Categories
Compliance Tip of the Day

Compliance Tip of the Day: Aligning Your Corporate Values

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements.

Whether you’re a seasoned compliance professional or just starting your journey, our aim is to provide you with bite-sized, actionable tips to help you stay on top of your compliance game.

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law.

Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In this episode, we consider why the alignment of your corporate values is a critical step for your corporate culture.

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

Categories
Blog

HR’s Key to Unveiling the True Ethical Fabric of Organizations

Compliance professionals understand the importance of fully operationalizing compliance and embedding it into the fabric of a business. How can your Human Resources (HR) function help to both create and maintain an ethical culture at your organization? It turns out in a variety of ways. Obviously significance of incentives in driving ethical behavior cannot be forsaken but there are other areas to consider such as the impact of cross-cultural differences on ethical behavior. HR can play a role in the importance of creating a speak-up culture where employees feel comfortable reporting ethical concerns without fear of retaliation.

In a world where ethics are paramount, HR professionals hold the key to creating an ethical culture within organizations. But what happens when change is pushed too quickly, compensation drives behavior, and cross-cultural differences come into play? Discover the challenges and secrets to success in this thrilling journey of HR’s quest for an ethical culture…

In the pursuit of understanding the vital role of HR in establishing an ethical culture, I stumbled upon an unexpected revelation that shook the very foundation of my beliefs. It was a twist that challenged my assumptions and left me with a burning question: Can change truly be achieved without sacrificing ethical values? As I ventured deeper into this journey, I uncovered unsettling truths about the underlying ethos of corporations and the detrimental impact of short-term targets. But what I discovered next was even more astonishing, a revelation that would forever alter my perspective on the role of HR in creating an ethical culture…

If you are feeling frustrated and overwhelmed because your efforts to create an ethical culture are being undermined by inconsistent enforcement and lack of accountability, then you are not alone! Despite implementing compliance programs and promoting ethical values, you may find that employees still engage in unethical behavior due to a lack of consequences or clear guidelines. This can lead to a sense of disillusionment and hinder the progress towards an ethical work environment.

HR significantly contributes to embedding ethical behavior within the organizational culture. By creating a conducive environment that promotes honesty and integrity, HR can foster a culture that this significantly resistant to unethical practices. It’s primarily up to HR to ensure that employees feel comfortable voicing concerns without fear of retaliation, helping to enhance the ethical culture within organizations.

The path to cultivating an ethical culture is often met with significant roadblocks such as too much rapid change, reward-driven behaviors, and cross-cultural conflicts. These elements can create an environment where unethical behavior thrives, impacting organizational growth and success. For a moral culture to strive, these challenges should be identified and effectively addressed, paving the way for a workplace that values ethical conduct.

Understanding the underlying organizational dynamics is crucial in establishing and maintaining an ethical culture. It’s not enough just to have a written code of conduct; the actual behaviors within the organization need to be assessed and aligned with these ethical guidelines. HR plays a crucial role in comprehending these dynamics, ensuring that metrics used to reward employees promote ethical conduct rather than encouraging unethical short-term success.

Have you ever heard these myths about the role of HR in creating an ethical culture? First myth: HR is solely responsible for ethical behavior. Second myth: Creating an ethical culture is too time-consuming and costly. Third myth: HR can’t effectively enforce ethical standards. But what if I told you that these myths are far from the truth? Some key points are:

  • How HR can be the key instigator in shaping an ethically driven business culture.
  • Recognizing the potential roadblocks that could obstruct the path to ethical behavior in organizations and how to overcome them.
  • Appreciate the crucial interplay between organizational dynamics and ethics.
  • Perceive the nuanced impact of incentives on ethics and how it can steer the moral compass in corporate environments.
  • Master the art of endorsing.

My journey into understanding the vital role of human resources in establishing an ethical culture within an organization started with a deep dive into the role of HR and how those roles could that shed light on a fundamental dilemma for compliance. This dilemma was not about right and wrong, but about navigating clashing interests, misaligned incentives, and conflicting cultures. I learned that pushing too much change from the top, too quickly and too frequently can warp a company’s ethical climate. This realization led me to critically analyze the compensation plans in various organizations. The stark reality that people do what they are rewarded to do underlyes ethos of many corporations. This means that short-term targets often overshadowed long-term success, leading to a detrimental impact on the ethical culture. As I delved deeper into the concept of ethical culture, I realized that the essence of this term is far more profound and complex than it seems on the surface. This is not just about formal corporate governance documents or written codes of conduct. It is about understanding and adopting your organization’s underlying culture. It is also about self-awareness, organizational awareness, and the courage to speak up. One problem is that too many leaders tended to seek advice from their like-minded peers rather than embracing diverse opinions. This convinced me about the importance of fostering a speak up culture, and most crucially, a culture devoid of retaliation. This exploration underscored the pivotal role of HR in championing ethical norms, thereby establishing a robust and effective compliance program.

