Professional Ethics PDF

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Programs Offered n e i Post Graduate Programmes (PG) l Master of Business Administration Master of Computer Applications n Master of Commerce (Financial Management / Financial Technology) ProfessionalOEthics Master of Arts (Journalism and Mass Communication) Master of Arts (Economics) Master of Arts (Public Policy and Governance) Master of Social Work Master of Arts (English) Master of Science (Information Technology) (ODL) Master of Science (Environmental Science) (ODL) i t y Diploma Programmes Post Graduate Diploma (Management) r s e Post Graduate Diploma (Logistics) Post Graduate Diploma (Machine Learning and Artificial Intelligence) Post Graduate Diploma (Data Science) i v Undergraduate Programmes (UG) Bachelor of Business Administration Bachelor of Computer Applications Bachelor of Commerce Bachelor of Arts (Journalism and Mass Communication) U n English / Sociology) Bachelor of Social Work y Bachelor of Arts (General / Political Science / Economics / it Bachelor of Science (Information Technology) (ODL) A m c ) DIRECTORATE OF Product code ( DISTANCE & ONLINE EDUCATION Amity Helpline: 1800-102-3434 (Toll-free), 0120-4614200 For Distance Learning Programmes: [email protected] | www.amity.edu/addoe DIRECTORATE OF For Online Learning programmes: [email protected] | www.amityonline.com DISTANCE & ONLINE EDUCATION (c )A m ity U ni ver Professional Ethics si ty O nl in e  e in © Amity University Press All Rights Reserved nl No parts of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. O SLM & Learning Resources Committee ty Chairman : Prof. Abhinash Kumar si Members : Dr. Divya Bansal Dr. Coral J Barboza Dr. Apurva Chauhan er Dr. Monica Rose Dr. Winnie Sharma v Member Secretary : Ms. Rita Naskar ni U ity m )A (c Published by Amity University Press for exclusive use of Amity Directorate of Distance and Online Education, Amity University, Noida-201313  Contents e Page No. in Module-1: Philosophy and Ethics 01 1.1 Introduction to Philosophy nl 1.2 Origin and Benifits of Ethics 1.3 Ethics: Definition, Moral Philosophy, Nature of Moral Judgments and Reactions. O 1.4 Theories of Ethics (Utilitarian Theory,Right Theory & Casuist Theory) 1.5 Freedom in Ethical Discourse ty Module-2: Ethical Issues and Practices at Workplace 12 2.1 Ethical Dilemma’s 2.2 Challenges in Ethical Decision Making si 2.3 Redressal of Grievances 2.4 Employee Rights 2.5 Conflicts of Interest er 2.6 Employee Relationship at Workplace v Module-3: Code of Ethics 29 ni 3.1 Principle of Ethics 3.2 Compliance Based and Values Based Code of Ethics U 3.3 Professional Obligation & Role of Regulatory Authority 3.4 Respect for Privacy & Confidentiality 3.5 Inform Consent ity 3.6 Debriefing Module-4: Sustainable Practices 39 m 4.1 Green Practices 4.2 Ethics to Handle VUCA Environment 4.3 Importance of Sustainability & Sustainable Business Practices )A 4.4 Corporate Social Responsibility 4.5 Inclusive Development (c  Module-5: Ethics in Different Domain 53 e 5.1 Roles of Ethics In Law, Journalism & Management 5.2 Roles of Ethics In Science, Enterpreneurship & Psychology in 5.3 Role of Ethics In Different Domain 5.4 Role of Ethics In Research,Medicine & Engineering nl O ty si v er ni U ity m )A (c  Professional Ethics 1 Module - I: Philosophy and Ethics Notes e Learning Objectives: in At the end of this topic, you will be able to understand: Introduction to Philosophy nl Origin and Benefits of Ethics Definition, Moral Philosophy, Nature of Moral Judgments and Reactions of Ethics O Theories of Ethics (Utilitarian Theory, Right Theory & Casuist Theory) Freedom in Ethical Discourse Introduction ty Philosophy is the study of general and fundamental problems, such as those connected with existence, knowledge, values, reason, mind and language. It is the si rational attempt to formulate, understand, and answer fundamental questions. Oxford Dictionary defines philosophy as “that department of knowledge which deals with ultimate reality, or with the most general causes and principles of things.” er Morality and ethics have a lot in common. Whereas it formerly would have been more correct to speak of moral judgements or moral principles, it is now usual to refer to ethical judgements or ethical principles. v 1.1: Introduction to Philosophy ni Western philosophy was born in Greece; the term ‘philosophy’ also has its roots in Greece and the Greek language. It is quite commonly known that Philosophia etymologically means ‘love of wisdom’ (Philia + Sophia). U According to tradition, Pythagoras was the first to describe himself as a philosopher. Philosophers are normal human beings like you and me. They only think differently. Philosophers are intellectuals and not saints. ity Philosophy is an intellectual enterprise. It is analytical and investigative in nature. It is explanatory. m Nature of Philosophy 1. Set of beliefs about life and the universe, which are often held uncritically: Usually )A when a person says “my philosophy is”, he or she is referring to a personal attitude to whatever topic is being discussed. 2. Process of reflecting on and criticising our most deeply held conceptions and beliefs: There are 2 senses of philosophy; “having” and “doing”. Having a philosophy is not sufficient for doing philosophy. A genuine philosophical attitude is searching (c and critical; it is open-minded and tolerant – willing to look at all sides of an issue without prejudice. Amity Directorate of Distance & Online Education  2 Professional Ethics 3. Rational attempt to look at the world as a whole: Philosophers wish to see life, not Notes e with the specialised slant of a scientist or businessperson or the artist, but with an overall view of someone cognizant of life as a totality in 4. Logical analysis of language and the clarification of the meaning of words and concepts: This is one of the functions of philosophy. Philosophers use methods of analysis and have sought to clarify the meaning of terms and the use of language. nl Benefits of Philosophy It gives shape to one’s life: one’s philosophy of life moulds one’s attitudes and O convictions, it has to be developed, which is possible only by coming into contact with the way in which philosophers have thought. Ability to make the human mind sharp and disciplined: Study of philosophy gives a depth to one’s thinking and acting—in one’s being. Besides giving depth, ty philosophy disciplines the mind in such a way that it is able to understand every other discipline of knowledge. Philosophy enables a person to have the clarity of concepts and precision of expressions. Such precision and clarity will be seen in si thinking, speaking and acting. Thus, philosophy enters practical life as well. Enables to think carefully and clearly about important issues. We take a step back from our everyday thinking and explore the deeper, bigger er questions which underpin our thought. Focus if philosophy is to learn not what to