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What To Do When You're Instructed to do Something Unethical

5/11/2022

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I'm taking a break from my series on resilience, grit and mental toughness to share a podcast.

I was invited by my lifelong friend, Penny Milner Smyth of Ethicalways to participate in a radio show on which she is a regular. The show is all about business ethics and corruption, which is her area of expertise.
The main idea is that following an instruction to do something unethical or illegal does not let you off the hook - you can be prosecuted in your personal capacity.

So how do you respond when you are instructed to do something unethical or illegal? 

1. Notice your physical response - you will most likely have a tightness in your neck or a feeling in the pit of your stomach that tells you that there is danger. This is not a good time to try and have a cogent conversation as these feelings are a strong indicator that your pre-frontal cortex has been disrupted and you won't be able to think clearly.

2. Buy time - or be non-commital. Ask if you can discuss this later or if you can have some time to think about it. If you don't have the presence of mind to do this, no matter. Proceed to step 3.

3. Gather your thoughts. Get some guidance and advice and formulate a response. Prepare yourself for a difficult conversation. Write the most important points down.

4. Pick a good time - make sure it is a time when you can be uninterrupted. Share that you have had difficulty sleeping since the last conversation; that this is a really difficult conversation to have; and ask that you be heard to the end. Share your concern about the instruction and especially your concern for your manager (let's assume it was your boss who gave the instruction - although it could have come from anyone who outranks you) - that this course of action will have an impact on them that they might not have thought of. Make it clear that you value working for them and that you would hate for the working relationship to be disrupted. If this doesn't work, proceed to step 5.

5. Ask them to get this done without involving you - please can you ask someone else to do it; please don't involve me. You need to find ways to increase your resistance. If this fails, proceed to step 6.
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6. Ask to have the instruction in writing, respond with your concerns in writing and then do what you must do.

This is a very difficujlt position to be in and it always carries risks. You can insulate yourself from such requests if you show yourself over the long term to be a "principled rebel". In order to establish yourself as a principled rebel, it is important that you do the following:
  • Build good relationships across your organisation, especially with people who have influence in the business - such as senior people in HR or Finance. Build relationships with your manager and your team mates and make sure that you have plenty of "relational capital". It is just not good enough to fly under the radar and mind your own business.
  • Be a consistent good contributor. Being a top performer gives you license to push back. Top performers always have more "wriggle room" than those who do no more than what is required. Their views also tend to be respected more than those of average performers.
  • Be an original thinker. Be known as someone who resists anything "dodgy". Contribute good ideas for doing things better and differently.
People who do these 3 things are far less likely to be asked to do anything untoward because they have established themselves as less corruptible than others.

Have a listen to the podcast below - it's only 20 minutes. You'll find it useful and interesting.

Call to Action
Remember that values conflicts are great topics to take into coaching, so if you find yourself in this situation, send me an email and we can talk about some coaching for you: [email protected]

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Could you (and should you) coach someone  who wants to die?

5/19/2015

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ethical dilemma, coaching, professional supervision
This question arose out of a 2015 ruling in the Pretoria High Court granting  Robin Stransham-Ford the right to commit medically assisted suicide.

Facing a Grim End
Let me paint a scenario. You have a new client who has been diagnosed with a terminal illness. What’s more, if the illness were to run its course, the end would not be pretty. She would die slowly and in pain, there is the possibility of dementia, and it would be awful for her family to witness. She wishes to think through how to end her life, as well as figuring how to “finish her business“ with her friends and family.

Values Meets Law and Professional Ethics
This is both a values based dilemma and a criminal condundrum, so your guidance is going to come from the law of the land, your personal value system and the values of the professional body to which you have aligned yourself – in my case, COMENSA. The pertinent clauses in the COMENSA Code of Ethics are to be found in Section 3 of the Code, which relates to the COMENSA values;
  • Accountability
  • Inclusivity
  • Integrity
  • Professional competence

Ethics Toolkit
The Ethics Toolkit (available to members on the COMENSA website) gives us a method of considering any ethical dilemma:

Step 1    Apply objective analysis

Once you have recognised that an ethical issue exists, gather all of the relevant information together and evaluate all of the possible options that are open to you.  You may need to bypass your personal biases during this step in order to get to a comprehensive list of options. Get all the options down and don’t censor them.

How do you feel about a terminally ill person’s right to die a dignified death rather than a horrible death by natural causes? If you are against it, could you nevertheless assist someone who desires to choose the manner and timing of her own passing? To whom are you primarily accountable? Who else?

Step 2    Consider the consequences

Consider the positive and negative consequences associated with each of your options.  Separate facts from assumptions.

  • Are your sources of information credible? How would you know that you have been told the truth? Do you need a medical opinion from your client’s medical practitioner?
  • Who are the stakeholders and who would carry the possible burdens and risks? How do they feel about the choice your client wishes to make? Does your client have the support of her family? All of them? If not, do her most trusted loved ones support her, at least?
  • Who or what could be hurt? What might your role be with them?
  • Who or what could benefit, and in what way?
  • How significant would the benefits and/or damages be? What about any reputational damage to you should your participation become common knowledge.
  • What are the implications over time?
  • How do you feel now, and how might you feel after the deed has been done?
  • It remains illegal to help someone to die. Are you prepared to put yourself at risk of criminal prosecution, or not? If not, might you refer to another coach?
  • Do any of the options mean discarding ethical principles?

Step 3    Decide on the most appropriate course of action

Consider the following as you analyse and decide.
  • How would the action measure up to your moral principles and values?
  • What would the impact of your actions be on the greater good of your social, professional and ecological environment?
  • If you rank your values, how can they be used as a measure to promote or subordinate your options?
  • Will your actions involve treating others as you would expect to be treated?
  • Would you be comfortable if your actions were a matter of public knowledge?

It is possible that you have considered the questions above on your own. However, at this stage you should discuss the dilemma and your thinking with your Coach Supervisor. This is not to be taken lightly, after all.

Step 4    Implement your decision and act with commitment

Once you have decided on the course of action that would maximise the benefits and minimise the damage, develop and follow a plan with your client, taking full responsibility for your decision.  Ensure that you are able to justify your choice and that you are comfortable with your reasoning. This will require a particularly high level of care in contracting with this client.

Step 5    Monitor, evaluate and modify

Monitor the effect of your decision, remain open for new information and evidence that may come forward and, if necessary, be prepared to revise your choice or take alternative action in the light of new knowledge.

Step 6    Learn from the experience

This is another step in the process that might be best done in supervision. What would you do differently if such a dilemma presented itself again in the future? Ensure that all the facts of the matter and the resultant decisions are recorded as a case study for future reference.

As coaches, we never know what our clients may need help with. My view is that it is our job to enable clients to live their best life – and, if needs be, their best death. But that’s me. What about you?

References:

The COMENSA Code of Ethics  

The COMENSA Ethics Toolkit for Coaches and Mentors

Contact me
If you are a coach and this topic is something you need to think about, email me at [email protected] and let's set up some professional Supervision time.
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