Categories
Principled Podcast

Principled Podcast – S9E12 – Why Arca Continental Leads with Values Over Rules in its Multinational E&C Program

What you’ll learn on this podcast episode

When it comes to driving ethical behavior in organizations, many ethics and compliance programs are beginning to focus more on leveraging company values than relying primarily on rules. But what does taking a values-based approach look like in practice, especially if you’re a multinational organization? How do talk about it with a wide range of employee populations? In this episode of LRN’s Principled Podcast, Susan Divers is joined by Gabriela Del Castillo, the chief ethics and compliance officer at Arca Continental, to discuss the importance of creating a respectful workplace and the role that E&C plays in developing ethical culture. 

Guest: Gabriela Del Castillo

Gabriela Del Castillo – Grayscale

Gabriela Del Castillo is the global chief ethics and compliance officer of Arca Continental, the second-largest Coca-Cola bottler in Latin America—and one of the largest in the world. She leads the construction of the company’s corporate sustainability through the management of ethical and compliance risks. In addition, she designs mitigation strategies—including policies, controls, and procedures—as well as communication and training initiatives for Arca’s ethics and compliance program. Gabriela also serves as the secretary of the Audit and Corporate Practices Committee for the organization’s board of directors. 

Prior to joining Arca, Gabriela was the regulatory affairs corporate manager at the food and beverage services company Empresas Polar. In this role, she helped the organization adopt risk management and compliance processes to anticipate risks and opportunities in the regulatory and legal fields. She also designed strategies to minimize costs or capture savings, based on a deep understanding of the company’s operations and stakeholders. Before that, Gabriela worked as a legal analyst for Siderúrgica del Orinoco, C.A. SIDOR, a Venezuelan steel corporation. 

Gabriela earned a master’s degree in international legal studies from Georgetown University and graduated magna cum laude from Universidad Central de Venezuela. She also received a marketing and innovation diploma from Instituto de Estudios Superiores de Administración IESA in 2017. 

Host: Susan Divers

Headshot_Susan_Divers_S7E18_Principled_Podcast

Susan Divers is a senior advisor with LRN Corporation. In that capacity, Ms. Divers brings her 30+ years’ accomplishments and experience in the ethics and compliance area to LRN partners and colleagues. This expertise includes building state-of-the-art compliance programs infused with values, designing user-friendly means of engaging and informing employees, fostering an embedded culture of compliance and substantial subject matter expertise in anti-corruption, export controls, sanctions, and other key areas of compliance.

Prior to joining LRN, Mrs. Divers served as AECOM’s Assistant General for Global Ethics & Compliance and Chief Ethics & Compliance Officer. Under her leadership, AECOM’s ethics and compliance program garnered six external awards in recognition of its effectiveness and Mrs. Divers’ thought leadership in the ethics field. In 2011, Mrs. Divers received the AECOM CEO Award of Excellence, which recognized her work in advancing the company’s ethics and compliance program.

Mrs. Divers’ background includes more than thirty years’ experience practicing law in these areas. Before joining AECOM, she worked at SAIC and Lockheed Martin in the international compliance area. Prior to that, she was a partner with the DC office of Sonnenschein, Nath & Rosenthal. She also spent four years in London and is qualified as a Solicitor to the High Court of England and Wales, practicing in the international arena with the law firms of Theodore Goddard & Co. and Herbert Smith & Co. She also served as an attorney in the Office of the Legal Advisor at the Department of State and was a member of the U.S. delegation to the UN working on the first anti-corruption multilateral treaty initiative.

Mrs. Divers is a member of the DC Bar and a graduate of Trinity College, Washington D.C. and of the National Law Center of George Washington University. In 2011, 2012, 2013 and 2014 Ethisphere Magazine listed her as one the “Attorneys Who Matter” in the ethics & compliance area. She is a member of the Advisory Boards of the Rutgers University Center for Ethical Behavior and served as a member of the Board of Directors for the Institute for Practical Training from 2005-2008.

