Friday, February 13, 2015

News Analysis 5

Housing Discrimination

A lawsuit was filed in New York federal court citing accusations of M&T Bank for offering loans to lower qualified white customers at higher approved loan amounts than minority customers by using hidden approval criteria based on raced within the application process.

The ethical problem that is raised in the case is based on possible violations of The Fair Housing Act of 1968 which was designed to eliminate the practice of racial discrimination and segregation of historical neighborhoods by banks in offering loans to minority home buyers. The practice perpetuating segregation of minority people is simply not a fair or equitable way for a society to behave. Bank ought to provide services to customers that are qualified regardless of race and any other factor that infringes on a person’s God given rights that are protected by the constitution.

An Ethical approach that could be applied to the reasoning behind why these banking practices are unethical is offered by Joe Fletcher in that every situation must be evaluated as to how an individual can be liberated from societal rules of the past therefore a progressive standpoint based on love. Minorities adversely affected by banks that will not provide equitable loans is certainly not a loving societal characteristic and therefore is unloving. This is an ethical approach based on a humanistic theory and not necessarily a biblical perspective but is certainly one based common dignity of humans.

So far the case is still in the court system and they are going through audio recordings as evidence in the case. The fact that the investigation into the M&T Bank and other potential violators is being handled by the foremost testing expert makes the results likely to be well reviewed and highly detailed even though the method for testing the banks is a very rare type of investigative research. The decision for the Fair Housing Justice Center to pursue the compliance of lenders to follow the rules of the law is certainly the correct way to proceed with making sure the industry remain fair for borrowers of all races and ethnicity. Based on the course text Ethical Theory and BusinessKantian ethical viewpoint of Utilitarianism would suggest that the maximization of the good and the demand for reducing or eliminating harm to people is the most fair and equitable way to proceed in life is a fine example of how to evaluate how the Fair Housing Justice Center went after this and other banks behaving improperly.

Since the bank is still under investigation they ought to be cooperating with the investigators in the lawsuit and to some degree they are however, the banks spokesperson has spoken out in a brief comment on the issue by stating that they hold the highest level of non white borrower loans for their customers than any other institution in the New York area. It would make reasonable sense for the bank to show good due diligence as well as cooperation in sensitivity to the allegations if they were to behave in a different manner. the follow the course text Ethical Theory and Business, the Kantian viewpoint of Utilitarianism would show that it was also their best interest to work together to try to reach the most good by supporting the efforts of the investigation instead of trying to offer limited information on its position or broad public statements of good will.

References

Business Ethics Magazine (9 February 2015). Retrieved from http://business-ethics.com/2015/02/09/1645-housing-enforcement-group-sues-mt-bank-for-discrimination/

Beauchamp, T.L., Bowie N.E., Arnold D.G., (2012). Ethical Theory and Business, 9th Edition. Upper Saddle River, NJ: Pearson Prentice Hall

Thursday, February 5, 2015

News Analysis 4

Net Neutrality

Netflix has been claiming for years that internet service providers that support the delivery of their services have been limiting the bandwidth and speeds of their service delivery to its customers explained the back story in this news article (Fox News Business 2015). The claims have been found by unbiased third party investigation to be false and now will likely backfire on the company in that the government will likely soon be passing regulatory oversight legislation for the industry. The ethical violation claim I am making in this analysis is not that of the government rather the findings of the investigation into the operational missteps by Netflix into offering these false claims to the public in order to make a profit.

It is unethical to falsify a public relations campaign in order to gain an advantage over the market. In the text Ethical Theory and Business, the issue is raised about the purpose of the corporation being that of earning and maximizing profits (2012). Netflix ultimately based its strategy to earn more profits by minimizing barriers for their products to reach the market. The industry has long been known to be unregulated and therefore a free market place with side deals and contracts being negotiated without any government supervision keeping the system in check (Fox News Business 2015). Netflix was able to create image problems for cable companies and was able to work secret agreements with internet service providers in order to gain a larger footprint in the streaming capabilities of network traffic due to its massive system requirements. The bottom line in the government stepping in to take over regulatory control of the industry is simply based on manipulation of the truth.

