accounting, appropriate use of company resources, and fair treatment of employees. A further question turns to the organization's stated ethical principles, such as integrity, truthfulness, and honesty.
Other questions in the tool address consequences for others, the decision maker, and the company itself. "Am I putting others at risk?" forces a stakeholder-harm check — an ethical dimension exists, for instance, if a decision could change employees' working conditions, hours, or tasks. The decision maker's own comfort level (an instinct check) and the personal consequences of getting caught (fines, jail time, job loss) also factor in. Finally, PepsiCo asks, "Will it hurt PepsiCo's reputation or cause our company to lose credibility?" — a situation carries ethical dimensions whenever the available choices could create reputational, financial, or operational risk for the company.
General frameworks like PepsiCo's help employees identify the ethical considerations of a business situation, but research shows some types of misconduct occur more often in certain industries and countries than others — which is exactly why the chapter turns next to the recurring categories of ethical issues employees are most likely to face.
THREE CATEGORIES, AND WHY MISCONDUCT IS RARELY A LONE ACTOR
3.2 Recurring Ethical Issues — Overview
Business ethical issues are rarely isolated misconduct by a few bad actors. Most violations involve more than one individual, which suggests misconduct is often pervasive within a functional area's or organization's culture — and employees at every level of management, and none, engage in it.
Post-pandemic studies find workplace disruption shifted misconduct toward the treatment of employees — harassment, discrimination (including favoritism), and bullying rose in prominence. The 2023 Ethics Resource Study found 12% of surveyed employees observed corruption (bribes and kickbacks), and both major studies found nearly a third observed conflicts of interest, including nepotism, permeating the organization.
Ethical misconduct, broadly, occurs when one stakeholder group takes advantage of another. The chapter organizes recurring ethical issues into three categories, each covered in its own subsection below: misuse of company resources, ethical issues in company–stakeholder relationships, and employee workplace issues.
OCCUPATIONAL FRAUD — CASH, TIME, EQUIPMENT, AND INFORMATION
Misuse of Company Resources
Misuse of company resources is a form of occupational fraud — "the use of one's occupation for personal enrichment through the deliberate misuse or misapplication of the employing organization's resources or assets" (Association of Certified Fraud Examiners, 2024, p. 7). Both managerial and nonmanagerial employees can misuse company cash, inventory, time, supplies, equipment, and information.
Per the ACFE's Occupational Fraud 2024 report, misappropriation of company assets accounts for more than 89% of fraud cases globally, averaging $120,000 per incident. The most common schemes are billing schemes (submitting invoices for fictitious goods/services, inflated invoices, or personal purchases) and noncash schemes (stealing product or selling confidential customer information). Check and payment tampering is the costliest single category, averaging $155,000 stolen per incident.
Misuse also covers nonbusiness use of company time, phones, copiers, internet, email, vehicles, and other equipment — the chapter's example is an employee running a side real estate business on company time and equipment (client calls, using the copier and fax for closings, extending lunch to show houses). Many companies tolerate limited personal use of phone/internet/email outside work hours and without distraction from work, and managers have grown more accommodating of blurred work–family boundaries since remote work expanded during COVID-19 (Huyghebaert-Zouaghi et al., 2022).
Most organizations also maintain strict internet/email guidelines to protect data — remote-work transitions increased malware and data breaches from unsecured laptops, virtual meeting platforms, and stretched security staff (Kshetri, 2021). Attacks initiated by current or disgruntled employees are the costliest breach type, averaging USD 4.90 million globally (IBM Corporation, 2023). In one 2020 case, a fired employee at a medical device packaging company used a fake username to manipulate shipping records, delaying delivery of urgently needed PPE during the pandemic (U.S. Attorney's Office, 2020).
Stealing
Stealing/theft has consistently ranked in the top ten of observed workplace misconduct (Ethisphere©, 2023a). It includes "borrowing" funds or goods even with a genuine intent to repay, and appropriating or removing surplus materials for personal use. The restaurant industry estimates employee inventory theft can cost up to 4% of sales (Strenk, 2011); retail loses up to 3% of inventory to employee theft, shoplifting, and robbery combined (National Retail Foundation, 2021) — the average dollar loss per dishonest-employee case for U.S. retailers was $1,551.66 in fiscal year 2020.
Expense account cheating is another stealing variant, costing U.S. companies roughly $50,000 per case on average, with most going undetected for 18 months (Association of Certified Fraud Examiners, 2024). Wells (2003) identifies four common approaches:
- Mischaracterized expenses — representing a nonbusiness transaction as a legitimate business expense (e.g., submitting a dinner-with-friends receipt as a customer selling opportunity).
- Overstated expense reports — inflating the actual expense and pocketing the difference (e.g., adding $20 to a taxi receipt or a larger tip than was actually paid).
- Fictitious expenses — submitting false documentation for expenses never incurred (e.g., a manager claiming mileage for meetings that never happened).
- Multiple reimbursements — resubmitting the same invoice as a different purchase (e.g., copying an office-supply receipt and claiming it again the following month).
Theft of a client's property or funds carries added reputational and legal-liability risk for the employer. Occupational fraud here includes using a position of trust to steal cash or valuables, making unauthorized withdrawals or credit card charges, or misappropriating a client's income or assets. A USA Today investigation documented recurring employee theft from nursing home residents' savings (Eisler, 2013) — in one Mississippi case, an office employee billed $101,000 in personal expenses to the trust accounts of 83 residents across multiple facilities, undetected by any company audit, until a $90 designer jeans receipt caught an administrator's eye because the "purchasing" resident was a double amputee.
First-time offenders commit most occupational fraud (Association of Certified Fraud Examiners, 2024) — the trusted, unlikely employee, not the career criminal. After discovering an employee's fraudulent loan account, a credit union executive remarked, "You don't know what's going on in their lives. A long-time employee could have a setback in his or her personal life that makes them desperate" (Dahl, 2012, p. 16). Practical prevention levers include employee wellbeing and fair compensation — higher wages reduce cash-register and inventory theft in retail (C. X. Chen & Sandino, 2012) — and fairly administered incentive rewards (J. S. Johnson et al., 2022).
Leaking Corporate Intelligence
"Loose lips sink ships": employees have access to confidential information whose disclosure could harm people, projects, or the firm's competitiveness — customer lists and data, proprietary processes, secret formulas, financial projections. Unauthorized disclosure carries legal exposure on both sides; HIPAA violations involving patient health information, for example, can bring fines up to $1.5 million for the company plus criminal charges against the employee (U.S. Department of Health & Human Services, n.d.).
In the U.S., the Uniform Trade Secrets Act and Defend Trade Secrets Act protect company information from competitors, with comparable laws in Europe, Japan, China, and India. A trade secret is commercially valuable information the owner has taken reasonable steps to keep secret — formulas, patterns, compilations, programs, devices, methods, techniques, business records, or data. A 2017 survey of senior executives named former and current employees as the greatest threat to trade secrets (McKenzie, 2017). Krotoski (2009, p. 3) catalogs recurring misappropriation scenarios:
- A trusted, disgruntled employee downloads and transmits valuable company information to outsiders who offer it to the highest bidder.
- An employee who learns how a new prototype is made forms his own company and uses the trade secret to launch a competing product.
