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Blog

Ethical Conduct Through Psychological Safety: Part 2 – Safety in the Middle

According to Juan Toribio, writing in MLB.com, Blake Grice waited patiently with his right hand raised for about two minutes to hear his name called inside the Dodgers’ interview room. When he was finally noticed, LA Dodgers star pitcher Clayton Kershaw asked “Whatcha got?” The 10-year-old related that his dying grandfather, Graham, had created a bucket list of things he still wanted to do, one of which was to meet Kershaw. Blake was credentialed by MLB to attend the Post-Game Press Conference and when he did, he dedicated the moment to his now deceased  grandfather.
As reported by Toribio, Blake told Kershaw ““My grandpa loved you. He watched the 1988 [World] Series and he wanted to meet you and Vin Scully one day. So this moment is important to me because I’m meeting you for him.” Before he finished telling Kershaw the story, Blake began to cry” and Kershaw responded by going over to Blake and consoling him with a hug. Kershaw the said to him, “Come here, dude, great to meet you. Thanks for telling me. That took a lot of courage to tell me that. Great to meet you. Your granddad sounded like an awesome guy. Thanks for coming up.””
With a nod of the (St. Louis Cardinals) hat to Tim Erblich for sending me this story, I thought it was a very good way to introduce Part 2 of my series on advancing ethical culture through psychological safety. This series is based on a recent article in the MIT Sloan Management Review, Summer edition, entitled “Fostering Ethical Conduct Through Psychological Safety” by Antoine Ferrère, Chris Rider, Baiba Renerte, and Amy Edmondson. The authors believe “there are a number of things organizations can do to make it more likely that people will speak up when they observe unethical behaviors.” But one key is psychological safety, defined by co-author Edmondson as “a shared belief held by members of a team that the team is safe for interpersonal risk-taking” — or, put another way, that “we can say what we think” or “be ourselves around here.” Today, we look at how to determine the state of psychological safety in your organization.
The authors’ research concluded that while many employees “said that they spoke up after witnessing perceived unethical behavior, a substantial minority said that they did not speak up.” The authors found that “those who felt less psychologically safe were significantly less likely to report those behaviors via channels where organizational leaders might act on them.” Conversely, employees “who felt the most psychologically safe were most likely to have reported the misconduct they observed. This held true even after taking into account a range of other psychological factors that could influence incident reporting, such as perceived levels of organizational justice, fairness, and trust. Psychological safety is therefore important for more than just team effectiveness and well-being; it may also be critical for forming strong ethical cultures where employees feel comfortable speaking up.”
Interestingly, the authors realize the non-siloed nature of psychologically safety at the workplace. They note that ethics, risk management, legal and compliance functions, plus Human Resources (HR) all share an interest in fostering such an environment. This mandates a cross-functional approach as an essential requirement of molding an organization’s culture to include psychological safety. The authors believe, “Managers throughout a company must become aware of the blind spots created by a psychologically unsafe environment, along with the associated risk of underreported misconduct.” They also caution that a formal program such as a reporting hotline “may capture only a fraction of the problematic behaviors that occur.” This leads the authors to posit that gauging psychological safety “may help companies determine whether misconduct is being reported and, in turn, enhance the effectiveness of their formal speak-up programs.”
After 15 years of the Department of Justice (DOJ) and other regulators talking about “tone at the top”; the authors credit that most organizations appear to have senior leadership that talks about ethics positively. They believe “CEOs emphasize that integrity is a core value of their organizations, and that point is reiterated in calls with shareholders and during employee town hall meetings.” Unfortunately, while this messaging is important, the research indicated “it is not sufficient to prevent the derailers of ethical conduct that occur deep within an organization.”
The authors recognize what compliance professionals have known for some time, that it is middle managers, and “not just official speak-up channels are often on the front lines when it comes to hearing about unethical behavior.” They found that 80% of employees who did report internally, went to their direct managers, who are almost always in middle management. This is because middle managers are the company leaders play who play the critical role in ensuring that an employee speaking up feels supported and heard. The authors noted, “Our data shows that how line managers act has a disproportionate impact on the way potentially unethical behavior is addressed within organizations.”
Unfortunately, simply because a middle manager may feel psychologically safe you must not assume that their direct reports feel the same way. Confirming the findings from the ECI Report of its 2021 Global Business Ethics Survey, “managers and senior leaders tend to feel more psychologically safe than their employees and have a more positive perception of their organization’s ethical climate than the rest of the workforce. When you put these two findings together it makes clear that the higher up in the organization you go, there may well be “an ethical blind spot. That makes the role of team managers even more important when it comes to fostering an environment conducive to both engaging in ethical behavior and talking about ethics in an open, constructive way.”
The authors also confirmed a greater problem which is that “in a global context, psychological safety is not uniform across nations.” Survey respondents from “the Americas and Europe tended to score higher on psychological safety than respondents from Asia.” This suggests to the authors that “the potential effectiveness of tailoring interventions that promote speaking up in order to address the specific circumstances of different groups of employees.” Moreover, “global organizations that seek to build psychological safety must assess its various region-specific drivers and derailers to adjust their activities to specific seniorities and cultures.”
Join us tomorrow in Part 3 where we consider why a company that does not have psychological safety throughout it can not only be so toxic but in serious danger as well.

