Business Law Question

I will provide an Ethics Case Study, which you must read and build a SIMAC analysis based on. I will also include a word doc with a clear example of what is expected to be done for the SIMAC analysis and a PowerPoint that talks about SIMAC in case something is unclear. Please follow the format exactly as it is presented.

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Layout:

S- Stakeholder

Identify who the stakeholders are in the issue

I-Issue

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Create a question on what the issue is (for example: is it ethical to use in clothing)

M- Model (answer each model in bullet point format)

  • Utilitarianism (outcome-based)
  • Kantian (duty-based)

    Virtue (virtues-based)

  • A- Analysis
  • The analysis is the breakdown provided in all the models (aka the bullet points)

    C – Conclusion

  • Answer the ISSUE on if the scenario is ethical or not
  • 1
    SIMAC Assignment
    Name
    School
    Class
    Professor
    Date
    2
    SIMAC Assignment
    S- Stakeholder
    Several stakeholders have a claim on the issue. They include

    Meeker (The warehouse that Randy and Cheryl work in)

    Consumers of the expired medication
    Regarding the issue, Meeker, the company has to reduce losses based on the expired
    medicines that must be returned, and the discounts are given to their loyal customers in case of
    the expiry of the given medication. They have to maintain a competitive edge over their
    competitors in the market. Cheryl’s stakes on the issue are that she has to find ways to reduce the
    losses. She is a supervisor in the pharmaceutical company and thus is affected positively and
    negatively based on the company’s performance. Cheryl, as the supervisor, is more liable as she
    has to find means of reducing losses in the entity. Randy is a stakeholder in the business as he is
    employed, and the company’s success affects him. The hospitals and clinics are also stakeholders
    as they rely on the company for their pharmaceutical products, which are vital to their services.
    The people taking the medication are at risk because they consume falsely promoted
    products. They are in a transaction with Meeker, who are promoting expired products, which will
    lead to issues for the consumer.
    3
    I-Issue
    Is it ethical for Randy to replace all expired supplies and equipment labels with new ones
    at the clinics and hospitals to prevent their warehouse from accruing losses and aid in
    maintaining a competitive edge in the market?
    M- Model

    Utilitarianism (outcome-based)
    Based on the theory, one takes an action that consistently promotes the greatest good for
    the more significant number of people. Some of the critical questions that Randy will need will
    include

    The number of people to benefit from his changing the labels

    What are some of the damages that the company will accrue from his

    Kantian (duty-based)
    move?
    When adopting Kantian ethics, it is fair to ensure that fundamental human rights are not
    violated. Some of the critical questions posed will include the following:

    Would Randy want anyone in the same position to approve changing the
    labels despite expired products?

    What human rights will he violate by changing the labels?

    Virtue (virtues-based)
    4
    When adopting the virtue-based model, one takes actions that promote the desired
    virtues. Some of the critical questions to be posed will include the following.
    ➢ Is it honest to replace the old expired labels with new labels?
    ➢ Are the actions fair to the consumers who will eventually take medicine?
    A- Analysis
    Utilitarianism
    Stakeholder: Meeker (The warehouse that Randy and Cheryl work in)
    Pros:






    The employees supplying the pharmaceutical products will generate more money
    through sales
    Increase in available inventory count
    Increase in market share
    Will have the ability to maintain their competitive advantage
    There will be less waste
    Increase revenue through sales
    Cons:






