- Distinguish between ethical and legal behavior
- Explain what business ethics is
- Understand what a corporate code of ethics is
- Understand a manager’s role in setting ethical standards
Ethical and Legal Behavior
ethics
Ethics are a set of moral standards that govern the conduct of a person. You use ethics to judge whether something is right or wrong.
Martin Shkreli, former CEO of Turing Pharmaceuticals, raised the price of a drug used for newborns and HIV patients by more than 5000 percent, defending the price increase as a “great business decision.”[1] Few people would call that ethical behavior.
legal behavior
Legal behavior follows existing laws. In decision making, determining the legality of an action is done by analyzing all the relevant statutes, regulations, and codes. Unlike ethical considerations, there are established penalties for behaving in a way that conflicts with the law.
The Volkswagen Scandal
The car company Volkswagen (VW) indicates that one of its core values is honesty, “We do the right thing out of inner conviction, even if no one is watching.” [2]
In September 2015, the Environmental Protection Agency announced that VW had installed special software in its cars to manipulate emissions levels, making it appear that the cars were less polluting than they are. In fact, the engines emitted nitrogen oxide pollutants up to 40 times what is allowed in the U.S. Those vehicles should not have even entered the U.S.[3]
A week later, VW disclosed that 11 million diesel vehicles contained the devices, and CEO Martin Winterkorn resigned. The price of VW stock plunged—losing 30 percent of its value overnight—and the company scrambled to understand what had happened and control the damage to its reputation. In the months following the discovery of the deceptive devices, investigators identified a team of VW employees who thought of the plan and implemented it over a number of years. An internal evaluation identified a “culture of tolerance” for rule breaking at the company. It also came to light that management’s emphasis on “results at any cost” had contributed to the breach in ethical standards. However, in this case, the breach in ethics was also illegal.
In the following years, VW agreed to civil and criminal sanctions in the U.S. VW plead guilty to fraud and obstructing justice by destroying documents and paid a total of $4.3 billion in fines.[4] Industry experts believe that the company’s violation of consumers’ trust will be exceedingly difficult to repair and that it may take years to rebuild the VW brand.
Even with the widespread publicity of the VW case, other companies like Cummins (makers of engines for Ram trucks) and Stellantis (owner of the Ram brand) were fined in 2024 for similar actions.[5]
Both legal and ethical behaviors have significant consequences for business as VW experienced. Legal misconduct can result in fines, and (depending on the severity of the misconduct) incarceration of perpetrators. Both legal and ethical misconduct can result in a loss of trust from customers and partners. In this section, you’ll get an introduction to ethics and learn why this is an especially challenging issue for companies that are trying to “do the right thing.”
- Renae Merle, “‘Pharma Bro’ Martin Shkreli Goes on Trial, Where He Finds Another Kind of Limelight,” Washington Post, https://www.washingtonpost.com, June 27, 2017. ↵
- Volkswagen AG. “The Volkswagen Group Essentials.” Accessed December 7, 2022. https://www.volkswagenag.com/en/group/volkswagen-group-essentials.html. ↵
- Hotten, Russell. “Volkswagen: The Scandal Explained.” BBC News. December 10, 2015. https://www.bbc.com/news/business-34324772. ↵
- U.S. Department of Justice. “Volkswagen AG Agrees to Plead Guilty and Pay $4.3 Billion in Criminal and Civil Penalties; Six Volkswagen Executives and Employees Are Indicted in Connection with Conspiracy to Cheat U.S. Emissions Tests,” January 11, 2017. https://www.justice.gov/opa/pr/volkswagen-ag-agrees-plead-guilty-and-pay-43-billion-criminal-and-civil-penalties-six. ↵
- U.S. Environmental Protection Agency. 2024. “Frequently Asked Questions - Cummins Violation of Clean Air Act Vehicle Emission System Controls Requirements | US EPA.” US EPA. January 2, 2024. https://www.epa.gov/enforcement/frequently-asked-questions-cummins-violation-clean-air-act-vehicle-emission-system; Shepardson, David. 2024. “Stellantis Unit to Pay $4.2 Million to Resolve California Emissions Probe.” Reuters, December 24, 2024. https://www.reuters.com/business/autos-transportation/stellantis-unit-pay-42-million-resolve-california-emissions-probe-2024-12-24/. ↵