Abstract
I. Introduction
Ethics in science has been receiving
noticeably increasing attention in recent years. The increase in
interest in scientific ethics appears to have been correlated in time with
decreasing funding for science. Whether there is a causal relationship
between these two phenomena is unclear. However, it may be that at
some level we as scientists are perceiving the decreased availability of
funding for science as something that we have somehow brought on ourselves
by "bad" behavior, and the increased attention to scientific ethics may
be at some level an effort to root out the supposed evil and bring the
good days back again. Our increased interest in scientific ethics
may thus perhaps be regarded as in part a self-directed "blame the victim"
response to hard times. Whatever the motivations may be, however,
this raised attention to ethics is a commendable enterprise on the part
of scientists. It provides an opportunity to develop further an aspect
of our professional lives that deserves further attention.
While discussions of ethical
issues in science have been fairly wide-ranging, in much of the discussion
of ethical issues in science, we seem to be blaming ourselves for departures
from ethical behavior. While this is certainly accurate in some instances,
I take exception to the "mea culpa" emphasis in much of the discussion.
Most physicists and other scientists whom I have known are on the whole
very ethical people. In almost all cases, they have not been trying
to make a fast buck by sleazy, unscrupulous, unprincipled, corrupt, or
illegal activities (Mergens, p. 2). Generally, they seem to have
been trying to follow ethical principles, modulated by some selfishness,
and with considerable acquiescence to external constraints. It is
the external constraints that play such a large role in preventing us from
observing ethical codes, that most interest me in this paper.
And it is in these external
constraints that many current problems in science ethics lie. Apparently,
there exist two major ethical problem classes: one dealing with personal
ethical behavior as a professional scientist, and the other dealing with
ethical harassment of scientists by their employers (Schwab, p. 15).
This latter major ethical problem class is the one of present interest.
Ethical harassment is a term
that has been introduced to identify a type of harassment that can happen
to an individual when that individual attempts to act in accordance with
ethical principles (Elden, 1996). Ethical harassment is what
happens when another person (the harasser) attempts to coerce someone (the
harassee) into perpetrating what the harassee regards as an ethical impropriety.
Ethical harassment is an analog of sexual harassment for a somewhat more
general case. In this paper, I will concentrate on ethical harassment
occurring in research and teaching of physics and other areas of employment
of physicists.
II. Professional Ethics in Science
All of us, as human beings,
have internalized informal conscious and unconscious ethical criteria.
In addition, there are more formal and explicit religious and secular ethical
standards. Furthermore, most professional organizations have codes of ethics
which are intended to guide individual decision-making.
In particular, these include
codes of ethics for scientists. Some organizations have codes of
ethics also. All of these sources lay ethical obligations upon us.
Of course, they are not all compatible, so that every one of us is faced
with a unique problem of how best to adhere to mutually incompatible standards.
This can be problematic, of course. We can minimize the impact of
differing ethical standards by focusing on those standards that different
codes of ethics agree on. Even then we are not out of the woods,
because these ethical standards need to be applied. We can talk a
good game, but can we walk a good game too?
Let us suppose that we can resolve
this incompatibility of different ethical codes in some manner, and come
up with an operative code of ethics that we individually choose to observe.
III. The Right of a Scientist to Act Ethically
Once we have developed an ethical
code for a profession, it would seem that individual members of the profession
should have the privilege or prerogative of working in compliance with
that ethical code. It would seem that an individual should, as a
fundamental human right, have the right to act ethically.
However, all too often it seems that adhering to or conforming with a professional
code of ethics requires at the very least heroism, and in some cases martyrdom
(Wujek, p. 3). Must physicists be heroic and put their jobs on the
line just in order to act ethically, within professional guidelines, just
so as to follow and comply with our ethical codes? It is my belief
that the answer to that question should be "no"; that heroism beyond the
call of duty should not normally be required of us for simply complying
with a professional code of ethics. Professionals should have a right
to act ethically, and this right should also be formally codified in our
professional guidelines and ethical codes.