- Employees executing a plan to steal proprietary information and take it abroad are stopped at the airport.
- An employee offered a senior role at a direct competitor uses his supervisory access to obtain proprietary information he wouldn't normally see, then resigns and takes it to the new employer.
Real cases span industries: three financial firms suffered breaches when employees emailed themselves stolen proprietary software code. A former chemical company employee served two years in federal prison for disclosing silicon-based and rubber product formulas to a Korean competitor (U.S. Attorney's Office, 2014). Coca-Cola's formula is a famously guarded trade secret — in 2006, Pepsi alerted the FBI after three people, two of them Coca-Cola employees, offered to sell Coca-Cola trade secrets (Krotoski, 2009).
Not all leaks are for personal gain. Social platforms (Facebook, TikTok, YouTube) give employees a forum for personal expression where they may ignore confidentiality policies, justifying disclosure as a right to be heard (Sussman, 2008). More than half of active social networkers post about work projects, and a third comment on coworkers, management, or customers (Ethics Resource Center, 2013a) — the study's blunt conclusion: "workplace 'secrets' are no longer secret, and management must assume that anything that happens at work… could become publicly known at almost any time" (p. 9). Employees have been fired for racist posts made "in jest" and for work-related criticism posted publicly (Carr et al., 2023; Paré & Smith, 2023).
Insider Trading
Insider trading is trading corporate securities based on access to nonpublic information. Ordinary buying/selling of stock by employees and directors is legal in the U.S. with SEC disclosure; it becomes illegal and unethical when officers, directors, or employees trade while knowingly possessing information obtained through a fiduciary duty or position of trust — and equally illegal when that information is shared with friends, associates, or family who then trade on it ("tipping").
Insider trading laws protect investors and market confidence. It is a U.S. federal crime carrying convictions of up to 20 years; enforcement spread from a handful of countries in the 1990s to 87 countries by the early 2020s (Kang, 2022). The chapter stresses that insider trading isn't limited to corporate officers or directors — any employee with privileged access can be implicated, as can family members who overhear confidential information without directly working for the company. In 2013 the SEC charged a Green Mountain Coffee Roasters IT employee (with server access to confidential earnings data) and a friend with insider trading; the two, plus the friend's mother, realized $7 million in illegal profits over three years (U.S. Securities and Exchange Commission, 2013d). In 2023, Tyler Loudon was charged with $1.76 million in illegal profits after overhearing his wife's remote work calls about a merger she was managing for BP (U.S. Securities and Exchange Commission, 2024).
The SEC identifies these groups as recurring insider trading targets (U.S. Securities and Exchange Commission, 2024):
- Corporate officers, directors, and employees trading securities after learning significant confidential developments.
- Friends, associates, family, and other "tippees" who trade after receiving such information.
- Employees of law, banking, brokerage, and printing firms given such information to service the corporation.
- Government employees who learn of it through their employment.
- Anyone else who misappropriates and exploits confidential employer information.
Penalties for firms profiting from insider information can be severe: Sigma Capital Partners paid nearly $14 million to settle SEC charges that its portfolio managers used confidential information for gains (U.S. Securities and Exchange Commission, 2013f); CR Intrinsic Investors settled insider trading charges for more than $600 million after its portfolio manager avoided losses by selling a pharmaceutical stock ahead of negative, non-public clinical trial results.
TRUTHFUL COMMUNICATION AS THE BASELINE EXPECTATION
Ethical Issues of Company–Stakeholder Relationships
The second recurring category concerns relationships with company stakeholders. An ethical business promotes truthful communication with all of them. As Chapter 2 established, stakeholders have a two-way relationship with the business: consumers expect safe products that perform as promised; distribution channels rely on fair, reliable inventory; companies trust customers to pay promptly; shareholders expect accurate financial reporting; suppliers want honored contract terms and accurate estimates while companies need reliable supply; the community expects environmental respect; and competitors, as community stakeholders, expect a fair business environment.
Misconduct here occurs when one party in a relationship misuses its influence to gain a direct or indirect benefit — lying, fraud, conflicts of interest, bribery, and kickbacks. In the 2016 ECI Global Business Ethics Survey, employees in nearly every country cited top managers lying to employees, customers, vendors, or the public over a period exceeding two years (Ethics & Compliance Initiative, 2016a).
Some misconduct hits external stakeholders directly. Since the 2005 National Business Ethics Survey®, over 10% of respondents every year have been aware of their employer delivering substandard goods or services (Ethics Resource Center, 2012a, 2013b); in the 2016 Global Business Survey, 35% of employees in India reported their company delivered goods or services failing to meet specifications (Ethics & Compliance Initiative, 2016a, p. 35). Violating contract terms hits suppliers and distribution channels whose livelihoods depend on the relationship. Extraction industries (mining, oil, gas) can affect water supply and lifestyle for indigenous communities (Pelosi & Adamson, 2016; Tedmanson, 2009). But the most prevalent observed misconduct in this category is conflicts of interest and lying to external stakeholders — covered next.
COMMISSION VS. OMISSION — AND WHAT PEOPLE ARE ACTUALLY COMFORTABLE WITH
Lying in Business
Lying occurs when someone makes a statement they know to be false — reflecting a lack of honesty or trustworthiness. An untrue statement believed true at the time is not a lie, since most definitions of lying require intent to deceive (Carson, 1988; G. E. Jones, 1986). Some lies are trivial — fibbing about your age, or the price of new shoes — and business has its own version of the social white lie: blaming "terrible traffic" for lateness, or telling an aggressive sales rep "I'll get back to you" to exit a conversation gracefully (Bonanos, 2013).
Two more consequential types of lying matter more in business:
- Commission lying — making a statement that intentionally deceives the receiver of the message.
- Omission lying — intentionally withholding relevant information.
Research on business negotiations finds most people are more comfortable lying by omission than by commission (Schweitzer & Croson, 1999). The chapter's worked example: you're selling your Honda Civic, know from your mechanic it will soon need costly (but not urgent) transmission repairs, and the car otherwise runs fine. Not mentioning the problem unprompted is a lie of omission; if a buyer asks directly and you say "the car works perfectly and has no problems," that's a lie of commission. Research shows people are far more likely to volunteer the repair information to a friend buying the car than to a stranger, and with strangers will typically only disclose if directly asked (Schweitzer & Croson, 1999).
Omission lying is common across sales and service industries — used car sales being the classic case, where caveat emptor (buyer beware) is presumed to govern and buyers are expected to ask pointed questions to surface a lie. In financial services, this asymmetry has real teeth: an investigation of U.S. stockbrokers found more than 1,600 with bankruptcies or criminal charges who failed to disclose that history to investors (Eaglesham & Barry, 2014) — brokers with misconduct records draw more customer complaints about inappropriate investments, sometimes costing clients their life savings.
WHEN A LIE CAUSES A LOSS
Fraud — Accounting and Marketing
Fraud is a deceptive act by a person, group, or organization that causes another to part with something of value or surrender a legal right. The ACFE estimates companies incur over $3.1 billion in annual fraud losses; what counts as fraud varies by context, but two forms matter most here: accounting fraud and marketing fraud (occupational fraud, employee misuse of resources, was covered above).