believe, but how to think. v Prompts you to work across disciplinary boundaries and to think flexibly and creatively about problems which do not present immediate solutions. ni 1.2: Origin and Benefits of Ethics Origin of Ethics U Ethics discusses the criteria of right and good. Ethics is derived from the Greek word “Ethos” which means customs, character, usages or habits. ity Ethics is the area of philosophy which investigates the principles governing human actions in terms of their goodness, badness, rightness, and wrongness, duties and obligations. Benefits of Ethics m Most of us would agree that it is ethics in practice that makes sense; just having it carefully drafted and redrafted in books may not serve the purpose. Of course, all of us want businesses to be fair, clean and beneficial to ety. For that to happen, organizations )A need to abide by ethics or rule of law, engage themselves in fair practices and competition; all of which will benefit the consumer, the society and organization. Primarily it is the individual, the consumer, the employee or the human social unit of the society who benefits from ethics. (c Satisfying Basic Human Needs: Being fair, honest and ethical is one the basic human needs. Every employee desire to be such himself and to work for an organization that is fair and ethical in its practices. Amity Directorate of Distance & Online Education  Professional Ethics 3 Creating Credibility: An organization that is believed to be driven by moral values Notes e is respected in the society even by those who may have no information about the working and the businesses or an organization. Infosys, for example is perceived as an organization for good corporate governance and social responsibility in initiatives. This perception is held far and wide even by those who do not even know what business the organization is into. nl Uniting People and Leadership: An organisation driven by values is revered by its employees also. They are the common thread that brings the employees and the decision makers on a common platform. This goes a long way in aligning behaviors within the organization towards achievement of one common goal or mission. O Improving Decision Making: A man’s destiny is the sum total of all the decisions that he/she takes in course of his life. The same holds true for organizations. Decisions are driven by values. For example, an organization that does not value ty competition will be fierce in its operations aiming to wipe out its competitors and establish a monopoly in the market. Long Term Gains: Organizations guided by ethics and values are profitable in the si long run, though in the short run they may seem to lose money. Tata group, one of the largest business conglomerates in India was seen on the verge of decline at the beginning of 1990’s, which soon turned out to be otherwise. The same er company’s Tata NANO car was predicted as a failure, and failed to do well but the same is picking up fast now. Securing the Society: Often ethics succeeds law in safeguarding the society. v The law machinery is often found acting as a mute spectator, unable to save the society and the environment. Technology, for example is growing at such a ni fast pace that the by the time law comes up with a regulation we have a newer technology with new threats replacing the older one. Lawyers and public interest litigations may not help a great deal but ethics can. U Benefits of Ethics in Workplace 1. Team Work will develop: When all the workers do their jobs in a responsible way, then a time comes when they have achieved the target way before the given deadline, ity then a question arises What Next? So, the situation automatically bonds up all the individuals into a team. 2. Decision-making and implementation are always easy: Whenever there is a need to take a big decision then the best one made is by the advice of the employees m of the company, and what will be better than every single employee respecting the decision and supporting the company to go ahead with their decision. 3. Less Legal Issues: When everything is managed and systematic then all the )A paperwork and the legal formalities are the primary things which are considered the most, so there is no question of any legal issues. 4. The company will Touch New level of Success: When your employees become experts in their respective works and respective fields, then their dedication and will, to do the work will show true colours and give more fruitful results. There is no one left negative: (c When people are detached from one another and someone gets negative regarding the companies’ work then it has been seen that from that single negative employee Amity Directorate of Distance & Online Education  4 Professional Ethics many are affected. Thus, there is a sudden decline in the working of the employees, Notes e but when everything is good to go and everyone is concerned about one another then things become systematic and in case if someone gets negative, the positive and supportive environment works as a boost up for the person and again he/she in starts working to their best. 5. Public Image and Brand Value Increases: an increase in the public image and an increase in the customer base is directly proportional to an increase in brand value. nl In simpler words when you gain popularity amongst your customers you start to develop your company into a brand. 6. Productivity will increase: When the working staff and the workers value the work O given to them and then they will do all the given work in time and achieve their set targets, this will greatly affect the sales and the productivity of the company. 7. Adaptive to changes: Workers with professional ethics in the workplace are definitely ty the master key to the lock of success. The team of understanding, trustworthy, reliable, motivate, concern and responsible people will defiantly adapt themselves into any kind of position and work they are filled with. si 8. Trouble-free working environment: Generally, where everyone is unknown and moreover no one wants to know each other there are higher chances of great trouble and where there is a friendly, respectful and great workplace or environment er between the employees there are fewer chances of the least troubles from the employees’ end. 1.3: Ethics: Definition, Moral Philosophy, v Nature of Moral Judgments and Reactions. ni What is Ethics Ethics is concerned with discovering the principles that should govern human conduct and with the investigation of normative issues involving value judgment. U It is related to human conduct, character and values. Ethics also explores into the problem of practical life i.e., morality. Branches of Philosophy ity 1. Epistemology ◌◌ The theory of knowledge, especially with regard to its methods, validity, and scope and the distinction between justified belief and opinion. m ◌◌ Comes from the Greek word episteme, meaning “knowledge” and logy means “science or study”. ◌◌ It studies the sources, nature, and validity of knowledge. )A 2. Metaphysics ◌◌ Meaning “comprehensive thinking about the nature of things”. ◌◌ It is usually the study or theory of reality. ◌◌ It attempts to offer a comprehensive view of all that exists. (c ◌◌ It is concerned with such problems as the relation to matter, the nature of change, the meaning of “freedom”, the existence of God, and the belief in personal immortality. Amity Directorate of Distance & Online Education  Professional Ethics 5 3. Value Theory Notes e ◌◌ This branch studies values. It can be subdivided into ethics, aesthetics and social and political philosophy. in ◌◌ In broader terms, ethics concerns itself with the question of morality. What is right and what is wrong in human relations? ◌◌ There are 3 major areas under ethics and morality: nl  Descriptive ethics – seek to identify moral experience in a descriptive way  Normative ethics – what ought to be, philosophers try to work out O acceptable judgments regarding what ought to be in choice and value.  