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Great Women in Compliance

Episode 155 – Mia Reini on DIY Compliance


Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.
In this week’s episode of Great Women in Compliance, Mary brings the team back from break with an interview with Mia Reini, a Compliance leader at the Home Depot. Mia tells us about her efforts to bring Home Depot’s Compliance awareness initiatives external to the company as a goal, discusses the difference between risk management and compliance, and gives tips for policy governance.
We often get asked whether we accept recommendations or nominations for GWIC guests – the answer is absolutely! We’ll be happy to receive any suggestions and feedback – send them through to podcast@greatwomenincompliance.com detailing what makes the individual stand out as a great woman in compliance. Please note that we are not an advertising agency and do not accept nominations for vendor marketing to ensure consistently high-quality episodes.
The Great Women in Compliance Podcast is on the Compliance Podcast Network with a selection of other Compliance-related offerings to listen to. If you are enjoying this episode, please rate it on your preferred podcast player to help other like-minded Ethics and Compliance professionals find it. You can also find the GWIC podcast on Corporate Compliance Insights, where Lisa and Mary have a landing page with additional information about them and the podcast’s story. Corporate Compliance Insights is a much-appreciated sponsor and supporter of GWIC, including affiliate organization CCI Press publishing the related book, “Sending the Elevator Back Down, What We’ve Learned from Great Women in Compliance” (CCI Press, 2020).
You can subscribe to the Great Women in Compliance podcast on any podcast player by searching for it, and we welcome new subscribers to our podcast.
Join the Great Women in Compliance community on LinkedIn here.

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Compliance Into the Weeds

The Wild and Wacky World of Control Failures

Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. In this episode, we dive deeply into the recent story of an in-house attorney who was disbarred for fraudulent activities in creating fraudulent claims and settlements.  Highlights include:

·      Background facts.

·      Conflicts of Interests.

·      What were the internal control failures?

·      Were they material?

·      Lessons for the compliance professional.