Accounting Fraud
Accounting fraud is misrepresenting a company's financial reports through misstatement or omission of material information. It hurts investors and employees alike by misstating financial viability — after Enron's collapse from fraudulent accounting, thousands of employees lost jobs, healthcare, and pensions overnight. The Sarbanes-Oxley Act of 2002 was designed to improve disclosure and impede fraud in the U.S., yet financial statement fraud persists, averaging about $766,000 per case (Association of Certified Fraud Examiners, 2024).
Accounting fraud is more often perpetrated at the senior executive level, typically rationalized as a temporary fix until the company's situation improves. WorldCom whistleblower Cynthia Cooper, the company's former internal auditor, recounted that controller and accounting staff made false entries under pressure from CFO Scott Sullivan (C. Cooper, 2008) — when a large telecom line-leasing expense threatened to drag earnings below expectations, Sullivan had line-cost expenses reduced to protect the stock price, framing it as a one-time adjustment. Those transactions were only a small part of WorldCom's $3.8 billion scandal, which also involved double-counting revenue, undisclosed debt, and booking unrealized revenue (Haddad, Foust, & Rosenbush, 2002).
Common accounting fraud techniques include:
- Accelerating revenues — booking future receipts as if earned today.
- Delaying expenses — pushing current expenses into a future period.
- Other income or expense — a catch-all label for hiding excess income or expenses.
- Pension plans — deflating or inflating financial position by adjusting plan contributions.
- Off-balance-sheet items — hiding liabilities and expenses in other entities the corporation owns.
Accounting fraud is hard to detect — WorldCom's deceptive entries went undiscovered for three years, and everyone from the CFO down to accounting clerks needs to recognize the warning signs, which include: frequent changes to estimate procedures, unexpected areas of profitability, recurring negative cash flows during periods of earnings growth, revenue reported after cut-off periods, rapid growth versus peers, abnormal management pressure on accounting-principle selection, write-offs on loans to directors/officers, requests for bank accounts in nonoperational locations, frequent bank account changes, budgets landing suspiciously "right on the money," unusual budget-to-actual ratios, and recurrent expense reclassification.
Table 3.2 catalogs the major accounting scandals of the past three decades, which is worth knowing by name and rough scale.
| Company — year — amount | Industry | Fraudulent activity | Outcome |
|---|---|---|---|
| Sunbeam Products, 1996-1997, $60 million | Consumer durables | Understated inventory value, underreported cost of goods sold, recognized revenue from undelivered goods, channel stuffing. | CEO and CFO settled SEC civil charges; senior management terminated. |
| Waste Management, Inc., 1998, $1.7 billion | Trash collection and disposal | Misrepresented depreciation for property, plant, and equipment; excess revenues. | Senior management sued for fraud; company settled civil litigation for $457 million. |
| Xerox Corporation Ltd., 1997-2000, $1.5 billion | Office equipment | Booked revenue from foreign subsidiaries before earned; misclassification of assets. | $10 million fine. |
| Enron, 2001, over $1 billion | Energy | Boosted profits and hid debts via off-the-books partnerships, manipulated the power market, bribed foreign officials. | Bankruptcy; convictions of fraud; jail time. |
| WorldCom, 2002, $3.8 billion income / $400 million in loans | Telecommunications | Misreporting of expenses and off-the-book loans to CEO. | CEO charged with fraud, sentenced to 25 years; CFO and other executives pleaded guilty to criminal fraud. |
| Tyco, 2002, $600 million | Diversified manufacturer | Unauthorized loans and payments to senior executives. | Senior management indicted for corruption, conspiracy, grand larceny, falsifying records. |
| Parmalat SpA (Italy), 2003, 8 billion euros | Dairy products | Reporting nonexistent assets. | CFO and founder receive jail time; assets frozen. |
| Ahold (Netherlands), 2003, 900 million euros | Groceries and food distribution | Overstated income by recognizing manufacturer rebates and discounts prior to sale. | CEO and CFO resigned. |
| HealthSouth Corporation, 2003, $1.4 billion | Healthcare | Reported nonexistent assets and underreported revenues. | Accounting fraud charged; prison time for bribing an official. |
| Satyam Computer Services (India), 2009, $1.5 billion | Information technology services | Falsified revenues, margins, and cash balances. | Company board dismissed; founder confessed and has faced continuing legal battles. |
Accounting fraud is a white-collar crime — economic offenses committed through fraud, deception, or collusion (Simpson, 2013) — and courts and the public tend to treat it as less serious than crimes against people or property, despite comparable devastation to victims. Research finds financial statement fraud perpetrators face significantly more internal organizational pressure than other defrauders, and men increasingly commit fraud more than women at every authority level; at the owner/executive level, median losses attributed to men significantly exceed those attributed to women (Association of Certified Fraud Examiners, 2024).
Marketing Fraud
Marketing fraud covers illegal practices in distributing, promoting, and pricing products or services — deceptive advertising, questionable selling methods, unfair pricing — all of which erode customer trust that is difficult to rebuild. Bait and switch advertising occurs when a company offers an appealing deal, then changes it once consumers make direct inquiries. The FTC enforces truth-in-advertising laws requiring ads to be truthful and evidence-supported, but disclosure requirements are often satisfied technically while being buried in dense fine print, small-type footnotes, ignored hyperlinks, or briefly flashed on-screen text.
Violations bring fines and consumer restitution. Razer Inc. marketed a mask in 2021 as an N-95 respirator preventing COVID-19 infection without regulatory certification, selling it for $99–$149 despite calls to stop; the FTC's 2024 settlement included a $100,000 civil penalty plus $1,071,254.33 in refunds to defrauded consumers (FTC, 2024c, para. 13).
FDA regulations require prescription drug advertising to disclose the drug's name (brand and generic), at least one FDA-approved use, and its most significant risks (FDA, 2024) — with risks presented in a balanced way alongside benefits, and spoken aloud (not just streamed as on-screen text) in television ads.
Deceptive pricing communication prevents consumers from accurately judging a product's value. Table 3.3 (Romani, 2006) catalogs common misleading pricing tactics — worth knowing as a checklist, since these patterns recur across industries.
| Practice | Example |
|---|---|
| Comparison between retail price and seller's subjective, exaggerated evaluation | A ring claimed to retail over $5,000 is offered at $2,000, based on an unsubstantiated estimate meant purely to create incentive to buy. |
| Comparison between retail price and a fictitious, exaggerated competitor's price | Claims like "always the best prices" imply the dealer beats all competitors, though not every price is actually lower. |
| Lower advertised price than the actual selling price | A cheese promotion advertises a discounted per-kilogram price, but during the promotional period the product is sold at full price instead. |
| Advertised price applies to a different, inferior product | A car ad features a five-door sedan with airbags and air conditioning at $28,000, but the price actually applies to the base three-door model. |
| Unclear price due to graphics used | A per-minute call rate is advertised prominently while an asterisk directs to fine print disclosing a much higher true rate plus fees. |
| Incomplete multidimensional prices | "Monthly payments from only $100 and no deposit" omits the total price, number of payments, and any upfront costs. |
| Incomplete partitioned prices | "$49.99 plus postage & packaging" fails to specify the additional amount. |
| Posted prices lower than consumers ultimately paid | A funeral home advertises a cremation package price that, once "included" items are billed separately, doubles. |
| Price omits hidden fees for basic services | Online flight prices exclude service fees, taxes, seat selection, and luggage charges. |
| Feature included in the advertised price is charged as an add-on | A "Certified Preowned" car is advertised at one price, then a separate "inspection fee" is charged for the certification itself. |
OUTSIDE BUSINESS, NEPOTISM, AND GRATUITIES
Conflicts of Interest
A conflict of interest is a situation in which regard for private interest or gain leads to disregard for the needs of a company or company stakeholder. It is one of the most persistently observed categories of misconduct: 17% of U.S. cases from 2004-2013 (Ethics Resource Center, 2012a, 2013b), and a decade later still the third most observed misconduct type globally, ranging from 18% in North America to 31% in Africa and the Middle East (Ethics Resource Center, 2023b). Ethisphere© (2023a) found 24% of employees observed conflicts of interest before the pandemic, dropping slightly to 22% in 2023.
