Extort gold from merchants eso

Business Homework

∙ Businesses in the United States and other nations are transforming the employment rela- tionship, abandoning practices that once provided job security and guaranteed pensions in favor of highly flexible but less secure forms of employment. The Great Recession caused job losses across broad sectors of the economy in the United States and many other nations. Many jobs, including those in the service sector, are being outsourced to the emerging economies of China, India, and other nations. As jobs shift abroad, trans- national corporations are challenged to address their obligations to workers in far-flung locations with very different cultures and to respond to initiatives, like the Bangladesh Accord on Fire and Building Safety, which call for voluntary commitment to enlight- ened labor standards and human rights.

∙ Ecological and environmental problems have forced businesses and governments to take action. An emerging consensus about the risks of climate change, for example, is lead- ing many companies to adopt new practices, and the nations of the world have recently adopted a groundbreaking agreement designed to limit the emissions of greenhouse gases. Many businesses have cut air pollution, curbed solid waste, and designed prod- ucts and buildings to be more energy-efficient. A better understanding of how human

Final PDF to printer

Preface v

law1541X_fm_i-xviii v 12/29/15 03:24 PM

activities affect natural resources is producing a growing understanding that economic growth must be achieved in balance with environmental protection if development is to be sustainable.

∙ Many regions of the world and their nations are developing at an extraordinary rate. Yet, the prosperity that accompanies economic growth is not shared equally. Access to health care and education remain unevenly distributed among and within the world’s nations, and inequalities of wealth and income have become greater than they have been in many years. These trends have challenged businesses to consider the impact of their compensation, recruitment, and professional development practices on the persistent— and in some cases, growing—gap between the haves and the have-nots.

∙ The tragic epidemic of Ebola in West Africa, as well as the continuing pandemic of AIDS in sub-Saharan Africa and the threat of a swine or avian flu outbreak have com- pelled drug makers to rethink their pricing policies and raised troubling questions about the commitment of world trade organizations to patent protection. Many businesses must consider the delicate balance between their intellectual property rights and the urgent demands of public health, particularly in the developing world.

∙ In many nations, legislators have questioned business’s influence on politics. Business has a legitimate role to play in the public policy process, but it has on occasion shaded over into undue influence and even corruption. In the United States, recent court deci- sions have changed the rules of the game governing how corporations and individuals can contribute to and influence political parties and public officials. Technology offers candidates and political parties new ways to reach out and inform potential voters. Busi- nesses the world over are challenged to determine their legitimate scope of influence and how to voice their interests most effectively in the public policy process.

The new Fifteenth Edition of Business and Society addresses this complex agenda of issues and their impact on business and its stakeholders. It is designed to be the required textbook in an undergraduate or graduate course in Business and Society; Business, Gov- ernment, and Society; Social Issues in Management; or the Environment of Business. It may also be used, in whole or in part, in courses in Business Ethics and Public Affairs Management. This new edition of the text is also appropriate for an undergraduate sociol- ogy course that focuses on the role of business in society or on contemporary issues in business. The core argument of Business and Society is that corporations serve a broad public purpose: to create value for society. All companies must make a profit for their owners. Indeed, if they did not, they would not long survive. However, corporations create many other kinds of value as well. They are responsible for professional development for their employees, innovative new products for their customers, and generosity to their communi- ties. They must partner with a wide range of individuals and groups in society to advance collaborative goals. In our view, corporations have multiple obligations, and all stakehold- ers’ interests must be taken into account.

A Tradition of Excellence

Since the 1960s, when Professors Keith Davis and Robert Blomstrom wrote the first edi- tion of this book, Business and Society has maintained a position of leadership by discuss- ing central issues of corporate social performance in a form that students and faculty have found engaging and stimulating. The leadership of the two founding authors, and later of

Final PDF to printer

vi Preface

law1541X_fm_i-xviii vi 12/29/15 03:24 PM

Professors William C. Frederick and James E. Post, helped Business and Society to achieve a consistently high standard of quality and market acceptance. Thanks to these authors’ remarkable eye for the emerging issues that shape the organizational, social, and public policy environments in which students will soon live and work, the book has added value to the business education of many thousands of students. Business and Society has continued through several successive author teams to be the market leader in its field. The current authors bring a broad background of business and society research, teaching, consulting, and case development to the ongoing evolution of the text. The new Fifteenth Edition of Business and Society builds on its legacy of market leadership by reexamining such central issues as the role of business in society, the nature of corporate responsibility and global citizenship, business ethics practices, and the com- plex roles of government and business in a global community.

For Instructors

For instructors, this textbook offers a complete set of supplements. Continually evolving, McGraw-Hill Connect® has been redesigned to provide the only true adaptive learning experience delivered within a simple and easy-to-navigate environ- ment, placing students at the very center.

∙ Performance Analytics—Now available for both instructors and students, easy-to- decipher data illuminates course performance. Students always know how they are doing in class, while instructors can view student and section performance at-a-glance.

∙ Personalized Learning—Squeezing the most out of study time, the adaptive engine within Connect creates a highly personalized learning path for each student by identify- ing areas of weakness and providing learning resources to assist in the moment of need.

This seamless integration of reading, practice, and assessment ensures that the focus is on the most important content for that individual.

Instructor Library The Connect Management Instructor Library is a repository for additional resources to improve student engagement in and out of class. The instructor can select and use any asset that enhances his or her lecture. The Connect Instructor Library includes an exten- sive instructor’s resource manual—fully revised for this edition—with lecture outlines, discussion case questions and answers, tips from experienced instructors, and extensive case teaching notes. A computerized test bank and power point slides for every chapter are also provided.

Manager’s Hot Seat Now instructors can put students in the hot seat with access to an interactive program. Students watch real managers apply their years of experience when confronting unscripted issues. As the scenario unfolds, questions about how the manager is handling the situation pop up, forcing the student to make decisions along with the manager. At the end of the scenario, students watch a postinterview with the manager and view how their responses matched up to the manager’s decisions. The Manager’s Hot Seat videos are now available as assignments in Connect.

