This paper assesses employees’ moral agency within corporate capitalism from a politically liberal standpoint. While political liberalism has spelt out its key institutional implications at state level, it has neglected moral agency at work, assuming that a rights-based state that secures freedom of contract, free choice of occupation and a free labour market within a fair context would protect it sufficiently. Yet two features of corporate capitalism constrain employees’ moral agency: the relation of authority that forms part of the work (...) contract and organisations’ fragmented decision-making processes. Both seem at odds with the liberal ideal of allowing people to live by their own conception of the good. Consequently, this paper examines whether political liberalism should recommend greater safeguards for protecting workers’ moral agency. It proposes a criterion for assessing corporate capitalism: the ‘moral space’ defined as the socially shaped opportunities for action that can be enacted or endorsed from a comprehensive perspective. It argues that liberals should favour arrangements that widen workers’ moral space and suggests institutional designs that may achieve this while remaining within liberal boundaries. (shrink)

In the human quest for meaning, work occupies a central position. Most adults spend the majority of their waking hours at work, which often serves as a primary source of purpose, belongingness, and identity. In light of these benefits to employees and their organizations, organizational scholars are increasingly interested in understanding the factors that contribute to meaningful work, such as the design of jobs, interpersonal relationships, and organizational missions and cultures. In a separate line of inquiry, scholars of business ethics (...) have examined meaningful work as a moral issue concerning the management of others and ourselves, exploring whether there are definable characteristics of meaningful work to which we have moral rights, and whether there are moral duties to ourselves and others to fulfill those rights. In this article, we examine contemporary developments in both disciplines about the nature, causes, and consequences of meaningful work; we explore linkages between these disciplines; and we offer conclusions and research opportunities regarding the interface of ethical and organizational perspectives on performing and providing meaningful work. (shrink)

The African philosophy of Ubuntu is typically characterised as a communitarian philosophy that emphasises virtues such as compassion, tolerance and harmony. In recent years there has been growing interest in this philosophy, and in how it can be applied to a variety of disciplines and issues. Several authors have provided useful introductions of Ubuntu in the field of business ethics and suggested theoretical ways in which it could be applied. The purpose of this paper is to extend this discussion by (...) providing a more critical analysis of Ubuntu and business ethics with the aim of clarifying the role that Ubuntu can play, and providing guidance for further research in this area. The analysis consists of three sections. In the first, certain problems are identified within the existing literature. This is followed by a consideration of alternative perspectives and interpretations of Ubuntu. The last section, following from the first two, identifies specific areas requiring further research, both empirical and non-empirical, as well as ways in which Ubuntu could be fruitfully applied. (shrink)

ABSTRACT:This article deploys Alasdair MacIntyre’s Aristotelian virtue ethics, in which meaningfulness is understood to supervene on human functioning, to bring empirical and ethical accounts of meaningful work into dialogue. Whereas empirical accounts have presented the experience of meaningful work either in terms of agents’ orientation to work or as intrinsic to certain types of work, ethical accounts have largely assumed the latter formulation and subjected it to considerations of distributive justice. This article critiques both the empirical and ethical literatures from (...) the standpoint of MacIntyre’s account of the relationship between the development of virtuous dispositions and participation in work that is productive of goods internal to practices. This reframing suggests new directions for empirical and ethical enquiries. (shrink)

ABSTRACT:Must even Confucian rights skeptics—those who are, on account of their Confucian beliefs, skeptical of the existence of human rights, and believe that asserting or recognizing rights is morally wrong—concede that in the workplace, they are morally obligated to recognize rights? Alan Strudler has recently argued that such is the case. In this article, I argue that because Confucian rights skeptics locate wrongness in inconsistency with the idea of “Confucian community,” Confucian community should be viewed as a moral ideal. I (...) then argue that Confucian rights skeptics ought to act in a manner that is consistent with this ideal, even when the ideal has not yet been realized, just as Kantians ought to act consistently with the Kantian kingdom of ends ideal. Accordingly, contrary to Strudler, I argue that Confucian rights skeptics need not concede that they are morally obligated to recognize rights in the workplace. This conclusion suggests the need for inquiry into the metaphysical foundations of these conflicting views. However, such inquiry is commonly thought to lie beyond the scope of philosophical business ethics proper. I conclude the article by suggesting a number of reasons for business ethicists to consider rejecting the prevalent narrow conception of the scope of the discipline.In this discussion I explore challenges to a particular Confucian system of morality that generally eschews reliance on rights. I argue that such a system may at the same time both assert that there are moral problems with rights and assert that it is acceptable to invoke rights in limited contexts. Adam Bailey has objected that the position I defend is inconsistent. I answer Bailey’s objections. (shrink)