Conflicts of interest are especially hard to identify because they can exist even without any unethical conduct actually occurring — the risk lies in the situation itself, not necessarily the outcome. Sales reps, buyers, and hiring managers are especially exposed to losing objectivity when negotiating terms, selecting suppliers, or recruiting. Training typically covers three recurring topics: outside business interests, nepotism, and supplier/customer gratuities.
Outside Business Interests
Transactions with outside businesses must serve the company's best interest. An "outside business" broadly includes any person, partnership, firm, corporation, or entity that supplies or seeks to supply goods/services, or transacts or seeks to transact business resulting in company reimbursement or compensation. A conflict arises when an employee in a position of influence stands to gain personally or financially from a transaction with an outside business — employees should disclose any personal connection (partial ownership, being a customer, family employment) and recuse themselves from the decision.
Outside employment (moonlighting — owning a business, consulting, teaching, other for-profit work outside normal hours) is usually not restricted by companies unless the second job or business has a current or future relationship with the employer. The chapter's example: Sofia, an ABC Company employee, invents a cleaning product at home and starts a business to sell it. Whether her company can buy from her depends on the company's specific policy — some allow the sale as long as Sofia stays out of the purchasing decision; others forbid any employee from owning a company that supplies goods or services to the employer at all.
Nepotism
Nepotism is favoritism toward family members or friends in employment or economic benefits — hiring relatives or close personal connections without regard to merit, or purchasing from a family member's company. It's a conflict of interest whenever the underlying decision is made for personal rather than business reasons, and it can seriously damage a company's reputation for fair, equitable practices. Objectivity is hard to maintain about people you're emotionally close to — those relatives and friends may also expect preferential treatment, putting the employee in a position of choosing between business interests and risking a friendship or embarrassing family.
Companies mitigate this with clear policies covering hiring family/friends and interacting with them as suppliers, contractors, consultants, customers, or competitors — including a rule most companies adopt: no family member may make hiring, retention, transfer, promotion, wage, or leave decisions about another family member, and most forbid direct or indirect reporting relationships between family.
United Airlines' code of conduct provides a model example: an employee asks, "My spouse and I are on the same team. I am contemplating applying for the team lead position. Can I do so?" (United Airlines, 2023, p. 6). She asked before applying — the correct move — and the policy states that a manager "may not manage (directly or indirectly) a family member or someone with whom you have a close personal relationship" (p. 5), which may block this particular promotion. The department manager still has to find the most ethical resolution for everyone involved.
Supplier and Customer Gratuities
Exchanging gifts, meals, entertainment, and other gratuities with suppliers and clients can build goodwill — but a conflict of interest arises when gifts or entertainment are meant for personal gain or appear to influence business decisions. Accepting or offering gifts can look like buying favorable treatment, and gifts/entertainment used to obtain or retain business is a form of corruption, illegal in many jurisdictions — which leads directly into bribery and kickbacks.
THE FCPA, CHARITABLE-DONATION DUE DILIGENCE, AND KICKBACK SCHEMES
Bribery and Kickbacks
Corruption is the abuse of entrusted power for private gain. Bribery is the offering, promising, giving, accepting, or soliciting of gifts, loans, fees, rewards, or other inducements for an action that is illegal, unethical, or a breach of trust — in business, this typically means improper payments to win or retain contracts, ease bureaucracy, or bypass regulation. Transparency International rates 180 countries on perceived public-sector corruption (0 = highly corrupt, 100 = exceptionally clean); in 2022, more than two-thirds of countries were rated corrupt as governments absorbed the pandemic's economic fallout, civil unrest, and weakened democratic institutions (Transparency International, 2023).
Corruption tilts the playing field against firms that can't afford to pay higher bribes. A 2015-2021 study of developing-country firm performance confirmed smaller firms saw lower sales growth, employment, productivity, and innovation than medium/large firms, and found bribery and credit-access constraints hurt enterprises even more during COVID-19, since "public officials exhibit a higher tendency towards predatory behaviour during a crisis" (Priya & Sharma, 2023, p. 16).
The Foreign Corrupt Practices Act
The Foreign Corrupt Practices Act of 1977 (FCPA) makes it illegal for any U.S. company or person to bribe foreign government officials to obtain or retain business. Bribery-seeking advantages include favorable tax treatment, avoided customs duties, government protection from competition, permits issued without inspection, and lucrative government contracts. The FCPA does not ban charitable donations outright, but it prohibits masking bribes as charitable giving — the DOJ and SEC provide guidance for global managers, and recommend weighing five questions before making a charitable payment abroad (United States Department of Justice, 2020):
- What is the purpose of the payment?
- Is the payment consistent with the company's internal guidelines on charitable giving?
- Is the payment at the request of a foreign official?
- Is a foreign official associated with the charity and, if so, can that official make decisions affecting your business in that country?
- Is the payment conditioned upon receiving business or other benefits?
Going Global: Donation or Bribe?
Martin Wong manages the Chinese subsidiary of an American automaker and is arranging expatriate assignments for six U.S. managers relocating with families to oversee a new factory in a central Chinese town. He needs to enroll the managers' children at the city's most prestigious school, which has a long waitlist. The schoolmaster hints that a sizeable donation for sports equipment and uniforms would help move the children up the waitlist for the coming year — and separately mentions his brother, a high-ranking government official, could help expedite the factory's permits.
Questions to consider: What ethical issues are evident in Martin's situation, and what business standards and laws apply? What stakeholder groups are affected? What due diligence should Martin undertake before donating, and what should his next steps be? How should Martin communicate with headquarters and the expatriate managers about the school-admission challenge without jeopardizing his own reputation within the company?
Kickbacks
Kickbacks are a reward or compensation for making or fostering business arrangements — a form of bribery especially prevalent in health and construction marketing, and a frequent target of regulatory scrutiny. In 2013, Johnson & Johnson agreed to a $2.2 billion settlement over criminal and civil investigations into marketing of the antipsychotic Risperdal, including alleged kickbacks worth millions of dollars to physicians and a nursing home pharmacy distributor (Verschoor, 2014). In 2023, a former New York construction executive was indicted for a decade-long kickback scheme awarding subcontractor business, netting him $5 million (Brenzel, 2023); separately, 70 public employees in the New York housing authority were charged with receiving over $2 million in kickbacks to award maintenance contracts (Van Voris, 2024).