Final PDF to printer

Preface vii

law1541X_fm_i-xviii vii 12/29/15 03:24 PM

Create With McGraw-Hill Create, www.mcgrawhillcreate.com, the instructor can easily rear- range chapters, combine material from other content sources, and quickly upload self- developed content such as a course syllabus or teaching notes. Content may be drawn from any of the thousands of leading McGraw-Hill textbooks and arranged to fit a partic- ular class or teaching approach. Create even allows an instructor to personalize the book’s appearance by selecting the cover and adding the instructor’s name, school, and course information and to select a print or eBook format.

For Students

Business and Society has long been popular with students because of its lively writing, up-to-date examples, and clear explanations of theory. This textbook has benefited greatly from feedback over the years from thousands of students who have used the material in the authors’ own classrooms. Its strengths are in many ways a testimony to the students who have used earlier generations of Business and Society. The new Fifteenth Edition of the text is designed to be as student-friendly as always. Each chapter opens with a list of key learning objectives to help focus student reading and study. Numerous figures, exhibits, and real-world business examples (set as blocks of col- ored type) illustrate and elaborate the main points. A glossary at the end of the book pro- vides definitions for bold-faced and other important terms. Internet references and a full section-by-section bibliography guide students who wish to do further research on topics of their choice, and subject and name indexes help students locate items in the book.

LearnSmart® The Fifteenth Edition of Business and Society is available with LearnSmart, the most widely used adaptive learning resource, which is proven to improve grades. (To find out more about LearnSmart, go to McGraw-Hill Connect® connect.mheducation.com.) By helping students focus on the most important information they need to learn, LearnSmart personalizes the learning experience so they can study as efficiently as possible.

SmartBook® An extension of LearnSmart, SmartBook is an adaptive eBook that helps students focus their study time more effectively. As students read, SmartBook assesses comprehension and dynamically highlights where they need to study more.

New for the Fifteenth Edition

Over the years, the issues addressed by Business and Society have changed as the envi- ronment of business itself has been transformed. This Fifteenth Edition is no exception, as readers will discover. Some issues have become less compelling and others have taken their place on the business agenda, while others endure through the years. The Fifteenth Edition has been thoroughly revised and updated to reflect the latest the- oretical work in the field and the latest statistical data, as well as recent events. Among the new additions are:

∙ An all-new chapter for this edition on business and its suppliers, incorporating the latest thinking about social, ethical, and environmental responsibility in global supply chains.

Final PDF to printer

viii Preface

law1541X_fm_i-xviii viii 12/29/15 03:24 PM

∙ New discussion of theoretical advances in stakeholder theory, corporate citizenship, public affairs management, public and private regulation, corporate governance, social and environmental auditing, social investing, reputation management, business partner- ships, and corporate philanthropy.

∙ Treatment of practical issues, such as social networking, digital medical records, bot- tom of the pyramid, gender diversity, political advertising and campaign contributions, as well as the latest developments in the regulatory environment in which businesses operate, including the Dodd-Frank Act and the Affordable Care Act.

∙ New discussion cases and full-length cases on such timely topics as worker safety in the garment industry in Bangladesh; the ignition switch recalls by General Motors; Google and the “right to be forgotten”; Uber’s responsibilities toward its drivers, customers, and communities; the decision to raise wages at Gravity Payments; the regulation of e-cigarettes; security breaches that compromised customers’ information at Target and other companies; the hacking of Sony Pictures’ servers; the environmental impact of hydraulic fracturing; shareholder proxy access at Whole Foods; the sale of chemically tainted flooring by Lumber Liquidators; substandard wages and working conditions at nail salons; and JPMorgan Chase’s reputational challenges.

Finally, this is a book with a vision. It is not simply a compendium of information and ideas. The new edition of Business and Society articulates the view that in a global community, where traditional buffers no longer protect business from external change, managers can create strategies that integrate stakeholder interests, respect personal values, support community development, and are implemented fairly. Most important, businesses can achieve these goals while also being economically successful. Indeed, this may be the only way to achieve economic success over the long term.

Anne T. Lawrence

James Weber

Final PDF to printer

ix

law1541X_fm_i-xviii ix 12/29/15 03:24 PM

Acknowledgments We are grateful for the assistance of many colleagues at universities in the United States and abroad who over the years have helped shape this book with their excellent suggestions and ideas. We also note the feedback from students in our classes and at other colleges and universities that has helped make this book as user-friendly as possible. We especially wish to thank three esteemed colleagues who made special contributions to this edition. Cynthia E. Clark, founder and director of the Harold S. Geneen Institute of Corporate Governance and director of the Alliance for Ethics and Social Responsibility at Bentley University, generously shared with us her expertise on corporate reputation, governance, and media relations. She provided new material for and helped reorganize Chapter 19, which has greatly benefited from her insights. She also advised us on the revi- sions of Chapter 3 and contributed the case, “Google and the Right to Be Forgotten.” Anke Arnaud of Embry-Riddle Aeronautical University provided research support for the two environmental chapters (Chapters 9 and 10), drawing on her extensive knowledge of the sustainability literature. An expert in pedagogy, she also prepared the PowerPoint slides that accompany the text. Harry J. Van Buren III of the University of New Mexico shared his expertise on technology and society and provided in-depth suggestions on how best to reorganize the two technology chapters (Chapters 11 and 12), which have been extensively revised for this edition. For all of these contributions, we are most grateful. We also wish to express our appreciation for the colleagues who provided detailed reviews for this edition. These reviewers were Heather Elms of the Kogod School of Business at American University; Joseph A. Petrick of Wright State University; Kathleen Rehbein of Marquette University; Judith Schrempf-Stirling of the Robins School of Business at the University of Richmond; and Caterina Tantalo of San Francisco State University. In addition, we are grateful to the many colleagues who over the years have generously shared with us their insights into the theory and pedagogy of business and society. In par- ticular, we would like to thank Shawn Berman of University of New Mexico; Jennifer J. Griffin of George Washington University; Ronald M. Roman, Asbjorn Osland, and Marc- Charles Ingerson of San José State University; Bernie Hayen of Kansas State University; Cynthia M. Orms of Georgia College & State University; Alexia Priest of Post University; Sandra Waddock of Boston College; Mary C. Gentile of Giving Voice to Values; Margaret J. Naumes of the University of New Hampshire (retired); Michael E. Johnson-Cramer and Jamie Hendry of Bucknell University; John Mahon and Stephanie Welcomer of the Univer- sity of Maine; Bradley Agle of Brigham Young University; Ann Svendsen of Simon Fraser University (retired); Robert Boutilier of Robert Boutilier & Associates; Kathryn S. Rogers of Pitzer College (retired); Anne Forrestel of the University of Oregon; Kelly Strong of Col- orado State University; Daniel Gilbert of Gettysburg College; William Sodeman of Hawaii Pacific University; Gina Vega of Merrimack College; Craig Dunn and Brian Burton of West- ern Washington University; Lori V. Ryan of San Diego State University; Bryan W. Husted of York University; Sharon Livesey of Fordham University; Barry Mitnick of the Univer- sity of Pittsburgh; Virginia Gerde, Matthew Drake, and David Wasieleski of Duquesne University; Robbin Derry of the University of Lethbridge; Linda Ginzel of the University of Chicago; Jerry Calton of the University of Hawaii–Hilo; Anthony J. Daboub of the Univer- sity of Texas at Brownsville; Linda Klebe Treviño of Pennsylvania State University; Mary

