Whistleblowing and Sarbanes-Oxley

Key characteristics of a whistleblower
The verb whistle-blowing refers to revealing the hidden actions of another individual or groups of people (mostly executives) of a company for wrong actions they perpetrate in the dark. A whistleblower is thus any person who exposes any information regarding illegal activity dishonesty, or correct activities within an organization. In many cases, whistleblowers are employees or ex-employee of a company (Green, 2004).. Among the essential characteristics of whistleblowers is that they are altruistically motivated. They do their actions to expose the truth so that a person suffering unfairly may get saved. Secondly, they are utilitarian. They serve to be useful rather than attractive. Thirdly, they are not interested in altering their behavior. They do what they do because they believe it’s the appropriate course. They, therefore, allow their attitudes and beliefs to drive them. In many cases, whistleblowers are well educated as only people with such wisdom can manage what they do. They are also aware that what they do is prone to danger and severe retaliation (Green, 2004).

Instance of whistleblowing
On the 11th of March 2016, two former students of Bard College revealed that the college officials were violating the False Claims Act that regards the federal grants and that which stipulates the use of Title IV student aid funds. These two whistleblowers had researched and found that Bard has for long received funds through the Teacher Quality Partnership Grant Program though they the college has not yet complied with the conditions of such grant. Bard was also allegedly reported to be awarding, disbursing and receiving Title IV student loan funds at campus locations though such were not yet recognized. They also did so without providing notice of the locations to the Department of Education. Such actions showed an infringement of applicable regulations and agreement with the Department of Education. The case is still not solved and until the Court decides the fate of the culprits, the effect of the whistle-blowing to the whistleblower and the institution’s heads may not be determined. However, the prospective effects might be the jailing or fining of the Bard College heads. More so, the court might decide to demote them. The whistleblower might face threats from those persons that they exposed (Newman 2016).

Justification of the whistleblowers’ reporting

In any case, the actions of the whistleblowers were justified. Any publically traded company or any government institution represents is there to serve the people rather than inflict pain or take the public’s money without their consent. The government takes a lot of taxes from the public which it uses to pay for the services of workers of public institutions. It is thus wrong for these few individuals to grab or siphon the money once more from the public funds. As a matter of facts, it’s only the whistleblowers who might find out such actions as perpetrators do it hidden. Their actions were thus justified as they saved the public from continued fraudulence (Green, 2004).

Extent to which the whistleblower would be protected under the Sarbanes-Oxley Act

The Sarbanes-Oxley Act of 2002 was developed and passed by the U.S. Congress to guard shareholders as well as the general public from such things like accounting errors and fraudulent practices. It was also aimed at improving the accuracy of commercial disclosures (Green, 2004). Section 806 of the Sarbanes-Oxley Act would protect the whistleblowers against harm by the Bard’s heads for providing information about financial fraud. However, the two had to show that an actual violation occurred. It would then protect them against retaliatory actions such as threats or discrimination.

Wireless and Mobile Technologies

Study Case
Various companies around the world have known the need to move with the speed at which the technology is moving. They seem to have realized that company’s growth does not is not largely reflected on the size but the speed of service delivery. No industry has known this more than the airline industry around the world and most the United States airline industry. Delta is leading the way in the implementation of wireless and mobile technologies in a bid to leverage on the services they provide to their customers. The implementation of the modern technologies and mostly the wireless and mobile technologies has seen Delta being ranked among the best airline companies in the world.

Study Questions
Question 1
a) Wireless technologies are among the modern technological inventions. Wireless technologies involve the transmission of data and information from one place to another without the help of wires, cables or any forms of the electrical conductor. The distance of transmission can be anywhere between few meters (Television remote control) and several thousand miles (Radio communication). Wireless technologies use devices such as cordless telephones, GPS units, wireless computers, mobiles, and satellite television among others (Hayden et al., 2001).

b) Mobile technology is the exact dictation of the name. Mobile technology is the form of technology that is portable. It is a reference to any device and gadget that can be carried and help to perform various tasks. The technology allows the user to perform the tasks via cell phones, laptops, and PDA among others (Hayden et al., 2001).

c) Importance of wireless and mobile technologies

Wireless and mobile technologies enable professionals to work and have a functional access to the Internet from anywhere and at any time without the need to carry cables and wires wherever they move. Additionally, it helps to complete the work from anywhere and on time thereby increasing productivity.
Wireless and mobile technologies enable doctors, professionals and other workers working from the remote areas to be in touch with the medical centers and officers through mobile wireless communications.
Wireless and mobile technologies help to alert urgent situation. The affected areas can obtain help and support using the two technologies (Fette, 2008)
Question 2

