Questions about workplace ethics have no single or simple answer. So much depends on a situation's specifics. Even issues that seem straightforward can present numerous hidden traps—both legal and ethical—to the people trying to resolve them.
To make things even more complicated in HR, practitioners have "well-defined responsibilities but also have responsibilities as a private citizen, as a workplace colleague and maybe as a friend," said Michael Connor, editor and publisher of the online magazine Business Ethics. "Those are all very different roles."
When an ethics question arises, Connor says, HR professionals need to understand exactly what role they're playing. "As a representative of the company, you have one set of responsibilities. As a concerned private citizen, you have other responsibilities. It's nice when those converge, but that's not always the case."
"It's a very tough topic," agreed Laura Sack, a New York City-based partner and co-chair of the East Coast employment practice of law firm Davis Wright Tremaine. "In an HR person's world, not very much is black and white, but [the questions you face] may still have legal implications."
Make Boundaries Clear
The stakes involved in ethical questions are often high, if not for the company, then for the employees and managers who are involved. For example, what's an HR generalist to do when he promises to hold something in confidence and that pledge proves impossible to keep?
[SHRM members-only resource: What does the Sarbanes-Oxley Act have to do with HR?]
John Boyce, vice president of human resources for enhanced network provider Vail Systems in Deerfield, Ill., faced that conundrum at a previous employer. While training new workers at a refinery, he told them he would keep any safety violations they witnessed before their next training session in confidence so they could discuss them openly. Expecting to hear stories of minor issues, such as goggles not being worn as work was done, he was stunned to hear two workers describe how they were instructed to vent poisonous gas into the air, a clear violation of company policy and safety procedures. "They could have died," Boyce recalled.
Taking the two men aside, he told them that he'd had no idea they had been put in such a dangerous situation and that, despite his promise of confidentiality, he had no choice but to report the incident. When the employees objected, an apologetic Boyce responded, "You wouldn't want to work at a place where this wasn't reported." Although he was able to transfer one of the employees to another department, the second had to remain with his original team, which he described a year later as "going through hell."
The lesson he learned, Boyce said, was that HR professionals have to set boundaries around what "in confidence" means. While he had promised confidentiality to the employees he was training, keeping that promise would have resulted in potentially life-threatening operations continuing at the refinery, unbeknownst to management. Today, he instructs his staff members to tell workers that if they tell HR something in confidence that should be reported, then HR will do so.
Deciding What to Do
Many common situations that confront HR professionals may seem to be ethical dilemmas but are actually professional judgment calls, Sack noted. For example, if an HR staffer suspects an employee is the victim of domestic violence, is the staffer obligated to call the police? What if an employee asks to forgo a pay increase because accepting it would mean a cut in social services benefits? Or another is using a parking placard intended for people with disabilities and bragging to co-workers that it actually belongs to her brother-in-law and she's just "borrowing" it for her own convenience? Does HR have an obligation to look into such matters?
The answer varies. "I see HR as having to determine whether the issue involves the employer or not," Sack said. "They have to decide if it's appropriate or necessary to get involved or not."
To do that, she suggests asking yourself these questions:
- To my knowledge, is there a potential legal issue here for the company?
- Is someone's safety in jeopardy?
- Does this conflict with the company's culture, mission or policies, or what we expect of our employees?
If your answer to any of these is yes, then consider taking action, Sack said. That, of course, leaves you with a new question: What exactly should that action be? For her part, Sack wouldn't characterize the above examples as "ethical" issues for HR, but rather as judgment calls for HR to make, although she noted that "I can see where they might be seen [as ethical quandaries]."
Others say the issue isn't that simple. "Ethical versus legal is a false dichotomy. Many issues are both, and almost certainly any legal issue is also going to be an ethical issue," said Chris MacDonald, director of the Jim Pattison Ethical Leadership Education & Research Program at Ryerson University in Toronto. "The only question is whether the legal issue is sufficiently clear and pressing as to make ethical decision-making seem irrelevant."
For example, MacDonald said, "Where I live there's a legal duty to report suspected child abuse. If an HR professional came to suspect that, the legal duty is sufficiently strong that no one should need to engage in nuanced ethical reasoning. If you're not sure whether there's a legal issue, you need to consult a lawyer."
