Archive for the ‘employees’ Category
Can Employers Tell Employees What to Eat?
All companies want their employees to be team players. But just how far can companies go in requiring that employees ‘toe the line’? Can that demand extend to cultural or religious or moral or dietary requirements?
How As a starting point, consider this story, from CBC News: No meat on menu for Montreal purse maker
A Montreal accessories company has taken its policy of using no animal products beyond the rack and has forbidden its staff from eating meat and fish at work.
A former employee says the policy violated her rights as a non-vegetarian….
(I’ve blogged on unusual forms of employee discrimination before. See Discriminating Against the Non-Blind and “Smokers Need Not Apply”.)
So, is it OK for a company to require that its employees not eat meat? Now, to be more precise, the company in question isn’t forcing people to be vegetarians. It’s just insisting that they not eat meat on the premises. But still, the requirement is an imposition. If an employee loves bologna sandwiches, why should she not be allowed to eat them on her lunch break at work? On the other hand, it’s not exactly a brutal requirement: a place that forbids employees from eating meat is not exactly ipso facto a Dickensian sweatshop. Of course, you might say that the whole conflict could be avoided by careful hiring: only hire people who are willing to uphold the company ethos. But that still amounts to a form of discrimination — and we would still have to ask whether such discrimination is justified or not. Besides, we would still have to worry about cases in which an employee is a devout vegetarian at time of hiring, but then (for whatever reason) changes her dietary habits at some point after being hired.
Whatever your instincts about this particular case, it’s worth performing a consistency test on your own conclusion. Try this: if you’re a vegetarian or vegan, and sympathetic to the company’s no-meat policy, ask yourself whether you would reach the same conclusion if the tables were turned, and a meat-packing company required employees to eat meat and forbade vegetarianism. (“Why would a vegetarian work at a meat-packing plant?” Well, times are tough. Stranger things have happened!) If, on the other hand, you think the company in the story above is engaging in unjustifiable discrimination, ask yourself whether you would reach the same conclusion if the company was one whose product embodied some value that you hold dear — something to do with your own religious or philosophical or political beliefs. That kind of consistency test is a good way to double-check that the conclusion you reach with regard to this particular case is rooted in good reasons, or whether instead your conclusion is based on an undefended bias.
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Addendum:
A couple of people have told me my counter-example above is unrealistic — after all, what employer is going to tell you you have to eat meat? That misses the point I was making, which was to suggest to people that we should think up some counter-example that involves some set of values that would challenge what seems to us to be the “obvious” conclusion, here. If you don’t like my example, feel free to suggest one!
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Thanks to NW for the story.
Is a Board Position a Conflict of Interest?
Here’s an story (in which I was quoted) by Paul Turenne, in the Winnipeg Sun: Gerrard slams WRHA manager’s ‘moonlighting’.
The story is basically about a senior executive (Brock Wright) at the Winnipeg Regional Health Authority (the public body responsible for administering hospitals in and around that city) who took a position on the Board of Directors of a small American medical technology company. Critics (like Opposition leader Gerard, named in the headline) called that a Conflict of Interest.
Now, a conflict of interest is basically any situation in which a person has a private or personal interest sufficient to appear to influence the objective exercise of judgment in his or her official duties.
So, to figure out whether there’s a problem here, a few elements need to be considered.
1) Does taking a Board position constitute an “personal interest” in the relevant sense? The one that’s usually (but not always) at stake is an interest in money. Well, And corporate board membership isn’t typically volunteer work. It involves a significant stipend, along with a good deal of personal prestige.