Delta is one of the high-tech airline companies in the United States. The airline company has implemented several wireless and mobile technologies such as Wi-Fi, mobile apps such as Fly Delta App, Delta Ticket Counter, and Delta Away We Go App. It has also implemented some business functionalities within social media such as the Facebook and Twitter. One of the essential metrics for the airline industry is the level of technology. The metric enables investors to compare levels of efficiency at a particular airline. It represents the likelihood of growth in the future and how much operating revenue such an airline company generates. The implementation of wireless and mobile technologies has improved its efficiency. Delta is ranked as the most efficient airline for customer services which has been enabled by the technologies (Delta Staff Writer, 2012).

Question 3
People have grown to be accustomed to seeing improvements in their experiences with goods and services they buy. Airline companies provide transport services to their customers. Delta is among the companies. Forbes Magazine has recently listed the company as one of the customer friendly company. Furthermore, it is efficient in the way it serves the people. However, the improvements have come due to the implementation of various organizational systems, wireless technologies, and mobile technologies. All the improvements have been necessitated by the growing competition if the industry and the need to increase revenue. The company implements most of its technologies according to the trend and needs in the industry. All the technologies the company has implemented recently have been necessitated by the need to move with the speed at which the technology and the world are moving. Additionally, the company evaluates the available technologies before deciding the most suitable and one which will bring the desired changes in the company (Delta Staff Writer, 2012).

The level of efficiency of the implementations has catapulted the company to great heights. The company’s listing as one of the most airlines has not come due to anything else other than the efficiency of the service due to its customers. The efficiency has been made possible by the various organizational systems, wireless technologies, and mobile technologies. The company has beaten several companies that have lagged behind in such technological implementations and deployment (Delta Staff Writer, 2012).

Question 4
Delta Airlines is one of the airline companies using their mobile and wireless technologies most strategically. The company could be the most strategic in the application of the mobile and wireless technologies. The above is true due to the various technologies it has implemented to serve the customers in the best way. Some of the technologies are the Wi-Fi in all its carrier airplanes. Wi-Fi is a wireless technology, and no other company has implemented. It is likely that most of the companies which will implement the technology later will borrow from Delta. The company has also developed various mobile applications such as Fly Delta App, which provides e-Boarding check-in options in more than eighty cities where the Delta operates around the world. Delta’s Ticket Counter is also one of the applications that enable booking through the Facebook without having to navigate to the company’s website. The company also has an innovative tool like the Delta Away We Go, which allows the customers share and plans their traveling experience with friends and families. Delta beats most of its competitors due to such technological implementations. The company would not have probably beaten other airline companies if they had such implementations. The fact that it has emerged top is an indication that most of its competitors are lagging behind in implementation, or their implementations are not strategic (Delta Staff Writer, 2012).

Question 5
The success of the business depends on its speed of goods and services delivery as opposed to its vastness. Businesses rely on the quick exchange of information. Wrong data and information lead to delays and eventual suffering of service and productivity. Mobile and wireless technologies have become essential for getting accurate and real-time information wherever and whenever it is needed. However, such technologies cannot function without support. Therefore, they require enterprise technologies to leverage the technologies. Some of the technologies are LAN. LAN enables the companies to track and connect their workforces using the Voice over IP (VoIP). Additionally, Delta has been using Facebook as an enterprise system. It does so by the use of Delta Ticket Counter which allows customers to book travel through the Facebook. Other enterprise systems are the company’s website and various mobile phones on which the applications will be installed (Delta Staff Writer, 2012).

Ethics and Corporate Responsibility in the Workplace and the World

1: Describe the key characteristics of a stakeholder and determine all the stakeholders within the PharmaCARE scenario.

Stakeholders of a typical organization might include employees, customers, investors, suppliers, and managers (Phillips, 2003). There are several characteristics of a stakeholder of a company, among which include the following. First is that a stakeholder characteristic of a stakeholder is that he/she in one way or the other funds the organization through investing in it. He/she is thus affected by the outcomes or results of the company’s progress or the success or failures of the organization’s projects. Another key characteristic of a stakeholder is that he/she is in the company’s chain of accountability. Decisions made by the company’s officials may affect them directly or indirectly (Phillips, 2003). He/she is also responsible for the company’s good name. He/she is thus responsible for maintaining the company’s good reputation. Among the stakeholders of the PharmaCARE are the CEO, rest of the PharmaCARE’s executives and its Shareholders/stockholders of the enterprise. Others include the healers of the company in Colberia, the Colberians that work for PharmaCARE, the state government of New Jersey, the US Federal government and the communities affected by the lobbying of PharmaCARE.