Final PDF to printer

law1541X_fm_i-xviii x 12/29/15 03:24 PM

x Acknowledgments

Meisenhelter of York College of Pennsylvania; Stephen Payne of Georgia College and State University; Amy Hillman and Gerald Keim of Arizona State University; Jeanne Logsdon of the University of New Mexico (retired); Barbara Altman of Texas A&M University Central Texas; Craig Fleisher of the College of Coastal Georgia; Karen Moustafa Leonard of Indi- ana University–Purdue University Fort Wayne; Deborah Vidaver-Cohen of Florida Interna- tional University; Lynda Brown of the University of Montana; Kathleen A. Getz of Loyola University–Maryland; Gordon P. Rands of Western Illinois University; Paul S. Adler of the University of Southern California; Diana Sharpe of Monmouth University; Pierre Batellier and Emmanuel Raufflet of HEC Montreal; Bruce Paton, Tom E. Thomas, Denise Klein- richert, Geoffrey Desa, and Peter Melhus of San Francisco State University; Jacob Park of Green Mountain College; Armand Gilinsky of Sonoma State University; Tara Ceranic of the University of San Diego; and Diane Swanson of Kansas State University. These scholars’ dedication to the creative teaching of business and society has been a continuing inspiration to us. Thanks are also due to Murray Silverman of San Francisco State University; Robyn Linde of Rhode Island College and H. Richard Eisenbeis of the University of Southern Colorado Pueblo (retired); Steven M. Cox, Bradley W. Brooks, S. Cathy Anderson, and J. Norris Frederick of Queens University of Charlotte; and Debra M. Staab, a freelance writer and researcher, who contributed cases to this edition. A number of individuals have made research contributions to this project for which we are appreciative. Among the special contributors to this edition were Patricia Morrison of Grossmont College and Caitlin Merritt and Clare Lamperski of Duquesne University, who provided research assistance, and Debra M. Staab, who both provided research and assisted in preparing the instructor’s resource manual and ancillary materials. Thanks are also due to Carolyn Roose, Nate Marsh, and Benjamin Eagle for research support. Emily Marsh, of The Sketchy Pixel, provided graphic design services. We wish to express our continuing appreciation to William C. Frederick, who invited us into this project many years ago and who has continued to provide warm support and sage advice as the book has evolved through numerous editions. James E. Post, another former author of this book, has also continued to offer valuable intellectual guidance to this project. We continue to be grateful to the excellent editorial and production team at McGraw-Hill. We offer special thanks to Laura Hurst Spell, our sponsoring editor, for her skillful leader- ship of this project. We also wish to recognize the able assistance of Diana Murphy, develop- ment editor, and MaryJane Lampe and Ligo Alex, project managers, whose ability to keep us on track and on time has been critical. Casey Keske headed the excellent marketing team. Keri Johnson, media project manager; Susan K. Culbertson, buyer; Richard Wright, copy editor; and Studio Montage, who designed the book cover, also played key roles. Each of these people has provided professional contributions that we deeply value and appreciate. As always, we are profoundly grateful for the ongoing support of our spouses, Paul Roose and Sharon Green.

Anne T. Lawrence

James Weber

Final PDF to printer

law1541X_fm_i-xviii xi 12/29/15 03:24 PM

Brief Contents PART ONE Business in Society 1 1. The Corporation and Its Stakeholders 2 2. Managing Public Issues and Stakeholder

Relationships 24 3. Corporate Social Responsibility and

Citizenship 45 4. Business in a Globalized World 70

PART TWO Business and Ethics 91 5. Ethics and Ethical Reasoning 92 6. Organizational Ethics 113

PART THREE Business and Public Policy 133 7. Business–Government Relations 134 8. Influencing the Political

Environment 157

PART FOUR Business and the Natural Environment 181 9. Sustainable Development and Global

Business 182 10. Managing for Sustainability 205

PART FIVE Business and Technology 231 11. The Role of Technology 232 12. Regulating and Managing Information

Technology 256

PART SIX Business and Its Stakeholders 277 13. Shareholder Rights and Corporate

Governance 278

14. Consumer Protection 302 15. Employees and the Corporation 325 16. Managing a Diverse Workforce 347 17. Business and Its Suppliers 371 18. The Community and the

Corporation 394 19. The Public and Corporate

Reputation 417

CASES IN BUSINESS AND SOCIETY 439 1. After Rana Plaza 440 2. Google and the Right to Be