    Can result in a lawsuit
    This could bring unwanted attention to the hospital by the administration
    Inaccurate representation to the consumer about the product
    It is unethical for the business to conduct such actions
    The expired medication can decrease the ability to work
    Increased loss in profit
    Stakeholder: Consumers of the expired medication
    Pros:
    • Receive credit for expired return
    Cons:
    • Consumers will be at a health risk from using the expired drug
    • Possible chance of the health issue not going away due to expired drug
    • Promoting false information
    • Possible risk of gaining other health deficiencies from expired medication
    • Lost trust in the medical industry
    5
    Kantian
    With Kantian ethics, the question is whether the move violates fundamental human
    rights. It is critical to note that all individuals have a right to appropriate medical care. Cheryl
    highlighted that the medicine would lose value, which would be against fundamental rights.
    Randy will also not want to be in a position where his health is at risk, which will be vital in his
    decision-making. Consumers are not given the correct information before purchase, which is an
    unethical act by the business. Humans have the right to know the truth in any situation. The
    Meeker company does not present the truth in this scenario, which affects fundamental human
    rights.
    Virtue
    Based on the virtue-based model, one must align with the virtues expected in society. It is
    not honest to replace. Despite the profit accrued from changing the labels, it is not just to sell
    products on self-pretense, an aspect that Randy has to acknowledge before making a decision.
    The honesty in giving expired medicines to individuals who rely on health experts that have been
    duped will also not be an aspect that Randy should condone. If randy knows the product is being
    experienced, it is not virtuous for him to change the date. In conclusion, it is dishonest to sell a
    product knowing it may harm a consumer intentionally.
    C – Conclusion
    Based on the discussion and an analysis of the three different models, it is vital to
    highlight that the issue is not ethical, and it is only fair for Randy not to approve the move. The
    organization must ensure that they enhance the standard of living of its customers. To ensure
    6
    ethics, it is only fair for Randy to ensure that he is key in fostering ethical behavior, which will
    be key in ensuring that they are in a position to enhance ethical behavior in the long run. The
    company will be better positioned to prevent expired product lawsuits. The issue is thus
    unethical, and Randy should not pursue the given point.
    Based on the analysis developed through the three different models, it can be assumed that it is
    ethical for fur and leather to be used for consumer goods. Since it is not believed that the animals
    are considered to be primary stakeholders, the models conclude that using fur and leather will
    benefit the stakeholders. Regarding LVMH, there is no unethical usage of fur since it will also
    help humans over animals. Humans are viewed to be more valuable than animal’s life.
    CBA 400 – Business Ethics
    Week 3 – Chapter 2
    Class Objectives
     1. Discuss philosophical models of ethics
     2. Understand the SIMAC approach to ethical decision-making
     3. Identify the various stakeholders that can be affected
    Ethics Overview
     Ethics is the study of right and wrong behavior; whether an action is fair,
    right or just.
     In business, ethical decisions are the application of moral and ethical
    principles to the marketplace and workplace.
    SIMAC
     A Systematic Approach of applying ethics– SIMAC
     S – Stakeholders
     I – Issues
     Systemic
     Corporate
     Individual
     M – Models
     A – Analysis
     C – Conclusion
    Approaches to Ethical Reasoning
     Ethical reasoning, which is the application of morals and ethics to a given
    situation, can be duty-based or outcome-based (or apply both).
     Outcome-based: the ethical decision is the one that does the most good to the most
    stakeholders.
     Duty-based: when making a decision, you must account for inherent rights.
     Virtues-based: when making a decision, you should act in a way that upholds certain
    virtues.
    Outcome-based models: Utilitarianism
    Utilitarianism: the best course of action is the one that promotes the
    greatest good for the greatest number of people.
    Ex: the trolley problem
    Cost-benefit analysis: weighing the pros and cons of an action. The
    side with more pros should be followed.
    Pros and cons can have different weights, so it’s not just number of
    people, it accounts for extent of damage/benefit.
    Ex: Would you slap 1 million people of somehow that could save 1
    person’s life?
    Weaknesses to Utilitarianism
     Hard to place a value on some outcomes
     Disagreement over whether something is a cost or a benefit
     Easy to use to justify doing terrible things
     Ex: the eternal shriek (17:45 remaining)
     Becoming a happiness pump (15:08 remaining)
    Duty-based model: Kantian Ethics
     Duty-Based Ethics: When making an ethical decision, you must not violate fundamental rights
     The principle of rights
     People have certain fundamental liberties which must be respected.
     Right is something an individual is entitled to
     Can come from legal rules, religion, philosophy
     Kantian Ethics:
     Do not treat people as a means to an end
     Categorical imperative – only act on reasons we would be willing to have anyone in a similar situation act on
     Requires reversibility and universalizability