Metaethics – focus is on analysis and language used in ethical discourse and the kind of reasoning used to justify ethical statements. ty 4. Logic ◌◌ The study of methods and principles used to distinguish correct from incorrect reasoning is the central issue with which logic deals. si ◌◌ Logic is the systematic study of the rules for the correct use of these supporting reasons, rules we can use to distinguish good arguments from bad ones. The ability to test arguments for logical consistency, understand the logical er consequences of certain assumptions, and distinguish the kind of evidence a philosopher is using are essential for “doing” philosophy. Scope of Philosophy v Scope of philosophy embraces the whole of reality. ni Although philosophy claims to consider everything in general and nothing in particular, we can still point out some generally accepted as typical philosophical. Branches cover the scope of philosophy. U Moral Philosophy As per paulsen ethics is a science of customs or morals. ity Ethics, also called moral philosophy the discipline concerned with what is morally good and bad and morally right and wrong. The term is also applied to any system or theory of moral values or principles. m Moral Judgment A judgement of right and wrong, good and bad is commonly termed as moral judgement. )A It is judgement of an individual which he passes to estimate the rightness or wrongness of his action. The moral judgment is the judgment which deals with the moral value or quality of an action. (c It is a judgment of value and it evaluates the rightness or wrongness of our actions. When we analyse a moral judgement then we find that it contains: Amity Directorate of Distance & Online Education  6 Professional Ethics a) a subject which will judge, Notes e b) an object whose action will be judged, c) a standard in conformity to which the action of the subject will be judged and in d) a power of judging the action as required Moral judgment is the judgment of moral quality of voluntary and habitual actions. nl The voluntary actions of a rational person which involve deliberation, choice, and resolution, have the moral quality of rightness and wrongness. Actions are considered to be right or wrong with reference to the moral standard O and on the basis of this standard, moral judgment is given. Nature of Moral Judgment ty 1. Moral Judgement is normative: Science is either normative or positive. Ethics is a normative science. In the words of Muirhead, “It is concerned with the judgement upon conduct, the judgement that such and such a conduct is right or wrong. It judges what our actions ought to be. si 2 Moral Judgement is axiological, not factual: Moral judgement is a judgement of value as distinguished from a judgement of fact. The judgements of psychology, physics etc are related to facts. That the sun rises in the east is a factual judgement. er imperative not descriptive. It is a mental process which discusses the goodness or badness of an activity. 3. Moral Judgement is ‘on’ an activity not about: It does not pronounce judgement v about but upon something. In moral judgement, we judge the goodness of some activity on the basis of a special criterion. ni 4. Moral Judgement is inferential: Before pronouncing a moral judgement on an act we place it upon the ethical standard and then we judge its goodness or badness from it. But this does not mean that argument is necessary on every subject. U 5. Moral judgement is objective in nature: Moral judgement has objective validity. It is not determined by the subjective inclinations and prejudices of the person who makes the judgement. ity 6. Moral judgement is Universal: Moral judgement is universal, i.e., if an action is right (or wrong) for one person in certain circumstances, it should be right (or wrong) for all persons in same circumstances. m 1.4: Theories of Ethics (Utilitarian Theory, Right Theory & Casuist Theory) Utilitarian Theory )A To a utilitarian, the choice that yields the greatest benefit to the most people are the one that is ethically correct. Utilitarian ethical theories are based on one’s ability to predict the consequences of an action. (c Although people can use their life experiences to attempt to predict outcomes, no one can be certain that his/her predictions will be accurate. Amity Directorate of Distance & Online Education  Professional Ethics 7 There are two types of utilitarianism, act utilitarianism and rule utilitarianism. Notes e Act utilitarianism subscribes precisely to the definition of utilitarianism—a person performs the acts that benefit the most people, regardless of personal feelings or in the societal constraints such as laws. Rule utilitarianism takes into account the law and is concerned with fairness. A rule utilitarian seeks to benefit the most people but through the fairest and most just nl means available. Example – Pharmaceutical company releasing a drug that is government approved, but with minor side effects. Therefore, added benefits of rule utilitarianism are that it O values justice and includes beneficence at the same time. Uncertainty can lead to unexpected results making the utilitarian decision maker appear unethical as time passes, as the choice made did not benefit the most ty people as predicted. Another assumption that a utilitarian decision maker must make concerns his/ her ability to compare the various types of consequences against each other on a si similar scale. But, comparing material gains, such as money, against intangible gains, such as happiness, is very difficult since their qualities differ to such a large extent. er An act utilitarian decision maker is concerned with achieving the maximum good. Thus, one individual’s rights may be infringed upon in order to benefit a greater number of people. v In other words, act utilitarianism is not always concerned with justice, beneficence or autonomy for an individual if oppressing the