CORPORATE SCANDALS AND SPOILED IDENTITIES: HOW ORGANIZATIONS SHIFT STIGMA TO EMPLOYEES Danielle E. Warren Abstract: I apply stigma-management strategies to corporate scandals and expand on past research by (a) describing a particular type of stigma management strategy that involves accepting responsibility while denying it, (b) delineating types of stigma that occur in scandals (demographic versus character), and (c) considering the moral implications of shifting stigmas tbat arise from scandals. By emphasizing the distinction between character and demographic stigma, I make progress in evaluating the moral implications of shifting different types of stigma. New York Attomey General Eliot Spitzer bas said publicly that be did not charge Merrill Lynch & Co. with crimes related to its analysts' conflicts of interest this year because he did not want to risk killing the firm. (Hockstader, 2002: EOl) Organizations are motivated to avoid stigmas because they lead to negative organizadonal outcomes such as loss of investors, drop in stock price, difficulty attracdng customers, reducdon in sales, and employee turnover (Elsbach, 1994; Elsbach, Sutton, & Principe, 1998; Marcus & Goodman, 1991; Sutton & Callahan, 1987). Sutton and Callahan describe how negadve reacdons from the organizadon's environment lead to an increased probability of bankruptcy and organizadonal death. Scandals, an example of a sdgma-producing event, threaten to spoil the organizadon's idendty. As Marcus and Goodman (1991: 284) explain, "Scandals are disgraceful or discreditable occurrences that compromise perpetrators' reputations." Thus, organizadons are motivated to avoid scandals and the threat of sdgmas. Management researchers provide a comprehensive examination of communicadon strategies used by organizadon spokespersons to avoid or midgate the effects of a negative event and subsequent harm to organizadonal idendty. These tacdcs include concealing informadon about the event, emphasizing posidve organizadonal attributes, redefining the situadon for the organizadon's audience, withdrawing from the organization's audience, accepting responsibility for the event, and denying responsibility (Dutton & Dukerich, 1991; Elsbach, 1994; Elsbach & Kramer, 1996; Elsbach et al., 1998; Marcus & Goodman, 1991; Sutton & Callahan, 1987). © 2007. Business Ethics Quarterly, Volume 17, Issue 3. ISSN 1052-150X. pp. 477-496 BUSINESS ETHICS QUARTERLY As it is currently discussed in the management literature, the strategy of accepting responsibility for a scandal is distinct from that of denying responsibility, which involves blaming the environment, top managers, or employees who no longer work for the firm (Boeker, 1992; Gundlach, Douglas, & Martinko, 2003; Sutton & Callahan, 1987). In this article, I expand on these two tactics by considering situations where the organizational leaders accept responsibility by shifting the stigma to a subset of the organization or a specific organizational member. I describe how organization spokespeople target not only those who were involved in the scandal but also those who were not. Understanding this process and the subsequent transfer of stigma is important for not only protecting the interests of employees, but also the development of policies associated with assignment of responsibility and subsequent litigation for corporate wrongdoing. I begin by reviewing literature on stigma including its various types, how it is applied to business research, and its relationship to controllability. This review is followed by a discussion of stigma-management strategies in which an extension of existing theory is presented. This discussion continues with a focus on the process of shifting stigma to a subset of the organization with a focus on the exploitation of informational asymmetries. I consider how prosecutorial incentives augment the likelihood that this process will occur and end by considering the moral concerns and policy implications of stigma-management strategies used by organizations involved in scandals. Stigma Goffman explains that stigmas "refer to an attribute that is deeply discrediting" (1963: 3) and discusses three forms, characterized as physical, demographic, and character. The first form, physical, focuses on bodily abnormalities. Demographic stigma, the second form, includes social categorizations such as ethnicity and religion. The third form, character stigma, is described by Goffman as "blemishes of individual character perceived as weak will, domineering or unnatural passions, treacherous and rigid beliefs, and dishonesty" (1963: 4). Of the three forms of stigma, character and demographic are the most relevant to the subject of scandals in business organizations. Demographic stigma captures the stigma of belonging to a discredited social category such as an industry (e.g., the tobacco industry) or organization (e.g., innocent employee of Enron) while character stigma captures instances when a specific organization identity (e.g., Enron) or employee identity (e.g., Fastow) exhibits behavior that is considered discrediting such as dishonesty or unfair practices. Organizations and Employee Identity Organization identity, in this paper, refers to both the perceptions of the organization members (Dutton, Dukerich, & Harquail, 1994; Pratt & Foreman, 2000), as well as perceptions of those outside the organization (Elsbach & Kramer, 1996; CORPORATE SCANDALS AND SPOILED IDENTITIES Scott & Lane, 2000; Sutton & Callahan, 1987). According to Elsbach and Kramer (1996: 442), "an organization's idendty reflects its central and distinguishing attributes, including its core values, organizadonal culture, modes of performance and products." A scandal poses a threat to this identity because it involves events that potendally contradict the organizadon's claims regarding values, culture or the quality of the organizadonal products, which may cause negadve reacdons from the organizadon's audience. The organizadon's audience refers to the members of the organizadon as well as the stakeholders who possess an ongoing interest in the organizadon (Scott & Lane, 2000; Sutton & Callahan, 1987). Sdgma threats in business have been studied at populadon levels, such as groups and organizadons, as well as at the individual level. Past studies examine the effects of organizadonal idendty threats on organizadonal members (Dutton and Dukerich, 1991; Dutton et al., 1994; Elsbach and Kramer, 1996; Sutton and Callahan, 