Category: Uncategorized

Skiplagging and fairness

A direct flight from New York to Charlotte can be more expensive than a longer flight from New York to Miami that stops in Charlotte.

It only makes sense if you understand that flight distance is only one price factor. For example, airlines charge travelers more for the convenience of a direct flight, just because they can. They also charge more for less-travelled routes and routes with less competition, just because they can.

So I find it ironic that airlines are now attacking passengers that engage in skiplagging – and the websites that facilitate the practice. If they want their passengers to be “fair” with them, perhaps the airlines should behave accordingly.

Democracy and retaliation

In many corporations, retaliation is defined as a negative consequence against an employee for raising a concern or participating in an investigation.

In Fulton County, some grand jurors are on the verge of being retaliated against for participating in one of the many Trump indictments. Nowadays, going against Trump puts you at risk of physical violence.

In a corporate setting, the appropriate discipline for retaliation is termination of employment. Nothing is more damaging to a compliance program than retaliation. Similarly, nothing is more damaging to democracy than violence aimed at silencing the other side. Those engaged in such violence should face severe charges.

Zero tolerance

Most companies have zero tolerance for certain violations.

But what does zero tolerance mean? You might be surprised to learn that most employees (and many ethics professionals) believe it means that the offender faces certain termination.

In fact, zero tolerance simply means that the offender will not go unpunished. The punishment could be a demotion, or a suspension, or a written warning. It could also be termination, but that is not the only possible outcome.

If your company uses the expression “zero tolerance” in its code of conduct or in a policy, consider explaining its meaning to your employees.

Do we care enough?

Too many leaders look for a simple solution to their cultural problem.

There is no simple solution.

Culture emerges from every single behavior of every single employee.

We get what we tolerate. And what we ignore.

Managing culture requires that we make it a priority and maintain a relentless focus. A focus on how we hire, fire, promote, compensate, greet, celebrate, talk to each other. It’s complex, contextual, nuanced.

It requires caring.

Small steps to ethical leadership

As Tim Ferris reminds us, a good way to overcome procrastination or build a new habit is to start with a task that is as small as possible and less than you are capable of doing.

Ferriss likes to use the extreme and cheeky example of dental flossing: if you are not a flosser, start flossing only one gap between your front two teeth. That’s it. Once you feel comfortable with that routine, increase to two (or more) gaps. You’ll be flosser before you know it. Anyone can apply this technique to build healthier eating habits, get more sleep, or exercise more often.

Similarly, leaders can use this method to become more visible and vocal about the importance of business ethics. Here are some steps that are less than most leaders are capable of:

  • On the next Global Ethics Day, email a copy of your company’s code of conduct to your employees. Include a short cover note inviting them to speak up if they ever have an ethical concern.
  • When you complete your online ethics training, let you team know that you are done, share something you’ve learned, and remind them of the company’s deadline.
  • The next time you read about corporate wrongdoing, share a link to the article with your team. Include a short cover note telling them about the controls that your company has in place (or needs to implement) to prevent something similar.

One small weekly step adds up to 50+ reminders to your employees every year. Less than you are capable of, but enough to positively change their perception of you as an ethical leader.

Netflix

When we sign up for a Netflix account, the company agrees to provide us with programming, and we agree to pay a monthly fee.

In addition, we agree not to share our password with people outside of our household.

Oh, but wait! That last bit is in the small print that no one reads. You know, just above the “I accept” button. If no one reads that stuff, and everyone knows that no one reads that stuff, then it’s not enforceable, right?

Wrong.

“I accept.” It’s pretty straight-forward English.

So Netflix is entirely within its rights to enforce the agreement, and everyone complaining about it should have an honest look in the mirror.

Above the law

The very first motion I filed in a US court was an order to show cause, seeking a judgment of contempt of court against an executrix who was not complying with a court order in favor of my client. The executrix faced imprisonment as a result. You simply can’t ignore a court order.

So it has been interesting to observe how Donald Trump has been defying court orders with little consequences. The same person who expected everyone to comply with his executive orders is now disregarding judicial orders. And if the judicial branch is hesitating to find him in contempt now, imagine their restraint if he gets elected again.

In the workplace, we see similar behaviors from senior executives who believe that the Code of Conduct or certain corporate policies don’t apply to them. They expect loyalty from everyone else but feel bound by no person or rule. These leaders create a toxic culture at the top, which quickly seeps into the lower ranks. Within a few years, most of these organizations are embroiled in scandals, and many implode.

Corporations, courts, and countries should never tolerate someone who believes they are above the law.

Newsjacking

In a study by Kouchaki and Desai (2015), employees who reflected on the importance of ethical behavior were found to be less likely to engage in unethical behavior.

To create the conditions for such reflection, companies often provide off-the-shelf ethics training. Unfortunately, most employees find the traditional online modules to be relatively boring (and the end-of-module quiz too easy).

Perhaps a more engaging approach is to provide employees with opportunities to discuss real-world ethical dilemmas. A quick look at the morning news should offer several examples of cheating, lying, and stealing. Any supervisor can start a discussion with this phrase: “This just happened at Company X. Could it happen here? If not, why? If yes, how could we respond differently?”

Doing this on a regular basis is sure to align the moral compass of most employees. Give it a shot.

Speed and transparency

If the reports are true, this is what happened in just a few days at NBC Universal: a subordinate of the CEO complained of an inappropriate relationship with him, the company investigated, and the CEO apologized and stepped down.

Things rarely move this fast and so transparently. But speed and transparency are necessary if you want your employees to believe your dedication to live by your stated values.

How would a similar situation be handled at your company?