THE THIRD CATEGORY — WHAT EMPLOYEES OWE EACH OTHER AND ARE OWED
Employee Workplace Issues — Lying, Discrimination, and Abusive Behavior
The third recurring category concerns the employee-employer relationship itself. Employees provide labor; employers compensate skill and productivity — and within that exchange sit several distinct ethical issues, since employees want a workplace they consider just, fair, and right. Table 3.4 (2023 Global Business Ethics Survey) shows the most common workplace misconduct by world region — favoritism, improper hiring practices, conflict of interest, and management lying to employees, all measured as a percentage of employees observing each.
| Misconduct type | Africa & Middle East | Asia Pacific | Caribbean/Central/South America | Europe | North America |
|---|---|---|---|---|---|
| Favoritism | 50% | 28% | 40% | 34% | 34% |
| Improper hiring practices | 41% | 23% | 30% | 23% | 20% |
| Conflict of interest | 31% | 24% | 30% | 20% | 18% |
| Management lying to employees | 37% | 24% | 26% | 26% | 23% |
Ethisphere©'s culture survey similarly finds workplace misconduct clustering around harassment/discrimination, bullying, fair employment practices, conflicts of interest, and health/safety violations including workplace violence. Ethical issues in this category include lying to employees, discrimination in hiring, abusive behavior and harassment, health/safety violations, and privacy breaches — each covered below.
Lying to Employees
Catching a manager in a lie is a consistent workplace ethical issue — 26% of employees report observing managers lie (Ethics Resource Center, 2023b), whether by blaming others, taking undue credit, or breaking promises. The most common complaint is that companies withhold crucial information through omitted negative news or half-truths. Even when management believes it's protecting employees from unwelcome news, employees want the information — whether the company is struggling financially, or layoffs are coming. Honesty from managers builds reciprocal honesty from employees; distorting the truth erodes both trust in the manager and confidence in the company.
Discrimination
Discrimination is unjust or prejudicial treatment of people on arbitrary grounds (race, gender, age) that denies opportunities such as employment or promotion. The key word is arbitrary — a person's gender or skin color is irrelevant to job performance, so denying opportunity on that basis is arbitrary. It is not discrimination, by contrast, to deny an opportunity based on a genuinely job-relevant characteristic — the chapter's example is denying an air traffic controller position to a blind applicant, since eyesight is a necessary job requirement, not an arbitrary exclusion.
Employment discrimination — prejudicial treatment in hiring, promotion, and termination — is the form most relevant to business. In the U.S., Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, or national origin. The EEOC enforces federal laws making it illegal to discriminate based on age (40+), disability, genetic information, national origin, sex (including pregnancy), race, religion, sexual orientation, and gender identity — and illegal to retaliate against someone for complaining, filing a charge, or participating in a discrimination investigation or lawsuit. Affirmative action refers to policies that seek out, encourage, and sometimes give preferential treatment to employees in Title VII-protected groups.
Globally, 80% of UN member countries (153 of 193) prohibit workplace discrimination, though scope, employer responsibilities, and retaliation protections vary widely by country (Heymann et al., 2023) — a real consideration for multinational employers. Critics of affirmative action argue hiring should rest purely on merit, or that preferential hiring by race/gender is itself a form of discrimination against other groups; in 2023 the U.S. Supreme Court disallowed race as a plus factor in higher-education admissions (Ashley, 2023), prompting public and private organizations to review hiring practices. A 2023 study found support for race- and gender-based affirmative action stronger in the U.S. private sector than the public sector (Hsu & Riccucci, 2024).
Avoiding discrimination requires basing hiring, promotion, and reward decisions on individual merit only — never on legally protected personal characteristics. EEOC press releases document ongoing cases across age, disability, gender, and race, including retaliation cases — one federal contractor was fined $82,500 for firing a Black woman recruiter who opposed the company's discriminatory rejection of candidates based on age, race, or national origin (U.S. Equal Employment Opportunity Commission, 2023). Research also finds HR staff who would normally include all qualified candidates can fail to recognize discrimination when management favors a specific candidate (Phillips & Jun, 2022) — an example of favoritism, unfair preferential treatment in hiring, salary, support, task allocation, workload, training, or promotion, which breeds a sense of unfairness and reduced effort among those who feel undervalued (Shamsudin et al., 2023).
Abusive or Intimidating Behavior
Abusive or intimidating behavior is among the most common workplace ethical problems. Bullying is repeated, abusive behavior that harasses, offends, socially excludes, or belittles a person or group — profanity, gossip, derisive jokes, public humiliation, or blocking someone's promotion or actively campaigning to have them fired. When bullying creates an intimidating, hostile, or offensive work environment, it becomes harassment, which is illegal and carries legal/financial liability risk when it involves offensive comments, jokes, or images tied to race, religion, ethnicity, gender, or age.
Bullying rose during the pandemic, plausibly linked to younger workers and increased social media use (Ethisphere, 2023a). An ILO/Gallup poll found 17.9% of global respondents experienced psychological violence or harassment at work (insults, threats, bullying, intimidation); the Americas showed the highest rates, at 31.5% of women and 27.6% of men, with half of them experiencing it more than five times over their working life (International Labour Organization, 2022).
Sexual harassment is unwelcome or intimidating behavior that asserts power over someone because of gender identity — unwanted advances, flirtation, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature. The EEOC treats sexual harassment as sex discrimination under Title VII, defining two illegal forms: quid pro quo (submission to sexual activity required to get or keep a job) and hostile environment (sexually offensive conduct so pervasive it makes work unreasonably difficult). The EEOC (1997, para. 3) clarifies several circumstances: the victim or harasser can be either gender and need not differ in sex from each other; the harasser can be a supervisor (in the victim's chain or not), a coworker, or a nonemployee; the victim need not be the person directly harassed, but anyone affected by the conduct; harassment can be unlawful without any economic injury or discharge; and the harasser's conduct must simply be unwelcome.
The same ILO/Gallup poll found 205 million people have experienced sexual harassment in their working life globally, 147 million within the last five years, with people in the Americas twice as likely to report it as those in other regions, and women experiencing it more than men overall — particularly in the African region (International Labour Organization, 2022, p. 24).
OSHA, LABOR STANDARDS, AND THE MONITORING TRADE-OFF
Health, Safety, and Privacy in the Workplace
Health or Safety Violations
Employees expect employers to place health and safety above every other business concern. More than 2.8 million U.S. private-industry workers are injured or become ill on the job annually (Bureau of Labor Statistics, 2023); injuries dropped in 2020 as pandemic work stoppages reduced exposure, while illness rose due to respiratory illness including COVID-19. The National Safety Council (2024) estimates total 2021 U.S. work-injury costs at $167.0 billion in lost wages, medical/administrative costs, and motor vehicle/fire losses.
Worldwide, an estimated 395 million employees were injured at work and 3 million died from work-related accidents or disease (International Labour Organization, 2023); mining, construction, and utilities remain the most dangerous sectors globally, and Asia-Pacific — home to the world's largest workforce — accounts for 63% of global work-related deaths. Natural disasters, public health emergencies, and remote work all complicate employee health and safety planning.
