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Nike Corporation Jumping the Hurdles of Social Responsibility Disclosure. Background. Nike is the biggest manufacturer of sportswear in the world, and employs almost 1 million people. Nike outsourcing contracts 500 factories in 45 countries. Accusations.
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Nike CorporationJumping the Hurdles of Social Responsibility Disclosure
Background • Nike is the biggest manufacturer of sportswear in the world, and employs almost 1 million people. • Nike outsourcing contracts 500 factories in 45 countries.
Accusations • In 1996, Nike was accused of labor violations and human rights abuses in foreign countries.
Nike’s Response • Nike responded with • Labor Codes • Personal Letters • Campus Visits • Newspaper Releases
Litigation • Marc Kasky, a San Francisco resident, sued Nike for false advertising, saying the statements were a marketing charade.
Nike’s Response • Nike said its speech was protected by the First Amendment. • The company won the first trials, but lost in the California Supreme Court. • Nike successfully appealed to the US Supreme Court.
Consequences • If Nike were to lose on the grounds of false advertising, companies everywhere would be liable for almost any public statement, muzzling corporations. • If Nike were to win on the grounds of First Amendment protection, companies would be legally empowered to mislead consumers.
Supreme Court Decision • The US Supreme Court decided 5-3 to postpone ruling on Nike vs. Kasky. • Groups on both sides complained about the decision, having hoped for a solution.
Charity Settlement • Nike made a charity settlement, giving $1.5 million to the Fair Labor Association. • Groups on both sides of the issue complained about the settlement.
Ethical Considerations • Product advertising ethics are more lenient than responsibility advertising ethics. Was Nike ethical in the way it promoted its responsibility campaign? • What methods of communication should companies use to promote social responsibility?
Corporate Social Responsibility Statements: A Possible Solution • CSR Statements would require companies to report labor and environmental information like the financial information in balance sheets.
CSR Reporting • CSR Information is widely sought and used: • Investors screen companies for violations • Consumers more loyal to responsible companies • CSR information improves corporate image • Companies are more likely to improve if information is disclosed
CSR Reporting CSR reporting would remove legal ambiguity from companies seeking to improve transparency.