Resources

Matt in Radical Compliance

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Daily Compliance News

July 20, 2022 the Going to Trial edition


In today’s edition of Daily Compliance News:
·       Twitter-Musk trial set for October.   (WSJ)
·       Italian prosecutor drops ENI acquittal appeal.  (MarketWatch)
·       Layoffs hit crypto compliance personnel. (WSJ)
·       DOJ puts Amazon and civil litigants in ‘Time Out’. (WaPo)

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Blog

Ethical Conduct Through Psychological Safety: Part 1 – Introduction

What is perhaps one of the most recognizable movie themes of all-time? One that certainly falls into that category is the James Bond theme, written by Monty Norman, who recently passed away. According to his New York Times obituary, Norman took the job only because the producer, Chubby Broccoli, offered him a trip to Jamaica to watch some of the filming, in addition to more traditional monetary compensation. Norman was “struggling to come up with the theme, he said, until he remembered a song called “Bad Sign, Good Sign,” from an unproduced musical version of the 1961 V.S. Naipaul novel, “A House for Mr. Biswas,” on which he and a frequent collaborator, Julian More, had worked.” However, the opening line had an “Asian inflection and relied heavily on a sitar, but Mr. Norman “split the notes,” as he put it, to provide a more staccato feel for what became the theme song’s famous guitar riff. Norman said, “And the moment I did ‘dum diddy dum dum dum,’ I thought, ‘My God, that’s it. His sexiness, his mystery, his ruthlessness — it’s all there in a few notes.” (Listen to the James Bond theme here.)
I was reminded of the psychological nature of this great movie theme when reading a recent article in the MIT Sloan Management Review, Summer edition, entitled “Fostering Ethical Conduct Through Psychological Safety” by Antoine Ferrère, Chris Rider, Baiba Renerte, and Amy Edmondson. In this article, the authors asked such questions as “How do organizations encourage people to speak up about ethical breaches, whether inadvertent or deliberate?” and “Why do some employees choose to remain silent when others report misconduct?” Additionally, they “analyzed the perceptions of those who report misconduct against those of “silent bystanders” to help “better understand both the drivers and derailers of speaking up — and revealed insights into how leaders and compliance officers can encourage employees to make such reports.’”
The authors believe today, “it is more essential than ever that when misconduct happens or difficult problems arise, there is a strong ethical climate for surfacing information so that leaders can respond quickly and appropriately. An environment in which employees feel comfortable reporting such issues is also vital to preventing future misconduct.” Over the next couple of posts I will be exploring this article and some of the issues it raises. In Part 1, we look at what questions you should consider to determine the amount of psychological safety in your organization.
The starting point for any analysis for psychological safety is with one of the authors, Amy Edmondson herself and her seminal work The Fearless Organization. The authors began by modifying her original 1999psychological safety scale to emphasize a specific focus on employees speaking up. Interestingly, they added “the idea of thinking before speaking up in the hope of measuring hesitation.” They did so to “capture comfort levels in speaking up, based on the intuition that in a psychologically safe climate, people tend to say something right away, and when they don’t feel psychologically safe, they are more likely to keep incidents to themselves.”
By looking at how psychologically safe an organization is, the authors posited they could then  measure variance in psychological safety across teams and regions by surveying employees. They believed that this approach would allow them to then “focus efforts on teams who need the most help and to identify teams whose psychologically safe cultures may offer examples from which other teams can learn.” To do so the authors’ developed a survey which asked the following, “on a scale from 0 (completely disagree) to 10 (completely agree), their level of agreement with the following statements:”

  • On my team, if you make a mistake, it is often held against you.
  • Members of my team are able to bring up problems and tough issues.
  • People on my team sometimes reject others for having different views.
  • It is safe to take a risk on my team.
  • It is difficult to ask other members of my team for help.
  • I tend to think about how raising a concern will reflect on me before speaking up.

Interestingly, the authors acknowledged relationship to whistleblowing, in the context of both psychological safety and an ethical business, they strove to make clear “an important distinction between external whistleblowing and those who speak up about perceived misconduct at work.” Moreover, recognizing the vital role external whistleblowers play in the detection prong of any best practices compliance program, if a whistleblower goes to the Securities and Exchange Commission (SEC) or other external actors, it is almost always because “they felt their concerns could not be expressed, heard, and addressed internally.” The authors believe that a “healthy organizational culture is one in which speaking up and listening go hand in hand and thereby reinforce ethical standards. If concerns are expressed, changes can be made in a timely way.” This is important because it moves from the detect prong to the prevent prong, which is by far the more important and effective prong in any compliance regime. Further ideas or innovations, rather than simply reporting of untoward actions, can make a company more efficient and more profitable. All of this means that if there truly is psychological safety a company can receive far more benefits than simply monetary fine or penalty avoidance.
Join us tomorrow in Part 2 where we consider the role of psychological safety and moving it through an organization.