individual leads to the solution that ni benefits a majority of people. Rights Theory U In ethical theories based on rights, the rights established by a society are protected and given the highest priority. Rights are considered to be ethically correct and valid since a large population ity endorses them. Individuals may also bestow rights upon others if they have the ability and resources to do so. For example, a person may say that her friend may borrow her laptop for the afternoon. The friend who was given the ability to borrow the laptop now has a m right to the laptop in the afternoon. A major complication of this theory on a larger scale is that one must decipher what the characteristics of a right are in a society. )A The society has to determine what rights it wants to uphold and give to its citizens. In order for a society to determine what rights it wants to enact; it must decide what the society’s goals and ethical priorities are. Therefore, in order for the rights theory to be useful, it must be used in conjunction (c with another ethical theory that will consistently explain the goals of the society. Example - Right to jury trial or right to a lawyer. Amity Directorate of Distance & Online Education  8 Professional Ethics Casuist Theory Notes e Casuistry, in ethics, is a case-based method of reasoning. It is particularly employed in field specific branches of professional ethics such as business ethics and in bioethics. Casuistry typically uses general principles in reasoning analogically from clear-cut cases, called paradigms, to vexing cases. Similar cases are treated similarly. In this way, casuistry resembles legal reasoning. Casuistry may also use authoritative writings relevant to a particular case. nl Practitioners in various fields value casuistry as an orderly, yet flexible way to think about real-life ethical problems. Casuistry can be particularly useful when values or O rules conflict. For example, what should be done when a business executive’s duty to meet a client’s expectations collides with a professional duty to protect the public? Casuistry also helps clarify cases in which novel or complex circumstances make the application of rules unclear. Should email receive the same privacy protection as ty regular mail? If someone develops an idea while working for one employer, is it ethical to use that idea to help a subsequent employer? Casuistry seeks both to illuminate the meaning, and moral significance of the si details in such cases, and to discern workable solutions. Some practitioners classify casuistry as a subset of applied ethics, or practical ethics. It is considered as the branch of ethics that is concerned with the application of moral norms to practical problems. er Others restrict the term applied ethics to deductive reasoning from principles to cases. Accordingly, the philosophers view casuistry as an alternative to applied ethics. 1.5: Freedom in Ethical Discourse v Freedom is likened to be in relation with Right; when one says ‘it is my right to make ni speeches that please me’, and when one positions that ‘I have Freedom of Speech’. In the course of this discourse, the concept of freedom will be clarified and its (freedom) essences make known as coherent as possible. Let’s discuss the different definitions of U Freedom. Freedom plays a significant role in the relationship between one and another. Freedom is an important concept that works with consciousness and choice. Freedom implies the dignity, excellence, and nobility of the human person, without ity which life for the individual is altered and for the society, a total chaos and the general state of anarchy. Man’s freedom is not only a quality describing an aspect of his life but the dynamics of his being, a power giving direction and meaning to the very value that man holds the most desirable life. m Types of freedom Exercise Freedom Specification Freedom )A Exercise Freedom Freedom of exercise is that between contradictory alternatives; it is the freedom of an agent to act or not to act in an absolute sense. In any given situation, a man who (c is rational can will to act or will not to act. Man has this sort of freedom as a voluntary agent always, and here, freedom relates to the interior act of willing or not willing by the moral agent. The voluntary act and the free act, for all practical purposes, are identical. Amity Directorate of Distance & Online Education  Professional Ethics 9 Specification Freedom Notes e On the other hand, freedom of specification presupposes freedom of exercise and looks further to some objects specifying the act to be done by the agent. It is the choice in of this alternative rather than that or, more precisely, the choice of this means in relation to a desired end. The free act as a choice, therefore, is concerned with means properly, not with ends as ends. To will an end as an end is not a matter of choice but a matter nl of simple willing; an act of the will which centers precisely on the means is the act of choice. When reference is made to human freedom in a moral context, it is usually this freedom of specification that is meant. O Summary Philosophy includes all fields of speculative thought, including arts, sciences, and religion, and was defined as the pursuit of knowledge for its own sake. It is ty a system of ideas or points of view about life and the cosmos that are commonly maintained without question. The term ethics can apply to any philosophical theory, or any system of moral laws, principles, or values, and philosophical study of moral right and wrong. Even if such conventions were ultimately judged si deficient, the process of reflection tended to emerge from them. As a result, the establishment of the first moral rules marked the beginning of ethics. Systematising, defending, and endorsing conceptions of good and bad behaviour er are part of moral philosophy. A moral issue is one that must be handled not just by analysing technical details, but also by considering moral ideals. It is a current moral matter having potential to benefit or damage anybody, including oneself. v Ethics encompasses a wide range of philosophical issues. Many philosophical issues must be explained through ethics ni Check your Understanding (MCQs) 1. Ethical philosophy is involving? U a. Systemising the concepts of right or wrong b. Defending concepts of right or wrong c. Both ity d. None 2. Which of the following statement is true? a. Ethics is a science of character m b. Ethics is not a practical science c. Ethics is not an art )A d. Above all 3. Which of the following is the correct scope of ethics? a. In non-moral sphere b. In non-social sphere (c c. In moral sphere d. In non-religious sphere Amity Directorate of Distance & Online Education  10 Professional Ethics 4. What are the branches of ethical philosophy? Notes e a. Non-Descriptive Ethics b. Normative Ethics in c. Both d. None nl 5. Deontology is the word come from? a. Latin word O b. Greek word