Business Ethics
...t for the unethical acts. The third mitigating factor is one that perhaps encompasses the majority of the employees in the National Semiconductor case. We have to balance the direct involvement that each employee had with the defective parts. Thus, it has to be made clear that many of the employees did not have a direct duty with the testing departments or with the parts that eventually failed. Even employees, or sub-contractors, that were directly involved with the production were not aware of the incompetence on the part of the testing department. For example, the electrical engineer that designed the defective computer chip could act in good faith that it would be tested to ensure that it did indeed meet the required government endurance tests. Also, for the employees that handled the part after the testing process, they were dealing with what they believed to be a component that met every governmental standard. If it was not tested properly, and did eventually fail, isnt the testing department more morally responsible than the designer or the assembly line worker that was in charge of installing the chip? Plus, in large corporations there may be several testing departments and is some cases one may be held more responsible than another depending on their involvement. A process like this can serve the dual purpose of finding irresponsible employees as well as those that are morally excused. The fourth mitigating factor in cases of this nature is the gauging of the seriousness of the fault or error caused by this product. Since National Semiconductor was repeatedly being reinstated to the listed of approved government contractors, one can safely assume that the level of seriousness, in the opinion of For the contractor approval committees, is not of monumental importance. Yet one has to wonder how this case would have been different if the lack of testing did cause the loss of life in either a domestic or foreign military setting. Perhaps the repercussions would have come faster much more stringent. The fact that National Semiconductor did not cause a death does not make them a safe company. They are still to be held responsible for any errors that their products cause, no matter the magnitude. As for the opposition to the delegating of moral responsibility, mitigating factors and excusing factors, they would argue that the entity of the corporation as a whole should be held responsible. The executives within a corporation should not be forced to bring out all of the employees responsible into a public forum. A company should be reprimanded and be left alone to carry out its own internal investigation and repercussions. From a business law perspective this is the ideal case since a corporation is defined as being a separate legal entity. Furthermore, the opposition would argue that this resolution would benefit both the company and the government since it would not inconvenience either party. The original resolution in the National Semiconductor case was along these lines. The government permanently removed National from its approved contractors list and then National set out to untangle the web of culpability within its own confines. This allowed a relatively quick resolution as well as the ideal scenario for National Semiconductor. In response, one could argue that the entity of a corporation has no morals or even a concept of the word, it is only as moral and ethical as the employees that work in that entity. All of the employees, including top ranking executives are working towards advancing the entity known as their corporation (Capitman, 117). All employees, including the sub-contractors and assembly line workers, are in some part morally responsible because they should have been clear on their employment duties and they all should have been aware of which parts were intended for government use. Ambiguity is not an excusing factor of moral responsibility for the workers. Also, the fact that some employees failed to act in an ethical manner gives even more moral responsibility to that employee. While some are definitely more morally responsible than others, every employee has some burden of weight in this case. In fact, when the government reached a final resolution, they decided to further impose repercussions and certain employees of National Semiconductor were banned from future work in any government office (Velazquez, 54). Looking at the case from the standpoint of National Semiconductor, the outcome was favorable considering the alternate steps that the government could taken. As explained before, it is ideal for a company to be able to conduct its own investigation as well as its own punishments. After all, it would be best for a company to determine what specific departments are responsible rather than having a court of law impose a burden on every employee in its corporation. Yet, since there are ethical issues of dishonesty and secrecy involved, National Semiconductor should have conducted a thorough analysis of their employees as well as their own practices. It is through efforts like these that a corporation can raise the ethical standard of everyone in their organization. This case brings into light the whole issue of corporate responsibility. The two sides that must ultimately be balanced are the self interests of the company, with main goal of maximum profit, and the impacts that a corporation can cause on society (Sawyer, 78). To further strengthen this need, one could argue that there are very few business decisions that do not affect society in way or another. In fact, with the plethora of corporations, society is being affected on various fronts; everything from water contamination to air bag safety is a concern. The biggest problem that all of us must contend with is that every decision that a business makes is gauged by the financial responsibility to their corporation instead of their social responsibility to the local community, and in some cases, the international community. This was pointed out on various occasions as the main reason why National Semiconductor falsified their reports. The cost that the full tests would incur did not outweigh their profit margins. Their business sense lead them to do what all companies want . . . maximum profit. In the opinion of the executives, they were acting in a sensible manner. After all, no executive wants to think of themselves as morally irresponsible. (Capitman, 118). The question that naturally arises, in debating corporate responsibility, is what types of checks and balances can be employed within a company to ensure that a corporation and all of its agents act in an ethical manner. Taking the example of the National Semiconductor case, one can notice many failures in moral responsibility. National Semiconductor would have to review its employe...