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Trekking Through Compliance

Episode 37-I, Mudd


In this episode of Trekking Through Compliance, we consider episode I, Mudd, which aired on November 3, 1967, and occurred on Star Date 4513.3.
The Enterprise finds Harry Mudd (Harcourt Fenton Mudd) on a planet and the “ruler” of 500 robot women. Mudd is being studied by the robots, who are accommodating but refuse to let him go. The androids tell Kirk people from the Andromeda galaxy built them. However, the civilization that constructed them was destroyed by a supernova, so the androids were left without supervision. Now they have found a new purpose in Mudd. Spock makes inquiries and discovers that there are 207,809 androids and, most importantly, that they seem to be controlled by some central coordinating power.
The robots find people too destructive and plan to take over and “serve” all humans in the galaxy to control them. Kirk leaves Harry on the planet with his attendant robots to serve as an example of human failure to them. The robots are also reprogrammed to carry out their original task of rendering the planet fit for human life. As a final blow to Mr. Mudd, Kirk also leaves behind several android copies of his shrewish wife, Stella.
Compliance Takeaways:

  1. Why continuous monitoring is a mandatory part of any compliance program.
  2. Will AI take over compliance? (Answer: No)
  3. As a CCO, you are only limited by your imagination.

Resources
Excruciatingly Detailed Plot Summary by Eric W. Weisstein
MissionLogPodcast.com
Memory Alpha

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Creativity and Compliance

Beware of Dr. No from the Land of No

Where does creativity fit into compliance? In more places than you think. Problem-solving, accountability, communication, and connection – all take creativity. Join Tom Fox and Ronnie Feldman on Creativity and Compliance, part of the Compliance Podcast Network. In this episode, Tom and Ronnie continue their short series of provocative statements on compliance training and communications, followed by a discussion. In this episode, Ronnie channels his inner James Bond to explore why compliance by Dr. No from the Land of No is a recipe for failure. Highlights include:

·      Employees Won’t Go to the Office of No

·      Discuss the reputation and why that’s important

·      Discuss how e-learning exacerbates the problem

·      Discuss solutions

·      Advertising & Branding – increasing exposure

·      Coaching and training the E&C team and Ethics Advisors

·      Coaching and training Leadership

Resources:

Ronnie Feldman (LinkedIn)
Learnings & Entertainments (LinkedIn)
Ronnie Feldman (Twitter)

Learnings & Entertainments (Website)

60-Second Communication & Awareness Shorts – A variety of short, customizable, quick-hitter “commercials” including songs & jingles, video shorts, newsletter graphics & Gifs, and more. Promote integrity, compliance, the Code, the helpline and the E&C team as helpful advisors and coaches.

Workplace Tonight Show! Micro-learning – a library of 1-10-minutes of training and communications wrapped in the style of a late-night variety show that explains corporate risk topics and why employees should care.

Custom Live & Digital Programing – We’ll develop programming that fits your culture and balances the seriousness of the subject matter with more engaging delivery.

Tales from the Hotline – check out some samples.