She resides in Northern Virginia and is a frequent speaker, writer and commentator on ethics and compliance topics. Mrs. Divers’ most recent publication is “Balancing Best Practices and Reality in Compliance,” published by Compliance Week in February 2015. In her spare time, she mentors veteran and university students and enjoys outdoor activities.

Categories
FCPA Compliance Report

Ethics Madness 2023

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. This episode was recorded during March Madness, the return of Jason Meyer and Tom For Ethics Madness. In Ethics Madness, dive into the ethical questions surrounding the University of Alabama basketball team and their missteps in handling incidents involving their players. In this exciting podcast, the hosts discuss the possibility of redemption for individuals who have committed past indiscretions and how companies must vet their employees for a better work environment. They also cover topics such as mental health, the importance of diversity, equity, and inclusion in the workplace, and how companies should embrace ESG for a better business process. You’ll also hear insightful interviews with professionals on compliance and ethics education and enjoy fun segments like the Compliance Anthem of the Week. Don’t miss out on this amazing podcast that will inspire and educate compliance and ethics professionals. 

Key Highlights

·      Ethics in Sports: University of Alabama Basketball

·      Can you love art but not artists?

·      Redemption for unethical behavior in sports

·      The Power of Forgiveness & Reputation Management in Sports

·      Mental health in the compliance profession

·      Political Pressure on DEI Programs in the Southern States

·      Fostering DEI in Organizations

·      Core values and politics in universities & ESG betting

·      ESG in Energy Business Processes

·      Ivy League success in March Madness

·      Professional skepticism and NCAA tournament predictions

 Notable Quotes

“Should I feel guilty that I put the tide in my bracket?”

“Even energy companies are doing ESG. Why? Because they see it in their self-interest.”

“Spending more time and more attention now helping organizations with including and engaging with the neurodivergent people in their workforces and trying to involve those workers in ethics compliance, and that’s been fascinating work as well.”

“And to me, Tom, this debate feels like a debate at the core of ethics and compliance because this is an example of some core values.”

Resources

Jason Meyer on LinkedIn

The Eight Mindsets Podcast on Spotify

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Principled Podcast

Season 9 Episode 5 – How Company Principles and Values Make Compliance Simple?

What you’ll learn on this podcast episode?

What is the most effective way to help employees make ethical and compliant decisions regardless of the different situations they face? Should they consult a lengthy list of rules and try to find one that fits the situation? Or can they be trusted to apply critical principles that embed company values? In this episode of the Principled Podcast, host Susan Divers talks with Dana McMahon, the vice president and chief compliance officer of Stryker, about how her team works to empower and help its employees live the medical device company’s mission and values. Their secret? Simplicity. 

Guest: Dana McMahon

Principled_Podcast_Dana_McMahon_Guest

Dana McMahon leads global compliance, privacy, and enterprise risk at Stryker. Prior to her current role, Dana served as Chief Legal Counsel and led a global legal and compliance team advising on regulatory and quality, manufacturing and supply, technology and cybersecurity, commercial and government contracting, and privacy.

Dana has 20 years of experience in the life sciences industry. She joined Stryker in 2017 from Novo Nordisk, where she served as Assistant General Counsel. During her 14-year career at Novo Nordisk, Dana held several positions of escalating responsibility within the legal team, overseeing support to the commercial, regulatory, clinical, medical affairs, compliance, and government affairs organizations. Dana has worked extensively on matters related to product development and commercialization, market access and compliance. Previously, Dana worked in private practice at O’Melveny in New York City.

Dana received her law degree from New York University School of Law and her bachelor’s degree from Hamilton College.

Host: Susan Divers

Headshot_Susan_S7E18

Susan Divers is the director of thought leadership and best practices with LRN Corporation. She brings 30+ years’ accomplishments and experience in the ethics and compliance arena to LRN clients and colleagues. This expertise includes building state-of-the-art compliance programs infused with values, designing user-friendly means of engaging and informing employees, fostering an embedded culture of compliance, and sharing substantial subject matter expertise in anti-corruption, export controls, sanctions, and other key areas of compliance.

Prior to joining LRN, Mrs. Divers served as AECOM’s Assistant General for Global Ethics & Compliance and Chief Ethics & Compliance Officer. Under her leadership, AECOM’s ethics and compliance program garnered six external awards in recognition of its effectiveness and Mrs. Divers’ thought leadership in the ethics field. In 2011, Mrs. Divers received the AECOM CEO Award of Excellence, which recognized her work in advancing the company’s ethics and compliance program.

