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Ethics Q & A
January 26, 2004
By Jane Garthson, Mills
Garthson & Associates
The dilemma:
If my manager is openly doing something I know is illegal, and which
I regard as unethical, what are my options? The health of our clients
is being put at risk, but my family is dependent on my paycheque.
Jane says...
I suggest you make certain of the law first. Check the actual statute (most are
now on the Web). If you are right, give your manager the exact wording
along with any official interpretations or policy documents provided on
the government site. Also, check what the requirements are for calling
the police. Some situations, such as child abuse, leave you no legal option
but to act.
If this situation is not that severe, you can still document that you have provided the manager with the legal facts and that you object to the practice. You might also wish to document a refusal to directly participate. Regardless, you should not lie to protect your manager if anyone asks.
And there may be an indirect way to get asked. For example, many nonprofits have an annual due diligence review. One of the questions would be whether the organization obeys all applicable laws. Try to get involved. A "No" answer is bound to lead to some probing questions.
If the manager is unwilling to stop an illegal practice, you can, of course,
go to a higher level in the organization. That is risky, though. If you
decide to do this, I recommend that you tell the manager first. Depending
on your role, you might also be able to mention the situation to a board
member or your organization's lawyer. Again, there is the possibility
of incurring the manager's wrath.
Another approach would be to ask if there could be a discussion on the
subject at a staff or staff and volunteer meeting. Others likely share
your discomfort. Perhaps as a group you can persuade the manager to review
the practice, where as an individual you could not.
If you cannot effect change, and if working there harms your personal integrity, then you need to find a new job. How quickly you do so, and whether or not you resign before finding one, depends on how critical the issue is to you and the details of your circumstances. No one can make that decision for you.
You always have the option of external whistle-blowing to the police or
media. However, our society provides no protection to people who take
such actions without compulsion, and might blame you for costing the nonprofit
some of its funders and other supporters. Most whistle-blowers suffer
quite a few unpleasant consequences (career, health, and even personal
life). Only you can decide how much you want to stop these illegal and
unethical actions.
If many people know about the practice, by the way, and you would not
be a target, you can send an anonymous tip. However, if you have already
spoken up, suspicion will fall on you. Our society should offer protection
from reprisal, but it does not. That is why many people wait until they
are safely out of the organization before acting. If you decide against
acting while you are there, do not abandon the clients after you leave.
You can still make a difference.
***********
Because nonprofit organizations are formed to do good does not mean
they always are good in their own practices. Send us your ethical questions
dealing with volunteers, staff, clients, donors, funders, sponsors, and
more. Please identify yourself and your organization so we know the questions
come from within the sector. No identifying information will appear in
this column.
To submit a dilemma for a future column, or to comment on a previous one,
please contact help@charityvillage.com. For paid professional advice about an urgent or complex situation, contact Jane directly.