When professionals are in independent
practice working for many individual clients, as has been for example the
case for many lawyers and physicians in the past, although less so today,
the ethics problem is mainly to formulate codes that help define ethical
practices and to develop procedures for educating and inducing practitioners
to adhere to such principles (Ungar, p. 2). Such professionals, because
their incomes are derived from a multiplicity of independent sources, are
seldom subject to major economic penalties for ethical behavior (Ungar,
p. 2). But for those professionals who normally work as employees,
or who have a relatively small clientele, such as engineers and physicists,
there is the added problem of devising means to secure their rights to
behave ethically in cases in which this entails behavior in specific instances
that their employers or important clients object to (Ungar, p. 2).
There are potentially several
sources of support for the ethical physicist. One is our legal system:
Various proposals have been made, and some implemented, that directly or
indirectly would use the law to shield individuals for responsible behavior
in the public interest (Ungar, p. 2). Another is through mechanisms
within the organization for giving a meaningful hearing to individuals
with concerns about the organization's decisions or policies; however,
organizations differ greatly in the extent to which satisfactory resolution
can be obtained internally (Ungar, p. 2). Other potential sources
of support might be interested and sympathetic individuals and groups,
and professional societies or activist groups within professional societies.
IV. Implementation of an Ethical Code: Application
of Ethical Principles in Science
The ethical criteria in the
principles and codes of scientific ethics generally lay most stated obligations
on the individual scientist. Thus, five of the six fundamental principles
of scientific research enunciated in an earlier workshop (those which deal
with scientific honesty, carefulness, openness, credit, and public responsibility)
are obligations laid primarily on the individual scientist; while only
a single one of the principles (intellectual freedom) primarily addresses
a responsibility of scientists' employers (Resnik,
p. 9).
However, the individual scientist
is not alone and independent of the environment in which he or she works,
and the extent to which an ethical code can be implemented also depends
upon the environment of the individual scientist. Decisions may also
be affected by rules set by organizations of which we are members or employees.
Institutions may have policies that limit the options available to us.
Some employers also have prepared codes of ethics for their staff, but
these codes commonly lay further restrictions primarily on the individual,
rather than seeking to provide actual assistance and support in the observation
of professional codes of ethics. We need to examine how to promote
the individual's ability to observe a code of ethics in an at best neutral
environment, and sometimes in a hostile environment.
The extent to which a scientist
is capable of exercising a code of ethics is dependent not only upon the
ethical intentions of the individual, but also upon other factors.
These include limitations and ambiguities in interpretation, external constraints
and pressures. These pressures and constraints come from external
sources such as other individuals, employers, and sources of funding.
The application of these pressures to act contrary to ethical precepts
is what I am referring to as "ethical harassment".
The application of some of these
principles of ethics could lead to conflict with your employer. To
look at a specific example, suppose that you are a member of the IEEE as
well as the APS. The IEEE Code of Ethics requires those observant "...
to accept responsibility in making engineering decisions consistent with
the safety, health, and welfare of the public, and to disclose promptly
factors that might endanger the public or the environment" (IEEE; Wujek).
If you simply take the IEEE code of ethics seriously and attempt to act
in accordance with it, you may be in conflict with your employer.
The application of some principles of ethics could, for example, cause
a physicist to refuse to work on a project. To do so may cause prejudicial
retaliation by the individual's manager and organization (Wujek, p. 3).
The individual could be cited for insubordination and be dismissed, or
relegated to a job having no particular significance or potential, or be
transferred to another location, which would be disruptive of the individual's
life (Wujek, p. 3). Thus, to invoke some ethical principles involves
an element of risk to the individual's job, and as a consequence, to the
individual's career (Wujek, p. 3).
In a physicist's or engineer's
employment situation, when she or he finds it necessary to dissent on either
technical or ethical grounds (or both!), an employee-employer conflict
can usually be anticipated. When this conflict does not become resolved
in a professional and fair manner, the physicist may feel compelled to
go outside and "blow the whistle" (Elden, 1996, p. 1). The situation
can escalate into a worsening conflict situation, perhaps with harassment,
discharge of the employee, or sometimes legal action.