Must even Confucian rights skeptics—those who are, on account of their Confucian beliefs, skeptical of the existence of human rights, and believe that asserting or recognizing rights is morally wrong—concede that in the workplace, they are morally obligated to recognize rights? Alan Strudler has recently argued that such is the case. In this article, I argue that because Confucian rights skeptics locate wrongness in inconsistency with the idea of “Confucian community,” Confucian community should be viewed as a moral ideal. I (...) then argue that Confucian rights skeptics ought to act in a manner that is consistent with this ideal, even when the ideal has not yet been realized, just as Kantians ought to act consistently with the Kantian kingdom of ends ideal. Accordingly, contrary to Strudler, I argue that Confucian rights skeptics need not concede that they are morally obligated to recognize rights in the workplace. This conclusion suggests the need for inquiry into the metaphysical foundations of these conflicting views. However, such inquiry is commonly thought to lie beyond the scope of philosophical business ethics proper. I conclude the article by suggesting a number of reasons for business ethicists to consider rejecting the prevalent narrow conception of the scope of the discipline. (shrink)

The freedom (or its lack) of employees within large corporations has been the topic of considerable attention. Various discussions have invoked utilitarian appeals, social contract arguments, rights to meaningful jobs and analogies between corporations and state government. After briefly reviewing and rejecting these approaches, this paper contends that the legitimate exercise of corporate authority requires its accountability to a relevant group. It is then argued that the rnost relevant group are the employees over whom such power is exercised and that (...) the form such accountability must take is that of recognizing the right of employees to participate in corporate decisions and actions. Recognition of this right to participation, it is contended, constitutes respect for the freedom of corporate employees. (shrink)

Abstract:A complex organization is in effect a commons, which supervisory techniques cannot preserve from free riding. A corporate culture strong enough to create the requisite community-minded second-order desires and beliefs may be morally illegitimate. What morality requires is not local enforcement of foundational moral principles—a futile undertaking—but that the organization be a good community in that it permits the disaffected to exit, encourages reflective consideration of morality and the good life, and creates appropriate loyalty.

The United States is distinctive among advanced economies in that its employment laws and practices are governed byEmployment at Will (EAW). Most other nations have variations on Just Cause dismissal rules. I argue that the U.S. preference for EAW is unsupported by concerns about net social or economic consequences. More centrally, I argue that the basic moral commitments that underlie the U.S. system of private property and freedom of contract are commitments that lend support to Just Cause over EAW.

Abstract:In recent years, many business ethicists have raised problems with the “ethics pays” credo. Despite these problems, many continue to hold it. I argue that support for the credo leads business ethicists away from a potentially fruitful approach found in Hume’s moral philosophy. I begin by demonstrating that attempts to support the credo fail because proponents are trying to provide an answer to the “Why be moral?” question that is based on rational self-interest. Then, I show that Hume’s sentiments-based moral (...) theory provides an alternative to the credo that points toward a more fruitful approach to business ethics. Along the way, I examine a recent social contract alternative to the credo that, despite many appealing features, is less effective than is the Humean alternative. Finally, I develop a Humean approach to business ethics and demonstrate why it is a desirable alternative that business ethicists should explore. (shrink)

This essay provides an overview of business ethics. I describe important issues, identify some of the normative considerations animating them, and offer a roadmap of references for those wishing to learn more. I focus on issues in normative business ethics, but discuss briefly the growing body of work in descriptive business ethics. I conclude with a comment on the changing nature of the field.