In the U.S., the Occupational Safety and Health Act guarantees workers a job free from recognized hazards likely to cause death or serious harm, enforced by OSHA, whose mission is "to assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance" (OSHA, 2014a, para. 1). OSHA's most frequently cited standards concern fall protection, manufacturing safeguards, and respiratory illness protections. Enforcement regimes vary by country — breaching safety duties can carry criminal penalties in Russia, France, and Italy, for instance.
Labor standards govern the conditions under which a company's employees — or those of its suppliers, subcontractors, or others in its commercial chain — work. In the U.S., the Fair Labor Standards Act sets minimum wage, overtime, recordkeeping, and child labor standards, but fair-wage laws and acceptable working conditions vary enormously worldwide. Multinational companies including Nike, Apple, and Walmart have faced criticism for sourcing from factories where employees, sometimes children, work long hours at low wages under unsafe conditions — prompting many global companies to adopt supplier codes of conduct prohibiting sweatshops and child labor.
A genuine safety culture goes beyond regulatory compliance. The chapter contrasts a profit-first mindset — a general manager quoted as saying, "Before you tell me I have to do something, you provide me with the probability and financial implications of getting caught not implementing these safety requirements… Everything is a business decision here" (Wachter, 2011, p. 50) — with an ethics-based safety program that produces healthier workers, fewer accidents, and higher quality. Geller (2006, pp. 39-40) lists the qualities of such a program, including: all employees comply with safety rules at all times; employees proactively search for and correct hazards; line workers eagerly participate in safety activities with positive recognition; safety issues are communicated openly without fear of reprimand; incidents are treated as system-failure learning opportunities rather than occasions to assign individual blame; training builds the knowledge and skill to work safely; employees understand the hazards of their work and take no unnecessary risks; managers never knowingly or mindlessly encourage risk-taking; behavior-based feedback is constructive and routine; and peer pressure works toward safety rather than against it.
Privacy Issues
Privacy breaches occur when employers seek and use information about employees' health, work activities, or even off-the-job lifestyle. In a business context, privacy rights protect an individual's personal life from unwarranted employer intrusion. Electronic monitoring, video surveillance, and drug/alcohol testing are the recurring flashpoints. Employer intrusion into personal life can raise employee stress and lower productivity, health, and morale (American Psychological Association, 2023); employees also worry monitoring interferes with unionizing, or that health information could enable discrimination.
Organizations monitor employee activity to detect internal/external threats, protect employees and stakeholders, support employee wellness, and manage productivity. As of 2021, 78% of employers reported using employee monitoring software to track performance (Belton, 2023) — a sharp rise from 2007, when most surveillance targeted inappropriate web surfing (American Management Association and ePolicy Institution, 2007). Video surveillance and smart-card access historically targeted theft, violence, and sabotage.
Tracking methods now include phone recording, email/text storage, video, GPS, and smart ID cards; video conferencing lets companies record and share business conversations; biometrics are replacing time cards and passwords (Holland & Tham, 2022); keystroke-monitoring tools now include idle-time scorecards and computer-camera snapshots to verify employees are working (Kantor et al., 2022); and AI algorithms can now rate performance based on tone and nonverbal expression (Cardon et al., 2023). Three-quarters of employers using monitoring report factoring recorded data into performance reviews (Belton, 2023).
Figure 3.7 illustrates that the method and purpose of monitoring depends on employment conditions — customer-facing roles often have calls/emails recorded for quality control (the familiar "this call may be recorded" disclosure); confidential-data roles need controls preventing leaks (e.g., email alerts flagging shared social security numbers, restrictions on infected USB drives or unauthorized file sharing); and roles operating vehicles or machinery are monitored for safety, efficiency, and performance via GPS, even though employees may feel this reveals their movements outside working hours too (Bolderdijk et al., 2013).
The rapid pandemic shift to remote work left many employers feeling they'd lost control of work output — Reid Blackman (2020, p. 3) describes how "the fear of productivity losses, mingling with the horror of massively declining revenues, has encouraged many leaders to ramp up their employee monitoring efforts." Most tracking software exists because managers don't trust employees to self-report hours accurately (Belton, 2023), even when framed as burnout prevention — some employees report bathroom breaks being flagged as idle time (Kantor et al., 2022), and some have quit or refused intrusive monitoring outright.
Under the U.S. Wiretap Act (part of the Electronic Communications Privacy Act), businesses may intercept employee communications on company-provided devices used in the ordinary course of business (Huth, 2013); the Stored Communications Act separately regulates access to and disclosure of stored electronic communications. Regulation alone doesn't stop misconduct — a New York district court found an employer's unauthorized access to a former employee's personal email violated the Stored Communications Act, despite a company policy stating employees had no email privacy rights, because the employer accessed the personal account by guessing the password from stored company credentials (Sánchez Abril et al., 2012).
Privacy norms vary sharply by country. Many European countries treat privacy as a human right; a review of European monitoring cases found monitoring tends to be less intrusive than in comparable U.S. cases, courts favor employees in privacy disputes, intrusive monitoring is neither expected nor required practice, and employer warnings about monitoring are not an acceptable legal defense (Determann & Sprague, 2011). New Zealand's protections are comparatively weaker: the Privacy Act 1993 requires employers to disclose the purpose of storing information, and the Employment Relations Act 2000 requires that personal information collected be "reasonably necessary" (Blumenfeld et al., 2020).
ENVIRONMENTAL SCANNING AND STRATEGY-LINKED ETHICS RISK
3.3 Challenges in Recognizing an Ethical Issue
Even a well-intentioned organization cannot address every potential ethical concern. Some issues demand attention because of societal pressure from individuals, organizations, associations, governments, and agencies — as Chapter 1 established, the salience of social issues shifts with political and social change. Much of the misconduct catalogued above (data privacy, monitoring, social media leaks) is genuinely new, driven by innovative technology outpacing existing safeguards. To catch emerging trends early, companies should routinely perform environmental scanning — a process that monitors an organization's internal and external environment to detect early signs of opportunities and threats affecting current and future plans.
New ethical issues also emerge from growth and innovation strategies themselves — ethical companies build an ethical-risk assessment into normal strategic planning. Table 3.5 maps common strategic goals to the ethical considerations they raise.
| Strategy | Business plan | Ethical considerations |
|---|---|---|
| Grow revenues | 15% growth in 2 years | Revenue recognition; marketing practices |
| Innovation | Design two new products a year | Product safety; protect trade secrets |
| Diversification | Enter new business line | Conflict of interest |
| Increase market share | Grow customer base | Marketing practices; customer privacy |
Growing revenue raises the risk of financial management encouraging anything but truthful accounting — watch for channel stuffing (pushing inventory to distributors to inflate sales) and reporting sales of undelivered goods; sales teams need active encouragement to avoid overpromising customers or manipulating orders to hit targets. New product development demands robust quality checks for safety, and tight control over information given how damaging a leak can be to a competitive product launch. Diversifying into a new industry — the chapter's example is an industrial manufacturer entering consumer products — raises new pricing/promotion questions and conflict-of-interest risk if employees have personal ties to potential retail partners. Growing market share through customer acquisition can push marketers toward misusing compiled personal customer data from multiple sources (Nunan & Di Domenico, 2013).