    Weaknesses of duty-based models
     What do you do when two rights conflict?
     Does not take into effect utility that may be gained from violating a
    right
     Ex: anti-vaxxers
     Ex: harmless right violation?
     How do you know a right exists?
    Virtue based ethics
     Virtues – when acting, you should take whichever action displays or promotes desired
    virtues
     Justice, fairness, generosity, honesty, etc
     Your character should not vary based on the actions of those around you
     Snake and the fire parable
    Weaknesses of Virtue Based Ethics
     Upholding virtues can disregard outcomes
     Ex: To tell the truth (11 minutes in)
     You may get taken advantage of or help destructive causes
     Can get a reputation for not having good discretion
     Ex: Being too nice
    Conclusions
     All of the various models have some good points and some points that
    don’t always work
     Try analyzing an ethical decision under all models and, it outcomes
    conflict, choose the one most appropriate for the situation
     Try to be unbiased – don’t just pick a model that reinforces the outcome
    you already want
    Stakeholder Relationships,
    Social Responsibility, and
    Corporate Governance
    O.C. Ferrell, John Fraedrich, and Linda Ferrell, Business Ethics: Ethical Decision Making and Cases, 13th Edition. ©2022 Cengage.
    All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
    Icebreaker
     What does the term “stakeholder” mean to you?
     Social responsibility is an organization’s obligation to maximize
    its positive impact on stakeholders and minimize its negative
    impact. Can you think of any companies that are socially
    responsible?
    Stakeholders Define
    Ethical Issues in Business
    2-1
    O.C. Ferrell, John Fraedrich, and Linda Ferrell, Business Ethics: Ethical Decision Making and Cases, 13th Edition. ©2022 Cengage.
    All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
    Stakeholders Define Ethical Issues in Business 1 of 6
     Stakeholders – Those who have a “stake” or claim in some aspect of a
    company’s products, operations, markets, industry, and outcomes
    • Customers
    • Shareholders
    • Employees
    • Suppliers
    • Government Agencies
    • Communities
    Stakeholders Define Ethical Issues in Business 2 of 6
     Normative – Identifies ethical guidelines that dictate how
    firms should treat stakeholders
     Descriptive – Focuses on the firm’s behavior; addresses how
    decisions are made for stakeholder relationships
     Instrumental – Describes what happens if firms behave in a
    particular way
    FIGURE 2-1 The Impact of a
    Strong Organizational Culture
    Stakeholders Define Ethical Issues in Business 3 of 6
    Identifying Stakeholders
     Primary stakeholders – Those whose continued association and resources are
    absolutely necessary for a firm’s survival
     Employees, customers, and shareholders, as well as the governments and
    communities that provide necessary infrastructure
     Secondary stakeholders – Stakeholders who do not typically engage directly in
    transactions with a company and are therefore not essential to its survival
     Media, trade associations, and special interest groups
     Stakeholder interaction model – This approach recognizes other stakeholders
    and explicitly acknowledges that dialogue exists between a firm’s internal and
    external environments.
    FIGURE 2-2
    Interactions
    Between a
    Company and
    Its Primary and
    Secondary
    Stakeholders
    Stakeholders Define Ethical Issues in Business 4 of 6
    A Stakeholder Orientation
     Stakeholder orientation – The degree to which a
    firm understands and addresses stakeholder
    demands
     Activities that address stakeholder demands
    include:
     Organization-wide generation of data about stakeholder groups and
    assessment of the firm’s effects on these groups
     Distribution of this information throughout the firm
     Responsiveness of the organization as a whole to this information
    Stakeholders Define Ethical Issues in Business 5 of 6
    To generate data about stakeholders:
    Identify
    relevant
    stakeholders
    Identify
    concerns about
    the business
    that are
    relevant to
    each
    stakeholder
    group
    Evaluate their
    impact on the
    issues of
    importance to
    the various
    stakeholders
    identified
    Stakeholders Define Ethical Issues in Business 6 of 6
     It is essential for information gathered to be circulated throughout the firm.
     A stakeholder orientation is not complete without including activities that address
    stakeholder issues.
     Activities are likely specific to a particular stakeholder group or issue.
     Firms are likely to adopt a stakeholder orientation to varying degrees.
     To gauge a firm’s stakeholder orientation, evaluate:
     The extent the firm adopts behaviors that typify the generation and dissemination
    of stakeholder intelligence
     The responsiveness to this intelligence
    Knowledge
    Check
    Question: Shareholders
    are what type of
    stakeholders?
    Social Responsibility
    and Business Ethics
    2-2
    O.C. Ferrell, John Fraedrich, and Linda Ferrell, Business Ethics: Ethical Decision Making and Cases, 13th Edition. ©2022 Cengage.
    All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
    Social Responsibility and Business Ethics 1 of 2
    • Ethics and social responsibility are not the same but are interrelated.
    – Social responsibility is an organization’s obligation to maximize its positive impact on
    stakeholders and minimize its negative impact.
    • There are four levels of social responsibility:
    Economic
    Legal
    Ethical
    Philanthropic
