Misconduct

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Misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts. It is an act which is forbidden or a failure to do that which is required. Misconduct may involve harm to another person's health or well-being.
Misconduct is of particular importance in professional settings (e.g. lawyers, scientists, doctors, military personnel), in the workplace and various institutions (e.g. schools, hospitals, prisons). Two categories of misconduct are sexual misconduct and official misconduct. In connection with school discipline, "misconduct" is generally understood to be student behavior that is unacceptable to school officials but does not violate criminal statutes, including absenteeism, tardiness, bullying, and inappropriate language. [1] Misconduct in the workplace generally falls under two categories. Minor misconduct is seen as unacceptable but is not a criminal offense (e.g. being late, faking qualifications). Gross misconduct can lead to immediate dismissal because it is serious enough and possibly criminal, e.g. stealing or sexual harassment.

Contents

Organizational

Organization and management scholars have paid much attention to the causes, forms, modes of development, and consequences of misconduct within or among organizations. [2] They have studied different types of misconduct, such as white-collar crimes, insider trading, or deceptive accounting. [3] [4] Financial misconduct became prominent after the financial crisis of 2007–2008 that revealed how financial organizations can operate profitable illicit activities over decades. [5] Organizational misconduct can involve many organizations that collaborate, such as the case of cartels where firms reduce competition by agreeing on production or pricing, then conceal their actions together and maintain collective secret.

Financial

The failure to understand and manage ethical risks played a significant role in the financial crisis. The difference between bad business decisions and business misconduct can be hard to determine, and there is a thin line between the ethics of using only financial incentives to gauge performance and the use of holistic measures that include ethics, transparency and responsibility of stakeholders. From CEO's to traders and brokers, all-too-tempting lucrative financial incentives existed for performance in the financial industry.
The past widespread financial misconduct led to a call for financial reform. The Dodd-Frank Wall Street Reform and Consumer Protection Act was passed in 2010 to increase accountability and transparency in the financial industry and protect consumers from deceptive financial practices. [6]

Related Research Articles

Business ethics is a form of applied ethics or professional ethics, that examines ethical principles and moral or ethical problems that can arise in a business environment. It applies to all aspects of business conduct and is relevant to the conduct of individuals and entire organizations. These ethics originate from individuals, organizational statements or the legal system. These norms, values, ethical, and unethical practices are the principles that guide a business.

Consumer privacy is information privacy as it relates to the consumers of products and services.

<span class="mw-page-title-main">Sexual harassment</span> Unwanted sexual attention or advances

Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favors. Sexual harassment can be physical and/or a demand or request for sexual favors, making sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature, verbal. Sexual harassment includes a range of actions from verbal transgressions to sexual abuse or assault. Harassment can occur in many different social settings such as the workplace, the home, school, or religious institutions. Harassers or victims can be of any gender.

<span class="mw-page-title-main">White-collar crime</span> Financially motivated nonviolent crime committed by business and government professionals

The term "white-collar crime" refers to financially motivated, nonviolent or non-directly violent crime committed by individuals, businesses and government professionals. It was first defined by the sociologist Edwin Sutherland in 1939 as "a crime committed by a person of respectability and high social status in the course of their occupation". Typical white-collar crimes could include wage theft, fraud, bribery, Ponzi schemes, insider trading, labor racketeering, embezzlement, cybercrime, copyright infringement, money laundering, identity theft, and forgery. White-collar crime overlaps with corporate crime.

