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.

Contents

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.

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]

Police misconduct

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.

<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 colored remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. 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.

Abuse is the improper usage or treatment of a person or 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.

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.

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 bullying tactics are manipulated and applied against "the boss," usually for strategically designed outcomes.

Industry self-regulation is the process whereby members of an industry, trade or sector of the economy monitor their own adherence to legal, ethical, or safety standards, rather than have an outside, independent agency such as a third party entity or governmental regulator monitor and enforce those standards. Self-regulation may ease compliance and ownership of standards, but it can also give rise to conflicts of interest. If any organization, such as a corporation or government bureaucracy, is asked to eliminate unethical behavior within their own group, it may be in their interest in the short run to eliminate the appearance of unethical behavior, rather than the behavior itself, by keeping any ethical breaches hidden, instead of exposing and correcting them. An exception occurs when the ethical breach is already known by the public. In that case, it could be in the group's interest to end the ethical problem to which the public has knowledge, but keep remaining breaches hidden. Another exception would occur in industry sectors with varied membership, such as international brands together with small and medium size companies where the brand owners would have an interest to protect the joint sector reputation by issuing together self-regulation so as to avoid smaller companies with less resources causing damage out of ignorance. Similarly, the reliability of a professional group such as lawyers and journalists could make ethical rules work satisfactorily as a self-regulation if they were a pre-condition for adherence of new members.

<span class="mw-page-title-main">Workplace violence</span> Assault, abuse or threat that occurs in the workplace

Workplace violence, violence in the workplace, or occupational violence refers to violence, usually in the form of physical abuse or threat, that creates a risk to the health and safety of an employee or multiple employees. The National Institute for Occupational Safety and Health defines worker on worker, personal relationship, customer/client, and criminal intent all as categories of violence in the workplace. These four categories are further broken down into three levels: Level one displays early warning signs of violence, Level two is slightly more violent, and level three is significantly violent. Many workplaces have initiated programs and protocols to protect their workers as the Occupational Health Act of 1970 states that employers must provide an environment in which employees are free of harm or harmful conditions.

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.

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.

Office humor, also often called workplace comedy, is humor within the workplace, in particular, office, environment. It is a subject that receives significant attention from students of industrial and organizational psychology and of the sociology of work, as well as in popular culture.

Employee monitoring is the surveillance of workers' activity. Organizations engage in employee monitoring for different reasons such as to track performance, to avoid legal liability, to protect trade secrets, and to address other security concerns. This practice may impact employee satisfaction due to its impact on the employee's privacy. Among organizations, the extent and methods of employee monitoring differ.

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.

Counterproductive work behavior (CWB) is employee's behavior that goes against the legitimate interests of an organization. This behavior can harm the organization, other people within it, and other people and organizations outside it, including employers, other employees, suppliers, clients, patients and citizens. It has been proposed that a person-by-environment interaction (the relationship between a person's psychological and physical capacities and the demands placed on those capacities by the person's social and physical environment.) can be utilized to explain a variety of counterproductive behaviors. For instance, an employee who is high on trait anger is more likely to respond to a stressful incident at work with CWB.

<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.

Behavioral ethics is a field of social scientific research that seeks to understand how individuals behave when confronted with ethical dilemmas. It refers to behavior that is judged within the context of social situations and compared to generally accepted behavioral norms.

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.

Machiavellianism in the workplace is a concept studied by many organizational psychologists. Conceptualized originally by Richard Christie and Florence Geis, Machiavellianism refers to a psychological trait construct where individuals behave in a cold and duplicitous manner. It has been adapted and applied to the context of the workplace and organizations by psychology academics.

<span class="mw-page-title-main">MeToo movement</span> Social movement against sexual abuse and harassment

#MeToo is a social movement and awareness campaign against sexual abuse, sexual harassment, and rape culture, in which people publicize their experiences of sexual abuse or sexual harassment. The phrase "Me Too" was initially used in this context on social media in 2006, on Myspace, by sexual assault survivor and activist Tarana Burke. The hashtag #MeToo was used starting in 2017 as a way to draw attention to the magnitude of the problem. "Me Too" empowers those who have been sexually assaulted through empathy, solidarity, and strength in numbers, by visibly demonstrating how many have experienced sexual assault and harassment, especially in the workplace.

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. 179. Springer Science and Business Media LLC: 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