V. The Issue: Harassment
Harassment in the workplace takes many forms.
Harassment is a kind of localized form of persecution of an individual.
Harassment is the deliberate creation of an oppressive work environment,
often on the basis of personal characteristics unrelated to job performance.
We are most familiar with sexual harassment as it has achieved the greatest
media attention, but there are other forms of harassment that are also
serious. Harassment can occur on the basis of gender (sexual harassment),
race, religion, sexual orientation, weight, height, physical handicaps,
mental handicaps, political beliefs, and as retaliation for legitimate
job decisions (Schlossberger, p. 207).
Like many other forms of misconduct,
harassment is first about power and only secondarily about sex, race, or
other factors (Jones, p. 2). It is, at its core, a coercive, exploitative,
and improper use of power.
Harassment is unethical and
in some cases illegal. (For example, sexual harassment is illegal
if retaining your job depends upon going along with sexual advances; or
if the conditions of your employment (such as pay, promotion, or vacation)
depend on your going along with this behavior; or if the harassment creates
a hostile or offensive work environment which interferes with your ability
to do your job (9to5.html).)
We are concerned here with harassment
that takes place in the context of an ethical decision on the part of an
individual, where the harassment is an effort either to prevent or to punish
action based on an ethical decision. Thus, coercion, influence, or
pressure which may cause the individual unwillingly to act contrary to
a code of ethics to which she or he subscribes, constitutes ethical harassment.
If you are made to feel that your job is jeopardized because you attempt
to practice your profession ethically, then you are being subjected to
ethical harassment. The context of ethical harassment is differential
power, dominance, intimidation, and silencing.
I have adopted the term "ethical
harassment" for this type of harassment because this term has already been
introduced, and because this name is somewhat catchy by association with
sexual harassment, and accordingly may be effective in bringing more attention
to this issue. It is important to name phenomena. This phenomenon
has gone without a generally recognized name. Unnamed, it goes undiscussed
and undebated - its underlying assumptions unexamined. This insidious
practice of "ethical harassment" has existed unnamed for a long time, for
too long. We need to examine it and curtail it.
How can ethical harassment be
operationally identified in a perpetrator? Here are two criteria,
based on analogous considerations for sexual harassment, which may assist
in identifying a harasser (Jones, p. 5):
ï The perpetrator would not say or do these things (that are identified as conduct of harassment) in the presence of an ethical authority or mentor, such as for example his minister or rabbi.
ï The perpetrator would not feel comfortable having these acts reported in the local newspaper or news broadcast, and would object to publicity.
It should be noted that these criteria are not without exception, as in some instances, ethical harassment is occasioned by clashes of codes of ethics rather than being the result of unethical behavior on the part of the harasser, which is the usual case.
VI. Ethical Harassment and its Deleterious Consequences
Harassment can interfere with
work and create serious personal hardship for those who are harassed, for
those who witness the harassment, and under some circumstances for the
harassers. In the long run, employers may benefit by examining and
addressing ethical harassment, since it can lead not only to employee dissatisfaction,
but in some cases also the circumstances of ethical harassment can lead
to whistleblowing and/or to legal action.
VII. Examples of Ethical Harassment
Organizations differ in the
extent that they allow or sanction harassing behavior. Also, the
type of harassing behavior can depend upon context. Some brief particular
examples of cases of ethical harassment of physicists are included to clarify
by particularization and provide a further basis for discussion (see Appendix
I).
VIII. Types of Ethical Harassment
We need further analysis of
the concept of ethical harassment. It may be helpful to distinguish
different forms of ethical harassment.