<span class="mw-page-title-main">Corporate social responsibility</span> Form of corporate self-regulation aimed at contributing to social or charitable goals

Corporate social responsibility (CSR) or corporate social impact is a form of international private business self-regulation which aims to contribute to societal goals of a philanthropic, activist, or charitable nature by engaging in, with, or supporting professional service volunteering through pro bono programs, community development, administering monetary grants to non-profit organizations for the public benefit, or to conduct ethically oriented business and investment practices. While once it was possible to describe CSR as an internal organizational policy or a corporate ethic strategy similar to what is now known today as Environmental, Social, Governance (ESG); that time has passed as various companies have pledged to go beyond that or have been mandated or incentivized by governments to have a better impact on the surrounding community. In addition national and international standards, laws, and business models have been developed to facilitate and incentivize this phenomenon. Various organizations have used their authority to push it beyond individual or even industry-wide initiatives. In contrast, it has been considered a form of corporate self-regulation for some time, over the last decade or so it has moved considerably from voluntary decisions at the level of individual organizations to mandatory schemes at regional, national, and international levels. Moreover, scholars and firms are using the term "creating shared value", an extension of corporate social responsibility, to explain ways of doing business in a socially responsible way while making profits.

Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other types of aggression. To these descriptions, one can also add the Kantian notion of the wrongness of using another human being as means to an end rather than as ends in themselves. Some sources describe abuse as "socially constructed", which means there may be more or less recognition of the suffering of a victim at different times and societies.

Sexual misconduct is misconduct of a sexual nature which exists on a spectrum that may include a broad range of sexual behaviors considered unwelcome. This includes conduct considered inappropriate on an individual or societal basis of morality, sexual harassment and/or criminal sexual assault.

Managerial economics is a branch of economics involving the application of economic methods in the organizational decision-making process. Economics is the study of the production, distribution, and consumption of goods and services. Managerial economics involves the use of economic theories and principles to make decisions regarding the allocation of scarce resources. It guides managers in making decisions relating to the company's customers, competitors, suppliers, and internal operations.

A code of conduct is a set of rules outlining the norms, rules, and responsibilities or proper practices of an individual party or an organization.

Sexual ethics is a branch of philosophy that considers the ethics or morality or otherwise in sexual behavior. Sexual ethics seeks to understand, evaluate and critique interpersonal relationships and sexual activities from a social, cultural, and philosophical perspective. Some people consider aspects of human sexuality, such as gender identification and sexual orientation, as well as consent, sexual relations and procreation, as giving rise to issues of sexual ethics.

Workplace bullying is a persistent pattern of mistreatment from others in the workplace that causes either physical or emotional harm. It can include such tactics as verbal, nonverbal, psychological, and physical abuse, as well as humiliation. This type of workplace aggression is particularly difficult because, unlike the typical school bully, workplace bullies often operate within the established rules and policies of their organization and their society. In the majority of cases, bullying in the workplace is reported as having been done by someone who has authority over the victim. However, bullies can also be peers, and subordinates. When subordinates participate in bullying this phenomenon is known as upwards bullying .The least visible segment of workplace bullying involves upwards bullying where bully- ing tactics are manipulated and applied against “the boss,” usually for strategically designed outcomes.

Compliance training refers to the process of educating employees on laws, regulations and company policies that apply to their day-to-day job responsibilities. An organization that engages in compliance training typically hopes to accomplish several goals: (1) avoiding and detecting violations by employees that could lead to legal liability for the organization; (2) creating a more hospitable and respectful workplace; (3) laying the groundwork for a partial or complete defense in the event that employee wrongdoing occurs despite the organization's training efforts; and (4) adding business value and a competitive advantage.

Marketing ethics is an area of applied ethics which deals with the moral principles behind the operation and regulation of marketing. Some areas of marketing ethics overlap with media and public relations ethics.

The chief compliance officer (CCO) is a corporate executive within the C-suite responsible for overseeing and managing regulatory compliance issues within an organization. The CCO typically reports to the chief executive officer or the chief legal officer.

Organizational ethics is the ethics of an organization, and it is how an organization responds to an internal or external stimulus. Organizational ethics is interdependent with the organizational culture. Although it is to both organizational behavior and industrial and organizational psychology as well as business ethics on the micro and macro levels, organizational ethics is neither organizational behavior nor industrial and organizational psychology, nor is it solely business ethics. Organizational ethics express the values of an organization to its employees and/or other entities irrespective of governmental and/or regulatory laws.