Forgotten 451 3. General Motors and the Ignition Switch

Recalls 461 4. Sustainability at Holland America

Line 471 5. The Carlson Company and

Protecting Children in the Global Tourism Industry 480

6. Ventria Bioscience and the Controversy over Plant-Made Medicines 489

7. Moody’s Credit Ratings and the Subprime Mortgage Meltdown 500

8. The Upper Big Branch Mine Disaster 513

9. Carolina Pad and the Bloggers 523

GLOSSARY 536

BIBLIOGRAPHY 549

INDEXES Name 554 Subject 558

xi

Final PDF to printer

law1541X_fm_i-xviii xii 12/29/15 03:24 PM

Contents PART ONE BUSINESS IN SOCIETY 1

CHAPTER 1 The Corporation and Its Stakeholders 2 Business and Society 4

A Systems Perspective 4

The Stakeholder Theory of the Firm 5 The Stakeholder Concept 7

Different Kinds of Stakeholders 8

Stakeholder Analysis 10 Stakeholder Interests 12

Stakeholder Power 12

Stakeholder Coalitions 14

Stakeholder Salience and Mapping 15

The Corporation’s Boundary-Spanning Departments 18 The Dynamic Environment of Business 19

Creating Value in a Dynamic Environment 21

Summary 21 Key Terms 22 Internet Resources 22 Discussion Case: Insuring Uber’s App-On Gap 22

CHAPTER 2 Managing Public Issues and Stakeholder Relationships 24 Public Issues 25 Environmental Analysis 27

Competitive Intelligence 29

Stakeholder Materiality 30

The Issue Management Process 31

Identify Issue 32

Analyze Issue 33

Generate Options 33

Take Action 34

Evaluate Results 34

Organizing for Effective Issue Management 35 Stakeholder Engagement 36

Stages in the Business–Stakeholder Relationship 36

Drivers of Stakeholder Engagement 38

The Role of Social Media in Stakeholder

Engagement 39

Stakeholder Dialogue 40 Stakeholder Networks 40

The Benefits of Engagement 41

Summary 42 Key Terms 42 Internet Resources 42 Discussion Case: Coca-Cola’s Water Neutrality Initiative 43

CHAPTER 3 Corporate Social Responsibility and Citizenship 45 Corporate Power and Responsibility 47 Corporate Social Responsibility and Citizenship 48

The Origins of Corporate Social Responsibility 49

Balancing Social, Economic, and Legal Responsibilities 52 The Corporate Social Responsibility Debate 52

Arguments for Corporate Social Responsibility 52

Arguments against Corporate Social

Responsibility 56

Management Systems for Corporate Social Responsibility and Citizenship 58 Stages of Corporate Citizenship 60 Assessing and Reporting Social Performance 63

Social Audit Standards 63

Social Reporting 64

Summary 66 Key Terms 66 Internet Resources 67 Discussion Case: Corporate Social Responsibility at Gravity Payments 67

CHAPTER 4 Business in a Globalized World 70 The Process of Globalization 71

Major Transnational Corporations 72

International Financial and Trade Institutions 73

The Benefits and Costs of Globalization 76 Benefits of Globalization 76

Costs of Globalization 77

Doing Business in a Diverse World 79 Comparative Political and Economic Systems 80

xii

Final PDF to printer

Contents xiii

law1541X_fm_i-xviii xiii 12/30/15 02:53 PM

Other Functional Areas 120

Making Ethics Work in Corporations 121 Building Ethical Safeguards into the Company 121

Corporate Ethics Awards and Certifications 126

Ethics in a Global Economy 127 Efforts to Curtail Unethical Practices 128

Summary 130 Key Terms 130 Internet Resources 130 Discussion Case: Alcoa’s Core Values in Practice 131

PART THREE BUSINESS AND PUBLIC POLICY 133

CHAPTER SEVEN Business–Government Relations 134 How Business and Government Relate 135

Seeking a Collaborative Partnership 136

Working in Opposition to Government 136

Legitimacy Issues 137

Government’s Public Policy Role 137 Elements of Public Policy 138

Types of Public Policy 140

Government Regulation of Business 142 Market Failure 142

Negative Externalities 142

Natural Monopolies 143

Ethical Arguments 143

Types of Regulation 143

The Effects of Regulation 147

Regulation in a Global Context 152 Summary 153 Key Terms 154 Internet Resources 154 Discussion Case: Should E-Cigarettes Be Regulated? 154

CHAPTER EIGHT Influencing the Political Environment 157 Participants in the Political Environment 158

Business as a Political Participant 159

Influencing the Business–Government Relationship 160

Corporate Political Strategy 160

Political Action Tactics 161 Promoting an Information Strategy 161

Global Inequality and the Bottom of the Pyramid 83

Collaborative Partnerships for Global Problem Solving 85

A Three-Sector World 85

Summary 87 Key Terms 87 Internet Resources 87 Discussion Case: Intel and Conflict Minerals 88

PART TWO BUSINESS AND ETHICS 91

CHAPTER FIVE Ethics and Ethical Reasoning 92 The Meaning of Ethics 93

What Is Business Ethics? 94

Why Should Business Be Ethical? 95

Why Ethical Problems Occur in Business 99 Personal Gain and Selfish Interest 99

Competitive Pressures on Profits 100

Conflicts of Interest 100

Cross-Cultural Contradictions 101

The Core Elements of Ethical Character 102 Managers’ Values 102

Spirituality in the Workplace 103

Managers’ Moral Development 104

Analyzing Ethical Problems in Business 106 Virtue Ethics: Pursuing a “Good” Life 106

Utility: Comparing Benefits and Costs 107

Rights: Determining and Protecting Entitlements 108

Justice: Is It Fair? 109

Applying Ethical Reasoning to Business Activities 109

Summary 110 Key Terms 111 Internet Resources 111 Discussion Case: Chiquita Brands: Ethical Responsibility or Illegal Action? 111

CHAPTER SIX Organizational Ethics 113 Corporate Ethical Climates 114 Business Ethics across Organizational Functions 116

Accounting Ethics 116

Financial Ethics 116

Marketing Ethics 118

Information Technology Ethics 120

Final PDF to printer

xiv Contents

law1541X_fm_i-xviii xiv 12/30/15 03:00 PM

Promoting a Financial-Incentive Strategy 165

Promoting a Constituency-Building Strategy 170

Levels of Political Involvement 173 Managing the Political Environment 174 Business Political Action: A Global Challenge 175 Summary 177 Key Terms 177 Internet Resources 178 Discussion Case: Stop Online Piracy Act—A Political Battle between Old and New Media 178