We can distinguish two forms
of ethical harassment: quid pro quo harassment and hostile work environment
harassment (a categorization that we can make in analogy to the corresponding
categories delineated in sexual harassment and recognized by the EEOC and
the courts) (Rifkind and Harper, p. 33). Quid pro quo harassment
would involve a tangible job benefit that is offered in exchange for unethical
behavior. An example of quid-pro-quo harassment would be an employee
threatened with a demotion for not complying, or promised a promotion for
complying, with unethical behavior. Hostile work environment harassment
takes place when conduct at the workplace has the purpose or effect of
unreasonably interfering with an individual's work performance, or creating
an intimidating, hostile, abusive or offensive working environment.
Other types of categorization
might include institutionally tolerated or encouraged ethical harassment,
and casual individual ethical harassment. We need to address the
former, the structural ethical harassment, which is built into an organization,
as well as the latter, informal ethical harassment, which occurs at the
instigation or pleasure of particular managers.
As another example of categorization,
some ethical harassment is explicit and up-front and unequivocal.
Some ethical harassment is subtle and devious and may be regarded as defined
by information equivocality in communication. In the latter case,
the individual may be reluctant to claim harassment because of fear that
she/he may have misunderstood the harasser's intent.
IX. Why is Ethical Harassment Effective?
Ethical harassment works because
of threats explicit and implicit, and penalties imposed upon the individual.
External pressures are exerted to cause individuals to act unethically,
in the service of the organization or in support of another interest.
Ethical harassment is effective
for much the same reasons that other types of harassment, such as sexual
harassment are effective, and harassees are reluctant to contend the harassment
(Rifkind and Harper, p. 156). Fear of possible job loss or other
retaliation (such as slowed promotion, elimination of salary increases
or salary reduction, or loss of security clearance) can be a concern of
the harassee. (Retaliation can take many other forms, including verbal
abuse, non-cooperation from coworkers, poor personal recommendations/ references,
poor job evaluations/bonus ratings, impossible performance standards, excessive
demands for unpaid overtime, demotion or downgrading, transfer to less
satisfactory work, worsening of work schedule, and termination of employment
(Hadjifotiou, p. 22).) In some cases, there is fear of embarrassment
or humiliation, ranging from embarassment at being perceived as stupid
in not understanding the unwritten rules of the game, to fear of not being
taken seriously, to fear of loss of professional standing. Also,
as noted above, there can be fear of having misunderstood the harasser's
intent.
X. Comparison with Sexual Harassment
We need to seek and put in place
mechanisms to provide deterrence against ethical harassment. It is
possible that we may be able to learn to deal more effectively with ethical
harassment by examining other forms of harassment and how they have been
dealt with in successful cases.
Some progress has been made
against sexual harassment since it has had its name spoken in public, and
been extensively discussed, and a general consensus reached that sexual
harassment is not societally desirable. A similar approach might
be taken to curtail ethical harassment.
Because of our experience with
sexual harassment, it seems likely that women physicists may have an informed
background for contributing to analyzing and developing positions and inventing
mechanisms against ethical harassment, but all physicists can be affected
by this type of harassment, and the help of all physicists should be sought
in addressing this problem.
XI. Taking Action - Contesting Ethical Harassment -
Mitigative Approaches and Preventive Measures
In view of the fact that facing
up to sexual harassment has led to what appears to be a nation-wide decrease
in this virulent activity, there is hope that addressing ethical harassment
in a similar manner might have positive results.
In order to curtail ethical
harassment, similar approaches might be taken to those already taken with
some success against sexual harassment. We need to name it, we need
to discuss ethical harassment widely, we need to publicly deny the acceptability
in any form of ethical harassment. If we can achieve having it widely
acknowledged that ethical harassment is not acceptable in the professional
community, this may come to pass. We might even hope eventually to
get legislation against ethical harassment introduced and passed.
In the meantime, it is time
that we name ethical harassment for what it is, arrange to get it identified
and forbidden in ethical codes and personnel handbooks, and otherwise do
what we can to deter ethical harassment. We should take action to
make "ethical harassment" become regarded as an unwelcome and formally
undesirable feature of the employment scene, and begin to take whatever
further action is necessary to make ethical harassmant become only an unpleasant
memory, to make it disappear.