Supply-chain sustainability is the impact a company’s supply chain can make in promoting human rights, fair labor practices, environmental progress and anti-corruption policies. There is a growing need for integrating sustainable choices into supply-chain management. An increasing concern for sustainability is transforming how companies approach business. Whether motivated by their customers, corporate values or business opportunity, traditional priorities such as quality, efficiency and cost regularly compete for attention with concerns such as working conditions and environmental impact. A sustainable supply chain seizes value chain opportunities and offers significant competitive advantages for early adopters and process innovators.

Ethics in the public sector is a broad topic that is usually considered a branch of political ethics. In the public sector, ethics addresses the fundamental premise of a public administrator's duty as a "steward" to the public. In other words, it is the moral justification and consideration for decisions and actions made during the completion of daily duties when working to provide the general services of government and nonprofit organizations. Ethics is defined as, among others, the entirety of rules of proper moral conduct corresponding to the ideology of a particular society or organization (Eduard). Public sector ethics is a broad topic because values and morals vary between cultures. Despite the differences in ethical values, there is a growing common ground of what is considered good conduct and correct conduct with ethics. Ethics are an accountability standard by which the public will scrutinize the work being conducted by the members of these organizations. The question of ethics emerges in the public sector on account of its subordinate character.

Integrity management consulting is an emerging sector of consultancy that advises individuals and corporations on how to apply the highest ethical standards to every aspect of their business. Integrity within a corporate set-up is a holistic approach that makes prudent and ethical decisions in finance and other areas, including operations, marketing, human resources and manufacturing. At the core of integrity management is the belief that companies have a strong interest and responsibility to act with integrity at all times.

<span class="mw-page-title-main">Whistleblower protection in the United States</span>

A whistleblower is a person who exposes any kind of information or activity that is deemed illegal, unethical, or not correct within an organization that is either private or public. The Whistleblower Protection Act was made into federal law in the United States in 1989.

While psychopaths typically represent a very small percentage of workplace staff, the presence of psychopathy in the workplace, especially within senior management, can do enormous damage. Indeed, psychopaths are usually most present at higher levels of corporate structure, and their actions often cause a ripple effect throughout an organization, setting the tone for an entire corporate culture. Examples of detrimental effects include increased bullying, conflict, stress, staff turnover, absenteeism, and reduction in both productivity and social responsibility. Ethical standards of entire organisations can be badly damaged if a corporate psychopath is in charge. A 2017 UK study found that companies with leaders who show "psychopathic characteristics" destroy shareholder value, tending to have poor future returns on equity.

References

  1. Special education dictionary (in Spanish). Horsham, PA: LRP Publications. 1997. ISBN   978-1-57834-002-6. OCLC   36543485.
  2. Greve, Henrich R.; Palmer, Donald; Pozner, Jo-Ellen (2010). "Organizations Gone Wild: The Causes, Processes, and Consequences of Organizational Misconduct". Academy of Management Annals. 4 (1): 53–107. doi:10.5465/19416521003654186. ISSN   1941-6520.
  3. Harris, Jared; Bromiley, Philip (2007). "Incentives to Cheat: The Influence of Executive Compensation and Firm Performance on Financial Misrepresentation". Organization Science. 18 (3): 350–367. doi:10.1287/orsc.1060.0241. ISSN   1047-7039. JSTOR   25146106. S2CID   23443477.
  4. Zahra, Shaker A.; Priem, Richard L.; Rasheed, Abdul A. (2005). "The Antecedents and Consequences of Top Management Fraud". Journal of Management. 31 (6): 803–828. doi:10.1177/0149206305279598. ISSN   0149-2063. S2CID   146237606.
  5. Klimczak, Karol Marek; Sison, Alejo José G.; Prats, Maria; Torres, Maximilian B. (2021-05-06). "How to Deter Financial Misconduct if Crime Pays?". Journal of Business Ethics. Springer Science and Business Media LLC. 179: 205–222. doi: 10.1007/s10551-021-04817-0 . ISSN   0167-4544.
  6. Ferrell, Fraedrich: Business Ethics, eleventh edition Ethical Decision Making and Case, Sexual Harassment in Workplace. February 17, 2017. p. 80

Further reading