PART FOUR BUSINESS AND THE NATURAL ENVIRONMENT 181

CHAPTER NINE Sustainable Development and Global Business 182 Business and Society in the Natural Environment 184

Sustainable Development 185

Threats to the Earth’s Ecosystem 185

Forces of Change 186

The Earth’s Carrying Capacity 189

Global Environmental Issues 191 Climate Change 191

Ozone Depletion 194

Resource Scarcity: Water and Land 194

Decline of Biodiversity 196

Threats to Marine Ecosystems 197

Response of the International Business Community 198

Codes of Environmental Conduct 200

Summary 202 Key Terms 202 Internet Resources 202 Discussion Case: Clean Cooking 203

CHAPTER TEN Managing for Sustainability 205 Role of Government 207

Major Areas of Environmental Regulation 207

Alternative Policy Approaches 212

Costs and Benefits of Environmental Regulation 216 Managing for Sustainability 218

Stages of Corporate Environmental Responsibility 218

The Ecologically Sustainable Organization 219 Sustainability Management in Practice 219

Environmental Auditing and Reporting 221

Environmental Partnerships 222

Sustainability Management as a Competitive Advantage 222

Cost Savings 223

Brand Differentiation 224

Technological Innovation 224

Reduction of Regulatory and Liability Risk 225

Strategic Planning 225

Summary 227 Key Terms 227 Internet Resources 227 Discussion Case: Hydraulic Fracturing—Can the Environmental Impacts Be Reduced? 228

PART FIVE BUSINESS AND TECHNOLOGY 231

CHAPTER ELEVEN The Role of Technology 232 Technology Defined 233

Phases of Technology in Society 234

Fueling Technological Growth 235

The Role of Technology in Society 236 The Internet 236

The Digital Divide in the United States and Worldwide 239

Mobile Telephones 240

Social Networking 241

The Impact of Scientific Breakthroughs 242 Genetically Engineered Foods 242

Sequencing of the Human Genome 244

Biotechnology and Stem Cell Research 245

The Role of Technology in Business 246 E-Business 247

Transforming Prevailing Business Models 247

The Use of Robotics at Work 248

Ethical Challenges Involving Technology 250 The Loss of Privacy 250

Free Speech Issues 251

Summary 252 Key Terms 252 Internet Resources 252 Discussion Case: How Safe Is Your Personal Information? 252

Final PDF to printer

Contents xv

law1541X_fm_i-xviii xv 12/30/15 03:00 PM

CHAPTER TWELVE Regulating and Managing Information Technology 256 Information Technology Challenges for Governments and Businesses 258 Government Interventions of Information and Ideas 259

Government Internet Censorship and Control 259

Government Acquisition of Information to Protect the

Public Good 261

Government Protecting Individuals’ Rights and

Property 262

Business Access to and Use of Confidential Information 263

Access to Stakeholders’ Personal Information 263

Special Issue: Cybercrime—A Threat to Organizations and the Public 265

Costs of Cybercrime 266

Exploring Why Hackers Hack 267

Business Responses to Invasions of Information Security 269

The Chief Information, Security,

Technology Officer 271

Government Efforts to Combat Cybercrime 272 Summary 273 Key Terms 274 Internet Resources 274 Discussion Case: Sony Pictures and North Korean Hackers 274

PART SIX BUSINESS AND ITS STAKEHOLDERS 277

CHAPTER THIRTEEN Shareholder Rights and Corporate Governance 278 Shareholders around the World 279

Who Are Shareholders? 280

Objectives of Stock Ownership 282

Shareholders’ Legal Rights and Safeguards 282

Corporate Governance 283 The Board of Directors 283

Principles of Good Governance 285

Special Issue: Executive Compensation 287 Shareholder Activism 291

The Rise of Institutional Investors 292

Social Investment 293

Shareholder Lawsuits 294

Government Protection of Shareholder Interests 295

Securities and Exchange Commission 295

Information Transparency and Disclosure 295

Insider Trading 296

Shareholders and the Corporation 298 Summary 298 Key Terms 299 Internet Resources 299 Discussion Case: Whole Foods Adopts Egalitarian Compensation Policies—But Fights Back on Board Elections 299

CHAPTER FOURTEEN Consumer Protection 302 The Rights of Consumers 304 Self-Advocacy for Consumer Interests 304

Reasons for the Consumer Movement 306

How Government Protects Consumers 307 Goals of Consumer Laws 307

Major Consumer Protection Agencies 309

Special Issue: Consumer Privacy in the Digital Age 312 Using the Courts and Product Liability Laws 315

Strict Liability 315

Product Liability Reform and Alternative Dispute

Resolution 317

Positive Business Responses to Consumerism 318 Managing for Quality 318

Voluntary Industry Codes of Conduct 320

Consumer Affairs Departments 320

Product Recalls 320

Consumerism’s Achievements 321 Summary 322 Key Terms 322 Internet Resources 322 Discussion Case: Lumber Liquidators’ Laminate Flooring 322

CHAPTER FIFTEEN Employees and the Corporation 325 The Employment Relationship 327 Workplace Rights 327

The Right to Organize and Bargain Collectively 328

The Right to a Safe and Healthy Workplace 329

The Right to a Secure Job 332

Final PDF to printer

xvi Contents

law1541X_fm_i-xviii xvi 12/29/15 03:24 PM

Special Issue: Wages and Income Inequality 335 Privacy in the Workplace 336

Electronic Monitoring 337

Romance in the Workplace 338

Employee Drug Use and Testing 339

Alcohol Abuse at Work 340

Employee Theft and Honesty Testing 341

Whistle-Blowing and Free Speech in the Workplace 341 Employees as Corporate Stakeholders 343 Summary 344 Key Terms 344 Internet Resources 344 Discussion Case: The Ugly Side of Beautiful Nails 344

CHAPTER SIXTEEN Managing a Diverse Workforce 347 The Changing Face of the Workforce 348 Gender and Race in the Workplace 350