And bear in mind that areas that at first seem gray often are clarified the more you learn about them. "Many ethical dilemmas depend on a precision of facts," Connor said. This is why he "gets nervous" when hears that a practitioner "suspects" an employee "is somehow involved" in a domestic-violence situation, for example.
"Facts matter," he emphasized. "The instinct to help is admirable, but make sure you have your facts straight. If you're not familiar with domestic abuse situations, consult with qualified professionals. Good intentions do not overcome the harm that can be done to an employee and/or his or her family" if you report your suspicions to the police and they turn out to be unwarranted.
Boyce agreed. "I wouldn't tell the generalist to call the police. Since they're not a mandated reporter, it would be overstepping on the company's part," he said. "I would encourage the generalist to talk to the person and provide EAP information and perhaps more targeted material or information, such as for a domestic abuse hotline, but taking it to the next step is going too far."
"HR can certainly confirm the employer's support for the victim," Sack said. "And some jurisdictions may confer certain legal rights on victims of domestic violence, such as time off from work to go to court. But I wouldn't recommend reporting your suspicions to authorities unless you have explicitly obtained the victim's consent. Reporting it without the victim's knowledge and consent could make things worse for the victim."
Ethics Without Judgment
For Connor, the question of an employee forgoing a raise in order to avoid social services cuts is straightforward. "Yes, it's ethical to go along. An individual's motives shouldn't figure into it," he said. "If they forgo a raise, so be it."
Boyce, also, wouldn't have a problem agreeing to allow an employee to decline a raise. However, he would take issue if the employee asked him to help concoct a way to receive more compensation and somehow keep it off the books, by providing gift cards, for example. His core belief in handling ethical issues is, "Don't lie."
Also, Connor warns that practitioners "need to be extremely careful" not to apply judgments that could be based on socioeconomic bias when addressing such situations.
"When an upper-class executive chooses to work part-time or flex-time in order to be more available for her or his children, that's not generally frowned upon—in part because that executive often has additional sources of income and doesn't require social services," he said. "Workers on the lower end of the salary scale often need to make different—but equally difficult—decisions that affect their status, pay and benefits."
It's Complicated
When many HR professionals confront ethical questions, they "seem not to know what to do, or even how to think about such matters," said James O'Toole, director of the Neely Center for Ethical Leadership at the University of Southern California. He sees practitioners as being "far more comfortable dealing with [legal issues], especially when it comes to questions relating to labor law, which they see as legitimately within their bailiwick."
Because ethical dilemmas can be both subjective and nebulous, O'Toole recommends reading A Framework for Ethical Decision Making (Markkula Center for Applied Ethics at Santa Clara University, 2009). It can help you recognize ethical issues and think about what actions you should take, he said.
"As you will quickly surmise, ethics isn't about a set of rules," he explained. Rather, it's a way of thinking about how you conduct your life and do your job. "Alas, HR people tend, instead, to think in terms of rules, and that may well be the reason why they shy away from ethics."
While HR practitioners may object to O'Toole's contention that they "shy away" from ethical issues, many would probably agree with Boyce when he says, "The legal issues are relatively easy. There's a pretty clear line. The struggle comes when something is legal but wrong."
Mark Feffer is a freelance business writer based in Philadelphia.
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FAQs
The law sets out what people are free to do, regardless of the effect that those actions have on others. Ethics describes what people should do, taking their responsibilities and the predictable consequences of their actions into account.
What are the ethical responsibilities of HR? ›
As human resource professionals, we are ethically responsible for promoting and fostering fairness and justice for all employees and their organizations. To create and sustain an environment that encourages all individuals and the organization to reach their fullest potential in a positive and productive manner.
Are legal and ethical responsibilities the same? ›
The differences between them are these: Legal standards are based on written law, while ethical standards are based on human rights and wrongs. Something can be legal but not ethical. Legal standards are written by government officials, while ethical standards are written by societal norms.
What are the professional responsibilities of HR professionals? ›
Human Resources manages 5 main duties: talent management, compensation and employee benefits, training and development, compliance, and workplace safety. An HR department can help provide organizational structure and the ability to meet business needs by effectively managing the employee lifecycle.