1987), while others focus on the threats of social group sdgmas on individuals (Crocker, Comwell, & Major, 1993; Crocker, Voekl, Testa, & Major, 1991; Heihnan, Block, & Stathatos, 1997; Weiner, Perry, & Magnusson, 1988). The focus, in many cases, is on the relation between the population's idendty and the individual's idendty. Few management studies, however, examine processes whereby sdgma is intendonally shifted inward, towards specific members of the group, in an attempt to avoid spoiling the organizational idendty. Uncontrollable and Controllable The conceptualizadon of sdgma in this paper differs from blame, although the two may often coexist in the case of organizadonal scandals. While sdgma captures the discrediting effects of the blame that the organizadon or the employee experiences, those who are not blamed for the scandal's events may still experience a demographic stigma. This disdnction between sdgma and blame resembles the difference between stigma and responsibihty, or controllability, as it is referred to in the psychology literature. Few studies in management recognize differences in types of stigma (physical, character, demographic) as it relates to nodons of personal responsibility (controllable, uncontrollable), but the psychology literature emphasizes this distinction (Crocker et al., 1991; Crocker et al., 1993; Weiner et al., 1988). Weiner, Perry, and Magnusson (1988: 739) describe controllable sdgmas as those involving a "lack of personal effort or will" and uncontrollable stigmas as those involving a "lack of aptitude or externally imposed barriers." This definidon of controllability bears similarity to Goffman's descripdon of character stigmas, which involved a weak will. Psychologists note the strong alignment between character stigmas and perceptions of controllability (Crocker et al., 1993; Weiner et al. 1988). Conversely, demographic stigmas can be characterized as uncontrollable if the circumstances that lead one to fall into a particular social categorizadon are beyond the control of the individual (e.g., ethnicity, gender, age) or controllable if the social categorizadon is the result of personal choice (e.g., membership in certain sdgmatized groups). BUSINESS ETHICS QUARTERLY For instance, if an individual joined a firm that already possessed a stigma, then the employee may experience a controllable demographic stigma. Altematively, if an individual were a member of a well-regarded firm that subsequently suffered a scandal, then this demographic stigma would be considered more of an uncontrollable than a controllable stigma. Perceptions of controllability may be shifted from controllable to uncontrollable when new infonnation is presented. Weiner, Perry, and Magnusson (1988) provide the example of when perceptions associated with AIDS were shifted from controllable to uncontrollable, once audiences received information on how the syndrome spread through blood transfusions and from mother to child. The ability to shift the perception of controllability is important when one considers the negative consequences associated with controllable stigmas. The difference in how controllable and uncontrollable stigmas are perceived is best described in the research of Weiner, Perry, and Magnusson (1988), who studied perceptions stemming from ten different stigmas. They found the degree to which study participants perceived a stigma as "controllable" affected judgments related to pity, liking, anger, and desire to help a stigmatized individual. The authors believe their findings have serious consequences for gaining govemment support, public assistance, or charity to aid those who possess stigmas that are perceived as "controllable." Whether the stigma is considered controllable or uncontrollable also influences the personal assessment of those who are stigmatized. Crocker, Comwell, and Major explain that character stigmas, which are often viewed as controllable, can cause self-blame and low self-esteem. They theorize that "[i]ndividuals with stigmatizing conditions that are controllable may recognize that their stigma leads to negative outcomes yet blame themselves for having the stigma. Thus, they may feel responsible for negative outcomes that are associated with the stigma and blame themselves rather than others" (Crocker et al., 1993: 67). As will be discussed later, this has important implications for manipulating those who are stigmatized and shifting blame for a scandal. In the business literature, Cannella, Fraser, and Lee (1995) tested the difference in labor market reactions to controllable and uncontrollable stigmas. In a study of managers from failed and non-failed banks, tbey found post-failure reemployment was twice as likely for managers when the bank's failure was deemed outside the manager's control than for managers from other failed banks (Cannella, Fraser, & Lee 1995). One can interpret these findings as suggesting that the labor market responds more favorably to managers who suffer uncontrollable demographic stigmas than managers who are associated with the firm's failure and are possibly suffering from controllable character stigmas. In short, past research suggests that when a scandal occurs, employees who suffer a character stigma, which is more often associated with controllability, may receive more negative outcomes (i.e., less opportunity for reemployment, less public support, less pity, less charity) than employees who suffer an uncontrollable stigma CORPORATE SCANDALS AND SPOILED IDENTITIES such as demographic. In the remainder of the paper, I explain how organizadon spokespeople are adept at manipulating impressions of employee character by exploidng informadon asytnmetries such that the targeted employees are more likely to experience a character stigma than a demographic stigma. Stigma-Management Strategies The outcomes of organizadonal sdgma can be devastadng for a firm. Arthur Andersen, a focus of recent discussions regarding organizadonal survival in the face of a scandal, saw the effects of stigma even prior to any indictments (Ackman, 2005; Hockstader, 2002; Toffler, 2003). As Ackman explains, "the direat of indictment sent clients scurrying and essentially destroyed Andersen's prospects as an auditor, because auditors are in the business of selling their reputadons for integrity and probity" (Ackman, 2005). The stigma associated with such a scandal can spark a chain of events involving financial difficulties, bankruptcy, and death