Reputation Risk: How Target Knows Your Secrets and Whether It Keeps Them
A New York Times investigation (Duhigg, 2012) told the story of a father angry that a Minneapolis Target store sent his teenage daughter coupons for baby clothes and furniture. The store manager, learning the coupons were generated from an algorithm detecting likely pregnancy based on purchase patterns, called to apologize for the apparent mistake — only to learn the daughter actually was pregnant, and simply hadn't told her father yet.
When journalist Charles Duhigg contacted Target for comment, the company first declined to discuss the underlying analytics program, offering only boilerplate about "research tools" for understanding demographic trends; after Duhigg shared his full reporting, Target's reply became more terse, calling his statements "inaccurate" without specifying which parts, while asserting compliance with all federal and state laws, including those governing protected health information.
Target isn't unique — many retailers track shoppers via loyalty cards, credit card use, surveys, and rebates, then supplement that data with purchased demographic information: age, ethnicity, marital status, family size, zip code, distance from the nearest store, job history, salary, homeownership status, education, credit cards, political affiliation, and website use. Combined with AI, this lets retailers personalize marketing at a scale consumers may not expect (Nayyar, 2023).
Questions to consider: Should customers be able to request deletion of their personal information from a company database? What obligation should retailers like Target bear to protect consumer data from loss? If a data breach causes losses, who should bear responsibility — the retailer or the credit card issuer?
Recognizing ethical issues stays genuinely hard because a focus on profit, sales, or other business goals can blind employees to a decision's ethical dimension; because emerging issues often outrun the processes built to detect and reduce them; and because new technology keeps generating novel ethical questions faster than policy can catch up. The chapter's answer is to build ethical consideration into strategic planning itself, rather than treating it as a separate compliance afterthought.
THE CHAPTER'S OWN SYNTHESIS
Chapter Summary
Ethical issues are a normal occurrence in business but can be difficult to identify. An ethical dimension exists whenever a business problem, situation, or opportunity has the potential for the business to knowingly or unknowingly (a) violate a commonly accepted ethical principle or stated business standard, and (b) inflict significant, undue, inappropriate harm on any stakeholder.
Employees should pay particular attention to recurring issues that disrupt their work. One category is misuse of company resources — stealing, leaking confidential corporate information, and insider trading. A second involves honest communication and fairness toward company stakeholders, where misconduct occurs when one stakeholder group takes advantage of another through lying, fraud, conflicts of interest, and corruption. A third covers employee workplace issues: discrimination, harassment, health and safety violations, and privacy breaches.
Organizations struggle to address every potential ethical concern for two main reasons: a focus on profits, sales, or other business goals can blind employees to a decision's ethical dimension, and emerging issues can outpace the detection and prevention processes meant to catch them. As new technology enters the workplace, new ethical issues will keep requiring company attention — which is why business strategic planning should build in ethical consideration from the start, rather than treating it as an afterthought.
THE CHAPTER'S OWN QUESTIONS, WITH MODEL ANSWERS
Critical Thinking, Discussion Questions, and Case Study
Chapter 3 closes with five critical thinking/discussion questions and one full case study, each paired below with a concise model answer grounded in the chapter's content.
1. Maria finds confidential vendor documents left behind after negotiations. What ethical issue(s) does she face, and what should she do with the folder?
Maria faces a leaking-corporate-intelligence issue in reverse — she has unintentionally gained access to a competitor/vendor's confidential information, not her own company's. The ethical action is to return the documents to the vendor unread and unused, and to disclose the discovery to her own management, rather than let Acme Company gain an unearned informational advantage in the negotiation. Using the documents would mirror Kai's situation in Scenario 2 from the chapter's introduction — accessing another party's confidential files to strengthen a competitive position.
2. Frank makes cruel jokes at Steve's expense, touching on his age and ethnicity, while Steve laughs along uncomfortably. What are the ethical issue(s), and what should you do?
This is bullying that has crossed into harassment, since the remarks target Steve's age and ethnicity — protected characteristics under Title VII-style discrimination law — and create a hostile environment even though Steve isn't formally complaining. Staying silent to avoid friction with a new team allows abusive conduct to continue and signals tacit approval; the chapter's framework suggests addressing it directly with Frank, supporting Steve, or raising it through HR/management channels, since waiting for Steve to "stand up for himself" ignores that harassment is often unwelcome regardless of the victim's outward reaction (per the EEOC's own definition, the conduct only needs to be unwelcome).
3. How could genetic testing create ethical issues in the workplace? Could a company require it to reduce healthcare costs and prevent injuries?
Genetic testing raises the same privacy-rights tension the chapter documents for wearables and GPS: information about disease likelihood is exactly the kind of health/genetic information federal law protects employees from being compelled to disclose (Whittle, 2018, as referenced in the privacy section). Requiring genetic testing risks discriminatory downstream use — denying opportunities based on future health risk is arbitrary in the same sense the chapter's discrimination definition condemns — so it would need to be voluntary, tightly regulated, and firewalled from any hiring, promotion, or compensation decision to avoid becoming a discrimination and privacy violation at once.
4. What ethical issues should an American company consider when moving production to Cambodia? How do these differ from domestic misconduct risks?
Moving production abroad raises labor standards risk directly — the chapter cites Nike, Apple, and Walmart facing criticism for sourcing from factories with long hours, low wages, unsafe conditions, and child labor. Domestic risk tends to center on individual misconduct (theft, harassment, accounting fraud); offshoring risk is more structural and systemic, tied to a host country's weaker enforcement of labor and safety law, which is why global companies adopt supplier codes of conduct explicitly prohibiting sweatshops and child labor rather than relying on local regulation alone.
5. Search the news for a company's current ethical issue. How does news coverage differ on the underlying problem?
This question asks you to apply the chapter's own categories (misuse of resources, stakeholder relationships, workplace issues) to a live news story and notice that different outlets often frame the same incident through different ethical lenses — one may emphasize the legal/regulatory violation, another the stakeholder harm, another the corporate-reputation angle — which is itself an illustration of the two-fold test: coverage that stresses "did they break a rule" versus coverage that stresses "who got hurt" are applying the two different halves of Pekel and Wallace's (2006) test.
Case Study: Family Ties — Khaled in Saudi Arabia
Khaled is an engineer in the Saudi Arabian office of a multinational food and consumer products company, responsible for arranging disposal of outdated equipment through a bid process run by the purchasing staff. Khaled's father owns a disposal service bidding on that very contract. Saudi culture places strong value on extended family ties and mutual obligation — nepotism is culturally encouraged there, since employing people one knows and trusts is seen as prudent, and refusing to help family in a position of power carries real shame. Shortly after bids open, Khaled's father asks him for more information; as project manager, Khaled has access to the asset's book value and history, other Saudi suppliers are also bidding, and Khaled knows his father's business needs this contract to survive the economic downturn.
