Whistleblowing

1. Whistleblowing

2. Recap • A person’s ‘sexual orientation’ is defined in terms of that person’s sexual desires, feelings, practices and identification. • People are ‘homosexual’ or ‘gay’ if they are attracted to members of the same sex. People are ‘heterosexual’ or ‘straight’ if they are attracted to the opposite sex. 2

3. Recap • Some people believe that homosexuality is immoral because it is ‘against nature’. The problem with this view is that what is ‘unnatural’ is not necessarily immoral. • Some people think that homosexuality is wrong because of the harm it causes. But there is no evidence that homosexuality is harmful. 3

4. Recap • Discrimination involves treating people unfavorably because of their race, gender, age, religion or sexual orientation. • Since it is widely recognized that freedom from discrimination is a universal human right, we all have a duty not to treat people badly because of their race, sex, age, religion or sexual orientation. 4

5. Recap • Arguments against same-sex marriage are largely based on outdated conceptions of marriage and family. • Society should treat all its members with equal respect. Denying gay people the right to marriage is a form of discrimination and human rights violation. 5

6. In this lecture… • What is whistleblowing(告密)? • Loyalty(忠誠) and other issues • A culture of silence(沉默文化) • Whistleblower protection 6

7. What is whistleblowing? • What should you do if you discover that your supervisor (主管) has done something illegal? • Imagine that you handle the bookkeeping for your company. What would you do if your supervisor asks you to alter(更改) some of the accounts to hide sums of money that seem to have disappeared?

8. What is whistleblowing? • A whistleblower (舉報者、告密者) is an individual, usually an employee (僱員), who reports concerns (關注) about misconduct (失當行為) taking place within an organization. • The misconduct can be any action or practice that is harmful, unfair, unjust (不公正), illegal, dishonest, immoral or in violation of human rights.

9. What is whistleblowing? • A whistleblower discovers misconduct within an organization and brings it to the attention of someone who has the authority (權力) to handle it. • However, blowing the whistle is not the same as making a personal complaint.

10. What is whistleblowing? • For example, you may want tomakea personal complaint if you are being harassed (騷擾) by your supervisor. But if you decide to speak out against your supervisor because you are aware that there are victims other than yourself, you are blowing the whistle.

11. What is whistleblowing? • A distinction (區分)can be made between ‘internal whistleblowing’ 對內舉報 (e.g. reporting to senior management管理高層of the organization) and external whistleblowing 對外舉報 (e.g. taking the concerns to the police, regulatory body監管機構, or the mass media).

12. What is whistleblowing? • Internal whistleblowing: An employee chooses to bring the matterto the attention of someone in a senior positionwithin the organization. • External whistleblowing: An employee decides to disclose (揭露) the misconduct to law enforcement (執法部門) or the public.

13. What is whistleblowing? • The justification for whistleblowing is simple: the whistleblowersnotice something wrong (unethical or illegal), but they do not have the power or authority to handle it, so they bring the matter to the attention of someone who, they believe, can do something about it.

14. What is whistleblowing? • Although whistleblowers are sometimes regarded as heroes standing up for public interest(公眾利益), most of them have suffered consequences such as termination of employment contract (解雇), demotion(降職), wage cuts(減薪) or harassment (騷擾)from other employees.

15. Loyalty and other issues • What is loyalty (忠誠)? Does employees’ loyalty to their employers (僱主)imply that they must keep quiet about corporate misconduct?

16. Loyalty and other issues • When an employee discovers evidence of misconduct in an organization, he or she faces an ethical dilemma(兩難抉擇). • Whistleblowing seems to involve a conflict between ‘protection ofpublic interest’ (i.e.protectingthe interest of people whose lives, health or safety, etc. may be harmed by the misconduct) and‘employee loyalty’.

17. Loyalty and other issues • An argument against whistleblowing is that it is an act of disloyalty(不忠). Loyalty is understood here as the trust (信任) relationship between the employer and employees. • Whistleblowing is unacceptable, according to this view,because it is a breach (違反)of loyalty to the organization.