    Social Responsibility and Business Ethics 2 of 2
     Corporate citizenship – The extent to which businesses strategically meet the economic, legal,
    ethical, and philanthropic responsibilities placed on them by various stakeholders
     Four interrelated dimensions:
     Strong sustained economic performance
     Rigorous compliance
     Ethical actions beyond what the law requires
     Voluntary contributions that advance the reputation and stakeholder commitment of the
    organization
     Reputation – A corporation’s image and an intangible asset with tangible value
    Issues in Social
    Responsibility
    2-3
    O.C. Ferrell, John Fraedrich, and Linda Ferrell, Business Ethics: Ethical Decision Making and Cases, 13th Edition. ©2022 Cengage.
    All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
    Issues in Social Responsibility 1 of 2
     Social responsibility rests on a stakeholder orientation.
     Each stakeholder is given due consideration.
     Long-term relationships with stakeholders develop trust,
    loyalty, and the performance necessary to maintain
    profitability.
     Social issues are associated with the common good.
     These can relate directly or indirectly to business.
    Issues in Social Responsibility 2 of 2
     Major issues today include data privacy, consumer
    protection, sustainability, and corporate governance.
     Corporate governance – The development of formal
    systems of accountability, oversight, and control
    Strong corporate governance mechanisms remove
    the opportunity for employees to make unethical
    decisions.
    Social Responsibility
    and the Importance
    of a Stakeholder Orientation
    2-4
    O.C. Ferrell, John Fraedrich, and Linda Ferrell, Business Ethics: Ethical Decision Making and Cases, 13th Edition. ©2022 Cengage.
    All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
    Social Responsibility and the Importance
    of a Stakeholder Orientation 1 of 1
     Legal and economic responsibilities are generally accepted
    as the most important determinants of performance.
     Economist Milton Friedman suggests the market is a better
    deterrent to wrongdoing than new laws and regulations.
     Adam Smith, founder of capitalism, said each individual has
    to produce for the common good.
     Smith established normative expectations for motives
    and behaviors in his theories about the invisible hand.
     Evidence suggests caring about the well-being of
    stakeholders leads to increased profits.
    Debate Issue: Take a Stand
     Is it acceptable to promote a socially irresponsible—but legal—product to
    stakeholders?
     For example, Ashley Madison, a dating website, encourages married
    individuals to have an affair. With the motto “Life Is Short. Have an Affair,”
    the website has had more than 60 million members worldwide over its
    lifetime.
     Take a stand:
     There is nothing wrong in providing a legal service many people desire.
     From a stakeholder perspective, it is wrong to provide socially irresponsible
    services.
    Corporate Governance Provides
    Formalized Responsibility to
    Stakeholders
    2-5
    O.C. Ferrell, John Fraedrich, and Linda Ferrell, Business Ethics: Ethical Decision Making and Cases, 13th Edition. ©2022 Cengage.
    All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
    Corporate Governance Provides Formalized
    Responsibility to Stakeholders 1 of 8
     Most businesses operate under the assumption that the purpose of
    business is to maximize profits for shareholders.
     The stakeholder model places the board of directors in the position of
    balancing the interests and conflicts of a company’s various
    constituencies.
     External control of a corporation resides with government regulators
    and key stakeholders (e.g., employees, consumers, and communities).
     Stakeholders exert pressure on the organization for responsible
    conduct.
     Social responsibility activities have a positive impact on consumer
    identification with an attitude toward the brand.
    Corporate Governance Provides Formalized
    Responsibility to Stakeholders 2 of 8
     Fiduciaries are persons placed in positions of trust that act on behalf of
    the best interests of the organization (e.g., directors and officers of
    corporations).
     Directors are not generally held responsible for negative
    outcomes if they have been informed and are diligent in their
    decision making.
     Duty of care (duty of diligence) – The legal obligation of an
    individual or organization to make informed and prudent decisions
    and avoid behavior that could cause harm to others
     Duty of loyalty – The obligation of individuals to make decisions
    that are in the best interest of the corporation and its stakeholders
    Corporate Governance Provides Formalized
    Responsibility to Stakeholders 3 of 8
     Accountability – How closely workplace decisions align with
    a firm’s stated strategic direction and its compliance with
    ethical and legal considerations
     Oversight – Provides a system of checks and balances that
    limit employees’ and managers’ opportunities to deviate
    from policies and strategies aimed at preventing unethical
    and illegal activities
     Control – Process of auditing, improving organizational
    decisions and actions
    Corporate Governance Provides Formalized
    Responsibility to Stakeholders 4 of 8
     Corporate governance establishes fundamental systems and
    processes for:
     Preventing and detecting misconduct
     Investigating and disciplining
     Recovery and continuous improvement
     The development of a stakeholder orientation should interface
    with the corporation’s governance structure.