The following is a justification of why some of the agencies or groups are considered stakeholders of PharmaCARE. One example is the state government in New Jersey. This is a stakeholder since its interested with PharmaCARE describing the state laws are regulations that PharmaCARE is required to comply with, e.g. paying taxes. Similarly, the federal government relates in the same way with PharmaCARE.The healers in Colberia can be considered close stakeholders with PharmaCARE since the facility obtains local remedies from them and possibly markets them. PharmaCARE has also been involved actively in lobbying against many environmental laws. This action has in many ways adversely affected the environment of the United States. It is from this perspective that every citizen of the United States and the federal government of the US become stakeholders of PharmaCARE (Phillips, 2003).

Q2: Analyze the human rights issues presented by PharmaCARE’s treatment of the Colberia’s indigenous population versus that of its executives. Recommend at least three (3) changes PharmaCARE can make to be more ethical going forward.

Various human rights issues arise as regards the running of corporations in the world. It has been determined that many corporations today are expanding their business enterprises. However, they are doing so by erecting branches at less regulated poorer countries where they have the power and audacity of violating human rights in many ways such as polluting the environment through harmful emissions and cutting down trees (Ingulli, 2010). To aggravate the situation, they do so with the cooperation of that countries government, by bribing the top officials. In any case, these corporations’ branches are set up businesses places where the local indigenous people are poor and living in less than standard conditions. The corporations will thus earn labor from less resistance indigenous people who they pay meager wages, another violation of human rights.

An assessment of PharmaCARE case shows prudently that the human rights of the people of Colberia’s have been violated, as regards the United Nations stipulation. This UN disclaimer applied, in this case, says that Transnational Corporations, as well as business Enterprises, have a general obligation to the indigenous people of Colberia. Along with it is the right to equal opportunity and non-discriminatory treatment of the local people (Brenker, 2010). In black and white, it’s evident that PharmaCARE has exploited the people of Colberia in the bid to further its own agenda. For instance, they have taken advantage of the local healers who have been lured into sharing their knowledge about indigenous cures just for free. In another dimension, the workers are reported to be paid meager wages ($1 per day), which make them live in substandard conditions as compared to PharmCARE staff who live lavishly at the expense of local people. These poor people reside in huts which have neither electricity nor clean water. Conversely, their ‘employers’ the executives of PharmaCARE, are living luxuriously in compounds which have access to all essential amenities requires to live a good life and added prestigious amenities such as swimming pools, golf course, and tennis courts (Cory, 2001).

Going forward, I would recommend that PharmaCARE provides transportation means for the benefit of workers. These transportation means will help workers who live far from the premises and also aid in bringing harvested goods from the jungle to the processing area of the organization. That will increase efficiency and remove the burden and tire/exhaustion of employees. Secondly, I recommend that PharmaCARE increases the wages workers. Rather than a dollar per day, it’s ethical that they pay them the same amount hourly. That will help them better their living standards. Lastly, I would recommend that PharmCARE involves itself with corporate social responsibility. For instance, they could reinvest a little of their profits in enhancing Colberia’s current infrastructure. They could also create housing for the workers within the manufacturing plant to better their lives as some may never be able to erect better housing (Brenker, 2010).

Q3: Assess PharmCARE’s environmental initiative against the backdrop of its anti-environmental lobbying efforts and Colberian activities. Support the position

PharmaCARE instigated an initiative by the name We CARE about YOUR world®. This initiative pledges PharmaCARE commitment to the environment but ironically, the company’s lobbying efforts have successfully demeaned the environmental laws and regulations and that of the Superfund tax by CERCLA (Ingulli, 2010). This law imposed heavy taxes and fines on chemical and petroleum firms particularly those that release hazardous substances that jeopardize people and environmental health (Cory, 2001)Apparently, the activities of PharmaCARE in Colberia are seen to contradict their initiative staunchly. We CARE about YOUR world®. Obviously, the company does not care about Colberia and its people. The company distorts the previously fresh environmental and deplorably treats Colberian people. As a matter of fact, PharmaCARE has done nothing good for the benefit of the indigenous people. It has taken advantage of them without caring.

