SHRM Poll: Organizational Whistle-blowing—Reporting Unethical and Illegal Behavior in the Workplace March 25, 2011 Key Findings • • • • How do organizations inform employees about how to report unethical and/or illegal behavior? The top two methods that organizations use to let their employees know how to report unethical and/or illegal behavior are the employee handbook/company intranet (85%) and newemployee orientation (70%). What channels do organizations use for reporting unethical and/or illegal behavior? Among organizations that encourage specific methods for reporting questionable behavior, the vast majority encourage employees to contact HR (85%). The next two most frequently offered channels for reporting unethical and/or illegal behavior are contacting the reporting employee’s direct supervisor (65%) and contacting other senior management (53%). About two out of five organizations (41%) offer an ethics hotline as a channel for reporting unethical and/or illegal behavior within the organization. How do organizations respond to reports of unethical and/or illegal behavior? More than four out of five organizations (83%) indicated that all reported allegations are investigated, and 17% indicated that reported allegations are investigated on a case-by-case basis. Who investigates reports of unethical behavior or illegal activity? The largest percentage of respondents indicated that HR investigates reported unethical behavior (89%) and illegal activity (86%). The next most often cited responsibility for investigating reported unethical behavior and illegal activity is senior management (53% and 56%, respectively). Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 2 How does your organization generally inform employees about how to report unethical and/or illegal behavior in your organization? 85% In the employee handbook or on company intranet 70% During new-employee orientation 35% In communications (e.g., written, e-mail, verbal) from HR 31% Through posters or brochures displayed in staff areas In communications (e.g., written, e-mail, verbal) from the organization’s CEO, president or owner 22% In communications (e.g., written, e-mail, verbal) from the organization’s ethics officer, compliance officer, audit function or organizational ombudsman 20% 14% In communications (e.g., written, e-mail, verbal) from direct supervisors During employee training 6% In communications (e.g., written, e-mail, verbal) from the organization’s legal counsel 6% 2% In policies in addition to employee handbook documentation Other 0% 3% 10% 20% 30% 40% 50% 60% 70% 80% 90% Note: n = 356. Percentages do not total 100% due to multiple response options. Excludes responses of “N/A, my organization does not currently have a formal communication method regarding this type of reporting." ”During employee training" and “in policies in addition to employee handbook documentation" were recoded from write-in responses for "other." Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 3 How does your organization generally inform employees about how to report unethical and/or illegal behavior in your organization? Comparison by Selected Organizational Demographics Differences Based on Organization’s Operations Location Differences Based on Union Status Differences Based on Organization Staff Size Differences Based on Organization Sector Nonunion 87%) > union (70%) In the employee handbook or on company intranet Multinational operations (77%) > U.S.-based operations only (66%) During new-employee orientation Through posters or brochures displayed in staff areas In communications (e.g., written, e-mail, verbal) from the organization’s CEO, president or owner Multinational operations (42%) > U.S.-based Union (42%) > nonunion operations only (26%) (28%) Multinational operations (33%) > U.S.-based Union (34%) > nonunion operations only (17%) (21%) 2,500 to 24,999 employees (82%) > 1 to 99 employees (53%) 2,500 to 24,999 employees (48%) > 1 to 99 employees (12%), 100 to 499 employees (17%) 25,000 or more employees (74%) > 1 to 99 Publicly owned for-profit employees (12%) , 100 to (56%) > privately owned 499 employees (17%), 500 for-profit (23%), nonprofit to 2,499 employees (31%) (24%), government (25%) 2,500 to 24,999 employees (32%) > 100 to 499 employees (13%) 25,000 or more employees (56%) > 1 to 99 employees (14%), 100 to 499 employees (13%), 500 to 2,499 employees (21%) Note: Blank cells indicate that there were no significant differences in this category. Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 4 How does your organization generally inform employees about how to report unethical and/or illegal behavior in your organization? Comparison by Selected Organizational Demographics (continued) Differences Based on Organization’s Operations Location Differences Based on Union Status Differences Based on Organization Staff Size Differences Based on Organization Sector 2,500 to 24,999 employees (43%) > 1 to 99 employees (8%), 100 to 499 employees (12%), 500 to 2,499 employees (17%) In communications (e.g., written, e-mail, verbal) from the organization’s ethics officer, compliance officer, audit function or organizational ombudsman Multinational operations (32%) > U.S.-based Union (38%) > nonunion operations only (15%) (17%) In communications (e.g., written, e-mail, verbal) from direct supervisors In communications (e.g., written, e-mail, verbal) from the organization’s legal counsel Multinational operations (16%) > U.S.