c. Indian word d. Portuguese word ty 6. Which of the following statement is correct regarding virtual theory? a. It treats the concept of moral virtue as non-central to ethics. si b. It treats the concept of non-moral virtue as central to ethics. c. It treats the concept of moral virtue as central to ethics. d. None er 7. What are morals? a. Moral values are relative values that does not protect life and are respectful of the dual life value of self and others. v b. Moral values are relative values that protect life and are non-respectful of the ni dual life value of self and others. c. Moral values are relative values that protect life and are respectful of the dual life value of self and others. U d. None 8. What are moral issues? a. Any issue with the potential to help or harm anyone, not including oneself ity b. Any issue with the potential to help or harm anyone, including oneself c. Any issue with the non-potential to help or harm anyone, including oneself d. None m 9. Which of the following statement is correct? a. The moral dilemmas cannot easily be addressed or resolved always )A b. The moral dilemmas can easily be addressed or resolved always c. The dilemmas cannot easily be addressed or resolved always d. None 10. What are the links between philosophy and Ethics? (c a. Ethical ideals are founded in the moral order of the universe. Being a normative science, ethics details ethical ideals. These ethical ideals are Amity Directorate of Distance & Online Education  Professional Ethics 11 founded in the moral order of the universe. Thus, their study takes ethics into Notes e the field of philosophy. b. Ethical ideals are based upon the nature of objects. Ethical judgments are in categorical imperatives. They are themselves based upon the nature of objects for which ethics has to go to philosophy. c. Both nl d. None Check Your Understanding – Answers O 1. c 2. d 3. c 4. b 5. b 6. c ty 7. c 8. B 9. a 10. c si v er ni U ity m )A (c Amity Directorate of Distance & Online Education  12 Professional Ethics Module - II: Ethical Issues and Practices at Workplace Notes e Learning Objectives: in At the end of this topic, you will be able to understand: Ethical Dilemmas nl Challenges in ethical decision making Redressal of grievances O Employee Rights Conflicts of Interest Employee Relationship at workplace ty Introduction Ethics are the well-grounded standards of right and wrong that dictate what si humans ought to do. These are usually put in terms of rights, duties, benefits to the society, fairness and other specific virtues. They outline a framework to establish what conduct is right or wrong for individuals and broader groups in society. An ethical er dilemma is a conflict between alternatives where, no matter what a person does, some ethical principle will be compromised. Analysing the options and their consequences provides the basic elements for decision-making. v 2.1: Ethical Dilemmas in Workplace ni Many large organisations set out their purposes and values as a part of the job of managing stakeholder relationships. Such guidelines, or ethical codes, set out desirable conduct and best practices, provide framework to help employees resolve ethical U dilemmas they may encounter in their work. What Is an Ethical Dilemma? There are three conditions that must be present for a situation to be considered an ity ethical dilemma. The first condition occurs in situations when an individual, called the “agent,” must make a decision about which course of action is best. Situations that are uncomfortable but that don’t require a choice, are not ethical dilemmas. For example, students in their internships are required to be under the supervision of an appropriately m credentialed social work field instructor. Therefore, because there is no choice in the matter, there is no ethical violation or breach of confidentiality when a student discusses a case with the supervisor. The second condition for ethical dilemma is that there must be different courses of action to choose from. Third, in an ethical dilemma, no matter )A what course of action is taken, some ethical principle is compromised. In other words, there is no perfect solution. How to solve an ethical dilemma? (c The biggest challenge of an ethical dilemma is that it does not offer an obvious solution that would comply with ethical norms. Throughout the history of humanity, Amity Directorate of Distance & Online Education  Professional Ethics 13 people have faced such dilemmas, and philosophers aimed and worked to find Notes e solutions to them. The following approaches to solve an ethical dilemma were deduced: in ◌◌ Refute the paradox (dilemma): The situation must be carefully analysed. In some cases, the existence of the dilemma can be logically refuted. ◌◌ Value theory approach: Choose the alternative that offers the greater good or nl the lesser evil. ◌◌ Find alternative solutions: In some cases, the problem can be reconsidered, and new alternative solutions may arise. O Some examples of ethical dilemma examples include: ◌◌ Taking credit for others’ work ty ◌◌ Offering a client a worse product for your own profit ◌◌ Utilising inside knowledge for your own profit Ethical dilemmas in business si Ethical dilemmas are especially significant in professional life, as they frequently occur in the workplace. Some companies and professional organisations (e.g., CFA) adhere to their own codes of conduct and ethical standards. Violation of the standards may lead to disciplinary sanctions. er Almost every aspect of business can become a possible ground for ethical dilemmas. It may include relationships with co-workers, management, clients, and v business partners. ni People’s inability to determine the optimal solution to such dilemmas in a professional setting may result in serious consequences for businesses and organisations. The situation may be common in companies that value results the most. U In order to solve ethical problems, companies and organisations should develop strict ethical standards for their employees. Every company must demonstrate its concerns regarding the ethical norms within the organisation. In addition, companies may provide ethical training for their employees. ity The individual at work: ◌◌ We all have rights, duties, responsibilities, powers, interests etc which accrue to us as people within a society. m ◌◌ We do not lose these moral responsibilities as we enter the work place instead, we gain new ones that are contingent to holding the post within the organization. ◌◌ These new powers, responsibilities, duties, interests, concerns etc can be )A different from the ones we had before, they may even be in conflict with them. Many of the moral dilemmas faced at the workplace are raised by issues that are not peculiar to work but are to do with interpersonal relationships with the people you are dealing with. Decision making involves a great degree of value clarity, ethical decision making (c involves