What is the difference between legal and ethical? ›
The main difference between law and ethics is that ethics are the moral values and principles that are socially adapted by the environment, while laws are the rules and regulations established by the authorities.
What is an example of a legal responsibility? ›
These include: ensuring standard form contracts do not have unfair terms. honouring customer guarantees. ensuring the safety of products and services.
What is an example of ethics in HRM? ›
For example, right to privacy, right to be paid in accordance with the work (fair compensation) and right to privacy are some areas that cannot be compromised upon.
What is an example of ethical issue in human resource management? ›
Ethical Issues in HRM are privacy issues, race, gender and disability, recruitment and employment issues, cash and compensation plans, employee responsibility, performance appraisal, privacy issues, safety and health, restructuring, dismissals and layoff, professional training, etc.
How is HR responsible for ensuring ethical business practice? ›
One of the key roles for HR is to identify these situations and discuss them with leaders and staff BEFORE they happen, and to establish codes of ethical conduct that give guidance to those faced with such situations.
What are examples of legal and ethical issues? ›
Some issues that have both ethical and legal components include:
- Access to medical care.
- Informed consent.
- Confidentiality and exceptions to confidentiality.
- Mandatory reporting.
- Mandatory drug testing.
- Privileged communication with healthcare providers.
- Advance directives.
- Reproductive rights/abortion.
Support workers need to understand that laws are designed to protect everyone's safety and rights as a citizen. These laws are the basis of the Policy and Procedures that support workers must follow when they work. Ethics are based on the values we live our lives by and are about what is right or wrong.
What are legal and ethical considerations? ›
It defines the values and responsibilities that are fundamental to a particular profession. This code is intended to assist employees to act in ethically informed ways in the pursuit of the profession's values and aims.
What are the 3 main responsibilities of human resources? ›
What are the three major roles of human resources management? Running payroll, writing job descriptions, creating workplace policies and procuring benefits packages are typical of HR administration.
What are the 7 roles of HR? ›
What Does an HR Manager Do? 7 Functions of the Human Resources Department
- Recruitment and Hiring.
- Training and Development.
- Employer-Employee Relations.
- Maintain Company Culture.
- Manage Employee Benefits.
- Create a Safe Work Environment.
- Handle Disciplinary Actions.
In this blog, we discuss the 10 top HR policies in India that every company should consider.
- Employment contract. ...
- Employee wages. ...
- Code of Conduct. ...
- Leave policy. ...
- Employee provident fund. ...
- Gratuity Policy. ...
- Paternity and maternity leave policy. ...
- Sexual harassment workplace policy.
Breaking promises is generally legal, but is widely thought of as unethical; Cheating on your husband or wife or boyfriend or girlfriend is legal, but unethical, though the rule against it is perhaps more honoured in the breach; …and so on.
What are the similarities between legal and ethical? ›
Generally, Law and Ethics govern the actions of individuals across the globe. These two terms (Law and Ethics) are closely related as they both have the end product of preventing illegal or immoral acts in the Society. This similarity has led to various people placing Law and Ethics alongside each other.
Which is more significant ethical or legal and why? ›
Elucidate. Ethics: It is a type of moral philosophy that comes from within and provides us an ideal direction on what is the right thing to do in all matters of life.
What are your legal responsibilities? ›
Legal responsibility means specific duties imposed upon a person to care or provide for another including liability for personal obligations as granted through a Power of Attorney or Court order.
What is an ethical responsibility? ›
Definition: Ethical responsibility is the ability to recognize, interpret and act upon multiple principles and values according to the standards within a given field and/or context.
Be responsible for the health and safety of employees. Be answerable to the owners of the limited company. Be responsible for entering into credit agreements on behalf of the company. Register to pay business tax and file tax returns and annual accounts to HMRC.
What is HR unethical? ›
However unethical or unfair kind of behaviour and action can happen in different categories as follows: (a) Employers: They sometime indulge in unfair practices like one or more of the following: (i) Creating split in union leaders by inducing regionalism, casteism or ego problems.
Is ethical behavior crucial in HR management? ›
Treating employees ethically can garner long-term employee trust and loyalty, which conveys a range of distinct benefits to employers. Loyal employees gain more experience working with their employers, allowing them to master production processes and more fully understand the inner workings of the firm.