-based Union (12%) > nonunion operations only (1%) (5%) 25,000 or more employees (37%) > 1 to 99 employees (8%), 100 to 499 employees (12%) 25,000 or more employees (37%) > 1 to 99 employees (9%), 500 to 2,499 employees (12%) 2,500 to 24,999 employees (12%) > 100 to 499 employees (1%) 25,000 or more employees (22%) > 1 to 99 employees (2%), 100 to 499 employees (1%) Note: Blank cells indicate that there were no significant differences in this category. Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 5 What methods does your organization encourage employees to use when reporting unethical and/or illegal behavior in your organization? Contacting HR 85% Contacting direct supervisor 65% Contacting other senior management 53% Using the organization's ethics hotline 41% Contacting the organization’s ethics officer, compliance officer, audit function or organizational ombudsman 31% Contacting the organization's CEO, president or owner 28% Contacting the organization’s legal counsel 14% Through employee surveys 12% Using the suggestion box or other employee suggestion program 11% Other 4% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Note: n = 361. Percentages do not total 100% due to multiple response options. Excludes responses of “N/A, there are no specific methods that employees are encouraged to use to report unethical or illegal behavior.” Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 6 What methods does your organization encourage employees to use when reporting unethical and/or illegal behavior in your organization? Comparison by Organization Staff Size • Using the organization’s ethics hotline (by staff size): In general, the larger the organization staff size, the more likely organizations are to encourage the use of the organization’s ethics hotline. Larger organizations (those with 2,500 or more employees) were more likely than smaller organizations (those with 2,499 or fewer employees) to report that they encourage employees to contact the organization’s ethics hotline. Smaller Organizations •1 to 99 employees (2%) •100 to 499 employees (23%) •500 to 2,499 employees (49%) • Larger Organizations •2,500 to 24,999 employees (79%) •25,000 or more employees (89%) Differences Based on Organization Staff Size Larger organizations > smaller organizations Contacting the organization’s ethics officer, compliance officer, audit function or organizational ombudsman (by staff size): Larger organizations (those with 2,500 or more employees) were more likely than smaller organizations (those with 1 to 99 employees) to report that they encourage employees to contact the organization’s ethics officer, compliance officer, audit function or organizational ombudsman to report unethical and’/or illegal behavior. Smaller Organizations •1 to 99 employees (12%) Larger Organizations •2,500 to 24,999 employees (52%) •25,000 or more employees (48%) Differences Based on Organization Staff Size Larger organizations > smaller organizations Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 7 What methods does your organization encourage employees to use when reporting unethical and/or illegal behavior in your organization? Comparison by Organization Staff Size (continued) • Contacting the organization’s legal counsel (by staff size): Larger organizations (those with 2,500 to 24,999 employees) were more likely than smaller organizations (1 to 99 employees) to report that they that they encourage employees to contact the organization’s legal counsel. Smaller Organizations • 1 to 99 employees (5%) Larger Organizations •2,500 to 24,999 employees (26%) Differences Based on Organization Staff Size Larger organizations > smaller organizations Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 8 What methods does your organization encourage employees to use when reporting unethical and/or illegal behavior in your organization? Comparison by Selected Organizational Demographics Differences Based on Organization’s Operations Location Using the organization’s ethics hotline Contacting the organization’s ethics officer, compliance officer, audit function or organizational ombudsman Contacting the organization’s legal counsel Differences Based on Union Status Differences Based on Organization Sector Multinational operations (65%) > U.S.-based operations only (31%) Union (50%) > nonunion (28%) Multinational operations (25%) > U.S.-based operations only (9%) Publicly owned for-profit (26%) > nonprofit (7%) Note: Blank cells indicate that there were no significant differences in this category. Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 9 Generally, how does or would your organization respond to reports of unethical and/or illegal behavior in your organization? 90% 83% 80% 70% 60% 50% 40% 30% 17% 20% 10% 0% All reported allegations are investigated (formally or informally), regardless of type of infraction, credibility of allegation, availability of resources, etc. Reported allegations are investigated (formally or informally) on a case-by-case basis, depending on the nature of the allegation (e.g., type of infraction, seriousness of allegation, credibility of allegation, etc.) Note: n = 358 . Excludes responses of “not sure/don’t know.” Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 10 Generally, how does or would your organization respond to reports of unethical and/or illegal behavior in your organization? Comparison by Selected Organizational Demographics Differences Based on Union Status All reported allegations are investigated (formally or informally), regardless of type of infraction, credibility of allegation, availability of resources, etc. Reported allegations are investigated (formally or informally) on a case-by-case basis, depending on the nature of the allegation (e.g., type of infraction, seriousness of allegation, credibility of allegation, etc.) Differences Based on Organization Staff Size 2,500 to 24,999 Nonunion (90%) > union employees (95%) > 100 (80%) to 499 employees (74%) 100 to 499 employees Union (20%)> nonunion (26%) > 2,500 to 24,999 (10%) employees (5%) Note: Blank cells indicate that there were no significant differences in this category. Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 11 Generally, who investigates (or would investigate) reports of unethical and/or illegal behavior in your organization? 89% 86% HR 53% 56% Senior management 32% The organization’s legal counsel 48% 21% 21% The organization’s compliance officer 14% 13% The organization’s ethics officer 10% 13% The organization’s audit function 6% Outsourced to another firm or outside attorney Law enforcement 3% The organizational ombudsman 3% 2% 12% 29% 4% 6% Other 0% 10% 20% Unethical behavior (n = 382) 30% 40% 50% 60% 70% 80% 90% 100% Illegal activity (n = 374) Note: Percentages do not total 100% due to multiple response options. Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 12 Generally, who investigates (or would investigate) reports of unethical behavior in your organization? Unethical Behavior: Comparison by Selected Organizational Demographics Differences Based on Organization’s Operations Location Senior management U.S.-based operations only (57%) > multinational operations (41%) The organization’s legal counsel Multinational operations (41%) > U.S.-based operations only (29%) Differences Based on Union Status Differences Based on Organization Staff Size Differences Based on Organization Sector 500 to 2,499 employees (13%) > 1 to 99 employees (1%) 2,500 to 24,999 employees (26%) > 1 to 99 employees (1%), 100 to 499 employees (8%) The organization’s ethics officer Multinational operations (28%) > U.S.-based Union (27%) > nonunion operations only (8%) (12%) 25,000 or more employees (37%) > 1 to 99 employees (8%) The organization’s compliance officer The organizational ombudsman 25,000 or more employees (37%) > 1 to 99 Publicly owned for-profit employees (1%), 100 to (29%) > privately owned 499 employees (8%) for profit (9%) 2,500 to 24,999 employees (32%) > 1 to 99 employees (8%) Multinational operations (6%) > U.S.-based operations only (1%) Publicly owned for-profit (7%) > privately owned for profit (1%) Note: Blank cells indicate that there were no significant differences in this category. Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 13 Generally, who investigates (or would investigate) reports of unethical behavior in your organization? Unethical Behavior: Comparison by Selected Organizational Demographics (continued) Differences Based on Organization’s Operations Location The organization’s audit function Law enforcement Differences Based on Union Status Differences Based on Organization Staff Size Differences Based on Organization Sector Union (18%) > nonunion (9%) Publicly owned for-profit (7%) > privately owned for profit (1%) Note: Blank cells indicate that there were no significant differences in this category. Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 14 Generally, who investigates (or would investigate) reports of illegal behavior in your organization? Illegal Behavior: Comparison by Selected Organizational Demographics Differences Based on Organization’s Operations Location Differences Based on Union Status Differences Based on Organization Staff Size Senior management U.S.-based operations only (60%) > multinational operations (46%) 1 to 99 employees (73%) > 500 to 2,499 employees (47%), 2,500 to 24,999 employees (39%) 2,500 to 24,999 employees (64%) > 1 to 99 employees (30%) The organization’s legal counsel Multinational operations (63%) > U.S.-based operations only (42%) 25,000 or more employees (63%) > 1 to 99 employees (30%) 2,500 to 24,999 employees (21%) > 1 to 99 employees (3%) The organization’s ethics officer Multinational operations (26%) > U.S.-based Union (28%) > nonunion operations only (8%) (10%) 25,000 or more employees (33%) > 1 to 99 employees (3%), 100 to Publicly owned for-profit 499 employees (9%), 500 (24%) > privately owned to 2,499 employees (9%) for profit (9%) 2,500 to 24,999 employees (30%) > 1 to 99 employees (9%) 25,000 or more employees (41%) > 1 to 99 employees (9%) The organization’s compliance officer The organizational ombudsman Differences Based on Organization Sector Multinational operations (5%) > U.S.-based operations only (1%) Publicly owned for-profit (21%), government (23%) > privately owned for profit (8%) Note: Blank cells indicate that there were no significant differences in this category. Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 15 Generally, who investigates (or would investigate) reports of illegal behavior in your organization? Illegal Behavior: Comparison by Selected Organizational Demographics (continued) Differences Based on Organization’s Operations Location Differences Based on Union Status Differences Based on Organization Staff Size Differences Based on Organization Sector 500 to 2,499 employees (13%) > 100 to 499 employees (1%) Law enforcement 25,000 or more employees Government (51%) > Union (42%) > nonunion (19%) > 100 to 499 privately owned for profit (27%) employees (1%) (24%) Note: Blank cells indicate that there were no significant differences in this category. Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 16 Does (or would) your organization award financial incentives (e.g., spot awards, bonuses) to employees who report unethical and/or illegal behavior in your organization? Yes, 3% No, 97% Note: n = 336. Excludes responses of “not sure.” Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 17 During the past 12 months, have you personally observed misconduct that you thought violated your organization’s ethics standards, company policy or the law? Yes, 20% No, 80% Note: n = 372. Excludes responses of “not sure.” Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 18 Has your organization implemented policy and procedural changes related to whistle-blowing on unethical and/or illegal behavior in the past 12 months or is it planning to in the next 12 months? 60% 55% 50% 40% 39% 30% 20% 7% 10% 0% Yes, we have already implemented policy and procedural changes Yes, we are planning to implement policy and procedural changes in the next 12 months No, we have no plans to implement policy and procedural changes Note: n = 321. Excludes responses of “not sure.” Percentages do not total 100% due to rounding. Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 19 Has your organization implemented policy and procedural changes related to whistle-blowing on unethical and/or illegal behavior in the past 12 months or is it planning to in the next 12 months? Comparison by Selected Organizational Demographics Differences Based on Organization’s Operations Location Yes, we have already implemented policy and procedural changes Multinational operations (49%) > U.S.-based operations only (35%) No, we have no plans to implement policy and procedural changes Differences Based on Organization Staff Size 2,500 to 24,999 employees (52%) > 100 to 499 employees (27%) 25,000 or more employees (65%) > 1 to 99 employees (29%), 100 to 499 employees (27%) 100 to 499 employees (67%) > 500 to 2,499 employees (44%) Note: Blank cells indicate that there were no significant differences in this category. Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 20 Demographics: Organization Industry Industry Manufacturing—other 14% Health care, social assistance (e.g., nursing homes, EAP providers) 12% Services—professional, scientific, technical, legal, engineering 10% Financial services (e.g., banking) 8% Educational services/education 7% Government/public administration—federal, state/local, tribal 6% Retail/wholesale trade 6% Other services (e.g., nonprofit, church/religious organizations) 4% Transportation, warehousing (e.g., distribution) 4% Note: n = 374. Percentages do not total 100% due to rounding. Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 21 Demographics: Organization Industry (continued) Industry Insurance 3% High-tech 3% Construction, mining, oil and gas 2% Consulting 2% Publishing, broadcasting, other media 2% Manufacturing—auto/auto-related 2% Real estate, rental, leasing 2% Services—accommodation, food and drinking places 2% Utilities 2% Arts, entertainment, recreation 1% Association—professional/trade 1% Biotech 1% Telecommunications 1% Pharmaceutical 1% Other 5% Note: n = 374. Percentages do not total 100% due to rounding. Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 22 Demographics: Organization Sector Privately owned for-profit organization 49% Nonprofit organization 21% Publicly owned for-profit organization 20% Government sector 10% 0% 10% 20% 30% 40% 50% 60% Note: n = 352. Excludes “other” organization sectors. Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 23 Demographics: Organization Staff Size 50% 40% 30% 30% 23% 23% 20% 17% 8% 10% 0% 1 to 99 employees 100 to 499 employees 500 to 2499 employees 2500 to 24999 employees 25000 or more employees Note: n = 349. Percentages do not total 100% due to rounding. Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 24 Demographics: Other Does organization have U.S.-based operations (business units) only or does it operate multinationally? U.S.-based operations 70% Multinational operations 30% Note: n = 385 Single-unit company: A company in which the location and the company are one and the same. 30% Multi-unit company: A company that has more than one location. 70% Note: n = 384 • 15% of organizations indicated that employees at their work location were unionized. Note: n = 374 Is your organization a single-unit company or a multi-unit company? Are HR policies and practices determined by the multi-unit corporate headquarters, by each work location or both? Multi-unit headquarters determines HR policies and practices 54% Each work location determines HR policies and practices 1% A combination of both the work location and the multi-unit headquarters determine HR policies and practices 45% Note: n = 274 Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 25 SHRM Poll: Organizational Whistle-blowing—Reporting Unethical and Illegal Behavior in the Workplace Methodology • • • • Response rate = 15% Sample comprises 390 HR professionals randomly selected from SHRM’s membership. Margin of error is +/- 5% Survey fielded January 6-14, 2011 For more poll findings, visit: www.shrm.org/surveys Follow us on Twitter: http://twitter.com/SHRM_Research Organizational Whistle-blowing - Reporting Unethical and Illegal Behavior in the Workplace | ©SHRM 2011 26
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