that begins and ends prior to any formal legal proceedings regarding firm responsibility for the scandal. In an effort to avoid stigmas and protect against organizadonal failure, organization leaders and spokespeople employ sdgma-management strategies. Given that stigma is the result of some discrediting event or trait, an organization may face a stigma for a muldtude of reasons, including poor performance, affiliadons, disasters, accidents, and scandals. Empirical evidence suggests the organizational audience perceives types of sdgma differently and that these differences affect the success of the stigma-management strategies. In the most comprehensive examination of managing sdgma by organizadons, Sutton and Callahan (1987) studied organizations facing sdgma associated with bankruptcy. Using inductive research, Sutton and Callahan (1987) describe the stages through which an organizadon proceeds when faced with the stigma of bankruptcy. The stages of stigma management involve (1) concealing the financial circumstances, (2) defining the situadon for the audience, (3) denying responsibility, (4) accepdng responsibility, and (5) withdrawing from the audience. When a firm is facing a scandal, however, not all strategies are available. The nature of a bankruptcy allows for the blaming of external factors such as economic trends but responsibility for scandals is not easily denied. Marcus and Goodman (1991) found empirical support of this in a study of crises, which included scandals, accidents, and health and safety incidents. The authors exatnined stock market reacfions to firms' strategies and found, for scandals, accommodative signals from management (i.e., accepting responsibility, admitting problems, and taking actions to remedy the situadon) resulted in better market responses than defensive signals (i.e., denying die problem, alleviadng doubts about thefirm'sfinancial outlook, and actions to resume normal operations). Scandals, according to the authors, involve organizadonal breakdowns and failures and are not the failure of systems due to human error, which are more characterisdc of accidents and are thus easier to deny BUSINESS ETHICS QUARTERLY than scandals. Marcus and Goodman explain that "[r]esponsibility for a scandal is hard to deny because the events usually are the result of faults and misdeeds" (1991:284). Similarly, in a study of the cattle industry, Elsbach (1994) found that acknowledgements were more effective than denials for protecting organizational legitimacy. She explains that acknowledgements were effective because "most cattle industry controversies involved scandals or product-safety crises that were perceived to be the result of dehberate organizational actions" (1994: 72). Thus, Elsbach's interpretation conesponds with the theory presented by Marcus and Goodman (1991). Findings for both studies suggest that organizations facing scandals are better off acknowledging or accepting responsibility for the actions related to the scandal. Research outside the scandal literature also suggests that blaming the environment is not an effective strategy for afirm suffering from poorfinancial performance. Siegel and Brockner (2005) analyzed chief executive officer letters to investors and found, under conditions of prior poorfirm performance, that a chief executive officer's use of extemal self-handicapping (blaming extemal factors) had a negative effect on chief executive officer compensation and firm valuation. They reason that perceptions of controllability affect valuation of the firm and the chief executive officer. Siegel and Brockner explain, "When prior performance is negative, the CEO who claims an extemal handicap may simply be viewed as someone who identifies obstacles to performance but does nothing to ameliorate these problems" (2005: 16). These authors, however, do not consider that organizations can acknowledge faults and misdeeds within the organization yet redirect such responsibility to a subset of the organization (e.g, a branch office) or a failure of a specific employee. Warren (2006) suggests that organizations may create ethical subgroups to carry out the "dirty work" of the organization. She provides the example of an organization that quietly condones its marketing workgroup's use of deceptive advertising practices. If the practices were exposed, the organization could claim that the group acted without the organization's approval and shift blame for the practices onto the marketing group. For instance, a quieter, less known account of the bankruptcy of Barings Bank suggests Leeson did not have the ability to single-handedly destroy the Barings Bank because his actions required the knowledge and implicit consent of other organizational members, including upper management. Reports suggest that upper management was wamed of dangers associated with Leeson's autonomy in Singapore a year before his losses were realized, but that management did nothing to rectify the situation because Leeson appeared to be eaming a great deal for the organization (Miller, 1995). According to these accounts, Leeson provided an easy and available target for stigma and explaining the collapse of Barings Bank. The existence of subgroups presents a unique form of accepting responsibility in that the organization is both accepting and denying responsibility for the scandal. The organization spokespeople admit that wrongdoing occuned, but claim that the wrongdoing was isolated to one or two individuals, and that the organization as a CORPORATE SCANDALS AND SPOILED IDENTITIES whole was not an accomplice in the wrongdoing. In some instances, the organizadon spokesperson attempts to claim that the organizadon was actually a vicdm of the wrongdoing. For example, in the apparel industry, when poor labor pracdces are revealed in the producdon of a specific clothing label, organizadons are quick to shift the sdgma to the subcontractors and distance themselves from them (Phillips and Caldwell, 2005). Due to the inter-firm reladonship, such situadons provide a rare opportunity in which responsibility is shifted to a subset that is technically outside the firm. Past empirical research suggests that organizafional scandals are best managed through the acceptance of responsibility, which can produce a controllable character sdgma for the organizadon. The past research, however, has not considered strategies that shift the responsibility, and the subsequent sdgma, to a subset of the organizadon