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

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

3. 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

4. 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

5. 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

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

7. 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

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

9. 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”?

10. 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”

11. 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

12. 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

13. 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

14. 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

15. 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

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

17. 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

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

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

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

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

22. 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?

23. 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.

24. 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.

25. 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?

26. 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.

27. 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.

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