This article argues that the moral right to be discharged only for good cause and like rights can be contracted away by employees in appropriate circumstances. It maintains that the rights in question are not inalienable, and that there is nothing irrational about an employee''s wishing to deal them away. It also maintains that inequalities in bargaining power between employers and employees are insufficiently pervasive to justify a flat ban on the alienation of these rights. For a waiver of such (...) rights to be valid, however, employees must have full knowledge of its terms.The question addressed here bears on several legal and policy issues affecting termination of the employment relation. If employees can contract away their right to a goodcause discharge, the American doctrine of employment at willmight find justification in the face of that right. In addition, the alienability of such discharge rights may be necessary to justify express disclaimers of wrongful discharge liability and the waiver provision of the new U.S. Draft Uniform Employment-Termination Act. (shrink)

Does a pharmacist have a right to refuse to fill certain prescriptions? In this paper, I examine cases in which an employee might refuse to do something that is part of his or her job description. I will argue that in some of these cases, an employee does have a right of refusal and in other cases an employee does not. In those cases where the employee does not have a right of refusal, I argue that the refusals (if repeated) (...) are just cause for termination of employment. I argue that there are moral principles that support the different outcomes in the cases under consideration. I turn to pharmacy cases at the end of the paper and argue that they are analogous to cases where an employee does not have a right of refusal and thus fall under the principle that refusing to fill birth control prescriptions constitutes just cause for termination. (shrink)

Does a pharmacist have a right to refuse to fill certain prescriptions? In this paper, I examine cases in which an employee might refuse to do something that is part of his or her job description. I will argue that in some of these cases, an employee does have a right of refusal and in other cases an employee does not. In those cases where the employee does not have a right of refusal, I argue that the refusals are just (...) cause for termination of employment. I argue that there are moral principles that support the different outcomes in the cases under consideration. I turn to pharmacy cases at the end of the paper and argue that they are analogous to cases where an employee does not have a right of refusal and thus fall under the principle that refusing to fill birth control prescriptions constitutes just cause for termination. (shrink)

In 1987, Machan provided a libertarian case against the right to occupational safety. Since before Machan’s essay appeared, many business ethicists and legal scholars have given considerable attention to the overall position Machan endorses: the acceptance of employment at will and the rejection of employee rights. No one yet has given adequate attention, however, to the fact that Machan’s argument against the right to occupational safety actually stands or falls independently of his overall position on employee rights. His argument ultimately (...) rests on two values: the promotion of employee interests and anti-paternalism. Insofar as those who support the right to occupational safety share those values, they must find a strategy for opposing Machan’s argument that preserves those values. In this paper, I demonstrate why Machan’s argument ultimately rests on the promotion of employee interests and anti-paternalism. Then, I develop an objection to Machan’s argument that preserves those values. (shrink)

Business ethicists have written much about ethical issues in employment. Except for a handful of articles on the very high pay of chief executive officers and the very low pay of workers in overseas sweatshops, however, little has been written about the ethics of compensation. This is prima facie strange. Workers care about their pay, and they think about it in normative terms. This article's purpose is to consider whether business ethicists' neglect of the normative aspects of compensation is justified. (...) I examine several possible justifications for neglecting compensation and show that they fail. What remains is a case for thinking that it is worthy of normative analysis. (shrink)

Research on meaningful work has not embraced a shared definition of what it is, in part because many researchers and laypersons agree that it means different things to different people. However, subjective and social accounts of meaningful work have limited practical value to help people pursue it and to help scholars study it. The account of meaningful work advanced in this paper is inherently normative. It recognizes the relevance of subjective experience and social agreement to appraisals of meaningfulness but considers (...) them conceptually incomplete and practically limited. According to this normative account, meaningful work should be meaningful to oneself and to others and is also meaningful independent of them. It sets forth grounds for evaluating some work to be more meaningful than other work, asserting the possibility that one could be mistaken about the meaningfulness of one’s work. While it thus proscribes some claims to meaningful work, it also opens up potential new avenues of inquiry into, among other things, self-aggrandizing and harmful work that is experienced as meaningful, morally valuable work that is not experienced as meaningful, and the distinction between experienced and normative meaningfulness. (shrink)