or to employees who are not top managers. In the next secdon, I consider possible targets for the sdgma. Possible Employee Targets In the last secdon, I discussed how the sdgma-management strategies are limited for scandals and that shifdng the sdgma to an organizadonal subset or an employee allows the organizadon to deny responsibility and save the orgatiizadon's idendty. The quesdon remains, whom should the organizadon target? In this secdon, I consider diree types of employees that may be targeted while acknowledging others may exist. Those who break the law or parficipate in unethical activides while employed by the organizadon are easy targets for receiving the blame and the subsequent sdgma. These employees threaten the organizadon's idendty, and as a result, the organizadon's leaders are modvated to both emphasize the difference between the organizadon's idendty and the wrongdoer's idendty and to shift attendon away from the organizadon. Sutton and Callahan (1987) found that some organizadon spokespeople, in the "deny responsibihty" phase, blame a previous organizadon member such as a former leader. In a related literature on impression management, there is a well-established tendency to attribute organizadonal performance to a specific orgatiizadonal member such as the chief execudve officer or top managers (Boeker, 1992). This literature suggests that some shift inward may occur fiom the chief execudve officer to up per management. Boeker's research on scapegoadng provides evidence that firms suffering from poorfinancial performance with powerful chief executives are more likely to replace the managers who report to the chief execufive than replace the chief executive. Thus, the sfigma of the poor financial performance is shifted to the top managers who report to the chief execudve. This approach to accepdng responsibility is a matter of shifdng a potenfial controllable character sdgma from the organizadon to a specific individual. BUSINESS ETHICS QUARTERLY The finance literature offers further evidence of these practices, regardless of the managers' actions. When Poulsen and Khanna (1995) compared two samples of firms, one facing bankmptcy protection and another experiencing improved performance, they found that the managers' actions did not differ over a three year period, yet managers belonging to firms facing bankmptcy protection were fired. The top managers received the stigma for the financial failure despite acting the same as managers in firms that improved financially. Unlike financial crises, the top managers are not the only employees at risk of receiving stigma when a scandal occurs. Unless the scandal involves specific chief executive officer actions, such as extravagant purchases or embezzlement, top management may lack knowledge of the wrongdoing. If the investment community was unaware of any wrongdoing, top management may try to claim the same. For instance, Kenneth Lay, former chief executive officer of Enron, claimed he was unaware of the criminal behavior in his organization and some may find these claims persuasive (Swartz, 2003). While it is difficult to blame a bankmptcy on a low-ranking employee, scandals and accidents may be caused by any employee, regardless of rank or position in the organization. Yet, the management literature does not fully explore shifting stigma to an employee who is not upper management. The closest example is found in research on whistleblowing (Gundlach et al., 2003; Miceli & Near, 1997; Parmerlee, Near, & Jensen, 1982). Gundlach, Douglas, and Martinko (2003) explain how organizations may use impression management as a response to the pressures of whistleblowers who threaten to expose wrongdoing. While they theorize that such defensive impression management may involve shifting perceptions and attributions such that organizational blame is mitigated, they do not specifically address the possibility of shifting attributions of blame to an employee or, more specifically, to the whistleblower. Legitimate whistleblowers pose a threat to the organization by revealing information that discredits the organization's identity. Since the whistleblower threatens to reveal information that spoils the organization's identity, the organizational leaders have reason to discredit the individual through retaliation, which may involve defamation of character (Parmerlee et al., 1982). The organizational leaders are motivated to make the whistleblower appear as either (1) a poor source of information or (2) a participant in the wrongdoing. Depending on the circumstances, the latter may be possible because whistleblowers possess a certain level of exposure to the wrongdoing, and as a result, this necessary proximity to unethical behavior may allow the organization to shift blame to the whistleblower. Just as an individual may blow the whistle on an innocent organization for reasons of revenge (Miceli & Near, 1997; Parmerlee et al., 1982), organization spokespeople may engage in reverse whistle blowing for opportunistic reasons, even though the employee is not involved in wrongdoing. It is also conceivable that innocent employees, with no intention of whistleblowing, can be targets of stigma due to their proximity to the wrongdoing. Goffman CORPORATE SCANDALS AND SPOILED IDENTITIES (1963) addresses the process of contaminafion in criminology. He explains, "a person wanted for arrest can legally contaminate anyone he is seen with, subjecdng them to arrest on suspicion" (1963: 47). The process of criminal contaminadon is particularly important when considered in conjuncdon with the organizadon's access to informadon regarding the employee. In understanding organizadonal accidents, Hoffmann and Stetzer explain, "[t]here are clear parallels between this tendency to blame, or use as a scapegoat, the individuals most proximal to an accident, and the fundamental attribution error" (1998: 644). The fundamental attribudon error is a psychological tendency that causes individuals to overesdmate the effects of individual factors and underesdmate situadonal factors when determining the cause of an event or behavior (Ross & Anderson, 1982). Those who are close to the wrongdoing may be blamed simply because they are available targets for attribufions. In the next section, I consider how organizadon spokespeople may shift sdgma to an employee by exploiting the informadon asymmetry that exists between the organizadon and the employee. Exploiting Information Asymmetry