The More Things Change: Ethical Leadership Standards Presenter: H. Bernard Tisdale III Ogletree Deakins JUNE 22, 2017

OVERVIEW What’s ch-ch-changing? What’s the effect on HR? What’s the effect on legal counsel? What are the ethical implications?

WHAT’S CH-CH-CHANGING? EEOC - shift in priorities NLRB – new appointments OSHA – rulemaking has stalled Affordable Care Act – repeal/replace DOL – overtime regs/minimum wage Executive Orders - numerous

EFFECT ON HR PERSONNEL More questions from employees More political discussions at work Decrease in respectful discourse Increased compliance issues “Social responsibility” is at issue Cyber-security awareness

WHAT’S THE EFFECT ON LEGAL? Knowledge of new laws expected Lack of clarity in compliance Decrease in “dignity, courtesy, civility” among counsel Corporate “wrongdoing” requiring increased time and attention

ETHICAL IMPLICATIONS? For HR: Accepting responsibility for actions Striving for competence Promoting/fostering fairness Assuring truthful communications Exhibiting leadership

ETHICAL IMPLICATIONS? For In-House/Legal Counsel: Competence in changing legal- scape Increased importance of attorney- client privilege “Reasonable diligence” includes courtesy and respect to others

KEYS TO ETHICAL BEHAVIOR IN A CHANGING LEGAL-SCAPE Commitment and dedication to: Knowledge Competence Respect toward others Effective leadership Skillful communication

OVERVIEW - ETHICS According to the Oxford Dictionary, ethics is defined as “moral principles that govern a person’s behavior or the conducting of an activity.” The biggest problem . . . What is “right”?

OVERVIEW - ETHICS Four common questions when determining the ethics of an action Child on your shoulder Front page story The “Golden Rule” The rule of “Universality”

OVERVIEW - ETHICS Ethics and what is “right” are open to interpretation Situational Ethics Cultural Relativism Professional Ethics Value Based Ethics Rule Based Ethics Fairness Based Ethics General Principals

OVERVIEW - LEADERSHIP What is “ethical leadership”? Influencing people through ethics Balancing the wellbeing of the subordinates and the wider community, and the organization’s profitability Components Internal Uniformity Proactivity Vigor

OVERVIEW - LEADERSHIP The vision and mission should be at the core of decision making Leadership and decision making should be transparent Leadership should be a shared process

OVERVIEW - LEADERSHIP Integrating Ethical Leadership Facing the complexity ethical decisions bring about Not separating ethics from other business decisions Not allowing negative interpersonal behaviors to erode trust

OVERVIEW - LEADERSHIP Integrating Ethical Leadership Seeing ethics beyond laws and regulations Not exempting subordinates from ethical expectations Celebrating positive ethical moments Understanding ethics to be a long term development

OVERVIEW - LEADERSHIP Qualities of an Ethical Leader Conscientious Inclusive Accountable Considerate Consistent Authoritative

OVERVIEW - LEADERSHIP Key Actions of an Ethical Leader Trust in the face of differing opinions Setting up proper communication and collaboration channels Striving to increase your competence Re-examining your ethical behavior and values

OVERVIEW - COMMUNICATION What is ethical communication? What is mindful communication? Putting them into practice

WHAT IS ETHICAL COMMUNCATION? The Elements: Civility Professional integrity Personal dignity Respect for the system

WHAT IS MINDFULNESS? The Elements: Intentional awareness Full attention In the present moment Without judgment or assessment

WHAT IS MINDFUL COMMUNICATION? The Elements: Truthfulness Non-disparagement Persuasiveness, not manipulation Mental clarity

HYPOTHETICAL #1 Bob just returned from medical leave, and is back to his original warehousing job. Although released to full duty, he continually complains about having to engage in lifting and carrying merchandise. His co-workers have complained about his attitude and non-cooperation. In terms of mindful and ethical communication, how do you address the issue?

WHAT ABOUT BOB? Ethical Do’s : Address the issues with Bob directly; Clearly explain the issues; Listen courteously to his “side” of the story; Move him toward compliance with policies.

WHAT ABOUT BOB? Ethical Don’ts: Encourage discussions “about” Bob; Impose discipline without discussion; Preclude explanation/input from Bob; Make employment decision w/o rationale.

HYPOTHETICAL #2 Tom Major is the workplace “bully” and everyone knows it. Recently, a co-worker reported being brought to tears with Major’s constant yelling and over-reacting. The co- worker has threatened to quit unless action is taken to reign in Major’s behavior. In terms of mindful and ethical communication, how do you address the issue?

GROUND CONTROL TO MAJOR (TOM) Ethical do’s: Investigate the accuracy of the report; Assure Tom’s familiarity with policies; Seek expert guidance if necessary after discussion with Tom; Keep information confidential, especially if mental health issues are implicated.

GROUND CONTROL TO MAJOR (TOM) Ethical Don’ts: Act without fact checking; Discipline without basis; OR (conversely) Allow policy violation to go unchecked; Play armchair psychologist; Denigrate Tom for mental health issues.

The More Things Change: Ethical Leadership Standards Presenter: H. Bernard Tisdale III Ogletree Deakins JUNE 22, 2017