more! Unlike certain financial, inventory and production decisions, ethical decisions cannot be coded into digital machines. They require critical thinking and evaluation. Amity Directorate of Distance & Online Education  14 Professional Ethics What makes ethical decision making so difficult? Why cannot ethical decisions be Notes e programmed like other decisions? What leads to dilemmas in ethical decision making? in 2.2: Challenges in Ethical Decision Making Coleman suggests ten (10) barriers to the ethical problem-solving process. They are: nl ◌◌ Lack of knowledge of Ethical Standards Financial Incentives Perfectionism O Fear of Criticism/Scrutiny by Others High Affiliative Needs ty Personal and/or Professional Immaturity Counsellor Substance Abuse Lack of Personal Values Clarification si Limitations of Codes of Ethics and Conduct Lack of a Decision-Making Model er Lack of Knowledge of Ethical Standards Society is fast paced and ever changing. Counsellors are obliged to remain committed to ongoing learning and development within the profession. This includes v continuing awareness of relevant ethical codes and standards. ni It also incorporates knowledge of legal standards and laws. Ignorance is not a defence. Counsellors can overcome this obstacle through personal commitment to professional development and maintaining professional memberships. U Financial Incentives Ethical dilemmas often present in the form of gifts or rewards offered to the counsellor either directly by the client, or indirectly through an agency. ity A counsellor may justify the acceptance of such gifts/rewards by undervaluing the monetary value of their role. Coleman (n.d) considers that counsellors rationalise this behaviour by telling m themselves that they are underpaid and deserve it. This barrier often inhibits the counsellor at the beginning of the ethical decision- making process stopping them from adequately clarifying the problem. )A Reaffirming the reason for entering the counselling profession may assist the counsellor in overcoming this obstacle. Perfectionism (c A large barrier at the implementation stage of the ethical problem-solving process is the counsellor’s fear of not making a good decision. A counsellor may become over concerned with ‘doing the right thing’, so much so that they are unable to put the Amity Directorate of Distance & Online Education  Professional Ethics 15 decision into practice. Coleman (n.d) proposes that counsellors acknowledge that there Notes e is rarely one ‘right’ choice and to look beyond self. Fear of Criticism/Scrutiny in No one likes to be criticised and counsellors are no different. It is however, inevitable that the decision taken will not be popular with all. nl To overcome the fear, a counsellor needs to accept that the choice they have made is the correct one for the situation and that not everyone will be pleased. O High Affiliative Needs This barrier often accompanies perfectionism. Many counsellors have a need to be liked and ethical decisions may not always ty be popular. This need can leave the counsellor open to manipulation. si Personal awareness can help the counsellor overcome this barrier. Personal and/or Professional Immaturity er Coleman (n.d) identifies immaturity as acting impulsively without any conviction. Immaturity involves acting on and implementing decisions that satisfy the counsellor first, often without any consideration to the client. v The use of an ethical problem-solving model can assist in conquering this barrier. ni Counsellor Substance Abuse Stress within any profession can lead to substance abuse, counsellors too are U vulnerable. The counsellor who acts under the influence of alcohol or other substances is putting themselves, their client/s and the profession at harm. Counsellors need to be aware of the effect personal issues may have on themselves, how it transcends to their professional life and how they deal with said issues (Corey, Corey and Callanan 2007). ity Lack of Personal Values Clarification Commitment to ongoing professional growth is facilitative and required. Counsellors also need to be dedicated to personal development and knowledge of self/values. m As with professional development this is an ongoing reflection. Failure to do this could result in the counsellor becoming stuck and lacking the maturity to undertake sound ethical practice. )A Limitations of Codes of Ethics and Conduct Stein (1990) identifies a number of limitations pertaining to ethical codes. They are: ◌◌ Written in broad, general terms not specific to any one particular situation. (c ◌◌ Can conflict with other Codes or regulations ◌◌ Reactive rather than proactive Amity Directorate of Distance & Online Education  16 Professional Ethics ◌◌ Silent or blind to some situations/problems Notes e Vital to remain alert to the Ethical Codes offered by professional memberships and acknowledge limits. in Lack of a Decision-Making Model Decisions that are made impulsively fail to acknowledge the extent of the dilemma nl and the process. A clear structure to follow means that the decision made is more likely to be ‘morally acceptable, clinically appropriate and suit both the client and the counsellor’s interests’ (Coleman, n.d., p9). O In essence, Barriers exist to the ethical decision-making process. These barriers may be due to the agency a counsellor works for or barriers within the counsellor themselves. Barriers may be overcome through (a) continual counsellor self-reflection, (b) ty ongoing awareness of professional ethical codes, (c) solid application of a systematic decision-making model. Petrick and Quinn (1997: 24-5) state five reasons for managers to improve their si ethical decision making: ◌◌ The costs of unethical workplace conduct er ◌◌ The lack of awareness of ethically questionable, managerial, role-related acts ◌◌ The widespread erosion of integrity and exposure to ethical risk ◌◌ The global corruption pressures that threaten managerial and organisational reputation v ◌◌ The benefits of increased profitability and intrinsically desirable organisational ni order. A very practical approach to ethical decision making has been suggested by Laura Nash (1981: 80) who argues that there are twelve questions managers should U systematically ask in a quest to make an ethical decision: (1) Have you defined the problem accurately? (2) How would you define the problem, if you stood on the other side of the fence? ity (3) How did this situation occur in the first place? (4) To whom and what do you give your loyalties as a person, and as a member of the corporation? (5) What is your intention in making this decision? m (6) How does this intention compare with the likely results? (7) Whom could your decision or action injure? )A (8) Can you engage the affected parties in a discussion of the problem, before you make your decision? (9) Are you confident that your position will be as valid over a long period of time as it seems now? (c (10) Could you