How can HR influence ethical behavior at work? ›
HR practices that contribute to ethical behavior include providing training and development, mentoring, coaching, and counseling for a diverse workforce.
What do HR professionals do when their boss is unethical? ›
Unethical behavior tarnishes a company's reputation and negatively affects the work environment. When misconduct occurs and an ethics investigation arises at work, the role of the HR leader is to guide their boss, back them up and work together to reach the best possible outcome.
What are the areas in which HR professionals can have a major impact on ethics? ›
With their expertise in change management and internal communications, and by working in partnership with those responsible for ethical performance within their organisation, HR can help to integrate ethics into processes such as the employer brand, recruitment, induction, appraisal, retention, motivation, reward, ...
Does HRM has an ethical and moral basis? ›
Human Resource Management (HRM) deals with work force management, manpower planning and other employee related activities in an organization. Therefore, we can say that it is a special branch of management where ethics play a crucial role.
Which of the following is not an ethical HR practice? ›
Flexible working hours is not a Human resource ethics issue. Ethics refer to the moral beliefs which a person/ organization follows. It is often is the basic human etiquette and moral good behaviour.
What are some ethical issues in human services? ›
What Are Ethical Dilemmas in Social Work?
- Client Refuses Care. ...
- Incarcerated Clients. ...
- Physical Contact and Sexual Relationships with a Client. ...
- Sexual Relationship with a Colleague. ...
- Political and Social Unrest. ...
- Telehealth, Technology and Client Privacy. ...
- Client-First Mindset. ...
- Consult with Colleagues.
You cannot wor in a healthcare setting without an understanding of the legal implication for both you and your patient. Therefore, as a healthcare wor er you must adhere to certain ethical standards and code of conduct.
"Ethics goes beyond what the law requires. It involves doing the right thing and following both the spirit and not just the letter of the law." "Ethics is harder to define than compliance because it involves abiding by one's personal code of conduct.
What are the legal and ethical considerations you would have to consider when working with different clients? ›
What are key ethical considerations?
- Harm avoidance.
- Working with vulnerable groups.
- Consent.
- Privacy and confidentiality.
- Legal requirements.
Ethical considerations in research are a set of principles that guide your research designs and practices. These principles include voluntary participation, informed consent, anonymity, confidentiality, potential for harm, and results communication.
What are the core principles of legal ethics? ›
Areas covered by ethical standards include: Independence, honesty and integrity. The lawyer and client relationship, in particular, the duties owed by the lawyer to his or her client. This includes matters such as client care, conflict of interest, confidentiality, dealing with client money, and fees.
What are the roles and responsibilities of HR Executive? ›
HR Executive responsibilities include creating referral programs, updating HR policies and overseeing our hiring processes. To be successful in this role, you should have an extensive background in Human Resources departments and thorough knowledge of labor legislation.
What is the most important role of HR? ›
One of HR's primary roles is managing payment and benefits for an organization's staff. Proper management of compensation, time off, and insurance is what keeps employee satisfaction high. As a human resource manager, you'll be in charge of distributing, communicating, and improving compensation and benefits packages.
What are the three major roles of HR management which is are the most affected by technology and outsourcing which role is growing in importance? ›
The three major roles in human resources are; administrative, change management, and people management. Administrative tasks include hiring and monitoring of employees, managing payroll and benefits, and development of policies and guidelines.
What are the 3 most important HR laws? ›
The three most important HR laws are Title VII of the Civil Rights Act, Discrimination, and Labor Laws pertaining to minimum wage and working conditions. These laws are laws that help human resource professionals create organizational human resource rules.
What are the 4 major HR functions? ›
Human resource management has four basic functions: staffing, training and development, motivation, and maintenance. Staffing is the recruitment and selection of potential employees done through interviewing, applications, networking, etc.
What are the 4 types of HR? ›
Types of Human Resources Management Jobs
- Recruitment and Selection. Human resource management jobs include professional recruiters who filll vacancies within an organization. ...
- Compensation and Benefits. ...
- Health and Safety. ...
- Labor and Employee Relations. ...
- Training and Development. ...
- Risk Management. ...
- Managers and Directors.
