Applied Ethics Case of the Month
(Case 1031)
Lawrence, the managing principal of NorthLink Consultants, is pleased at his firm's new information technology (IT) capabilities. Knowing that effective use of IT offers a strategic competitive advantage in the marketplace, Lawrence observes an increase in cooperation on projects and the office is using much less paper for memos and policy directives. The company web site is growing as staff, engineers and clients contribute to the site.
Lawrence, however, worries that several employees are spending an excessive amount of time on email. He suspects that much of this email activity is directed at family and friends on the Internet and outside the firm. He had reminded the employees of NorthLink’s policy which states that email is for company business and emails are considered part of the firm’s property.
Still, Lawrence feels that there is way too much time when employees are emailing in inappropriate ways. He approaches his systems engineer, Gwen, with a question. Since all the computers are connected on the computer network, could she access the employees’ email files on their PCs? Gwen replies that such an examination of the files on the PC workstations is possible. Her own feelings, however, are that such an attempt to "reach out and touch" the users’ PCs would be a breach of trust. In fact, some employees might be so offended with this intrusion of privacy that they would leave the firm.
Lawrence responds that company policy clearly informs employees that the email files are the property of the firm. They should understand that it is part of his supervisory responsibility to see that they use the email properly. Gwen argues that employees might well use the email to talk about issues that they do not want management to see. These may be legitimate company issues, but are not meant to be shared with the management. Adamant in his resolve, Lawrence states (as he walks out of Gwen’s office) that, by tomorrow evening, he expects to be able to access all of the email files on each of the PCs.
Gwen is very disturbed. This policy will open up communications she feels should be regarded as private except when some formal legal decision requires them to be opened. However, since it is her job she knows she cannot refuse to perform a technical change in the system, and she feels she must allow Lawrence access by tomorrow evening.
What should Gwen do?
NOTE:
This case is based on “Reach Out and Touch Someone” by the Public Administration at the University of Arkansas, and is used with permission.
By going to the Voting Form, you may vote for the approach(es) you feel to be most appropriate, or transmit your own approach to the case, pertinent comments or observations.
Alternate Approaches
1. Comply, willingly. Gwen should do what she is told. NorthLink employees are using company equipment to make personal email transmittals and doing so on company time, despite having been informed that doing so is against company policy. They have no reason to complain, nor should Gwen complain or feel uncomfortable about following her supervisor’s orders.
2. Comply, reluctantly. Gwen should stifle her conscience and abide by Lawrence’s request. She does not have the responsibility for strategic vision, running the company, or any other business decision, and should not insert herself into that process. Lawrence is in charge of this section and responsible for implementing company policy as it pertains to IT activities. Times are tough and she needs the job. After all, Gwen is not the one spending company time on private business.
3. Refuse, flatly. Gwen should refuse to access the email files for Lawrence in the manner he has requested on the basis that his action is unethical. Further, she should inform Lawrence that she is prepared to resign if he forces the issue.
4. Refuse, conditionally. Gwen should refuse to access the email files for Lawrence in the manner he has requested on the basis that his action may not be legal. Further, she should inform Lawrence that she will not access the files without express written approval from the human resources department, the employee union, and the firm's legal department.
5. Analyze, carefully. Since she has access to the employee email files, Gwen should offer to do a confidential analysis for Lawrence of the email files to determine the apparent volume of personal messages, as well as which employees seem to be using the system the most for personal emails, but she will not review the nature or content of any of the messages.
6. Document, clearly. Gwen should help Lawrence put together a brief agreement form for each employee to read and sign that reiterates the company’s policy regarding the use of its equipment and time for personal email communications, and which clearly states that the employee agrees that the company has the right to review employee email communications on a random, unannounced basis, for compliance with the policy.
7. Monitor, quietly. Gwen should propose an option to Lawrence that instead of trying to read the emails, she can install a clandestine tracking system that keeps a daily log of internal and external email volume (sent and received) by individuals. This system will provide weekly reports of email activity to Lawrence, which he can use to manage IT resources and activities.
8. Monitor, openly. Gwen, as administrator, should suggest that she monitor the email of those employees who are putting the most strain on the email system and, if the email is not related to company business, counsel them privately to cut it out or risk the loss of their job. Prior to setting her on this course of action, Lawrence should announce to the staff that, in accordance with the Company Policy, email will be read and individuals engaging in email correspondence unrelated to Company business will be subject to the written corrective action policy (counseling, warning, formal reprimand, suspension, termination). All discipline above counseling would be performed by Lawrence and/or his partners.
9. Inform, quickly. Gwen should quietly inform all employees of Lawrence's abrupt decision, immediately, and suggest that individuals clean out their email files so as to not face Lawrence's ire. She should note the date and time of Lawrence's remarks to her, and, for her own file only, reasons for her opposition.
10.Download, surreptitiously. Gwen should realize that this is the perfect opportunity to see how the firm’s partners, including Lawrence, spend their email times. After making sure that her own email box is clean as a whistle, she should make a copy of each manager’s inbox for perusal later, since you never know when this type of information might come in handy.
By going to the Voting Form, you may vote for the approach(es) you feel to be most appropriate, or transmit your own approach to the case, pertinent comments or observations.