disclose without qualms your decision or action to your boss, your CEO, the board of directors, your family, or society as a whole? Amity Directorate of Distance & Online Education  Professional Ethics 17 (11) What is the symbolic potential of your action if understood? If misunderstood? Notes e (12) Under what conditions would you allow exceptions to your stand? in 2.3: Redressal of Grievances When an employee raises a workplace grievance, you must take them seriously. Whether or not your employee’s grievance is valid, it could be having a negative effect nl on them. Their morale might have dropped. And because of this, their productivity levels O might drop. And before long, your staff retention numbers fall as disgruntled staff leave the business. An employee grievance is a concern, problem, or complaint that an employee has about their work, the workplace, or someone they work with—this includes ty management. Something has made them feel dissatisfied, and they believe it is unfair and/or unjust on them. si Types of grievances in the workplace These are the most common examples of employee grievances. ◌◌ Pay and benefits. er ◌◌ Bullying. ◌◌ Work conditions. v ◌◌ Workload. Pay and benefits grievances ni As an employer, you’ve probably had at least one member of your staff come to you to express that they’re unhappy with what you’re paying them. Your employee U might mention: That they want a higher salary. They think they should be earning as much as somebody who does a similar job in ity the organisation. They might be trying to receive expenses—such as for their commute. Make sure that you have a pay and benefits policy that outlines how often you will conduct salary and benefits reviews with your staff, and ensure that any documents m your employees receive are in line with this policy. Bullying grievances )A It’s inevitable that members of staff in your workplace just won’t get on. But that doesn’t mean you should allow bullying or harassment. You must have a zero- tolerance policy. Ensure that you give everyone your anti-bullying and anti- harassment policies, and (c always email any updates or revisions. These policies should include the disciplinary procedure you’ll follow if somebody lodges a grievance for bullying or harassment. Amity Directorate of Distance & Online Education  18 Professional Ethics Working conditions grievances Notes e Nobody wants to lose a valuable employee because of problems with their workplace conditions. It’s up to you to prevent this. in Think about: ◌◌ Cleanliness on the office floors or in the kitchen. nl ◌◌ Desk etiquette. ◌◌ Bathroom conditions. ◌◌ Health and safety hazards. O ◌◌ Temperatures in the workplace ◌◌ Conduct workplace risk assessments regularly to identify any possible hazards, such as a leak. ty ◌◌ Have a first aid officer, a first aid kit, and signs designating fire exits. Workload grievances si You can often find a link between grievances about their workload, and pay and benefits issues that staff raise. Typical situations that cause problems with employees are: er Increasing your employee’s workload when another employee leaves, rather than finding a replacement. Increasing an employee’s workload because you’ve made other staff redundant to v cut costs. If you’re going to increase an employee’s workload, you should be ready for them ni to ask, “What’s in it for me?” And if you’re hoping that your employee will just do more work for no extra pay or benefits, and not even a recognised promotion, you’re likely to frustrate your employee. U Workplace grievances are inevitable. In fact, it is said that to have a grievance is to have a purpose in life! Unattended grievances are like loose cannon balls in a ship - unless managed well, they can wreck the ship. ity A clear, transparent, quick, robust and confidential grievance redressal system can effectively help manage workplace conflicts and potentially go a long way in bringing harmony at the workplace. Some of the better places to work have an effective employee grievance redressal mechanism. For the others, it may just be m the need for the hour. In a recent session conducted on Employee Relations for a leading manufacturing company in India, some of the important causes for employee grievance issues )A include unclear organisational strategy, adhoc / inconsistent decision making, trust deficit, inability to resolve issues effectively, unpathetic approach, lack of transparency, insufficient communication, low level of engagement with employees / union members, and inability to manage expectations, amongst others. (c In the same session, HR managers indicated building trust, having honest & open conversation with union, managing aspirations of employees, changing the mind-set of employees & union, managing multiple unions, building effective relations with unions, Amity Directorate of Distance & Online Education  Professional Ethics 19 managing discipline, improving productivity, ever changing approach of the organisation, Notes e changing demographics, changing legal landscape, and understanding the legality & provisions of different laws, as their main challenges for employee relations. in In India, certain central and state specific labour laws require the employer to adopt certain grievance redressal mechanisms at the workplace. Here is a quick list of various mechanisms under various laws which the HR managers should be familiar with and nl can incorporate as part of their HR policies & practices: Internal Complaints Committee O As per Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 of India (POSH Act), every workplace having at least 10 employees is required to constitute an Internal Complaints Committee (IC). The IC is required to investigate into complaints of sexual harassment of women at the workplace ty and give recommendations to the employer. The IC has the same powers as are vested in a civil court (under the Code of Civil Procedure, 1908) and can hold office for 3 years. The law provides 90 days to the IC to complete its investigation and another 10 days to si issue the report Grievance Redressal Committee: er As per section 9C of the Industrial Disputes Act, 1947 of India (IDA), every employer employing at least 20 workmen[ii], is required to set up a Grievance Redressal Committee (GRC) for resolution of the disputes arising out of grievances of the workmen. The GRC should not consist of more than six members and must have an v equal number of representations of both, the management and the workmen class. ni The draft Industrial Relations Code, 2019 which has been introduced in Lok Sabha, proposes that the industrial establishment should have one or more GRC to resolve disputes arising out of grievances of individual worker relating to non-employment, terms of employment or conditions of service. U Additionally, it proposes to increase the total number of members of GRC to ten. Although having a GRC has been mandated by IDA, any employer who already