When a firm experiences a scandal, the organizational audience wants to understand what happened, and any information released by the organization, either formally or informally, mayfill diis void. Gundlach, Douglas, and Martinko (2003: 113) explain, "the absence or presence of some account for wrongdoing behavior may be more important in exacerbafing or attenuadng its perceived damage than the impact of the act itself." Organizadons are well posifioned to formally disseminate informadon that protects their idendty because communicadon channels are an important aspect of managing identity under normal circumstances. Researchers assert that organizadons maintain legidmacy and a posidve organizadonal idendty through media communicadon and meefings with consdtuents (Dutton & Dukerich, 1991; Elsbach, 1994; Elsbach & Kramer, 1996; Scott & Lane, 2000; Sutton & Callahan, 1987). Most of the whistleblowing literature focuses on the information that employees possess about the organizadon and when employees disclose such informadon (Miceli & Near, 1997). While some employees may have access to valuable informadon regarding organizational operations, organizations possess valuable informadon regarding employees, the means to collect new informadon, and the channels for disseminadng it. Organizadons not only have access to employee informadon, but also serve as the primary source of reference on an employee's character at work. The employee, however, is only one source of reference, among many, on an organizadon's character. Thus, the organizadon's access to informadon, coupled with its role as a primary source of informadon on employee character, creates an informadonal asymmetry, which presents significant opportunities when discrediting the employee. In this section, I consider the type of employee information BUSINESS ETHICS QUARTERLY an organization possesses and then consider the use of such information when an organization is facing a scandal. Employee Character Assessment of character rehes upon the perceptions and judgments of others. In most instances, character claims may only be verified by speaking to those who know the individual well. This system of character reference may be viewed as an opportunity for significant social influence by those supplying the reference. The individual or group supplying character references may shift not only extemal perceptions of a focal individual but also how the focal person perceives him or herself. For instance, an individual who views him or herself as generous but whom others claim is greedy, may falter in his or her own perception of personal character. Empirical evidence in psychology suggests that false feedback about performance will affect individuals' judgments of their abihties (Elaad, 2003). Given the employees' reliance on the organization for reference of character at work,' the organization exerts significant social influence in not only extemal reference of character but also in employee evaluations of self. The longer an employee works for an organization, the more infonnation that organization is able to accumulate. An employee of ten years will present the organization with more opportunities to collect information on changes in salary, performance in work tasks, conflicts with work colleagues, and illnesses than an employee who works for an organization briefiy. Even if past employers characterize the employee positively, the organization's spokesperson may claim that it is the best reference of the employee's current work behavior. The longer the employee has worked for the organization, the more convincing the claim. The organization's role as an evaluator of an employee's competence puts the organization in an ideal position for manipulating how the orgatiization's audience perceives the employee. Personal Information Organizations also have access to confidential personal information, which adds to their ability to shift stigma, if need be, to the employee. In typical employment arrangements, organizations receive access to medical records,financial infonnation as well as information on previous employment and credentials (Woodman, Ganster, Jerome, McCuddy, Tolchinsky, & Fromkin, 1982). This act of disclosure on the part of the employee is a requirement to receive salary, benefits and acceptance into the organization. The employee completes federal forms for pay, reveals health-related information for medical and life insurance, and discloses any criminal convictions. Some organizations also require dmg-testing or medical exams. Control over an employee's financial information can extend beyond salary when organizations partner withfinancial institutions, which provide employees with special resources for mortgages, education loans, and car purchases. Studies on the use of organizational information and employee privacy provide insight into the employee's perspective of the information used by their organiza CORPORATE SCANDALS AND SPOILED IDENTITIES don. Woodman et al. (1982) examined the use of employee personal informafion in five mulfinadonal corporafions and found that employees underesfimate the amount of personal informadon on certain issues, such as medical history, stored by their organizadons. Despite this underesdmadon, employees are still concerned about the use of informadon, especially disclosures to sources outside the organizadon (Woodman et al., 1982). Woodman et al. find "[t]hose outside pardes deemed most proper to receive personal informadon from their company were courts with subpoenas, local or state governments, and the IRS. However, even here only 56 percent of the respondents thought it was proper to release informadon to courts with subpoenas" (1982: 658). Thus, employees are not in agreement on matters regarding the way in which the organization releases personal information, even in situadons where subpoenas are issued. Personal employee informadon, however, has been misused by organizadons to protect the organizadon's idendty (Elangovan & Shapiro, 1998). Kiger reports, "Employers have even been known to ask a whistleblower to seek counseling and then use the person's mental health records as evidence of instability" (2001: 61). Collected Information In cases where the organizadon does not possess discredidng informadon, it has the resources to hire private investigators and consultants to collect negadve personal informadon (Hwang and Gevelin, 1996; Kiger, 2001). For instance, in the case of