The Ethical Theory and Business text also discusses how corporations are to ethically disclose information and in this case, Netflix used several third party services to stream their network traffic, all the while Netflix claimed that the cable companies at the consumer end of the service line was unethically slowing the system down in order to service their own wholesale customers (Fox News Business 2015). The way that Netflix presented this information to the public is in question based on the description in the Ethical Theory and Business text arguing that the free market dictates what the consumer wants and organizations role is simply to provide the product the consumer demands (2012). Without proper disclosure, the public will not know exactly what an organization is actually providing and whether or not the product is being consumed under false information. 

Netflix could have resolved this fiasco if they had simply demanded proper disclosure from its third party service providers in the first place. Communicating the truth to consumers would likely have kept this unregulated market off of the radar of the government regulatory committees and manipulating special interest groups interested in allowing the government to take control of everything the free market stands for. The text Ethical Theory and Business also talks about truth in free market depending on the level of sophistication of consumers but without proper disclosure, the consumer could not possibly be knowledgeable (2012). The sophistication of the consumers stems from trust that is developed between a consumer and the organization. Without the organization being truthful, trust in the product cannot be gained by the consumer.

Class discussion also brings to light an approach to ethical reasoning being that of “outcome-based ethics”. This approach describes a need for cost benefit analysis of a situation. Netflix believed they were doing the right thing in order to grow their profits by falsifying information about how their products were being delivered thinking the cable companies would be forced to go into exclusive contracts with them once it was determined that the third party service providers were no longer part of the equation. The less painful solution to the situation proved to be true but also uncovered the fact that the Netflix service providers were not telling the whole story now turning the whole situation upside down by giving a foothold to the government to take over and begin regulating the industry. This was certainly not an outcome Netflix had anticipated. Ethical decision making is a fine line that organizations must be cognizant of before making claims that are not true.

References

Fox News Business (5 February 2015). Retrieved from http://www.foxbusiness.com/technology/2015/02/05/how-obama-fcc-and-netflix-are-duping-america-on-net-neutrality/

Beauchamp, T.L., Bowie N.E., Arnold D.G., (2012). Ethical Theory and Business, 9th Edition. Upper Saddle River, NJ: Pearson Prentice Hall

Friday, January 30, 2015

News Analysis 3

Ceased Citations

Arizona legislators have decided to stop issuing citations to drivers of the online ride share companies, Uber and Lyft as the Super Bowl weekend approaches. The ethical dilemma that emerges is based on previous legal issues that have been raised on the hiring practices, poor enforcement of driver licencing and insurance standards of Uber and Lyft and the lack of safety and concern for patrons using the ride share services. The decision for Arizona legislators to simply eliminate efforts to regulate the drivers during a busy sports event weekend based on the revenue that the services are likely to generate is of great concern.

The state has clearly decided that economics is far more important than the safety of its citizens. According to the Ethical Theory and Business text, the “deontological” ethical approach would be the guiding factor for passing a decision such as this. Kant described a "categorical imperative" where one would make a decision based on the final outcome being of the highest good (27). In other words, the state has decided that the highest good is to make money and the safety of citizen’s takes a back seat.

The state is essentially a business entity in that it must raise revenues in the form of taxes in order to operate effectively and therefore it is in the business of making money during busy weekend sports events and so the state certainly expects to earn a lot of additional revenue from the taxes it will collect from these ride share companies during the busy Super Bowl weekend.

The state should have resolved this incident differently by demanding that the event producers and the NFL contract to private shuttle van and bus line services to allow for alternative transportation services to be available, before, during and after the event. The integrity of the state is in question due to the decision to stop citations that do not take into account the history of the unsafe operating practices and danger they pose to potential patrons.