Women and Minorities at Work 350

The Gender and Racial Pay Gap 351

Where Women and Persons of Color Manage 353

Breaking the Glass Ceiling 354

Women and Minority Business Ownership 357

Government’s Role in Securing Equal Employment Opportunity 357

Equal Employment Opportunity 357

Affirmative Action 359

Sexual and Racial Harassment 359

What Business Can Do: Diversity and Inclusion Policies and Practices 361

Balancing Work and Life 364

Child Care and Elder Care 364

Work Flexibility 365

Summary 367 Key Terms 368 Internet Resources 368 Discussion Case: Unauthorized Immigrant Workers at Chipotle Mexican Grill Restaurants 368

CHAPTER SEVENTEEN Business and Its Suppliers 371 Suppliers 373 Social, Ethical, and Environmental Issues in Global Supply Chains 376

Social Issues 376

Ethical Issues 377

Environmental Issues 379

Supply Chain Risk 380

Private Regulation of the Business–Supplier Relationship 381

Supply Chain Auditing 384

Supplier Development and Capability Building 387 Summary 391 Key Terms 391 Internet Resources 391 Discussion Case: Apple’s Supplier Code of Conduct and Foxconn’s Chinese Factories 392

CHAPTER EIGHTEEN The Community and the Corporation 394 The Business–Community Relationship 396

The Business Case for Community Involvement 397

Community Relations 399 Economic Development 400

Housing 400

Aid to Minority, Women, and Disabled Veteran-Owned

Enterprises 400

Disaster, Terrorism, and War Relief 401

Corporate Giving 402 Forms of Corporate Giving 405

Priorities in Corporate Giving 407

Corporate Giving in a Strategic Context 408

Measuring the Return on Social Investment 410

Building Collaborative Partnerships 411 Summary 413 Key Terms 414 Internet Resources 414 Discussion Case: Fidelity Investments’ Partnership with Citizen Schools 414

CHAPTER NINETEEN The Public and Corporate Reputation 417 The General Public 419 What Is Reputation? 419

Why Does Reputation Matter? 421

The Public Relations Department 422 Using Technology-Enhanced Channels for Public

Relations 423

Brand Management 424 Crisis Management 425 Engaging Key Stakeholders with Specific Tactics 428

Executive Visibility 428

Final PDF to printer

Contents xvii

law1541X_fm_i-xviii xvii 12/29/15 03:24 PM

User-Generated Content 430

Paid Content 431

Event Sponsorship 432

Public Service Announcements 433

Image Advertisements 433

Summary 435 Key Terms 435 Internet Resources 435 Discussion Case: JPMorgan Chase’s #AskJPM 436

CASES IN BUSINESS AND SOCIETY 439 1. After Rana Plaza 440

2. Google and the Right to Be Forgotten 451

3. General Motors and the Ignition Switch Recalls 461

4. Sustainability at Holland America Line 471

5. The Carlson Company and Protecting Children in the Global Tourism Industry 480

6. Ventria Bioscience and the Controversy over Plant-Made Medicines 489

7. Moody’s Credit Ratings and the Subprime Mortgage Meltdown 500

8. The Upper Big Branch Mine Disaster 513

9. Carolina Pad and the Bloggers 523

Glossary 536 Bibliography 549 Indexes Name 554 Subject 558

Final PDF to printer

law1541X_fm_i-xviii xviii 12/29/15 03:24 PM

Final PDF to printer

P A R T O N E

law1541X_ch01_001-023.indd 1 12/11/15 02:22 PM

Business in Society

Final PDF to printer

2

law1541X_ch01_001-023.indd 2 12/11/15 02:22 PM

C H A P T E R O N E

The Corporation and Its Stakeholders Business corporations have complex relationships with many individuals and organizations in society. The term stakeholder refers to all those that affect, or are affected by, the actions of the firm. An important part of management’s role is to identify a firm’s relevant stakeholders and understand the nature of their interests, power, and alliances with one another. Building positive and mutually ben- eficial relationships across organizational boundaries can help enhance a company’s reputation and address critical social and ethical challenges. In a world of fast-paced globalization, shifting public expectations and government policies, growing ecological concerns, and new technologies, manag- ers face the difficult challenge of achieving economic results while simultaneously creating value for all of their diverse stakeholders.

This Chapter Focuses on These Key Learning Objectives:

LO 1-1 Understanding the relationship between business and society and the ways in which business and society are part of an interactive system.

LO 1-2 Considering the purpose of the modern corporation.

LO 1-3 Knowing what a stakeholder is and who a corporation’s market and nonmarket and internal and external stakeholders are.

LO 1-4 Conducting a stakeholder analysis and understanding the basis of stakeholder interests and power.

LO 1-5 Recognizing the diverse ways in which modern corporations organize internally to interact with various stakeholders.

LO 1-6 Analyzing the forces of change that continually reshape the business and society relationship.

Final PDF to printer

Chapter 1 The Corporation and Its Stakeholders 3

law1541X_ch01_001-023.indd 3 12/11/15 02:22 PM

Walmart has been called “a template for 21st century capitalism.” In each period of history, because of its size and potential impact on many groups in society, a single company often seems to best exemplify the management systems, technology, and social relationships of its era. In 1990, this company was U.S. Steel. In 1950, it was General Motors. Now, in the 2010s, it is Walmart.1

In 2015, Walmart was the largest private employer in the world, with 2.2 million employ- ees worldwide. The company operated more than 11,000 facilities in 27 countries and had annual sales of $473 billion. The retailer was enormously popular with customers, drawing them in with its great variety of products under one roof and “save money, live better” slo- gan; 250 million customers worldwide shopped there every week. Economists estimated that Walmart had directly through its own actions and indirectly through its impact on its supply chain saved American shoppers $287 billion annually, about $957 for every person in the United States.2 Shareholders who invested early were richly rewarded; the share price rose from 5 cents (split adjusted) when the company went public in 1970 to around $90 a share in early 2015, its all-time high. Walmart was a major customer for tens of thousands of suppliers worldwide, ranging from huge multinationals to tiny one-person operations.