ity has an established process for grievance redressal may not be required to set up a separate GRC. Works Committee The labour authorities may under section 3 of the IDA, order an establishment m having at least 100 workmen, to set up a Works Committee (WC). The WC is required to promote measures for securing and preserving good relations between the employer and its workmen, and to that extent, comment upon matters of common interest or concern. It )A should also endeavour to compose any material difference of opinion in the organisation. A WC may be more common in cases where employees are unionised and there is collective bargaining. The constitution of the WC should be such that the number of representatives of workmen on the WC is not less than the number of representatives (c of the employer. Amity Directorate of Distance & Online Education  20 Professional Ethics Committee for Employee’s Health and Safety Notes e Certain Indian states like Maharashtra (covering employers in Mumbai and Pune), require employers employing at least 100 workers, to set up a Health, Safety in and Welfare Committee (HSW Committee). The duty of the HSW Committee incudes surveying and identifying any accident prone or hazardous objects or spots in the premises, rectifying such spots, conducting healthcare camps once a year, creating awareness about contagious diseases, epidemics or natural calamities, conducting nl recreational and cultural activities, and conducting social and educational awareness programmes. The HSW Committee is to be constituted with equal number of employer and worker’s representatives O Whistleblowing in India: As per the Companies Act, 2013, certain categories of companies are required to ty have a vigil mechanism (similar to whistleblowing channels). Every listed company and those companies which accept deposits from the public or have borrowed money from banks and public financial institutions in excess of INR 50 crores (approx. USD 7 million), are required to have a vigil mechanism si in place. Additionally, the Securities and Exchange Board of India (SEBI) mandates every er listed company to have a whistle blower policy or vigil mechanism for its directors and employees to report genuine concerns and publish the details on its website. While the Whistle Blowers Protection (Amendment) Bill, 2015 was introduced by Lok Sabha, it is yet to be enacted as a law. Accordingly, private employers in India v (unlisted entities) are yet to be mandated with a whistleblowing policy ni In addition to internal channels, employees can also look to utilising the external mechanisms. Indian labour laws also provide for a list of acts which are construed as unfair labour practices on the part of the employer. Among others, discharging or dismissing workmen by way of victimisation, not in good faith or colourable U exercise of employer’s rights, are considered as an unfair labour practice by the employer, for which the employee can raise an industrial dispute. In such situations, workmen can approach the labour courts and industrial tribunals for resolving their industrial disputes. ity The IDA also provides for the appointment of conciliation officers to try to conciliate the workmen’s grievances, prior to the case being referred to the labour court or industrial tribunal. m In a bid to discourage employees from going external and to allow employees to complaint on an anonymous basis, some of the progressive organisations have effectively and voluntarily adopted policies and implemented mechanisms to proactively address employee grievances across the organisation. )A For example, it is common to see US and European headquartered companies having large operations in India to extend their online Ethics Hotline, so as to allow their employees in India to report any conduct that may be unethical, unprofessional, illegal, or otherwise inconsistent with the organisation’s policies (c or Code of Conduct. Some organisations prefer a more informal set up such as an Open Door Policy to encourage the employees to resolve disputes through informal discussions as a quicker and simpler approach. Amity Directorate of Distance & Online Education  Professional Ethics 21 While there is no magic bullet, effective employee grievance mechanisms can Notes e legally protect employers in several situations, especially in today’s world of work where employees are well- informed of their rights and entitlements. Some employees may not have legal protection as not being workman or by way of in nature of employment, however increasing trends of “employee activism” is becoming an acceptable norm to resolve their grievances. nl Quick and fair redressal of the grievance is key to success. Displaying positive & empathetic approach, irrespective of the outcome of the redressal, is usually more productive and appreciated. Having said this, knowing & being compliant with various legal provisions are mandatory and the law needs to be followed in letter O and spirit. As it is commonly said, a stitch in time saves nine! ty 2.4: Employee Rights During the course of their employment, all employees are entitled to certain fundamental duties and rights. These basic rights are proportional to an employer’s duty si to make the workplace as comfortable and employee-friendly as possible. These rights safeguard the employee from discrimination based on age, gender, race or religion, protect their interest and entitles them with the right to privacy and fair remuneration. er The employment laws in India lay down several provisions to safeguard the interest of employees, some of which are not applicable to all the employees working in different sectors. For instance, there are no specific laws that govern the rights and v obligations of employees working in the private sector. ni Seven basic employee’s rights: ◌◌ Contract of employment, ◌◌ Payslip, U ◌◌ Minimum wage, ◌◌ Breaks and rest, ◌◌ Annual leave/Public holidays, ity ◌◌ Maximum is 48 working hours per week, ◌◌ Notice before dismissal. 1. Contract of Employment m The employer needs to give all employees certain information in writing within two months of starting their employment. Following information must be included in your contract: )A ◌◌ The full names of the employer and the employee, ◌◌ The address of the employer, ◌◌ The place of work, ◌◌ Job title or nature of the work, (c ◌◌ Starting date of employment, ◌◌ If the contract is temporary, the expected duration of employment, Amity Directorate of Distance & Online Education  22 Professional Ethics ◌◌ The rate of pay or method of calculating pay, Notes e ◌◌ Whether pay is weekly, monthly or otherwise, ◌◌ Hours of work, including overtime, in ◌◌ Paid leave (other than paid sick leave), ◌◌ Terms and condition for sick or injury leave, ◌◌ Periods of notice. nl 2. Leave: During the course of employment, an employee is entitled to leaves and holidays. Generally, there are 4 types of leaves available to an employee in India: O ◌◌