Jeffrey Wigand, the highest-ranking manager to blow the whisde on the tobacco industry, his former employer. Brown & Williamson, attacked his character in the media and in court. According to Enrich, "the company even publicized unsubstandated allegadons of shoplifdng and domesdc abuse from Wigand's past" (2001: 70). Brown & Williamson also accused Wigand of flooding the offices of a previous employer, scoured his doctoral dissertation for plagiarism, and researched all possible inaccuracies on past resumes (Hwang & Gevelin, 1996). Corporate Interviews Whatever informafion is not available in employeefiles may be obtained for the organizadon through employee interviews with corporate lawyers. These interviews present a considerable advantage for the organizadon because corporate lawyers can exploit employee lack of knowledge regarding the interview process. The employee may wrongfully assume that the corporate lawyer is collecting information with the intent of protecdng the employee'srights but, in such situafions, the lawyer is acdng on behalf of the organizadon. By not fully disclosing the employee's rights to legal protecdon when an invesdgadon with corporate attorneys occurs, an employee may self-incriminate without understanding his or her right not to do so. Even if the lawyer acknowledges the employee's right to representafion before the interview begins, social familiarity with the corporate lawyers may cause the employee to assume that the reladonship is fiiendly and that the corporate lawyer will protect the employee's interest. Experience working alongside the lawyer on BUSINESS ETHICS QUARTERLY corporate projects may augment a sense that the lawyer is aligned with the interests of the employee. Duggin explains how social attachments negatively affect the employee in situations of intemal investigations: "The more frequently the lawyer has assisted the company with sound advice and offered legal and moral support at difficult times, the more likely the interviewee is to talk candidly, almost no matter what counsel says" (Duggin 2003: 995). Thus, the employee's relationships with those in the organization cause an inappropriately high level of trust that the employee's interests are protected. These situations present organizations with rich opportunities to gain valuable infonnation for shifting stigma. In short, the more time an employee spends with an organization, the more organizational social influence the employee will experience, engendering the growth of greater social attachments. When the organization suggests that the employee receive counseling or meet with corporate lawyers, the employee is likely to respond favorably, even when it is in his or her best interest to not follow such suggestions. Thus, the organizational leaders have multiple means for transferring character stigma by exploiting information asymmetries. In the next section, I consider a factor that augments the likelihood that organizations will shift stigma to a subset of the organization. Contributing Factors In the last section, I considered the ways in which organizations exploit information asymmetries. In this section, I assert that prosecutorial incentives augment the likelihood that an organization will exploit these asymmetries and shift stigma to an employee. While media communication is important for managing perceptions of investors, customers and other stakeholders, an organization's communication with prosecutors is critical to the shifting of blame to escape or evade criminal charges. Laufer (1999,2002) discusses the practice of "flipping" whereby the organization tums over culpable employees in an attempt to mitigate organizational blame. Legal scholars note an increase in corporate cooperation with prosecutorial investigations since the passing of the U.S. Sentencing Guidelines in 1991, which provide leniency in sentencing when organizations demonstrate self-reporting of wrongdoing (Duggin, 2003; Laufer, 1999, 2002, 2003). This incentive was strengthened with the adoption of the 2004 Amendments to the Sentencing Guidelines (Hess, McWhorter, & Fort, 2005). In order to expedite this shift, the organization may blow the whistle on the employee. In the business law literature, Laufer (2002) discusses the process of reverse whistleblowing (RWB), whereby the organization blows the whistle on an employee as opposed to the typical scenario in which an employee blows the whistle on an organization. Laufer (2002) presents two forms of reverse whistleblowing, consensual and nonconsensual. The consensual form represents situations in which employees agree to be the scapegoat for the organization. Nonconsensual forms of CORPORATE SCANDALS AND SPOILED IDENTITIES reverse whistleblowing involve situafions in which an employee may be associated with the wrongdoing but not deserving of full blame. A commonly understood form of consensual reverse whistleblowing involves organizadonal leaders. Those who hold leadership roles may imphcitly or explicidy agree to receive sfigma for organizadonal failures. According to news accounts, Andersen's chief execudve, Joseph Berardino, attempted to serve as a target for shifting stigma by stepping down from his position with hopes of possibly saving the livelihoods of Andersen employees. In an interview, Berardino said, '"We have a lot of great people who deserve a career and if my sacrifice helps just a few of those, I will feel really good about what I've done today'" (Lou Dobbs Money- line, 2002). This willingness to accept such responsibility is often reflected in the employee's compensadon, which may provide special payments based upon the leader's departure from the firm. Embedded in the nodon of prosecutorial incendves is the avoidance of harsh sentencing and large fines. Following this reasoning, those firms that are unable to absorb the largefines possess an added incendve for shifdng blame. Even prior to the current legisladve incendves to cooperate with prosecutors, some evidence suggested that firms are modvated by financial survival and will use employees to tnidgate financial harm. Cohen's empirical study of corporate crime and sentencing suggests that a firm's financial standing relates to the shifting of blame to employees, even prior to the 1991 Federal Sentencing Guidelines. In a study of sanctioning, Cohen empirically tested the relationship between sancdons, crimes and firm attributes. Using a sample of 961 convicted organizafions, which were almost