     Corporate governance normally involves strategic decisions
    and actions by boards of directors, business owners, top
    executives, and other managers with high levels of authority
    and accountability.
    Corporate Governance Provides Formalized
    Responsibility to Stakeholders 5 of 8
    Views of Corporate Governance
     Shareholder model of corporate governance – Founded in
    classic economic precepts, including the goal of
    maximizing wealth for investors and owners
     For publicly traded firms, corporate governance focuses
    on developing and improving the formal system for
    maintaining performance accountability between top
    management and the firm’s shareholders.
     Stakeholder model of corporate governance – A broader
    view of the purpose of business that considers stakeholder
    welfare in tandem with corporate needs and interests
    Corporate Governance Provides Formalized
    Responsibility to Stakeholders 6 of 8
    The Role of Boards of Directors
     Boards of directors hold the ultimate responsibility for their firms’
    success or failure, as well as the ethics of their actions.
     FSGO holds them accountable for creating an ethical
    culture that provides leadership, values, and compliance.
     Assume legal responsibility for the firm’s resources and
    decision
     Responsible for appointing top executive officers
     There is a new emphasis on accountability for board members.
    Corporate Governance Provides Formalized
    Responsibility to Stakeholders 7 of 8
    Greater Demand for Accountability and Transparency
     Directors are increasingly chosen for their expertise,
    competence, and ability to bring diverse perspectives to
    strategic discussions.
     Outside directors do not have a vested interest.
     Interlocking directorate — The concept of board members
    being linked to more than one company
     Legal unless it involves a direct competitor
    Corporate Governance Provides Formalized
    Responsibility to Stakeholders 8 of 8
    Executive Compensation
     Executive compensation – How executives are compensated for their
    leadership, organizational service, and performance
     Was influenced by internal equity (how executive pay relates to employee
    pay)
     Shifted to a system of external equity (what CEOs at other companies are
    paid)
     Caused executive compensation to increase
     Ratio of the salaries of the highest-paid executives to the median
    employee wage should be less
     Stakeholders support a high level of compensation only when it is linked to
    strong company performance
    Discussion Activity
     What are current topics in governance?
     What areas do you think should or will become hot topics in the
    near future?
    Discussion Activity Debrief
    Are the topics you discussed listed below? What would you add to this list?
     Environmental, social, and governance oversight
     Human capital management
     Audit committee oversight of internal controls
     Corporate culture
     Whistle-blower protections
     Board diversity
     Representation of women on boards
     Hedging policy disclosure rules
    Implementing a
    Stakeholder Perspective
    2-6
    O.C. Ferrell, John Fraedrich, and Linda Ferrell, Business Ethics: Ethical Decision Making and Cases, 13th Edition. ©2022 Cengage.
    All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
    Implementing a Stakeholder Perspective 1 of 3
     Step 1: Assessing the Corporate Culture
     Identify the organizational mission, values, norms, and behavior likely to have implications
    for social responsibility
     Step 2: Identifying Stakeholder Groups
     Recognize stakeholder needs, wants, and desires
     Step 3: Identifying Stakeholder Issues
     Level of stakeholders’ power and legitimacy determines degree of urgency
    Implementing a Stakeholder Perspective 2 of 3
     Step 4: Assessing Organizational Commitment to Stakeholders
    and Social Responsibility
     Used to evaluate current practices and to select concrete social responsibility initiatives
     Social responsibility disclosures in company annual reports are directly related to the quality
    of corporate governance.
     Step 5: Identifying Resources and Determining Urgency
     Two main criteria: (1) Level of financial and organizational investments required by different
    actions and (2) urgency when prioritizing social responsibility challenges
     When the challenge under consideration is viewed as significant and stakeholder pressures
    on the issue can be expected, the challenge is considered urgent.
    Implementing a Stakeholder Perspective 3 of 3
     Step 6: Gaining Stakeholder Feedback
     A general assessment of a firm and its practices can be obtained through satisfaction or
    reputation surveys.
     To gauge stakeholders’ perceptions of a firm’s contributions to specific issues, stakeholdergenerated media such as blogs, websites, podcasts, and newsletters can be assessed.
     Formal research may be conducted using focus groups, observation, and surveys.
    Contributions of a
    Stakeholder Perspective
    2-7
    O.C. Ferrell, John Fraedrich, and Linda Ferrell, Business Ethics: Ethical Decision Making and Cases, 13th Edition. ©2022 Cengage.
    All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
    Contributions
    of a
    Stakeholder
    Perspective
     While we provide a framework for
    implementing a stakeholder
    perspective, balancing stakeholder
    interests requires information and good
    judgment.
     When businesses attempt to provide
    what consumers want, broader
    societal interests can create conflicts.
     Balancing stakeholder interests can be
    a challenging process.

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