The “Might makes Right”, adage from the class discussion seems to fit this news story very well in that “Might” in this case is the power of the state and the money making aspect is what has been found to be “Right” over the safety of Arizona citizens. Another ethical approach discussed in class could also be applied to the analysis of this case being that of “Outcome Based ethics”. In this sense the ends of making revenue for the state justifies the means in making the decision to stop citations of these ride share drivers.

At the end of the day patrons will have a choice to make about whether or not they take a ride with an Uber or Lyft car and the state will ultimately make money. The ethical dilemma also must look at the patron as well in that they are part of the puzzle so mitigation of risk must also fall on them. If patrons do not mind and have a relaxed attitude about the issue than maybe it is not really an issue at all. The ethical approach of "emotive reasoning" comes into play as discussed in our class lecture. Moral relativism is what would drive patrons that know and accept the risk of taking a ride with a driver that was not commercially licensed or insured and according to the text Ethical Theory and Business, relativism is really an identifier for the times we live in. The postmodern age has garnered a propensity for humankind to question the world and even rebel against culture (27). 

Arizona’s decision should actually not be a surprise to anyone with a sense of reason and we shouldn’t be surprised if the state has a change of heart after the game this weekend. The ethical case that could one day emerge whether the state will change its ruling after the Super Bowl weekend was over and would seem to be even more unethical but that would be a different analysis from a future news cycle.

References

Fox News Business (29 January 2015). Retrieved from http://www.foxbusiness.com/markets/2015/01/29/arizona-stops-ticketing-uber-lyft-drivers-as-new-governor-legislature-work-on/

Beauchamp, T.L., Bowie N.E., Arnold D.G., (2012). Ethical Theory and Business, 9th Edition. Upper Saddle River, NJ: Pearson Prentice Hall
  

Tuesday, January 20, 2015

News Analysis 2

Booming Business

Restaurants also known as “breastaurants” are hiring attractive women and require them to wear revealing clothing as their uniform and are becoming increasingly popular as compared to regular restaurants, in fact they are growing by double digits over the last year as they compete to attract new customers.

The notion that sex sells continues to be a method for marketers to promote restaurants. Success has been found by restaurant chains trying to grow their businesses while the traditional more conservative approach of selling affordably priced, good tasting food in a family friendly atmosphere appears to be failing or at the very least slowing. The ethical issue that emerges is one that looks at whether this type of business operation is an example of exploitation of women and if it is degrading to women in the work place and society as a whole. From the readings of Ethical Theory and Business, discrimination during the hiring process was not explored in this case and would seem to emerge as a serious concern for business owners as well as employees since the subjectivity of choosing only beautiful women over those that are less attractive or not at all would raise issues in what was fair and legal. This ethical issue could be followed by the high potential for sexual harassment by other employees and patrons due to sexual insinuation and innuendo while working a shift.

The restaurant industry that uses scantily clad women’s uniforms as a way to market to men is under fire however the market continues to grow and show profits making the market more appealing than ever before. The decision for restaurateurs to create businesses based on this type of employee profile seems to make more sense from a dollars and cents point of view when competing against well-established chains following a more ethical model. New upstart restauranteurs continue to take advantage of the power of beautiful women to sell its products while in parallel the public proves that the business model works. Women clearly are not offended as much as critics seem to state otherwise they would not be applying to these jobs.

The fact of the matter in business is that the business man is beholden to its stake holders as the bottom line driver for making a profit. The business model that requires sex as a tool for creating profits is not a new model rather it could be described as the oldest known profession. Values associated with modesty among humans, plays the key role on how this could be handled differently while also considering the fact that Christian business people should not be afraid to confront dangers, threats and difficult business environments. According to Beyond Integrity: A Judeo-Christian Approach to Ethics, Christian values could be woven onto the business model by considering holiness, justice and love. Holiness in that the human form is a celebration of Gods image. Justice would define how the business would hold all liability for keeping employees safe from harm during the operation of the business so safety and security practices as well as equitable hiring practices could be developed as a result of this business models success. And finally, Love could be implemented in making it clear that beauty being part and parcel to human nature and to exploit women would not be a loving behavior to condone.