Disciplinary, dismissal and grievance policies are all required by law. They protect employees against unfair dismissal and also ensure businesses following employment laws when conducting disciplinary or dismissal actions.
What are the 3 types of HR policies? ›
HR Policies – 6 Important Types: Originated, Appealed, Imposed, General, Specific and Written Policies and Implied Policies.
What is a good HR policy? ›
Providing clear communication between an organization and its employees regarding their condition of employment. Forming a basis for treating all employees fairly and equally. Setting and managing employee expectations. Establishing guidelines for supervisors and managers.
What are the ethical responsibilities? ›
Definition: Ethical responsibility is the ability to recognize, interpret and act upon multiple principles and values according to the standards within a given field and/or context.
What are your legal and ethical responsibilities in child care? ›
As someone who provides care and education to children, you have a duty of care to make sure you provide appropriate care to meet the children's needs, treat them with respect and maintain their right to privacy.
What is an example of ethical and legal? ›
A classic example is stealing to feed your family. Stealing is legally and ethically wrong, but if your family is starving it might be morally justified (Noel-Weiss et al., 2012). Kidder calls this a “right vs. right” dilemma.
What are the legal ethics? ›
legal ethics, principles of conduct that members of the legal profession are expected to observe in their practice. They are an outgrowth of the development of the legal profession itself.
What is an example of ethical responsibility? ›
Some common examples of ethical responsibility include setting a higher minimum wage, guaranteeing all materials are ethically sourced, and ensuring that all employees receive competitive pay and comprehensive benefits as well as treated with respect.
What are the 7 codes of ethics? ›
Seven golden ethical principles:
- Be an ethical leader.
- Use moral courage.
- Consider personal and professional reputation.
- Set the right tone at the top.
- Maintain an enquiring mindset.
- Consider the public interest.
- Consider 'the right, the good and the virtuous' actions"
It is divided into three sections, and is underpinned by the five fundamental principles of Integrity, Objectivity, Professional competence and due care, Confidentiality, and Professional behaviour.
It defines the values and responsibilities that are fundamental to a particular profession. This code is intended to assist employees to act in ethically informed ways in the pursuit of the profession's values and aims.
How can you improve work practices to meet legal and ethical responsibilities? ›
Contribute to workplace improvements. Identify situations where work practices could be improved to meet legal and ethical responsibilities. Pro-actively share feedback with colleagues and supervisors. Identify and take opportunities to contribute to the review and development of policies and protocols.
What are the similarities between legal and ethical practices? ›
Generally, Law and Ethics govern the actions of individuals across the globe. These two terms (Law and Ethics) are closely related as they both have the end product of preventing illegal or immoral acts in the Society. This similarity has led to various people placing Law and Ethics alongside each other.
What is something that is legal but not ethical? ›
Breaking promises is generally legal, but is widely thought of as unethical; Cheating on your husband or wife or boyfriend or girlfriend is legal, but unethical, though the rule against it is perhaps more honoured in the breach; …and so on.
Why is it important for employees to be familiar with legal and ethical issues in the healthcare workplace? ›
You cannot wor in a healthcare setting without an understanding of the legal implication for both you and your patient. Therefore, as a healthcare wor er you must adhere to certain ethical standards and code of conduct.
Which is more significant ethical or legal and why? ›
Elucidate. Ethics: It is a type of moral philosophy that comes from within and provides us an ideal direction on what is the right thing to do in all matters of life.
What do you mean by legal professional ethics? ›
Professional ethics are those set code or moral principles that govern a person's conduct in a professional workplace or work life. In the legal profession, a lawyer must obey to professional codes for fair dealing with the client and uphold the self-possession.
What are the responsibilities of legal profession? ›
Areas covered by ethical standards include: Independence, honesty and integrity. The lawyer and client relationship, in particular, the duties owed by the lawyer to his or her client. This includes matters such as client care, conflict of interest, confidentiality, dealing with client money, and fees.
Why are legal professional ethics important? ›
Lawyers have a paramount duty to the court and the administration of justice. It involves a duty to the community by way of a lawyer's high ethical standards and duty to uphold the law. It goes further; there is a duty not only to obey the law but to ensure the efficient and proper administration of justice.