Q4: Decide whether or not PharmaCARE’s actions with respect to the indigenous people of Colberia would be ethical in accordance with each of the following ethical theories:

Utilitarianism
As defined by Shapiro (2011) as a normative ethical theory that distinguishes the right from the wrong solely by judging from the outcomes (consequences). Under this theory, PharmCARE’s activities are not ethical. If so, PharmaCARE actions would have caused happiness to the local people. However, dread is what Colberians suffer.

Deontology
This theory obligates people to do as it obligates them when faced with an ethical dilemma. As such, a person ought to follow his/her obligation to another individual as doing this is what is considered ethically correct (Rainbow, 2002). Following this theory, PharmaCARE actions to the Colberia’s indigenous people cannot be regarded as morally right. The company exploits the indigenous people by paying them meager wages making them lead substandard lives (Cory, 2001).

Virtue Ethics
Virtue ethics are those actions that one does for the good of another by following his/her instincts rather than laws, customs or culture. PharmaCARE officials are short of these virtues and as such, their actions are not ethically correct. Executives have no mercy to the poor people and does nothing keep them motivated for the job. They treat the employees like slaves. Lack of virtual ethics denies the company to be ranked an ethically run organization.

Ethics of care
Ethics of care requires that both parties in play gain something from common activities. However, PharmCARE takes advantage of everything to profit themselves (Brenker, 2010). Indigenous people sacrifice their efforts but end up on the losing side. They earn low wages, and their environment is destroyed (Cory, 2001).

My own moral/ethical compass

After examining the case, I am of the free opinion that PharmaCARE violates the civil rights of the people. They have taken the environment into their hands and made people their working objects. They have no respect for human life and expose them to danger through polluting the environment. They pay meager dues to these people just they are poor and have no power to demand fairness. PharmCARE has to reconsider their CRS status. The executives should understand that caring for the employees is for the best of it too. Employees are like engines of the company and motivating them is the same as re-energizing the engine which makes the vehicle move more swiftly to accomplish the desires of the owner (Brenker, 2010).

Q5: Compare PharmaCARE’s actions with those of at least one (1) real-world company, whose corporate activities led to ethical, environmental, or workplace safety issues and financial loss. Analyze the similarities and differences between PharmaCARE and the company that you chose.

The activities of PharmCARE are likened to those of British Petroleum Company BP sometimes back. British Petroleum was involved in a serious issue which involved spillage of over 30 gallons of crude oil, a situation that has come to be known as the Deepwater Horizon Oil Spill. In this case scenario, 11 lives were lost and some injured. The company had at the time not installed a back-up acoustic switch claiming that it was not cost-effective at the time. The oil spillage made the environment dangerous as people lived in fear of explosions. More so, the environment was polluted. Apparently, poor people had no means to pull out of the area, and BP did nothing about it. The same case applies to PharmaCARE scenario. They built a large manufacturing plant in Africa took away the land, polluted the environment and exploited the indigenous people just because they were poor, desperate and short of knowledge of their human rights. They work for a large company but under dangerous conditions. They work long hours yet receive unfair wages. They, however, are not aware of ways to demand their rights. Similarly, the Deepwater Horizon Oil Spill led to the damage of countless miles of shoreline which made fishing impossible. Fish processors had to shut down meaning that the local people were left without means of securing the daily bread (Rainbow, 2002).

British Petroleum redesigned its corporate insignia of going green that suggested that “the company was looking past oil and gas toward an eco-friendly future of renewable energy.” That is just similar with what PharmaCARE initiated through erecting a logo which said “WE CARE about YOUR health®. These two logos of the two companies stated that they wanted to change and in future enjoy the reputation as caring, ethical and well-run companies through producing high-quality products that save lives and through environmental friendly ways (Ingulli, 2010). Comparing BP and PharmaCARE, it can be found that both ended up devolved into unethical practices. BP, for instance, failed to acquire equipment that would have doubled safety for the oil rig. Instead, BP officials claimed they did not need such equipment. They claimed that the cost of it was too much and following the fact that this was not a required by the government, they did not purchase it. The same case applies to PharmaCARE, which does not want to feel the cost of social responsibility. They use their large company status to acquire land in Africa to set up a plant at the expense of the little power of the indigenous people.