18. Loyalty and other issues • In many organizations, there is a strong culture of loyalty. Employees who question(質疑) the actions or decisions of management are seen as ‘troublemakers’, and whistleblowers are viewed as ‘traitors’ (背叛者) whose actions may harm the interests of the organization and other employees.

19. Loyalty and other issues • An individual, however,often has to choose betweena variety of values and commitments (承擔). • For example, peopleare likely to have commitments to their family, profession (專業), and society in general, which may conflict(抵觸、衝突), from time to time, with loyalty to their employers.

20. Loyalty and other issues • ‘Loyalty’, as such, should be seen as involvinga multitude (多元的) of commitments: • loyalty to one’s friends and family • loyalty to one’s colleagues and clients (客戶) • loyalty to one’s profession • loyalty to one’s employer • loyalty to one’s local community • loyalty to society as a whole 20

21. Loyalty and other issues • When different loyalties come into conflict, a person would have to rely on his or her own personal values to decide what to do. • If the misconduct in question poses a serious threat (威脅) to other people’s health, safety, or lives (e.g. lapses 疏忽 in workplace safety systems), blowing the whistle is likely to be the morally right thing to do.

22. Loyalty and other issues • Under what circumstances is it morally justified to blow the whistle?

23. Loyalty and other issues • The decision whether or not to blow the whistle is never an easy one. The employee is usually faced with three possible options: • to turn a blind eye and stay silent • to blow the whistle internally • to blow the whistle externally

24. Loyalty and other issues • According to Richard T. De George, a moral philosopher, whistleblowing is morally justified under the following conditions: • serious harm to clients, employees or other members of the public is involved; • the whistleblower has clear evidence (證據) of wrongdoing;

25. Loyalty and other issues • the whistleblower has already reported the problem to superiors(上級) within the organization; • when the whistleblower’s immediate supervisor (頂頭上司)does not act, the whistleblower should exhaust (用盡) the internalreporting procedures (內部舉報程序);

26. Loyalty and other issues • If the whistleblower wants to reveal the wrongdoing to the public, he or she must have valid (合理的)reasons to believe that doing so will result in the changes necessary to remedy (糾正) the situation.

27. Loyalty and other issues • Why should a whistleblower exhaust all internal channels before going public? Why is internal whistleblowing better than external whistleblowing?

28. Loyalty and other issues • Awhistleblower might want to skip (跳過)the usual steps of internal reporting either because his or her superior is not willing to discuss the issue, or because the latter does not seem to be trustworthy (可信) or capable (有能力)of handling the problem.

29. Loyalty and other issues • However, external whistleblowing, should only be seen as the last resort (最後手段) because doing so can cause great damage the organization’s reputation (聲譽). • Therefore, before ‘going public’, the whistleblower should explore (探索) every existing channel of internal communication to raise concern about the problem.

30. Loyalty and other issues • Do employees have a moral duty to blow the whistle on corporate misconduct?

31. Loyalty and other issues • Although blowing the whistle may seem morally justified under some circumstances, it does notnecessarilyimply that employees have a moral duty to do so. • For example, according to utilitarian reasoning, whether blowing the whistle is the right decision depends on its consequences.

32. Loyalty and other issues • Blowing the whistlecan have bad consequences for an organization, for example, by creating an ‘atmosphere of mistrust’ (互不信任的氣氛). • From the standpoint of utilitarianism, an action is not morally justified unless it brings more good than harm, i.e. unless the good consequences outweigh the bad consequences.

33. Loyalty and other issues • In other words, blowing the whistle is the morally right thing to do only if the whistleblower believes that doing so can help to solve the problem or help the organization in the long run. • If it fails to achieve anything, then blowing the whistle may not be the right decision.

34. A culture of silence • Why are so many people unwilling to blow the whistle? What are the implications for business and society if employees are discouraged from reporting corporate misconduct?