2) What bits of judgment might Wright need to exercise on behalf of WRHA that might be jeopardized by his board membership? The most obvious one is his involvement in purchasing decisions for the WRHA. In that regard, a spokesperson for the WRHA says:
This is a company the WRHA has no business relationship with. We have not purchased anything from them. If at any time they were to try to sell us something, Dr. Wright would of course remind us of his relationship with them and recuse himself from any discussions. Having said that, he’s not in a position to make decisions like that. We have a very strict policy about the tendering process
The bigger issue (though perhaps not insurmountable) is the judgment that Wright (or any employee) needs to exercise with regard to his own time management. Being a member of a corporate board isn’t an honourary thing: it comes with real responsibilities, and can take considerable time. So the question I would want to ask, if I where the WRHA, is how Wright plans to satisfy his duties as a member of the TearLab board (including possibly several trips a year to attend meetings in California) without diminishing the quality of his work in Winnipeg. If there’s reasonable plan to make that happen,
3) Finally, it’s worth noting (again and again) that being in a Conflict of Interest isn’t automatically unethical. (So it’s not, contrary to the headline used in another newspaper’s story about this issue, an accusation.) It is possible to end up in a Conflict of Interest through no fault of your own. And, finding yourself in a COI, what matters is what you do about it. Disclosing the COI to the person or organization relying on your judgment is usually considered step 1, and removing yourself from key decisions, if possible, is another standard move. But COI is at least sometimes worth tolerating, if managed appropriately. That does mean, though, that we should all be expected to think carefully, before putting ourselves into a Conflict of Interest, whether the risks are manageable, and whether in the end those risks are sufficient to constitute a disservice to those who rely upon our judgment.
Ethical Issues for the Chilean Miners
On August 5, 33 miners went down into the San José copper-gold mine; over two months later, 33 entrepreneurs emerged from the mine. They were labourers once. Now they’re businessmen, and celebrities.
Their fame is already being used by major corporations for public relations purposes. The New York Times reported, for instance, that Apple has sent each of the miners a brand new iPod.
But the miners themselves will have decisions to make, about how (and indeed whether) to make use of their new fame. Hollywood will surely come knocking, for instance. Book deals have already been announced. How will they (and how should they) handle fame and fortune? And the miners have already made a good start on their entrepreneurial careers. While still down in the mine, they drew up a contract “ensuring they will equally profit from the lucrative media deals they expect to secure for sharing the story of their two month survival in the hope that they never have to work again.”
But a question arises about such a contract. Is it, in fact, legally binding? To get an indication of why that’s a real question, see this piece by Andrew Potter: Chilean miners: That far down, who decides what’s law?
What is striking about the situation in Chile is how much it resembles one of the most famous thought experiments in the philosophy of law, known as “The Case of the Speluncean Explorers.” Written by the Harvard law professor Lon Fuller and published in 1949, the paper explores the fictional case of five men who embarked on the exploration of a system of caves in a country known as the Commonwealth of Newgarth. When a landslide covers the entrance and traps the men, they sit down to await rescue….
In Fuller’s thought experiment, the miners are eventually driven to cannibalism, in order to survive. Fuller’s article is about whether such cannibalism would rightly be considered illegal, under those circumstances. Fuller makes the case that it is (at very least) possible to argue that it would not be. Laws are social artefacts, and miners trapped underground for an extended period are effectively cut off from, and hence no longer part of, any particular society. Andrew notes:
…trapped miners are living in what amounts to a mini society of their own. All sorts of problems could arise in such a cramped space, from disputes over the allocation of food and medical supplies to rules over respect for privacy to procedures for dealing with crimes like theft or assault. If sovereignty is defined by the ability to exercise a monopoly over the use of force, then whatever legal authority currently exists in the San Jose mine, it is not the Chilean government.
Now, Andrew’s hypothetical is about the reach of Chilean criminal law. As it turns out (as far as we know) no significant violence erupted among the 33, so that question remains hypothetical. But, as I noted above, other kinds of legal questions arise, including the bindingness of the contract the men made while down there.
I won’t speculate further on the question of legality, but even if the legality of the contract were to be successfully challenged, the question of whether the contract is morally binding would remain a live one. After all, 33 men gave their word, and honourable men should want to keep their promise. On the other hand, if we consider the circumstances under which the contract was arrived at, we quickly see that those circumstances were very far from the ideal circumstances for giving free and informed consent. Many things can render a contract both legally and morally suspect, including such things as undue influence and duress. It’s easy to imagine that men trapped, in close quarters, half a mile underground being subject to both of those.
At any rate, my aim here is not to cast a pall over what seems, so far, to be a happy ending to the miners’ ordeal. My aim is simply to point out that, as newly-minted celebrity-entrepreneurs, “los 33” will face a range of ethical issues. What they have to learn, and what we have to learn from them, did not end when the last man finally saw the light of day.
