Compliance &Ethics - Society of Corporate Compliance and Ethics

y Frank C. BucaroGray areas: When ethicsproblems are not exactlyblack or white»»Not all ethics problems fit neatly into a black-or-white category; some problems fall into a “gray area.”»»Gray area issues can provide an opportunity to deal proactively, before issues becomes a full-blown ethics problems.»»Gray area issues can help point the way to gaps in ethics education or training.»»Ethics resources for employees must be known, accessible, and consistently communicated to be effective.»»Gray area issues may not be right vs. wrong situations, but could possibly be a right vs. right situation, or even right vs. “more” right.Compliance & Ethics Professional May/June 2013BucaroEthics problems are not always transgressionsthat are either black or white.Detailed codes of conduct that are targetedat what is acceptable and what is not canmake life easier when it comes to enforcement.But what about potential ethics problemsthat land on our doorstep, but arenot covered by the code, not obviouslyblack or white, but more likegray? Situations that do not fall neatlyinto one category or the other I call“gray area” problems.The way forward with such situationsmay not be immediately clear,and can require time and effort forsatisfactory resolution. The good news isthat gray area problems can provide valuableinformation and may also help to avoid biggerproblems down the road.I came face to face with a gray area issuesome years ago, when I found myself beingsuggested as the keynote speaker for a largecorporate event by two different representativesof two different organizations. For those whodo speaking presentations, it is not uncommonto work with a variety of bureaus, meetingplanners, or talent agencies on a regular basis.In my experience, most are ethical and adhereto commonly accepted industry practices.On my end everything initially lookedgood, although a bit unusual, with two differentreps in the mix trying to pin down a speakerfor the same program. Both confirmed the samefee with my office, which was my current feefor a keynote. I would not have become awarethat something was a little off at that point,but one of the representatives called, obviouslyupset, and asked if I had allowed the other repto quote a different fee, which I had not. I wasconfused about what was going on. Bottom line,even though I had no contact with the client atthat preliminary stage, I was in the middle of amessy situation that I did not cause, and it didnot cast me in a positive light with the client.I tried to probe further about the situationwith the rep in question, but things ended unsatisfactorily.His behavior may not have seemedunethical from his perspective, but I could notsay that it was fair or in line with accepted practices.We did not work together and I am sure itcost me that booking with the client. The experiencehad a benefit however. We soon initiateda more comprehensive policy in my office tohelp avoid a similar situation in the future.74 www.corporatecompliance.org +1 952 933 4977 or 888 277 4977