Update on DOJ Whistleblower Pilot Program

Author: Bill Coffin

The DOJ is incentivizing individuals to report corporate crime while also encouraging companies to invest in strong internal reporting structures.

– Nicole M. Argentieri

Principal Deputy Assistant Attorney General, Department of Justice

On Sept 17, Principal Deputy Assistant Attorney General Nicole M. Argentieri discussed the Department of Justice’s Corporate Whistleblower Awards Pilot Program at NYU School of Law’s Program on Corporate Compliance and Enforcement. You can find a full transcript of her remarks here.  

“Companies play a critical role as the first line of defense against corporate crime,” Argentieri said. “That is why we are focused on corporate accountability and corporate enforcement policies that create strong incentives for companies to take compliance seriously.”  

The DOJ Whistleblower Pilot Program rolled out on August 1, 2024 as a three-year effort to reward employees who voluntarily report corporate misconduct to federal authorities. That is, offering information or assistance (that has not already been uncovered by other agencies’ whistleblower programs) leading to civil or criminal forfeitures.   

This DOJ’s pilot program joins similar initiatives by the Securities and Exchange Commission, the Commodities Futures Trading Commission, and the Financial Crimes Enforcement Network and aims to cover the full extent of corporate crime that those agencies do not cover.  

Retaliation and Speaking Up 

Programs such as this have been an important tool by which law enforcement investigates and prosecutes corporate wrongdoing. The reward for speaking up acknowledges that too often, those who speak up against misconduct suffer professionally for it. “It takes courage to stand up and say when something isn’t right, says Ethisphere Chief Strategy Officer Erica Salmon Byrne, “But all too often, we meet these acts of integrity and accountability with suspicion and resentment.”  

Even though the DOJ Whistleblower Pilot Program does not include anti-retaliation provisions, it is an issue the Department takes very seriously. “Let me be clear: our prosecutors will protect whistleblowers’ identities to the fullest extent allowable under law,” Argentieri said during her NYU remarks. “And if a company retaliates against a whistleblower, we will take all appropriate steps: the company will lose credit for cooperation and remediation and could face sentencing enhancements — and even prosecution — for obstruction of justice.”  

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The Speak-Up Gap

According to Ethisphere data, 93% of employees say they would report workplace misconduct if they witnessed it. But when the moment of truth arrives, only 50% actually report. The most common reasons cited are fear of retaliation and professional harm.  

This delta between intent to report and actual reporting is what Ethisphere calls the speak-up gap. The Whistleblower Pilot Program is meant to help address that unfortunate reality.  

What this means for companies is that the DOJ is incentivizing individuals to take advantage of both internal and external whistleblowing avenues when it comes to reporting misconduct.  

“We are not only incentivizing individuals to come forward and report corporate crime to the department,” Argentieri said. “We are also incentivizing companies to invest in strong internal reporting structures and to report crime when they learn about it.” This includes giving greater rewards t companies that voluntarily report misconduct within 120 days of discovering it, and before the DOJ reaches out to the company. 

To learn more about how your organization can advance speak-up culture, please visit the Ethisphere Resource Center for a host of free policy examples, best practices reports, interviews, and more.  

Follow Ethisphere on LinkedIn and join the conversation on why good ethics is good business. 

The Whistle Blower Process

The Whistleblower Process: 1. Whistleblower Submits Tip to DOJ, 2. Tip Analysis / Review, 3. Investigation, 4. Prosecution, 5. Conviction / Resolution, 6. Final Forfeiture, 7. Notice of Covered Action Posted, 8. Whistleblower Files Claim, 9. Review / Analysis of Claim, 10. Award Determination and Notification

Source: U.S. Department of Justice

How Do I Make the Case for Appointing a Chief Compliance Officer? 

Author: Erica Salmon Byrne, J.D.

Your org chart sends a message—what are you telling employees and stakeholders if you don’t have someone dedicated to business integrity at the C-level?

– Erica Salmon Byrne, J.D.

Chief Strategy Officer and Executive Chair

Not every company has a formally designated Chief Compliance Officer, but as Ethisphere Chief Strategy Officer Erica Salmon Byrne points out, this is a critical step of your ethics and compliance maturity journey, and making the case for a CCO is definitely a case worth making.  

This is a question that often comes from companies that have people who are working on compliance, but there isn’t someone with the title of Chief Compliance Officer. There are two aspects to the answer to this question, and it is important to be able to answer both when making the case for the organization to create a CCO position. 

