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CHAPTER 3   Business Governance, Ethics, and Social Responsibility  119


                   reality      Have you ever been involved in what might be viewed as unethical
                  CH ECK        behavior?



                    LEARNING OBJECTIVE 8
                    Discuss the development of business codes of ethics and business ethics training.



                 Business Codes of Ethics

                 Increasingly, many companies today are adopting formal written business codes  business codes of ethics Formal written
                 of ethics. These codes may deal with a wide number of topics ranging from work-  documents adopted by businesses
                                                                                          regarding ethical conduct standards
                 place romance to the personal use of company property. Lee Enterprises, for
                 example, is an Iowa-based company that owns 44 local daily newspapers through-
                 out the United States. Some of the papers Lee Enterprises owns include the Lin-
                 coln Journal Star in Lincoln, Nebraska; the Missoulian in Missoula, Montana; and
                 the Southern Illinoisan in Carbondale, Illinois. In 2002, the company’s board of
                 directors adopted a five-page, 11-point Code of Business Conduct and Ethics to
                 guide its employees. This code puts special emphasis on potential employee con-
                 flicts of interest, often a very important issue in the field of journalism. The com-
                 pany’s code very strictly limits the ability of Lee employees to accept gifts from
                 individuals they interact with, in order to clearly prevent potential conflicts of
                                   38
                 interest from arising. It is likely that more and more companies will be adopting
                 detailed and comprehensive business ethics codes along the lines adopted by Lee
                 Enterprises in the future.



                 Dealing with Business Ethical Breaches

                 While the instinctive reaction of many top business executives when there is an
                 ethical breach is to deny the problem and then clam up, experts today generally see
                 this as not being the right approach to such situations. Frequently it’s best, just as
                 Johnson & Johnson did during the Tylenol crisis in the 1980s, to quickly acknowl-
                 edge the existence of a problem and calmly attempt to solve it. Sometimes it may
                 even be appropriate to issue a public apology. If a public apology is made, it should
                 be stated clearly (plain English, no legalese, loopholes, etc.) and should definitely
                 come from the top, that is, be issued by the company’s CEO or chairperson of the
                 board. 39


                 Penalties for Business Ethical Breaches

                 The penalties for corporate ethical breaches obviously need to be formulated to
                 properly fit the “crime.” To date, this doesn’t seem to have always been the case.
                 While the penalties for some types of business ethical breaches—up to five years in
                 prison for individual violations of the Foreign Corrupt Practices Act—seem to have
                 been far too high, other ethical breaches, like accounting fraud or insider trading,
                 have sometimes been met with only a slap on the wrist.  The recently enacted
                 Sarbanes-Oxley Act, with its increased penalties on company executives and direc-
                 tors for accounting misstatements and other actions, appears to be a step in the
                 right direction in this regard. Under Section 1107 of the Sarbanes-Oxley Act, for
                 example, corporate officers can be sent to prison for up to ten years if they inten-
                 tionally act against employees who assist federal law enforcement officials in inves-
                 tigating certain types of corporate wrongdoing. 40


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