One mechanism for deterrence
against ethical harassment might be the inclusion of statements against
ethical harassment in both professional codes of ethics and the codes of
ethics of employers. Let us make an effort to have this occur, as
a step in this direction.
Here are some suggested mechanisms
for curtailing ethical harassment:
ï Naming it.
ï Identifying ethical harassment when it occurs.
ï Talking about ethical harassment and condemning it.
ï Researching ethical harassment.
ï Taking individual action when you yourself are victimized.
ï Helping individuals victimized by harassment.
ï Discussing it formally as well as informally in professional
meetings, so as to increase professional awareness of it.
ï Requesting the APS to set up a Forum on Ethics to address
ethics issues in physics, including ethical harassment.
ï Engaging in other activities to raise consciousness
about it (meetings, publicity, workplace campaigns).
ï Encouraging professional journals and newsletters to
publish articles on ethics and ethical harassment.
ï Working with professional organizations for help or
to develop methodologies (for example, IEEE will be providing an ethics
hotline and a support fund for harassees).
ï Working with unions on the issue, for any physicists
who may belong to unions.
ï Working to include statements addressing ethical harassment
in professional codes of ethics.
ï Working and negotiating to get agreements to include
statements forbidding ethical harassment into codes of ethics or management
policies and procedures of employers and government agencies.
ï Once an agreement is reached, working to ensure that
a training program is implemented for management.
ï Encouraging organizational efforts to eliminate ethical
harassment.
ï Working to change the law to address ethical harassment.
ï Insisting on the right to act ethically as a fundamental
professional and human right.
The reader is invited to suggest
other possible mechanisms for curtailing ethical harassment.
The goal of these mechanisms is to affect the corporate
and university and governmental environments in which we work to make it
less likely that scientists and other professionals will be punished for
conscientious behavior. The hope is that the various institutional
environments or milieu in which physicists work will become more hospitable
to ethical practitioners.
XII. Concluding Remarks
The issue of ethical harassment is one of real
importance, and further research focusing on obtaining an understanding
of its causes and developing strategies for reducing its occurrence in
the workplace is needed. Action is needed by physicists to curtail
ethical harassment against members of our profession. We can take
a step in that direction by asserting and maintaining our right to act
ethically as a fundamental professional and human right.
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Appendix I: Examples of Ethical Harassment of Physicists
EXAMPLES OF ETHICAL HARASSMENT OF PHYSICISTS
Here are some diverse examples
of ethical harassment for cases of potential interest to physicists:
ï You are a physicist with a regulatory agency, and you identify some improprieties on the part of one of the corporations subject to regulation by your agency. Your management tells you to tone down your report, then eliminates your findings and recommendations from the final report. (This would appear to be an example of "forced changes in recommendations"; see e.g. Alger et al., p. 140; or Scholossberger, "going easy on safety assessments", case 26, p. 159).
ï You are working on a contract for a client; you are required by your management and the contractor to omit relevant data and associated conclusions from a report so as not to embarrass the client; you are told that your organization will lose the contract unless that is done (and, implicitly, you may possibly lose your job). (This would appear be an example of "forced changes in recommendations," see e.g. Alger et al., p. 140).
ï The corporation that employs you is about to market an environmentally harmful product. You voice objections, and your management threatens you with loss of your job.
ï The corporation that employs you has had an enviromentally harmful accident, and tries to hush it up. You think that the accident should be brought to the attention of regulatory authorities and become public knowledge, but your supervisor uses abusive language in referring to you and your attitude to the situation, and suggests that promotion may occur slowly if you should mention the occurrence publicly.
ï You have published a paper in a field unrelated to your present employment which has irritated a government agency that potentially could provide contracts to other parts of your organization. Your management informs you that all of your future publications, related to your employment or not, must be subject to management review prior to release for publication.