The first aspect is benchmarking. Part of the case to be made for appointing a Chief Compliance Officer comes from looking at other organizations in your industry, market, size, geography, or revenue and seeing the extent to which they have someone who is appointed Chief Compliance Officer (or Chief Ethics Officer, or Chief Integrity Officer, or something comparable). Is there the presence of someone with that kind of senior title that is related to this particular set of responsibilities? There is a lot of data on that in The Sphere, which will show the extent to which companies have someone with that Chief title, depending on the industry or sector. 

The second aspect is more philosophical: why should you even have a Chief Compliance Officer in the first place? You probably have a head of internal audit, or a Chief Audit Officer. You probably have a head of human resources, or a Chief HR Officer. Maybe you have a Chief Technology Officer or a Chief Product Officer.

If you have all of these other C-level positions that are responsible for these particular functions and you don’t have somebody with that title who is working on business integrity—and making sure that employees have the tools necessary to do their jobs in the way the company needs them to—then you are subtly telling employees what matters to the business.

As we like to say here at Ethisphere, your org chart sends a message. So the question becomes: What message are you sending internally and externally if you don’t have someone who is designated at a senior level who is responsible for business Integrity? 

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What about dual-hatting? 

At a lot of companies there is a person who fills this role, but who also serves as the General Counsel. We warn against such “dual-hatting,” because at the end of the day, being the Chief Compliance Officer and being the General Counsel those are both full-time jobs. If somebody is wearing both hats, then they’re doing neither job with all of their time and attention. They may have people who are junior to them who are designated to take on pieces of those jobs, but again, that sends a message about how the company thinks about this particular role. 

That is why it is heartening to see that about 40% of compliance officers report outside of the Legal function, either directly into the CEO, Chief Operating Officer, Chief Administrative Officer, or somewhere along those lines. That is reflective of an increasing understanding that the whole purpose of an organization’s three lines of defense against misconduct (employees are the first line, compliance and other control functions are the second line, and audit is the third line). It is important to make sure that you are devoting the right amount of time, energy, attention, budget, and seniority to that compliance role and designating the title appropriately.

Tone at the Top: Top Ways for Leaders to Advance Ethics and Compliance

Tone at the top is essential to a robust ethics and compliance program, with strong leadership driving a culture of integrity and accountability.

Strong ethics is good business. Organizations with robust ethics and compliance practices outperform.

Senior executives play a major role in fostering a culture of compliance. Executives set an example for all employees on ethical leadership. Their actions show business priorities. They also demonstrate how the company’s values become real actions.

How can we engage senior leaders to communicate about ethics and compliance effectively and genuinely? In this blog, we explain how.

What is Tone at the Top and Why is it Important?

The phrase “Tone at the Top” refers to the climate of ethics in an organization as established by the Board and senior executives. Compliance leaders use the term to discuss how senior executives promote business integrity.

The tone from the top is important for setting expectations in an organization. It shows why following the code of conduct matters. It also helps ensure that business practices align with the organization’s values and principles. In short, doing business the right way.

If you’re looking to convince your senior executives about the importance of tone at the top, here are three good reasons:

1.     Ethics is Good Business: Tone at the top is essential to a robust ethics and compliance program. And those who have strong programs and practices, outperform. Case in point: the publicly traded World’s Most Ethical Companies outperformed comparable peers by 12.3% over the past five years.

2.     It’s Important to Employees: By 2025, 27% of the workforce will be Gen Z – this demographic wants to work for organizations with strong values and a commitment to social issues. Leaders drive these qualities and priorities.

3.     It Fosters a Robust Culture: Senior executives model business integrity through transparency, accountability and collaborative decision-making. This provides a model for all leaders and fosters an environment where employees feel comfortable speaking up.

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The Foundations of Building an Effective Culture of Compliance
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Tone at the Top: Steps for Success

Once you’ve got your executive team on board, how do you help them foster tone at the top? Here are some tips:

•  Vary Messaging: Leaders should communicate about ethics, compliance, and company values as part of planned and unplanned events. Provide speaking points so they can integrate stories and key points into their conversations. Ethics and compliance should become a natural part of your leadership’s tone and talk tracks.

•  Reach all Audiences: In most companies, not all employees sit at desks with a computer. How do you make sure you reach all your workforce, from those in the office to those in the field and factory floor? The key is to use different messengers, messages, and modalities to communicate to employees across the organization.