Chilean Miners: What is Rescue Worth?
Happily, rescue crews seem to have made better progress than anticipated toward rescuing 33 Chilean miners trapped deep underground since August.
Here’s a recent story giving details, by Alexei Barrionuevo and Christine Hauser writing for the NYT: Drill Reaches Miners in Chile, but Risks Remain
As the rescue proceeds, most of us will (rightly) be focused on the human side of this story, the ordeal those 33 men have gone through. But this story also has an important business- and economic component. Last month, I blogged about whether the trapped miners ought to be paid, and by whom. But another issue is that the rescue effort itself is likely to be exceptionally expensive. What should the companies doing the drilling be paid? Back in April, after a mine collapse in West Virginia, I blogged about the Ethical Obligation to Save Trapped Miners, and pondered the extent of the financial obligations of the mining company and the government in the face of such a disaster. Today, I’d like to look at the question from a different angle. How much should drilling companies involved in such a rescue be charging for their work?
Now, just to be clear, I’m not talking about the actual companies involved.
Brandon Fisher, founder & president of US-based Center Rock Inc., the company that made the drill used, is reported to have nobler motives:
He says the Chilean government is paying for his time and equipment — “that’s the plan anyway.” But he is not at the Mina San Jose for the money. He is there for the miners.
“I don’t know that there’s 10 minutes that you’re out here that you don’t look down there and think, ‘There’s 33 guys 600 feet below our feet,’ ” he said. “Whenever you’re tired, it’s real easy to think, ‘Hey, I’m out here seeing sunlight and breathing fresh air. It’s time to suck it up and get these guys out of here.’ ”
It’s also worth noting that, in fact, this is a competitive arena — there are apparently quite a few companies with relevant capacities, and they’re likely competing with each other to bid for the work. Perhaps they’re even charging less for this high-profile job than they normally would, because it’s good advertising. But let’s set that complication aside for the moment.
So, a thought experiment: what if there were only one company qualified to do the rescue work, or only one company available locally? What should that company charge?
A few quick options:
1. They should charge whatever the market will bear, which would essentially amount to charging the most the Chilean government and/or the mining company involved are willing to pay.
2. They should charge nothing. They should be happy to be involved, and to charge anything would be to put a price on human lives, which is unacceptably exploitative.
3. They should charge just enough to cover their own costs — machinery, fuel, and maybe their own workers’ wages.
4. They should charge exactly the same to drill this hole as they would to drill any other hole of similar size, depth, and complexity. No more (that would be exploitative), and no less (that would be foolish).
Do you favour one of those four? On what grounds? Or can you suggest another principled answer?
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Addendum: I found a story that offers the following relevant detail: “Local newspaper La Tercera reported that the rescue efforts, expected to last three to four months, will cost anywhere from $10 million to $20 million.”
When Personal Problems Become Business Problems
A divorce is a very private thing, except of course when it isn’t. And an employee’s (or executive’s) private struggles are, well, private — except when various kinds of business analysts start taking notice of those struggles.
Case in point: the bitter lawsuit over the terms of the difficult divorce of Elon Musk, one of the co-founders of PayPal and current CEO of Tesla Motors. For an outline of why the divorce resulted in a lawsuit, see this blog entry, by Jeanette Bicknell: Challenge to Confidentiality in Mediation? Basically, Musk’s ex-wife, Justine, is challenging the terms of the divorce settlement, and it looks likely to be a long, drawn out court battle.
The whole thing is a sad event for the former couple (and their 5 children) but it is also presenting problems for at least one of Mr. Musk’s companies, Tesla. See this piece from auto-industry website FutureCars: Could Elon Musk’s Divorce Affect Tesla’s IPO?
Sources are saying that the upcoming Tesla Initial Public Offering will be for between $1 and $1.5 billion or $10-$12/share, but all of this could be in jeopardy because of CEO Elon Musk’s pending divorce.
So the problem here is more than just the worry that an ugly personal battle is. And it’s not just the worry that Musk’s personal issues are a distraction from his management duties, though that has been suggested. No, according to the FutureCars story, Musk’s bitter divorce could have very serious implications for Tesla Motors, particularly if the court decides that Mr. Musk has to give some of his stock portfolio to his ex-wife:
If [Musk] did lose a large shareholding, that would default Tesla’s recent Department of Energy loan and could cause the S-1 filing for IPO to go in the round file….