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GalloCast

GalloCast-Episode 2


Welcome to the GalloCast. You have heard of the Manningcast in football. Now we have the GalloCast in compliance. The two top brothers in compliance, Nick and Gio Gallo, come together for a free-form exploration of compliance topics. It is a great insight on compliance brought to you by the co-CEOs of ComplianceLine. Fun, witty, and insightful with a dash of the two brothers throughout. It’s like listening to the Brothers Gallo talk compliance at the dinner table. Hosted by Tom Fox, the Voice of Compliance. Topics in this episode include:

  1. How do you incorporate ethics into business growth?
  2. Who are all the stakeholders in and for your organization?
  3. Why is talent acquisition and retention a key element for any business going forward?
  4. How to change an entire culture?
  5. How not to lay off employees.
  6. What are the micro-cultures in your organization, and how to use them to build your ethical muscles
  7. What is the EthicsVerse?
  8. Nick’s Book Challenge.

Resources
Nick Gallo on LinkedIn
Gio Gallo on LinkedIn
ComplianceLine

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Blog

The Compliance Handbook, 3rd Edition is Available

As the Compliance Evangelist, I am pleased to announce the release of the Compliance Handbook, Third Edition. It is published by LexisNexis.
This edition is an update of the Compliance Handbook, 3rd edition handbook is a must read for all ethics and compliance professionals.  The Third Edition provides practical and helpful solutions on important ethics and compliance issues.  It is comprehensive, accessible and a must-have for every ethics and compliance professional.
Once again, I have teamed up with the top legal publisher, LexisNexis Legal & Professional, to lead its series of compliance offerings. The Compliance Handbook 3rd edition, is designed to provide the seasoned compliance professionals, and those new to the profession, with practical, actionable guidance and tools needed to design, create, implement and continually enhance a best practices compliance program.
The Compliance Handbook 3rd edition provides an in-depth look at the latest thinking and trends for the full range of critical compliance topics, including:

  • Compliance and business ventures
  • Third party risk management
  • The Board’s Role in Compliance
  • Continuous improvement
  • Compliance innovation
  • And much more

The Compliance Handbook 3rd edition also takes a close look at the role of all professionals with compliance responsibility, from Compliance Officers and Boards of Directors, to Human Resources to Internal Audit and Internal Controls and Communications and Training professionals. Understanding compliance responsibility across the organization continues to be a key theme of both the Department of Justice (DOJ) and Securities and Exchange Commission (SEC). With this 3rd edition, I expand on the concepts articulated in the original editions of operationalizing your compliance program.
What’s new for the 3rd edition?

  • The role of compliance in ESG
  • Key FCPA enforcement actions from 2022
  • Key innovations in compliance which came out of the Covid-19 pandemic
  • New strategies in training and communications
  • Looking forward to compliance in 2025 and beyond.

The Compliance Handbook 3rd edition incorporates the most current government pronouncements governing best practices compliance programs including the 2019 Evaluation of Corporate Compliance Programs released by the DOJ Fraud Section and its 2020 Update; the updated FCPA Resource Guide 2nd edition; the Framework for OFAC Compliance Commitments; the 2019 DOJ Antitrust Division’s Evaluation of Corporate Compliance Programs in Criminal Antitrust and most significantly the speech by Deputy Attorney General Lisa Monaco, reinstituting the requirements from the Yates Memo, the renewed use of monitors, all encapsuled in the Monaco Doctrine.
The Compliance Handbook 3rd edition is available in both print and eBook editions.  LexisNexis Legal & Professional is giving a discount of 20% for any presale purchase. Use the code FOX20 and go here.

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The Woody Report

Caremark Claims, Part 2

Welcome to The Woody Report, where Washington & Lee School of Law Associate Professor Karen Woody and host Tom Fox discuss issues on white collar crime, compliance issues, international corruption, securities and accounting fraud, and internal corporate investigations. From current events to topical issues to academic research and thought leadership, Karen Woody helps lead the discussion of these issues on the new and exciting podcast. Today in Part 2, Tom and Karen look at cases in the wake of Marchand, including Clovis Oncology, Boeing and Cardinal Health.

Resources

Karen Woody on LinkedIn

Karen Woody at Washington & Lee, School of Law