ï You have supported a female colleague in her complaints about sexual harassment. This year in question, you receive no salary increase as a consequence of being categorized in the lowest 10% of employees in the annual personnel evaluation, although there is substantial evidence that you have outperformed most other employees in many important respects.
ï You are an upper-level manager as well as a physicist; many of your employees are physicists. You have been told that your own salary will depend on how successfully you control the total salary costs for your employees; thus, if you keep down their salaries, your own salary will increase. (This would appear to be an example of quid pro quo harassment, an example of ethical harassment to put the individual in an ethical quandary.)
ï A scientific colleague has discovered a major flaw in the siting of a planned new accelerator facility at the institution where you work. Should this problem come to light, the accelerator will in all likelihood be built elsewhere. Your colleague's promotion is deferred indefinitely.
ï An accident occurs at a foreign nuclear reactor. You and other technical staff are told that no comments are to be made in public by any employees, with an implicit threat of retaliation against those who may respond to media inquiries.
ï In a new report which has been cleared for distribution, you quote your own earlier unclassified publications. One of your earlier publications is then retroactively classified, and you are required by security personnel to recover all copies of the new report that have already been distributed.
ï In presenting a seminar, you make a statement interpreted as critical of a major figure in the technical establishment. Your management then insists that you are to accept no further invitations to speak at seminars, colloquia, or technical meetings without the express written approval of several levels of management.
ï You have attempted to support other employees in an ethical harassment issue, and subsequently you receive a low employee performance rating. When you inquire why, you are told that you exhibit inadequate evidence of leadership ability, even though you are at the time serving as president of a national organization of scientists.
ï Working in an industrial setting, you are required to fill out and approve time sheets. Adjusting the records so that they no longer truthfully reflect actual time spent is insisted on by your management, and representation from a higher level of management is brought in to assure that you comply. (Compare Schlossberger, case 23 p. 145.)
ï You are lead author of a report prepared under contract which has been delayed in publication due to repeated sponsor reviews, which seem to be directed toward modifying some conclusions in the report. You then receive a low personnel performance rating. When you inquire, you are told that your writing skills are inadequate, and your management recommends that you take remedial writing training. This occurs during a year when you have a number of articles published both in national professional journals and in popular science journals.
ï You and your coworkers are told by your management that henceforth, as a matter of course during all field assignments, you and your colleagues will have to work extensive overtime without either overtime pay or comp time. When you raise an objection, your management tells you that otherwise the consulting organization that you work for will lose the contract because labor costs would be too high (they obtained the contract by underbidding). Implicit is the threat of layoffs. (An analog for technical workers of 'speedup on the assembly line'.)
ï As a general gesture in apparent retaliation against your efforts to abide by professional ethical guidelines, travel funds are withheld when you are already committed to give a professional paper at a national meeting.
ï You have teamed up with some biologists in an experiment to examine whether exposure to electromagnetic fields leads to excess cancer or other adverse health effects in laboratory animals. Representatives of People for the Ethical Treatment of Animals heckle you when you give a presentation on this work at a professional meeting.
ï Here's a recent explicit example of harassment from
APS "Whats New": "SECRECY: REASON FOR LIFTING SECURITY CLEARANCE IS A SECRET!
After he published papers cleared by Argonne National Lab and based entirely
on public information, DOE security officials lifted Alex DeVolpi's clearance
(What's New 19 April 96). They won't tell him why because
he doesn't have a clearance. But he thinks he knows. In a letter
to Secretary of Energy Hazel O'Leary, DeVolpi points out that officials
have censored or classified half of everything he's written on plutonium
demilitarization. DeVolpi suspects it's a coverup going all the way
back to the results of a 1962 test supposedly involving reactor grade plutonium.
His fellow gadfly, Hugh DeWitt at Livermore, who was charged with a security
infraction for quoting open congressional debates, has had his infraction
suspended by Secretary O'Leary pending review." (quoted from What's
New for June 14, 1996, by Robert L. Park, American Physical Society).