Read the case study: “The Dark Side of Whistleblowing” (Forbes, 3/14/05; Vol. 17

Question

Read the case study: “The Dark Side of Whistleblowing” (Forbes, 3/14/05; Vol. 175, Issue 5, pg. 90-98). Available online via Google. Click on Google and type in “The Dark Side of Whistle Blowing”. Respond to the following specific questions which should also be used to construct headings in your paper. • From the individual’s perspective, what are the pros and cons to being a whistleblower? • Discuss the “ethical behavior” of Douglas Durand and Federal Government. • Do you think each was justified in their action? Argue from a position you have taken. • What recommendations would you make to TAP Pharmaceutical Products to help prevent such a suit again? • Have you ever had to be a whistleblower? Please describe circumstances and consequences. If not, under what circumstances would you become a whistleblower? . Maximum report length of 3-5 pages, which includes the required cover sheet and bibliography. Follow APA standards.

Explanation / Answer

From the individual’s perspective, what are the pros and cons to being a whistleblower?

Advantage: Exposing Unethical Behavior

The whistle-blower serves a vital function in government and business. When corporations and government agencies step over legal and ethical lines, whistle-blowers can make these practices public knowledge, which can lead to violators being held accountable. The added scrutiny that comes with criminal investigations, civil lawsuits and media attention can influence the behavior of similar organizations. Companies and government offices that engage in similar misconduct may have previously believed they could get away with their bad behavior, but the ripple effect of the whistle-blower's efforts can bring about reforms.

Advantage: Legal Protection

The federal government's Whistleblower Protection Program protects employees who report violations of various workplace safety, environmental, financial reform and securities laws. The program protects from retaliation workers who blow the whistle on their employer's behavior. Retaliatory action can include dismissal, demotion, denial of benefits and reduction of working hours. Companies found to be in violation of the whistle-blower protection laws can face fines, suspension of government contracts and civil lawsuits.

Disadvantage: Diminished Career Prospects

The attention that a whistle-blower case brings, both to the employee and the company, can have a downside. Media interviews, legal testimony and government investigations can affect the whistle-blower's career prospects. While the outside world may view whistle-blowers as heroes for revealing corrupt behavior, industry insiders and hiring managers may see them as disloyal or indiscreet for not keeping company secrets and industry practices under wraps. The media attention may lead to the whistle-blower being blacklisted in his industry.

Disadvantage: Personal Complications

Although whistle-blowers may understand that their revelations serve the greater good, they also often endure personal problems from their actions. Media outlets in search of a story will delve deeper into the whistle-blowers' personal lives. Legal complications from criminal investigations and civil lawsuits against the company might require them to hire attorneys to defend themselves. They may also receive threats of retaliation from former supervisors and co-workers. All of this added stress can cause severe health problems and fractures in their relationships.

Discuss the “ethical behavior” of Douglas Durand and Federal Government.

1. Leadership priorities

Hire and develop leaders who exhibit ethical behavior and influence ethical cultures

Leaders, managers and direct supervisors must act as role-models and active listeners to promote speaking up

Those at all supervisory levels foster a culture of speaking up when they talk about:

The long-term vs. short-term (link coming soon)

Stakeholder value (link coming soon)

How and why ethics pays

Speaking up is expected and encouraged. Make problems into learning opportunities.

2. Make ethics part of the core organizational values and encourage a culture of integrity

Establish a code of conduct and incorporate in recruitment materials, employee contracts and internal policies

Bake the values and code into daily behavior in the organization

Be sure managers "walk the talk"

3. Create structures and systems that visibly protect and incentivize internal reporting, i.e. speaking truth to power and preventing sanctions

Be proactive about adhering to new legislative requirements such as Federal Sentencing Guidelines, the U.S. False Claims Act, and Sarbanes-Oxley.

Institute robust and effective Compliance and Ethics programs

What recommendations would you make to TAP Pharmaceutical Products to help prevent such a suit again?

Have you ever had to be a whistleblower? Please describe circumstances and consequences. If not, under what circumstances would you become a whistleblower?

Moral agency is important for the determination of moral behavior and it enables the moral evaluation of the agent’s behavior. The basic characteristic of the philosophical concept of moral agency is autonomy and is viewed in the context of the ability or will to be one’s own person. Autonomy plays an important role in conceptions of moral obligation and responsibility.

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