Yet, Walmart had become a lightning rod for criticism from many quarters, charged with corruption; driving down wages, benefits, and working conditions; and hurting local communities. Consider that: ∙ On the Friday after Thanksgiving 2014—so-called Black Friday—thousands of pro-

testers rallied at 1,600 Walmart stores across the United States, calling on the retailer to raise its workers’ pay to at least $15 an hour and offer more of them full-time work and predictable schedules. Said one part-time cashier, “It is very hard on what I earn. Right now I’m on food stamps and applying for medical assistance.” A month earlier, the company had announced it would no longer provide health insurance to associates working less than 30 hours a week.3

∙ In 2012, the company confronted shocking charges that it had conducted a “campaign of bribery” to facilitate its rapid growth in Mexico. According to an investigation by The New York Times, Walmart had made $24 million in payments to government officials to clear the way for hundreds of new stores in what became the company’s most important foreign subsidiary, in probable violation of both U.S. and Mexican law. Two years later, the company had spent more than $400 million to investigate the bribery allegations, and faced numerous lawsuits from irate shareholders and an ongoing U.S. government investigation.4

∙ In 2013, local activists protested the opening of a Walmart neighborhood market in Los Angeles’s Chinatown, carrying large puppets dressed as the ghosts of small businesses. It was the latest of many incidents in which communities resisted the arrival of the retail giant, saying it would hurt local shopkeepers.5 Economists studying Walmart’s impact in Chicago, for example, found that about one-quarter of neighborhood retailers near a new Walmart had gone out of business, causing a loss of 300 jobs.6

In a continuing effort to improve its social performance, Walmart offered grants to small businesses, donated to wildlife habitat restoration, and announced a plan to lower

4 “Wal-Mart Hushed Up a Vast Mexican Bribery Case,” The New York Times, April 21, 2012; “After Bribery Scandal, High-Level Departures at Walmart,” The New York Times, June 4, 2014.

3 “Wal-Mart Cutting Health Benefits to Some Part-Time Employees,” Bloomberg, October 7, 2014, and “On Black Friday, Walmart Is Pressed for Wage Increases,” The New York Times, November 28, 2014.

2 Global Insight, “The Price Impact of Wal-Mart: An Update through 2006,” September 4, 2007.

1 Nelson Lichtenstein, “Wal-Mart: A Template for Twenty-First Century Capitalism,” in Wal-Mart: The Face of Twenty-First Century Capitalism, ed. Nelson Lichtenstein (New York: The New Press, 2006), pp. 3–30.

6 Julie Davis et al., “The Impact of an Urban Wal-Mart Store on Area Businesses: An Evaluation of One Chicago Neighbor- hood’s Experience,” Center for Urban Research and Learning, Loyola University Chicago, December 2009.

5 “Walmart in LA’s Chinatown Has Opened, Despite Major Protest,” September 13, 2013, www.huffingtonpost.com.

Final PDF to printer

4 Part One Business in Society

law1541X_ch01_001-023.indd 4 12/11/15 02:22 PM

the salt, fat, and sugar in many of its packaged foods. The company strengthened its ethics and compliance program. It also pursued ambitious environmental goals to reduce waste, use more renewable energy, and sell more sustainable products, and began reporting to the public on its progress.7 “Reputation is very important to Wal-Mart,” said a historian who had studied the company. “They put a lot of money into building it.”8

Walmart’s experience illustrates, on a particularly large scale, the challenges of man- aging successfully in a complex global network of stakeholders. The company’s actions affected not only itself, but also many other people, groups, and organizations in society. Customers, suppliers, employees, stockholders, creditors, business partners, governments, and local communities all had a stake in Walmart’s decisions. Walmart had to learn just how difficult it could be to simultaneously satisfy multiple stakeholders with diverse and, in some respects, contradictory interests.

Every modern company, whether small or large, is part of a vast global business system. Whether a firm has 50 employees or 50,000—or, like Walmart, more than 2 million—its links to customers, suppliers, employees, and communities are certain to be numerous, diverse, and vital to its success. This is why the relationship between business and society is important for you to understand as both a citizen and a manager.

Business and Society

Business today is arguably the most dominant institution in the world. The term business refers here to any organization that is engaged in making a product or providing a service for a profit. Consider that in the United States today there are 6 million businesses, according to government estimates, and in the world as a whole, there are uncounted millions more. Of course, these businesses vary greatly in size and impact. They range from a woman who helps support her family by selling handmade tortillas by the side of the road in Mexico City for a few pesos, to ExxonMobil, a huge corporation that employs 75,000 workers and earns annual revenues approaching $412 billion in almost every nation in the world.

Society, in its broadest sense, refers to human beings and to the social structures they col- lectively create. In a more specific sense, the term is used to refer to segments of humankind, such as members of a particular community, nation, or interest group. As a set of organiza- tions created by humans, business is clearly a part of society. At the same time, it is also a distinct entity, separated from the rest of society by clear boundaries. Business is engaged in ongoing exchanges with its external environment across these dividing lines. For example, businesses recruit workers, buy supplies, and borrow money; they also sell products, donate time, and pay taxes. This book is broadly concerned with the relationship between business and society. A simple diagram of the relationship between the two appears in Figure 1.1.

As the Walmart example that opened this chapter illustrates, business and society are highly interdependent. Business activities impact other activities in society, and actions by various social actors and governments continuously affect business. To manage these interdependen- cies, managers need an understanding of their company’s key relationships and how the social and economic system of which they are a part affects, and is affected by, their decisions.

A Systems Perspective General systems theory, first introduced in the 1940s, argues that all organisms are open to, and interact with, their external environments. Although most organisms have clear bound- aries, they cannot be understood in isolation, but only in relationship to their surroundings.

8 “Wal-Mart’s Good-Citizen Efforts Face a Test,” The New York Times, April 30, 2012.

7 “2014 Global Responsibility Report,” http://corporate.walmart.com/global-responsibility/environment-sustainability/ global-responsibility.