To complete this analysis, a look at how a resolution to potential ethical violations has taken shape finds that these matters having not been resolved by these company's since they are prospering. Time will ultimately tell whether the business model will change or if personnel have been harmed or if the general public decides that the ethical behavior in the form of respecting women will take precedence over the objectification of women through the marketing of sex to sell food. Until profits are no longer being made than it is likely sex will continue to sell and “breastaurants” will continue to gain popularity and market share. From a business stand point, a business that generates profit is a signal for success. This model can always be adapted in the future and safe environments can be established to ensure patrons and employees respect each other and have fun at the same time.

References

Fox News Business (16 January 2015). Breastaurant business is booming as other chains struggle. http://www.foxnews.com/leisure/2015/01/16/breast-taurant-business-booming-other-chain-eateries-struggle/

Beauchamp, T.L., Bowie N.E., Arnold D.G., (2012). Ethical Theory and Business, 9th Edition. Upper Saddle River, NJ: Pearson Prentice Hall

Rae, Scott B. and Wong, Kenman L., (2004). Beyond Integrity: A Judeo-Christian Approach to Ethics, 2nd Edition. Grand Rapids, MI: Zondervan Press


Friday, January 16, 2015

News Analysis 1

Online Guided Tours Business Model Problems

Indian company SeekSherpa is now providing guided tours of Indian market places with by utilizing an online service strategy for sourcing customers and connecting them with tour guides by way of the internet. This market likely emerged in response to a parallel web based online business model of the popular Uber Company rape scandals. Essentially the online guide services are using un-vetted brokers that source the guides used in the service. These brokers are acting as the middle man between the customer and the tour guides. The business model claims to be safe in that they are operating in a public space but skeptics insist that regulation must be implemented to ensure safety of customers and guides alike in the wake of recent scandals. 


The online guide service follows the same online model as Uber and now faces shut down by the Indian government based on the alleged rape charges brought against several Uber drivers where the Indian Government indeed banned all online taxi service firms. No action has been made toward the Online Guide services of SeekSherpa to date however speculation as to whether they will or should is now being raised. Without government oversight of how customers can be guaranteed their safety in the use of this kind of service then additional bans could be put in place for this and future businesses working under the same online models. Uber has also been accused of using what are called burner phones so that drivers cannot be traced or investigated and thereby protecting the guilty. Accountability is simply diminished with activities such as these. If guide services are not regulated than the potential for future criminal activity is wide open.


For now the action to do nothing is being looked at closely by the company’s founders. The regulatory body of the Indian government is who would actually make the final action to stop these businesses from operating. The Company believes the ministry of tourism will not find any issues with the service rather it will be a boon to more business in the region. Regulatory issues like this can be difficult to overcome for start-up businesses but they must overcome these issues or the company and or model will fail thereby potentially affecting multiple segments of the economy. Providing a safe service is the ultimate issue for customers as well as the prosperity of the economy.


SeekSherpa could certainly do a better job of explaining how they operate and how it is safe in its service practices as compared to the Uber Company, this would differentiate the SeekSherpa from any ill perception prior to regulatory issues potentially being raised. By conducting a risk-based human rights due diligence study of all of the company’s activities as well as review of relationships would likely mitigate issues arising from perpetrators of criminal activities within the organization as well as possible customers seeking to harm guides as the inverse. This would be an act of best practices or due diligence and would allow the organization to be traceable in its operational functions and procedures showing a history of data and information that would also cover them from potential future accusations or investigations.


The issue to date has not been resolved but could potentially be facing a ban in the future as it is similar to the Uber case however from the outside looking in and knowing the history of continuous controversy around the operational strategy of Uber, these guided tour services could learn a quick lesson in how not to operate.

References

BBC News Business (8 January 2015). Are India's 'Uber for tour guides' on the right track? http://www.bbc.com/news/business-30716530