So, the question for discussion: do investors in Tesla have the right to tell Mr. Musk to get on with it and settle the lawsuit with his ex-wife? Are investors (or employees, for that matter) essentially stakeholders in the Musk vs Musk court battle? Or is that an entirely personal matter, and none of investors’ business?
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p.s., for those of you worried more about Mr. Musk’s emotional state than the financial well-being of his companies, fear not: he just recently celebrated his marriage to Hollywood starlet Talulah Riley.
California’s Marijuana Industry: Ethical Issues
I’ve blogged about the insurance industry, the mining industry, the auto industry, even the donut industry. But the pot industry? Yes, it’s time.
From the Sacramento Bee: Growth of California’s Pot Industry is Good News for Unions
As Californians prepare to vote on a November ballot initiative that would expand legalization to recreational pot use, labor groups see the potential for perhaps tens of thousands of unionized jobs.
United Food and Commercial Workers Union, Local 5, which has 32,000 members in California working in trades including the grocery and food processing industries, began organizing marijuana “bud tenders,” greenhouse workers, packagers and laboratory technicians last spring….
So, here a budding industry, built around a controversial product that is illegal in most jurisdictions. There’s plenty of grass-root support for broader legalization (both for medicinal and recreational use). But there may be enough opposition to blunt the enthusiasm of law-makers about sudden moves. The support of politically-powerful unions is another ethically-significant factor — as is the potential capture of this new industry by unions.
This is such a rich and interesting story that there’s too much in it for me to try to hash it out by myself without resorting to quick, potted answers. So here are a handful of questions to seed the discussion. I’ll let you weed the good from the bad.
- Ryan Grim reports that “The teachers union, citing the revenue that could be raised for the state, is also backing the initiative.” Is that sufficient reason? You don’t have to be an anti-pot puritan to worry about anything that might (inadvertently) encourage use of pot by school-age kids.
- What business ethics issues are faced by producers and sellers of pot in the illegitimate parts of the drug industry? What new issues will the newly-legitimized industry face?
- What CSR-type responsibilities does the (expanding) legal marijuana industry have?
- Why are California Beer & Beverage Distributors lobbying against the proposed change? (See useful discussion over at Marginal Revolution).
- What sorts of regulations should the industry seek? What motives will be foremost in industry’s mind in his regard — protecting revenues? protecting its image? protecting consumers?
- Will the other drug industry — the pharmaceutical industry — move into this line of business? Why or why not?
- Is the unionization of this industry generally a good or bad thing? Unionization improves the lot of workers, but also tends to raise prices. Since unionization itself is controversial, let’s ask it this way: is the case for unionization stronger or weaker, with regards to the marijuana industry?
I’ll open the floor for discussion.
Ethics of Hiring Illegal Immigrants
Should restaurants (and other companies) stop hiring illegal immigrants? What would happen if they did?
The question is posed here, on the NYT‘s “Diner’s Journal” blog: What If Restaurants Stopped Hiring Illegal Immigrants?
What if the restaurant industry — one of the largest employers of immigrants, a good number of whom, it is no secret, are undocumented — had to do it all above board? (According to 2008 estimates from the Pew Hispanic Center, illegal immigrants make up about 20 percent of the nation’s chefs, head cooks and cooks, and about 28 percent of its dishwashers.) That’s the intention, at least, of the Obama Administration’s intensified crackdown on employers that hire illegal immigrants, with businesses including restaurants now facing more scrutiny than they have in decades.
Some restaurateurs say that the cost of a meal would shoot up if they were forced to comply with immigration and labor laws….
So, let’s think through some of the ethically-relevant factors.
First, refusing to hire (or choosing to fire) illegal immigrants would drive up the cost of a restaurant meal. That would be bad for restaurant customers. Now, most people think of restaurant meals as a luxury, so a slight increase in price isn’t exactly ethically abhorrent. But when we think of an increase in the price of restaurant meals, we shouldn’t only think of fine dining: such increases would presumably also affect greasy spoons and other non-glamourous eateries, and hence hit many middle- and working-class families in the pocketbook. But still, restaurant meals are generally not a necessity, and anyone who wants one arguably has an obligation to pay the full price of legally obtaining the factors that go into producing it.