This is the textbook conflict-of-interest structure the chapter describes: Khaled holds influence over a decision from which a family member stands to gain. Even though Saudi cultural norms treat helping family favorably, sharing confidential bid information would still disadvantage the other bidders and expose the company to real reputational and legal risk if discovered. Consistent with the chapter's guidance on outside business interests, the ethical path is for Khaled to disclose the relationship to his employer immediately and recuse himself from any role in evaluating or influencing his father's bid — letting an uninvolved colleague or a formal firewall process handle it, so the company's process stays fair to all bidders while Khaled avoids being forced to choose between his employer and his father. The chapter's own questions push further: What should Khaled do? What are the ethical issues? And how might the company give Khaled explicit direction given how conflicts-of-interest expectations interact with Saudi Arabia's strong cultural norms around family obligation?
Suggested Resources
The chapter points to four external resources for further reading: FedEx's Corporate Integrity & Compliance page, the FDA's Prescription Drug Advertising guidance, the International Labour Organization (ilo.org), and the Occupational Safety & Health Administration (osha.gov).
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Glossary of Key Terms
Every key term the chapter lists, defined in one line each, in the order the chapter's own Key Terms list presents them.
| Term | Definition in one line |
|---|---|
| Accounting fraud | Misrepresenting a company's financial reports through misstatement or omission of material information. |
| Affirmative action | Policies that seek out, encourage, and sometimes give preferential treatment to employees in groups protected by Title VII. |
| Bait and switch advertising | Offering consumers an appealing deal, then changing the terms once they make direct inquiries. |
| Bribery | The offering, promising, giving, accepting, or soliciting of gifts, loans, fees, rewards, or other inducements for an action that is illegal, unethical, or a breach of trust. |
| Bullying | Abusive behavior that involves harassing, offending, socially excluding, and belittling a person or group repeatedly over time. |
| Commission lying | Making a statement that intentionally deceives the receiver of the message. |
| Conflict of interest | A situation in which regard for private interest or gain leads to a disregard for the needs of a company or company stakeholder. |
| Corruption | The abuse of entrusted power for private gain. |
| Discrimination | The unjust or prejudicial treatment of people on arbitrary grounds, such as race, gender, or age, resulting in denial of opportunities like employment or promotion. |
| Employment discrimination | Prejudicial treatment of people specifically in hiring, promotion, and termination decisions. |
| Environmental scanning | A process that monitors an organization's internal and external environments to detect early signs of opportunities and threats that may influence its current and future plans. |
| Ethical dilemma | A situation that requires an individual to choose among alternatives that create a values conflict among stakeholders. |
| Ethical dimension | The aspect of a decision that describes what ought to be and includes value judgments (Grier, 2013). |
| Factual dimension | The aspect of a decision that relates to known data and is testable (Grier, 2013). |
| Favoritism | A leader giving unfair preferential treatment to a person at the expense of another, including in hiring, salary, support, task allocation, workload, training, or promotion. |
| Fraud | A deceptive act by one person, group, or organization that causes another to part with something of value or to surrender a legal right. |
| Harassment | Conduct that creates an intimidating, hostile, or offensive work environment, making it difficult for others to feel comfortable and productive at work. |
| Hostile environment | A form of illegal sexual harassment in which sexually offensive conduct is so pervasive it makes work unreasonably difficult. |
| Insider trading | Trading corporate securities based on access to nonpublic information obtained through a fiduciary duty or position of trust. |
| Kickbacks | A reward or compensation for making or fostering business arrangements; a form of bribery. |
| Labor standards | The conditions under which a company's employees, or the employees of its suppliers, subcontractors, or others in its commercial chain, work. |
| Lying | Making a statement that the speaker knows to be false, reflecting a lack of honesty or trustworthiness. |
| Marketing fraud | Illegal practices perpetrated by a company in the distributing, promoting, and pricing of products or services. |
| Nepotism | Showing favoritism toward one's family members or friends in employment or economic benefits. |
| Occupational fraud | The use of one's occupation for personal enrichment through the deliberate misuse or misapplication of the employing organization's resources or assets (Association of Certified Fraud Examiners, 2024, p. 7). |
| Omission lying | Intentionally not disclosing relevant information. |
| Privacy rights | In a business context, protecting an individual's personal life from an unwarranted intrusion by the employer. |
| Quid pro quo | A form of illegal sexual harassment in which submission to sexual activity is required to get or keep a job. |
| Sexual harassment | Unwelcome or intimidating behavior in the workplace that asserts power over a person because of their gender identity. |
| Trade secret | Commercially valuable information for which the owner has taken reasonable efforts to maintain its secrecy. |
| White-collar crime | Economic offenses committed through the use of some combination of fraud, deception, or collusion (Simpson, 2013). |
THE ONE-PAGE VERSION
Quick Reference
A single table capturing the chapter's core test for spotting an ethical issue, its three recurring categories of misconduct, and the highest-yield facts within each.
| Element | What to remember |
|---|---|
| Factual vs. ethical dimension | Every decision has a testable factual side and a value-judgment ethical side (Simon, per Grier, 2013) — businesspeople must weigh both, but not every decision has an obvious ethical dimension. |
| Defining an ethical issue | A problem, situation, or opportunity requiring a choice among actions that must be evaluated as right or wrong — often hidden behind euphemistic business language. |
| The two-fold test | A business issue has an ethical dimension if it could (a) violate a commonly accepted ethical principle or business standard, and/or (b) inflict significant, undue, inappropriate harm on any stakeholder (Pekel & Wallace, 2006). |
| Instinctive tells | Justifying an action because "everyone does it," fear of discovery ("I hope no one finds out"), and a request that "just doesn't feel right" all signal an underlying ethical issue. |
| Category 1 — Misuse of company resources | Occupational fraud (cash, time, equipment, information); stealing (inventory, expense fraud, client funds); leaking corporate intelligence/trade secrets; insider trading. |
| Category 2 — Company–stakeholder relationships | Lying (commission vs. omission); accounting fraud and marketing fraud; conflicts of interest (outside business, nepotism, gratuities); bribery and kickbacks, including FCPA exposure abroad. |
| Category 3 — Employee workplace issues | Management lying to employees; discrimination and favoritism; bullying, harassment, and sexual harassment (quid pro quo vs. hostile environment); health/safety violations; privacy breaches from monitoring. |
| Commission vs. omission lying | Commission = actively stating something false. Omission = withholding relevant information. Most people are more comfortable lying by omission (Schweitzer & Croson, 1999). |
| Criterion for accounting fraud red flags | Frequent changes to estimates, unexpected profitability, negative cash flow during earnings growth, revenue booked after cutoff, and budgets landing suspiciously "on the money." |
| FCPA five-question test for foreign charitable donations | Purpose of payment; consistency with internal giving guidelines; whether a foreign official requested it; whether an official tied to the charity can affect your business; whether the payment is conditioned on receiving business. |
| Sexual harassment's two illegal forms | Quid pro quo (sexual submission required for employment) and hostile environment (pervasive offensive conduct) — both defined under Title VII via the EEOC. |
| Environmental scanning | Routinely monitoring the internal/external environment for early signs of ethical risk, especially from new technology and new business strategy (revenue growth, innovation, diversification, market share). |
| Why ethical issues stay hard to catch | Profit and sales pressure can blind employees to a decision's ethical dimension, and new technology and business strategies generate ethical issues faster than detection processes can be built. |