all convicted firms during the dme period, 1984-1990, Cohen found that firms unable to absorb the fines associated with a corporate crime were more likely to have individual codefendant convicdons. He explains, "individuals are prosecuted and convicted for corporate crimes more often when the corporadon on whose behalf the crime was comtnitted cannot afford to compensate for the harm they imposed" (Cohen, 1996: 409). Furthermore, he found evidence that suggests codefendant convicdons were likely to occur in situadons when the corporadon cooperated with the prosecutors. He condnues, "[t]he fact that cooperativefirms have higher rates of individual codefendant convictions seems to indicate that those firms are willing to let their employees shoulder the blame" (Cohen, 1996: 408). Thus, Cohen's interpretadon of such behavior is that the organizadon leaders shift blame to employees when the financial burden of the crime is high. While Cohen's study does not include data on the means of shifdng blame (e.g., informational asymmetry), the information regarding the corporadon's cooperation in the data suggests that the corporadon was providing the prosecutors with investigative assistance, most likely in the form of information. Thus far, I have described a process of how sdgma may be shifted in a scandal. The quesdon remains, why does this shift matter? I hope to make progress on this quesdon in the next secdon. BUSINESS ETHICS QUARTERLY Moral Considerations In this section, I analyze the moral implications associated with shifting stigma using a procedural principle presented by Moberg (1994). Moberg, drawing on Rawlsian and Kantian theories, asserts that in cases of employee-employee conflict, "any settlement that allocates benefits/burdens unequally must be proportional to the degree of harm and the responsibility of the parties" (Moberg, 1994: 458). I apply Moberg's principle to stigma management, which also involves an allocation of burdens, and consider the moral issues that arise from (1) the type of stigma generated for the targeted employee, (2) the use of corporate investigations to shift stigma, and (3) the corporation's ability to purchase a shift of stigma. Stigma Type Figure 1 depicts two scenarios, which may occur when an organization is faced with the threat of a scandal.^ The first scenario depicts no attempt to shift stigma associated with the scandal, while the second scenario depicts a shift of stigma to an employee or a subset of the organization through the exploitation of informational asymmetries. Scenario 1 Many who express concem about the situations depicted in Scenario 1 often comment on the innocent employees who lose their livelihoods when the firm fails. These employees, some contend, suffer stigmas for their association with their former employer (Ackman, 2005; Hockstader, 2002). Using Goffman's categorization, the employee's stigma would constitute a demographic stigma. While stigmas may be reversed or redirected, as in the case of Andersen, a shift away from the organization can occur too late. For Andersen, the firm's criminal conviction was overtumed in 2005 but the decision, as one reporter comments, "is bittersweet for many former employees, which number fewer than 200 from the once 85,000 workers" (GuUapalli, 2005: A6). Situations such as these raise concems regarding the need to properly assign responsibility for a stigma because the effects can be difficult to reverse. Scenario 2 This scenario involves a shift of stigma away from the organization towards a particular subset or individual whereby only the employee targets receive a stigma, as they would in Scenario 1. The stigma in these circumstances, however, does not stem from an association with a stigmatized group (demographic), but rather, from claims regarding employee flaws and misdeeds (character). Some may argue that the outcomes for the target are the same in both scenarios because regardless of the shift, the target receives a stigma. Researchers, however, have documented an important difference between character and demographic stigma, which relates to negative outcomes for those who are stigmatized. As described at tbe beginning of this article, those who suffer character stigma may CORPORATE SCANDALS AND SPOILED IDENTITIES Demographic Stigma for all employees Organization Loss of . Bankruptcy Organization Stigma Business Death Scenario 1 Organization Stigma Threat Scenario 2 Exploit Character Stigma Organization Asymmetries for Target(s) only Survival Contributing Factors Prosecutorial Incentives Potential Employee Targets Whistleblowers Wrongdoers Uninvolved Employees Figure 1. Two Scenarios for Managing an Organization Stigma Threat receive less opportunity for reemployment, less public support, less pity and less charity than employees who suffer an uncontrollable demographic stigma (Cannella et al., 1995; Crocker et al., 1993; Weiner et al., 1988). Undoubtedly, the worst potenfial outcome associated with character sdgma is prosecudon and convicdon of a crime. Thus, Scenarios 1 and 2 do not have the same effects for the targeted employee because character and demographic sdgmas are associated with different outcomes. Applying Moberg's principle, the burden of a character sdgma is only appropriate when it matches the target's proportion of responsibility for the scandal. Next, I consider how the misuse of corporate interviews may disrupt accurate assessments of responsibility. Corporate Interviews As mendoned earlier, employees may participate in interviews because of social attachments with the corporate attomey. Even those employees who fully understand the seriousness of an interview with a corporate attomey may sdll feel pressure to participate in such an interview without representadon because they fear losing employment. If this is the case, nodons of consent are quesdonable. If employees either reject offers for personal legal representadon because they are not aware that the interview may result in negative consequences or feel some sense of coercion resuldng from a desire to maintain employment, there is reason to quesfion whether BUSINESS ETHICS QUARTERLY the standard for meaningful consent is being met—namely, that consent be fully informed and freely given. Consent is also an issue for reverse whistleblowing. At first, consensual reverse whistleblowing or stigmatization among non-leaders may seem unlikely. It is, however, less surprising when one considers the earlier discussion