Second, it’s worth pointing out that, ethically, there is a general and strong presumption in favour of following the law. And if the term “corporate citizenship” means anything at all, it ought to include a citizen-like duty to act in a law-abiding way.
Third, if restaurants stopped hiring illegal immigrants, it would obviously be bad for those illegal immigrants; and it would be good for whomever got those jobs instead. In terms of total numbers, this is very nearly a zero-sum game, except for the possibility that fewer people over all would be hired at the higher, legal wage. But illegals are arguably in greater need of the jobs (since fewer kinds of jobs are even possible for them, and because they don’t have the same access to the social security safety net that citizens have access to). So, thinking purely in terms of the duty to help people when you can do so, it might even be argued that restaurants have an obligation to hire illegals.
It seems to me this is an interesting case where a company’s citizenship obligations might well conflict with its more general ethical obligations. And so it’s a nice illustration of why it’s wrong-headed to use the term “corporate citizenship” to cover the various kinds of moral responsibilities that a company may have.
Should Trapped Miners Be Paid?
Most people don’t expect to be paid when they’re not doing work. Sure, most people get paid during coffee breaks, and lucky folks get paid vacations. And some people get paid sick days. But what about when you’re not working for months on end? Does any employer have an obligation to pay you under those conditions? What about when you’re not working, but physically at work, for months on end?
That’s the issue faced by 33 miners trapped 2,300 feet below ground, in a collapsed Chilean mine.
Here’s the story, written by Nick Allen for the Daily Telegraph, but featured in the Ottawa Citizen: Trapped miners may not be paid
The 33 Chilean miners trapped underground may not be paid for months while rescuers try to reach them, leaving their families with no income.
The San Esteban company, which operates the mine, has said it has no money to pay wages and is not even taking part in the rescue.
It has suggested that it may go bankrupt and its licence has been suspended.
Evelyn Olmos, the leader of the miners’ union, called on Chile’s government to pay the workers’ wages from next month….
My initial impulse: yes, of course the miners deserve to get paid. Granted, they’re not exactly doing productive work, but that’s not their fault. Even though they’re not working, they are in fact still on the job. The problem, of course, is that the company seems financially incapable of paying them, not just unwilling. Legal means can be attempted, but if it’s really true that the company is bankrupt — well, you can’t get blood from a stone. (Note also that, for what it’s worth, the mine’s owners have asked the miners for forgiveness.)
So that leaves the government (i.e., the citizens) of Chile. Should they pay? Now, to be clear — and this is a crucial distinction — I’m not just asking whether it would be a good thing if the miners end up getting paid. I’m asking whether Chilean taxpayers have an obligation to pay them. I think the answer to that is less clear than the question of whether a financially-capable company would have an obligation to pay them. Now, this isn’t a public policy blog, it’s a business ethics blog, so I don’t often delve into what constitutes the morally-best decision for government. But it’s worth thinking about what principles might apply to this case not just from the point of view of government’s obligations to citizens in need, but from the point of view of government’s obligations to take up the slack when industry undertakes dangerous operations that can end up requiring considerable financial resources when things go wrong. Is government’s willingness to clean up the mess part of what lets mining companies put miners at unreasonable risk in the first place? Or should we think instead that the government’s willingness to help out is just part of the insurer-of-last-resort role that we want government to take on, and that allows all sorts of companies (responsible or otherwise) to be in business in the first place?
As a post-script, I should point out that the moral parallels between the Chilean mine rescue and the BP oil spill cleanup, in this regard, are striking.
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Also of interest, on the Research Ethics Blog:
Could Research be Done on the Trapped Miners?
Ethics, BP, & Decision-Making Under Pressure
Over the last couple of months, criticism of BP has become an international pastime. It’s hard not to get the impression that most members of the public believe that senior managers at BP (and quite possibly everyone employed at BP) are bungling fools. And probably lazy too.