35. A culture of silence • Whistleblowing is rare(罕見) in most organizations. Most people are reluctant(不願意) to sound the alarm (敲響警號) either because of fear of retaliation (報復), or fear of damaging their relationships with other people in the workplace.

36. A culture of silence • Whistleblowing is often seen as an act of disloyalty. Employees may turn a blind eye to misconduct simply because they do not want to be labeled as ‘troublemakers’. • Unless the whistleblower believes there is a good chance that something will be done to deal with the problem, blowing the whistle does not seem like a good idea.

37. A culture of silence • Worsestill, a whistleblower often has to stand alone against a powerful person or group within the organization. For example, if one’s supervisorswere directly or indirectly involved in the misconduct, reporting the problem to them would possibly put the whistleblower at great personal risk.

38. A culture of silence • Fear of retaliation for reporting misconduct in the workplace is on the rise, according to a business survey conducted in the United States. • Even if the whistleblower was willing to take the risk, he or she might have difficulty gathering evidence to support theaccusation (指控).

39. A culture of silence • Many corporations also require employees to sign nondisclosure agreements (禁止披露協議書), which forbid (禁止)them from disclosing company information to government investigators (調查員). • It is always easier to look the other way (裝作視而不見), especiallywhenother colleagues are also aware of the misconduct but stay silent.

40. A culture of silence • Given the bad consequences that may come with whistleblowing, it is easy to see why so many people choose to keep their mouths shut. • However, if people do not speak out in the face of a moral wrong, they are indirectly encouraging and promoting immoral behavior.

41. A culture of silence • The main beneficiaries (得益者)of a ‘culture of silence’ are those corrupt (腐敗的)individuals within the organization. Knowing that the alarm will not be sounded and their wrongdoing will go undetected (不被發現) and unpunished, these corrupt individuals will continue their illegal, immoral or dishonest practices.

42. Whistleblower protection • Why should organizations encourage internal whistleblowing andprotect whistleblowers? How can senior management foster (助長) an ethical culture in the workplace?

43. Whistleblower protection • Unethical behavior in the workplace can have serious negative consequences for an organization: • It might suffer financial loss(財務損失) if some employees are acting dishonestly. • It might be punished for the illegal activities of its employees. • Its reputation can be damaged by the unethical behavior of its employees.

44. Whistleblower protection • Whistleblowers can provide an invaluable(寶貴的) service to their organizations. • Why? Because employees are usually the best source of information about inappropriate不當的 (i.e. dishonest, immoral or illegal) conduct within the organization.

45. Whistleblower protection • Employees are far more likely to report misconduct in organizations with strong ethical cultures, i.e. if they believe that senior management is concerned about unethical conduct in the workplace and willing to take the matter seriously.

46. Whistleblower protection • To foster (促進、助長) a culture of ethical conduct, an organization should have in place: • a code of ethics for employees (員工守則) • a confidential (保密的) internal reporting policy • procedures (程序) to protect whistleblowers

47. Whistleblower protection • A code of ethicsshould be issued. This not only provides guidelines for appropriate conduct in the workplace but also raises employees’ awareness (意識) of the organization’s values and commitments.

48. Whistleblower protection • In additionto issuing a code of ethics for employees, the organization should also provide a formal channel for reporting ethical concernsinternally. • A fair system for handling employee concerns should also be established to ensure that whistleblowers do not feel under threat (受威脅).

49. Whistleblower protection • Employees may want to raise their concern anonymously (匿名地) so that their true identities will not be revealed. • To this end, a hotline – handled by real people, not voice mail – can be set up to ensure that reporting can be done in private. Employees should be allowed to speak to someone other than their immediate supervisor who may be involved in the misconduct. 49

50. Whistleblower protection • Employees who use this mechanism(機制) shouldbe protected from retaliation. Whistleblower protection usually involves protection of the confidentiality (保密) and anonymity(匿名) of the whistleblower, and safeguards(保障)against harassment(滋擾) or victimization(迫害).