Final PDF to printer

Chapter 1 The Corporation and Its Stakeholders 5

law1541X_ch01_001-023.indd 5 12/11/15 02:22 PM

This simple but powerful idea can be applied to many disciplines. For example, in botany, the growth of a plant cannot be explained without reference to soil, light, oxygen, moisture, and other characteristics of its environment. As applied to management theory, the systems concept implies that business firms (social organisms) are embedded in a broader social structure (external environment) with which they constantly interact. Corporations have ongoing boundary exchanges with customers, governments, competitors, suppliers, com- munities, and many other individuals and groups. Just as good soil, water, and light help a plant grow, positive interactions with society benefit a business firm.

Like biological organisms, moreover, businesses must adapt to changes in the environ- ment. Plants growing in low-moisture environments must develop survival strategies, like the cactus that evolves to store water in its leaves. Similarly, a long-distance telephone company in a newly deregulated market must learn to compete by changing the products and services it offers. The key to business survival is often this ability to adapt effectively to changing con- ditions. In business, systems theory provides a powerful tool to help managers conceptualize the relationship between their companies and their external environments.

Systems theory helps us understand how business and society, taken together, form an interactive social system. Each needs the other, and each influences the other. They are entwined so completely that any action taken by one will surely affect the other. They are both separate and connected. Business is part of society, and society penetrates far and often into business decisions. In a world where global communication is rapidly expand- ing, the connections are closer than ever before. Throughout this book we discuss exam- ples of organizations and people that are grappling with the challenges of, and helping to shape, business–society relationships.

The Stakeholder Theory of the Firm

What is the purpose of the modern corporation? To whom, or what, should the firm be responsible?9 No question is more central to the relationship between business and society.

9 For summaries of contrasting theories of the purpose of the firm, see Margaret M. Blair, “Whose Interests Should Corpora- tions Serve,” in Margaret M. Blair and Bruce K. MacLaury, Ownership and Control: Rethinking Corporate Governance for the Twenty-First Century (Washington, DC: Brookings Institution, 1995), ch. 6, pp. 202–34; and James E. Post, Lee E. Preston, and Sybille Sachs, Redefining the Corporation: Stakeholder Management and Organizational Wealth (Palo Alto, CA: Stanford University Press, 2002).

FIGURE 1.1 Business and Society: An Interactive System Society

Business

Final PDF to printer

6 Part One Business in Society

law1541X_ch01_001-023.indd 6 12/11/15 02:22 PM

In the ownership theory of the firm (sometimes also called property or finance theory), the firm is seen as the property of its owners. The purpose of the firm is to maximize its long-term market value, that is, to make the most money it can for shareholders who own stock in the company. Managers and boards of directors are agents of shareholders and have no obligations to others, other than those directly specified by law. In this view, own- ers’ interests are paramount and take precedence over the interests of others.

A contrasting view, called the stakeholder theory of the firm, argues that corporations serve a broad public purpose: to create value for society. All companies must make a profit for their owners; indeed, if they did not, they would not long survive. However, corpora- tions create many other kinds of value as well, such as professional development for their employees and innovative new products for their customers. In this view, corporations have multiple obligations, and all stakeholders’ interests must be taken into account. This approach has been expressed well by the pharmaceutical company Novartis, which states in its code of conduct that it “places a premium on dealing fairly with employees, cus- tomers, vendors, government regulators, and the public. Novartis’ success depends upon maintaining the trust of these essential stakeholders.”10

Supporters of the stakeholder theory of the firm make three core arguments for their position: descriptive, instrumental, and normative.11

The descriptive argument says that the stakeholder view is simply a more realistic description of how companies really work. Managers have to pay keen attention, of course, to their quarterly and annual financial performance. Keeping Wall Street satisfied by man- aging for growth—thereby attracting more investors and increasing the stock price—is a core part of any top manager’s job. But the job of management is much more complex than this. In order to produce consistent results, managers have to be concerned with producing high-quality and innovative products and services for their customers, attracting and retain- ing talented employees, and complying with a plethora of complex government regulations. As a practical matter, managers direct their energies toward all stakeholders, not just owners.

In what became known as the “dollar store wars,” in 2014 two companies made competing bids to buy Family Dollar, a U.S. discount retail chain based in Char- lotte, North Carolina—each with very different consequences for stakeholders. One suitor, Dollar Tree, offered $76.50 per share for the company, while the other, Dol- lar General, offered $80—seemingly a better deal for shareholders. But the Dollar General deal faced likely government antitrust scrutiny and would probably have required the closure of thousands of stores, throwing employees out of work and depriving low-income communities of access to a discount store. In the end, after considering the impact on all stakeholders, Family Dollar’s management recom- mended the lower-priced offer, and three-quarters of its shareholders agreed.12

The instrumental argument says that stakeholder management is more effective as a corporate strategy. A wide range of studies have shown that companies that behave respon- sibly toward multiple stakeholder groups perform better financially, over the long run, than those that do not. (This empirical evidence is further explored in Chapter 3.) These find- ings make sense, because good relationships with stakeholders are themselves a source of value for the firm. Attention to stakeholders’ rights and concerns can help produce

10 “Code of Conduct: Values to Live By,” online at www.novartisvaccines.com. 11 The descriptive, instrumental, and normative arguments are summarized in Thomas Donaldson and Lee E. Preston, “The Stakeholder Theory of the Corporation: Concepts, Evidence and Implications,” Academy of Management Review 20, no. 1 (1995), pp. 65–71. See also, Post, Preston, and Sachs, Redefining the Corporation, ch. 1. 12 “Family Dollar Shareholders Approve Sale to Dollar Tree,” Charlotte Observer, January 22, 2015.

Final PDF to printer

Chapter 1 The Corporation and Its Stakeholders 7

law1541X_ch01_001-023.indd 7 12/11/15 02:22 PM

motivated employees, satisfied customers, committed suppliers, and supportive communi- ties, all good for the company’s bottom line.

The normative argument says that stakeholder management is simply the right thing to do. Corporations have great power and control vast resources; these privileges carry with them a duty toward all those affected by a corporation’s actions. Moreover, all stakehold- ers, not just owners, contribute something of value to the corporation. A skilled engineer at Microsoft who applies his or her creativity to solving a difficult programming problem has made a kind of investment in the company, even if it is not a monetary investment. Any individual or group who makes a contribution, or takes a risk, has a moral right to some claim on the corporation’s rewards.13