Bullying is a serious problem in today’s workplace, in that, a large percentage of employees have either been bullied or knows someone who has. There are a variety of ethical concerns dealing with bullying—that is, courses of action to manage the bullying contain serious ethical/legal concerns. The inadequacies of legal protections for bullying in the U.S. workplace also compound the approaches available to deal ethically with bullying. While Schumann (2001, Human Resource Management Review 11, 93–111) does not explicitly examine bullying, (...) the five moral principles that he advocates can be applied to judge the ethics of bullying in the workplace. A possible limitation of this model is that, it is designed to be normative (judgmental), and while it does take into consideration the relationships among the victim, the perpetrator, the groups in the organization, and the organization itself in judging the ethics of bullying, it does not explicitly consider the process by which bullying might develop and persist. In order to gain a deeper understanding of the dynamics of this process, Nijhof and Rietdijk (1999, Journal of Business Ethics 20(1), 39–50)) suggest applying an A–B–C (antecedents, behaviors, and consequences) model to help understand the dynamics of bullying in the workplace. Formal propositions are offered to guide both academics and practitioners to an enriched understanding of the ethics of workplace bullying. (shrink)

ABSTRACT:There is considerable overlap between the interests of business ethicists and those of political philosophers. Questions about the moral justifiability of the capitalist system, the basis of property rights, and the problem of inequality in the distribution of income have been of central importance in both fields. However, political philosophers have developed, especially over the past four decades, a set of tools and concepts for addressing these questions that are in many ways quite distinctive. Most business ethicists, on the other (...) hand, consider their field to be primarily a domain of applied ethics, and so adopt methods and conceptual frameworks developed by moral philosophers. In this paper, we discuss some of the salient differences between these two approaches, and suggest some ways in which business ethicists could benefit from taking a more “political philosophy” approach to these questions. Throughout, we underline the importance of seeking greater compatibility among the principles used in normative theorizing about markets, regulations, corporate governance, and business practices. (shrink)

A question facing nearly all private firms is whether they may keep employee pay secret. Many think it is obvious that firms are obligated to disclose a good deal of pay information once we properly appreciate the severity of pay discrimination in our economy and the autonomy-related interests that would be served by pay disclosure. This article puts forth a dissenting voice against the vast majority of recent commentary. It exploits a fissure between reasons we have to support certain coercive (...) regulations and reasons firms have to act in the absence of such regulation. While acknowledging that we may need transparency regulations for firms that fail to act morally, it argues that otherwise moral firms need not disclose pay on the surveyed grounds. (shrink)

Production in sweatshops entails an elevated risk of occupational injury and sickness due to accidents and exposure to dangerous working conditions. As most sweatshop locations lack basic social security systems, health problems have severe consequences for affected workers. Against this background, this article considers what obligations employers of sweatshop labor have to their workers, and how they should meet them. Based on core libertarian concepts, it shows that they are morally responsible for health problems caused by their management decisions, that (...) they should compensate affected workers, and that they must prevent potentially irreversible health problems. In line with Nozick’s contractarian method, the article further argues that these obligations should be implemented through a compulsory employment injury insurance system. Such a system would impose industry-wide health and safety standards, in contrast to the view that libertarianism excludes any labor regulation for the protection of workers, as an illegitimate interference in voluntary labor contracts. (shrink)

How might good work – skilled, autonomous work which affords workers opportunities for meaningful social cooperation in decent conditions – be made available to all? I evaluate five commonly advanced strategies: an unregulated labor market, egalitarian redistribution of resources, state regulation, collective bargaining, and workplace democracy. Each, I argue, has significant limitations. An unregulated labor market ignores workers' unduly weak bargaining power vis-à-vis employers. Egalitarian redistribution alone fails to solve this problem due to distinctive and endemic imperfections of labor markets. (...) Direct state regulation is insufficiently context-sensitive and insufficiently dynamic in the face of technological and other developments. Collective bargaining gives workers only indirect and sometimes costly influence over their working conditions. And workplace democracy leaves workers vulnerable to collective action problems induced by competition between firms. I argue, however, that these strategies can be complemented in a promising way by ‘syndicalist economic democracy’: direct worker participation in the government of the economy, largely specific to particular occupations or economic sectors but above the level of the individual workplace. (shrink)