Before joining AECOM, she worked at SAIC and Lockheed Martin in the international compliance area. Prior to that, she was a partner with the DC office of Sonnenschein, Nath & Rosenthal. She also spent four years in London and is qualified as a Solicitor to the High Court of England and Wales, practicing in the international arena with the law firms of Theodore Goddard & Co. and Herbert Smith & Co. She also served as an attorney in the Office of the Legal Advisor at the Department of State and was a member of the U.S. delegation to the UN working on the first anti-corruption multilateral treaty initiative.

Mrs. Divers is a member of the DC Bar and a graduate of Trinity College, Washington D.C. and of the National Law Center of George Washington University. In 2011, 2012, 2013 and 2014 Ethisphere Magazine listed her as one the “Attorneys Who Matter” in the ethics & compliance area. She is a member of the Advisory Boards of the Rutgers University Center for Ethical Behavior and served as a member of the Board of Directors for the Institute for Practical Training from 2005-2008. She resides in Northern Virginia and is a frequent speaker, writer and commentator on ethics and compliance topics.

Categories
Compliance Into the Weeds

Having a Values Conversation

The award-winning, 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 explore a subject. In this episode, Matt and I take a deep dive into having a value conversation to help companies start a conversation about values. If companies do not focus on matters, a vacuum is created where employees are left to make their own decisions, and those decisions may not always be in the company’s best interest. Tune into Compliance into the Weeds-Having a Values Conversation to learn how to start the conversation and create a safety culture.

Key Highlights

  • The Importance of Workplace Safety [00:04:58]:
  • The Need for Embedding Conversations about Values in the Workplace [00:09:00]
  • Creating a Positive Corporate Culture. [00:12:26]
  • The Dangers of Not Doing Corporate Compliance Properly [00:15:56]

 Notable Quotes

 1.     “It makes a lot of sense to try to embed awareness of them initially, but it feels weird. It’s kind of outside of people’s comfort zone. It’s outside your comfort zone if you are not an ethics and compliance professional.”

2.     “These questions can help people like that. And as you had mentioned before, middle managers are the crucial element in all of this.”

3.     “It’s easy for senior executives. To talk about ethical values. I think for many low-level employees, and those messages go in 1 ear and out the other because Why does anybody ever pay attention to what senior management says? It’s your middle manager. It’s your boss. You pay attention to what they say.”

4.     “These questions are geared to help those managers, that audience, and their crucial tool.”

 Resources

Matt Kelly in Radical Compliance

Categories
STAKE: The Leadership Podcast

Do Company Values Really Matter Anymore


A lot of businesses have their organization’s core values posted up somewhere on a wall in the building, in a corner of their website, and even on employee’s desks! And some organizations have worked hard to get their employees to memorize the core values and be able to tell someone those values at the drop of a hat. My question is, is that approach to company values doing any good for the business?
In today’s episode, I’m talking with Gabe Krajicek, CEO of Kasasa. I’ve experienced first-hand how company values can be useless, and as a previous customer of Kasasa, I’ve seen how values can directly impact customer interactions and the company’s bottom line. Hear exactly how Gabe and his team have worked to build an incredible culture at Kasasa and how you can do the same thing in your organization, too!
———-
If you’re looking for tangible action steps and refreshing insights to help ignite the power of your own leadership journey, sign up for my weekly leadership blog HERE.
If your business would benefit from higher-performing leaders, check out more information about the comprehensive leadership development training I do HERE.
If you want to reach out to me directly, email alyson@vanhooser.com.
If you enjoyed this episode, will you please subscribe and leave a review? Your reviews help this show get discovered by more incredible leaders just like you. I’m obsessed with helping leaders ignite their performance results and I’d love to have you help me make an impact! Thank you so much!
P.S. Share and tag me on social — @AlysonVanHooser — and I’ll share your comments and big takeaways on my feed!