of asymmetrical information and the organization's inffuence over the employee's sense of character. Warren (2005) explains that, in some situations, individuals do not know organization mles or how to apply them. Organizations can exploit this lack of knowledge and convince the employee that they are worthy of blame, when they are, in fact, not responsible for any wrongdoing. As mentioned earlier, Crocker, Comwell, and Major (1993) found that those suffering from controllable character stigmas were more likely to experience self-blame and low self-esteem. This psychological tendency provides the organization with an opportunity to convince the employee that they caused the scandal and encourage reverse whistleblowing. Again, questions of full information raise concems about consent when reverse whistleblowing occurs. Thus, the misuse of corporate interviews to obtain coerced statements from employees can skew the assessment of responsibility and threaten the equitable distribution of burdens. To the extent that corporate interviews are poorly executed, they provide an opportunity to misdirect assessments of responsibility and the subsequent stigma associated with the scandal. Purchasing Stigma Even if we accept the possibility of fuUy informed, freely given consent to reverse whistleblowing, should it occur? Are such shifts of stigma acceptable if employees are compensated to offset all negative consequences associated with the stigma? Moberg's principle argues for the equitable distribution of burdens based upon actual responsibility, not claims of responsibility. But even if we accept employee claims of full responsibility, it is not clear that the employee deserves all of the burdens. The fact that the problematic behavior occurred within the organization indicates, at the very least, a failure of monitoring. This failure is even more apparent when one considers the earlier discussion of the organization's access to information. Thus, organizations should be held responsible for a lack monitoring of employee behavior and therefore deserve some burdens or negative outcomes associated with a scandal, even if an employee claims full responsibility. Conclusion Authors have discussed organizational responses to scandals (Elsbach, 1994; Marcus and Goodman, 1991), but they have not done so with a specific focus on shifting stigma. Those who study the management of stigma have not done so with a specific focus on business scandals (Crocker et al., 1991; Crocker et al., 1993; Heilman et al., 1997; Sutton & Callahan, 1987; Weiner et al., 1988). I combine these hteratures with the objective of identifying a process of stigma management CORPORATE SCANDALS AND SPOILED IDENTITIES that involves shifdng organizadon sdgma associated with a scandal to an employee or subset of the organizadon. By identifying this process, I hope to draw attendon to the moral implicadons of shifdng sdgma to employees and suggest future direcdons for research. Recent legisladve changes emphasizing corporate cooperadon most likely will only enhance this exisdng corporate motivadon to shift sdgma and the system will become more efficient at prosecudon but possibly less just (Duggin, 2003). Organizadon self-reporfing of intemal wrongdoing lessens or midgates the organizadonal sancdons but, as legal scholars note, possibly threatens the protecdon of individual employees' rights (Duggin, 2003; Laufer, 1999,2002). Duggin explains, "the govemment effecdvely is depudzing 'Corporate America' as an arm of law enforcement at the expense of principles that lie at the core of our adversarial system of jusdce" (Duggin, 2003: 907). Even though lawyers may be encouraged to inform employees of their rights, delivery of this informadon can raise issues. How do we devise a system that does not overlook the obligadons of firms to protect the rights of employees during a fime when large incenfives exist to violate them? Financially ailing firms rely upon bankruptcy protecfion to reorganize their business with hopes of retuming as a healthy, profitable organization. We do not offer a similar mechanism to save organizadons facing scandals. Should there be an analogous program to prevent moral bankruptcy? Such a program would provide organizations and prosecutors a chance to invesdgate and appropriately direct blame without compromising anyone's rights or acting on the pure modvafion of organizadonal survival. Incendves currently exist that promote corporate cooperadon with prosecudon but what is glaringly absent is the incendve to fairly direct blame towards a deserving party. In other words, there are legislative incentives to be fast but not necessarily accurate. At the very least, some sort of outside counsel is needed for employees during corporate investigadons. As a final note on a study measuring the effecdveness of andcipatory impression management in managing audience reacdons to hospital billing, Elsbach et al. explain that [tjhese data suggest that organizations may use anticipatory impression management to avoid accountability and responsibility for tbeir actions. Impression managers employing the tactics described in this paper may divert attention from illegitimate or immoral actions, and elude public calls for accountability for those acdons. (Elsbach et al., 1998: 84) The ending of this research article should serve as the beginning of a research agenda on the moral implicadons regarding sdgma management during scandals. It is difficult to know to what degree organizations successfully shift stigma away from the organizadon to the employee, but a rise in employee, rather than organizadonal, prosecudon would lend support to this shift. Future research should focus on organizadonal and legal intervendons that prevent the wrongful shift of organizadonal stigma to employees. BUSINESS ETHICS QUARTERLY Notes 1. I am not referring to specific letters of reference written by employers but rather employers acting as general sources of information. 2. This model is not meant to be predictive or exhaustive but to serve as a visual aid for discussing moral implications of shifting stigma. References Ackman, D. 2005. Was Arthur Andersen a mistake? June 1: http://www.forbes.com/ services/2005/06/01/cx_da_0601topnews.html. Boeker, W. 1992. Power and managerial exit: Scapegoating at the top. Administrative Science Quarterly, 27: 538-47. Cannella, A. A., Fraser, D. R., & Lee, D. S. 1995. 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