This study analyzes the at-will employment doctrine using a tool that encompasses the complementarity of results-based utilitarian ethics, rule-based duty ethics, and virtue-based character ethics. The paper begins with a discussion of the importance of the problem followed by its evolution and current status. After describing the method of analysis, the central section evaluates the employment at-will doctrine, and is informed by Lord Acton's dictum, "power tends to corrupt, and absolute power corrupts absolutely." The conclusion explores the implications of the (...) findings. (shrink)

Employment-at-will (EAW) is the legal presumption that employers and employees may terminate an employment relationship for any or no reason. Defenders of EAW have argued that it promotes autonomy and efficiency. Critics have argued that it allows for the domination, subordination, and arbitrary treatment of employees. We intervene in this debate by arguing that the case for EAW is contextual in a way that existing business ethics scholarship has not considered. In particular, we argue that the justifiability of EAW for (...) a given jurisdiction depends on existing complementarities among the institutions that constitute the jurisdiction’s political economy. Notably, our view takes seriously the ethical concerns EAW critics have raised by showing how these concerns can be mitigated through public policy measures that do not require eliminating EAW. (shrink)

Why do organizations conduct job interviews? The traditional view of interviewing holds that interviews are conducted, despite their steep costs, to predict a candidate’s future performance and fit. This view faces a twofold threat: the behavioral and algorithmic threats. Specifically, an overwhelming body of behavioral research suggests that we are bad at predicting performance and fit; furthermore, algorithms are already better than us at making these predictions in various domains. If the traditional view captures the whole story, then interviews seem (...) to be a costly, archaic human resources procedure sustained by managerial overconfidence. However, building on T. M. Scanlon’s work, we offer the value of choice theory of interviewing and argue that interviews can be vindicated once we recognize that they generate commonly overlooked kinds of noninstrumental value. On our view, interviews should thus not be entirely replaced by algorithms, however sophisticated algorithms ultimately become at predicting performance and fit. (shrink)

When an employee’s off-duty conduct generates mass social media outrage, managers commonly respond by firing the employee. This, I argue, can be a mistake. The thesis I defend is the following: the fact that a firing would occur in a mass social media outrage context brought about by the employee’s off-duty conduct generates a strong ethical reason weighing against the act. In particular, it contributes to the firing constituting an inappropriate act of blame. Scholars who caution against firing an employee (...) for off-duty conduct have thus far focused primarily on due process related issues or legal concerns pertaining to free speech, lifestyle discrimination, and employment at-will. However, these concerns amount to only a partial, and contingent, diagnosis of what is at issue. I argue that even when due process considerations are met, firings in these contexts can be unjustified. Moreover, even if a business is not concerned with the unethical conduct per se, but is rather strictly concerned with PR, the argument I advance nevertheless provides one important ethical reason that counts against firings in mass social media outrage contexts. Given that managers are often under significant pressure to respond swiftly in cases where an employee is at the center of mass social media outrage, it is especially important that scholars begin to clarify the normative issues. This article builds on the burgeoning philosophical literature on the ethics of blame and provides a novel account of a distinctive ethical concern that arises with firings in mass social media outrage contexts. (shrink)

Human capital, the knowledge, skills, and abilities of employees, can be a powerful driver of firm performance, yet the mobility of human capital raises questions over how to protect it. Employee non-compete agreements, which limit an employee’s ability to start or join a rival firm, have received recent attention. While past research considers whether non-competes are effective tools at limiting employee mobility, few have considered if non-competes should be used. Filling this gap, I propose a normative schema for when employee (...) non-competes can be considered ethical. A review of the limited existing literature on the ethics of employee non-competes finds that prior research has mostly focused on questions of property rights, which I propose as being nested within other ethical constructs. Analysis of two real-world illustrative examples of employee non-competes leads to a three-prong approach to evaluating non-competes based on ethical dimensions of power, autonomy, and fairness. I end by proposing—although further research is warranted—a measure of employee-level absorptive capacity, which is closely coupled with an employee’s pre-employment human capital, as an employee-level attribute independent of, although likely coincidental with, the tripartite requirements of power/autonomy/fairness for ethical employee non-compete agreements. (shrink)

This article provides an overview of the field of business ethics.