Categories
Blog

What Values Lurk in a Person’s Heart? Read Their Emails to Find Out

John Gruden resigned as the coach of the Las Vegas Raiders Monday night. He did so after some of the most racist, homophobic and misogynist emails he had sent surfaced in an unrelated investigation. The emails were some of the worst things you could ever imagine anyone typing. They not only spoke to the character and values of the man who sent them but pulled the curtain back on a wider culture in the National Football League (NFL) which seemingly not only tolerates such behavior but celebrates it as well. Most importantly, the entire episode presented multiple lessons learned for every compliance professional. This post will be the first of a two-part blog series on Gruden’s emails, the fallout and how every compliance professional can walk away with multiple lessons learned from this sordid affair.
It all started with the Wall Street Journal (WSJ) reported that Gruden sent an email back in 2011 “about DeMaurice Smith, the executive director of the NFL Players Association, to a team executive. Gruden’s email described Smith with a racist trope common in anti-Black imagery. “Dumboriss Smith has lips the size of michellin tires,” he wrote in the email reviewed by The Wall Street Journal.” From there it only got worse, much worse. The New York Times (NYT) reported  “Gruden’s messages were sent to Bruce Allen, the former president of the Washington Football Team, and others, while he was working for ESPN as a color analyst during “Monday Night Football.” In the emails, Gruden called the league’s commissioner, Roger Goodell, a “fa—-t” and a “clueless anti football p—-y” and said that Goodell should not have pressured Jeff Fisher, then the coach of the Rams, to draft “qu–rs,” a reference to Michael Sam, a gay player chosen by the team in 2014.”
The NYT went on to report, “In numerous emails during a seven-year period ending in early 2018, Gruden criticized Goodell and the league for trying to reduce concussions and said that Eric Reid, a player who had demonstrated during the playing of the national anthem, should be fired. In several instances, Gruden used a homophobic slur to refer to Goodell and offensive language to describe some N.F.L. owners, coaches and journalists who cover the league.” He even said that an owner of a team Gruden coached to the Super Bowl should perform a specified sex act on him.
All of these emails were sent when Gruden was either employed by ESPN, the worldwide sports leader, or by then Oakland Raiders now the Las Vegas Raiders. The NFL espouses racial equality, respect for the LGBTQ community, anti-misogyny and player safety. It certainly appears that both in his heart and, more importantly, when sending emails Gruden was none of these things and held none of those values. As Sports Illustrated (SI) said, “The contents of these published messages are crude and derogatory, and at odds with the values the NFL claims to espouse. Gruden apologized after the first email was released but continued to assert that he is not racist and had no racial intentions with his comments, demonstrating apparently willful disregard for the harm inherent to the words he chose. When the Times published the contents of the rest of the emails, Gruden’s own words disqualified him from leading an NFL franchise, moreover one with an openly gay player, Carl Nassib, and in a league that is 70% Black.”
How did all these emails ever see the light of day? ESPN, the same organization which employed Gruden during much of the relevant time frame, said, “The emails came to light during the NFL’s investigation into workplace misconduct with Washington, as “the league was informed of the existence of emails that raised issues beyond the scope of that investigation,” according to NFL spokesperson Brian McCarthy. Senior league executives reviewed the content of more than 650,000 emails, including the one the Journal reported was written by Gruden to [Bruce] Allen. The NFL sent pertinent emails to the Raiders for review.” The Washington Football Team (as they are now known) had its own toxic culture with the team being fined $10 million and the owner being removed from its day-to-day operations for a period of time.
Over a seven year period, one of the most prominent NFL commentators and later the highest paid coach in the NFL, Gruden was making $10 million annually, on a 10-year contract, sending out racist emails about the head of the NFL players union, criticizing in the crudest way possible the Commissioner of the NFL, disparaging the only openly gay professional football player, attacking the first female referee and encouraging a former employer (and boss) to perform a sex act on him. What lurks in the heart of the man? In Gruden’s case he put it all out in these emails. Did he have those same values when he was a lead analyst at ESPN and later the highest paid coach in pro football? I think we know the answer to that question as well.
What did Gruden say in response to all of this? When the initial email was reported by the WSJ, he simply replied that he did not recall the email. Gruden then amended that statement to say, “Gruden told ESPN that he routinely used the term “rubber lips” to “refer to a guy I catch as lying … he can’t spit it out. I’m ashamed I insulted De Smith. I never had a racial thought when I used it,” Gruden told ESPN. “I’m embarrassed by what’s out there. I certainly never meant for it to sound that bad.” [emphasis supplied – as in how bad did he intend for it to sound?] ESPN issued a terse statement saying in part, “The comments are clearly repugnant under any circumstance”.
Join us tomorrow where I consider what all of this means for compliance officers, corporate America and our collective values.