But of course, that’s patently absurd. And maybe nobody actually believes it. We all know that the relevant people at BP are smart and highly-trained. They wouldn’t have the jobs they have if they weren’t. True, no one was very happy with the amount of time it took to get the oil well capped. And almost certainly mistakes were made. But the capping of the well was a feat of enormous technical difficulty and complexity, carried out under intense scrutiny. Few of us, if we are honest with ourselves, can imagine performing well under those circumstances.
Here’s a story that speaks to the difficulty of those circumstances, by Clifford Krauss, Henry Fountain and John M. Broder, writing for the NYT: Behind Scenes of Gulf Oil Spill, Acrimony and Stress. Here’s just a sample, though the whole article is well worth reading:
Whether the four-month effort to kill it was a remarkable feat of engineering performed under near-impossible circumstances or a stumbling exercise in trial and error that took longer than it should have will be debated for some time.
But interviews with BP engineers and technicians, contractors and Obama administration officials who, with the eyes of the world upon them, worked to stop the flow of oil, suggest that the process was also far more stressful, hair-raising and acrimonious than the public was aware of….
So, after reading the NYT piece, ask yourself these questions:
1) If, in the middle of the well-capping operation, you (yes you) had been invited to stop playing armchair quarterback and become part of the team working on a solution, would you have? Assume you had some relevant expertise. Would you have agreed to help? I’m not sure I would have. I would have been seriously reluctant to subject myself (and my family!) to that kind of experience.
2) Assuming you accepted the above invitation, how confident are you that you would have performed well?
3) Finally, setting aside your own willingness and ability to help, do you know of any organization that you are confident could have performed well in a) a task of that technical difficulty and complexity, while b) under similar conditions of intense scrutiny?
None of this is intended to be fully exculpatory. It’s quite likely that there were ethical lapses that contributed to the blowout and the oil spill that resulted. But when we’re thinking about BP’s response to the disaster, our assessment of the company’s performance — and specifically the performance of the thousands of individuals who actually did the work — ought to be informed by an appreciation of the nature of the task performed. Ethical decisions are never made in a vacuum. And in some cases, they’re made in the middle of a hurricane.
Progressive Garment Factory, or Charity?
What’s the difference between a progressive factory and a charity?
Here’s the story, by Steven Greenhouse, for the NYT: A Factory Defies Stereotypes, but Can It Thrive?
…Ms. Castillo had long dreamed of a bigger, sturdier house, but three months ago something happened that finally made it possible: she landed a job at one of the world’s most unusual garment factories. Industry experts say it is a pioneer in the developing world because it pays a “living wage” — in this case, three times the average pay of the country’s apparel workers — and allows workers to join a union without a fight.
“We never had the opportunity to make wages like this before,” says Ms. Castillo, a soft-spoken woman who earns $500 a month. “I feel blessed…”
There’s lots that’s interesting, here, but what most struck me was the similarity between the factory described (which produces apparel under the label “Alta Gracia”) and the controversial (Product) RED campaign. As you may already know, (Product) RED is a project that attempts to leverage consumerism into charity, by donating a small portion of profits from certain consumer goods — RED-branded iPods, for example — to the Global Fund (to fight AIDS, tuberculosis, and malaria in needy countries). I wrote about RED here and here.
See the similarity? Red asked consumers to pay a premium so that money could be donated to the Global Fund. Alta Gracia asks consumers to pay a premium so that the money can be donated to the company’s workers. In both cases, there’s an attempt to advance a worthy cause (disease prevention on one hand, poverty alleviation on the other) by appealing to affluent consumers via value-laden branding.
Two questions occur to me.
1) Will Alta Gracia be subject to the same kinds of criticisms that (Product) Red has been subjet to? If not, why not?
2) It seems to me that the choice of workers as beneficiaries of the Alta Gracia scheme is but one option. Who are other potential beneficiaries of schemes like this? If RED helps out by donating profits directly to third parties (i.e., via the Global Fund) and if Alta Gracia helps out by donating higher wages to its workers, are there other parallel mechanisms that would work? Here’s an example. What if the company that owns Alta Gracia (Knights Apparel) were publicly-traded (instead of privately-held). And what if it gave shares to poor families, so that they could receive dividends when the company makes a profit? Would that be ethically the same thing? Would people who generally think profit-seeking is evil suddenly think profits are a good thing?
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