For example, a mining company changed the content of communications by audience. Their truckers and miners received safety, anti-corruption, and environmental communication. The financial teams received accurate records, bribery, anti-corruption, and other role-focused messages. Although the content was different, all communications featured the company values.

•  Use Many Voices: The CEO isn’t the only one responsible for setting tone at the top. The voice of ethics has to be consistent across the executive team to have impact and credibility. As such, you should feature a broad range of executives in communications to ensure employees recieve the message from different voices.

For example, the Chief Human Resources officer can speak about harassment and discrimination; the Chief Legal Officer can share stories about the importance of anti-corruption; the top Sales executive can discuss gifts and entertainment. Hearing these messages from a range of executives helps to reinforce that the organization takes ethics and compliance seriously.

•  Make it Real: Use storytelling, company examples, and case studies to add impact to messaging. As an ethics and compliance professional, you can provide examples for leaders. Ensure that they focus on ‘lessons learned’. Have them share what went well, such as how an employee spoke up when they saw something that wasn’t right.

Encourage leadership to share personal stories from executives. Ask them to share stories about ethics. For example, they could talk about a colleague who demonstrated strong values and the impact it had. They could also discuss an ethical dilemma they faced and how they dealt with it.

Addressing Key Challenges to Cultivating Tone at the Top

At Ethisphere, we recognize the World’s Most Ethical Companies®–we see a lot of senior leaders who believe in ethics and compliance and are actively amplifying the importance of business integrity. This approach, however, isn’t always the case. What can you do to get your team on board?

A few tips:

•  Align to Business Strategy. Look at your organization’s top goals and consider how ethics and compliance can be a boost to the bottom line. For example: if a goal is to attract new talent, share data about the importance of ethics to employee groups you are looking to recruit. There is great data (including Ethisphere’s Ethics Premium) that validates that strong ethics is good business.

•  Make it Easy: As we all know, executives are busy, so if you can do the work to develop and provide assets for executive comms teams, it will go a long way to ensure success. At Ethisphere, we offer a range of communications, tools and resources to enable executives to easily get the word out – including sample blog posts, emails, clever cartoons, and more.

•  Share Examples: Provide examples of how other leaders are sharing their organization’s values and commitment to integrity. Microsoft’s Satya Nadella’s Blog on Security, that aligns key business strategy and the organization’s commitment to trust. CareFirst launched a publicly available ‘Speak Up’ report that shares the organization’s—and the CEO’s—commitment to ethical behavior and transparency.

•  Track Results and Report Back: If you share a video of the CEO on the intranet and it resonates with employees, share that data with the executive team. Employee surveys like an ethical culture assessment, offer important insights and data that shows how employees feel about leadership and their commitment to tone at the top.

Ethics and compliance teams typically run lean and going the extra mile to get senior leadership involved can add effort to an already lengthy list of deliverables. However, engaging executives to amplify the importance of doing business with integrity reaps endless rewards. After all, everyone wants to work for an organization that has purpose, accountability, and ethics.

Learn more about Ethisphere’s Ethical Culture Accelerator assessment and library of ready-to-go content, including a newly released Kit focused on Senior Leader Communications.

You’ve Measured Your Ethical Culture… Now What?

Author: Douglas Allen.

Culture surveys are one of the most fundamental tools that organizations can employ as part of their efforts to measure, analyze, and transform their workplace into bastions of integrity. Whether an organization is new to conducting speak-up culture surveys, or whether it does them often, knowing what to do after the survey results come in is just as important as getting those results in the first place.

You can’t really advance your ethical culture unless you measure it. Communicating post-assessment learnings is key to making meaningful cultural improvements

– Douglas Allen

Vice President, Data Strategy

You can’t really advance your ethical culture unless you measure it. Otherwise, how will you know where your strengths and opportunities lie?

For many companies, the start of this process is a culture assessment that surveys perceptions of their speak-up culture. Such surveys can deliver a ton of helpful data, but communicating post-assessment learnings and action plans can make the difference between an exercise that doesn’t really change anything and one that can help an organization take a meaningful step forward on its ethics and compliance maturity journey.

But this is easier said than done. As a matter of fact, the work we do here at Ethisphere to measure ethical cultures across organizations and around the world has identified that there is not a discrete activity that one should think about in terms of measuring culture. Really, it is a journey. It is a life cycle.

That is true whether you’re planning for your assessment, conducting the measurement, analyzing results, informing key stakeholders, or moving into actually improving and transforming your culture. If any piece of that puzzle is not sufficiently planned, if it’s not paid attention to, you risk falling short in your efforts to measure and improve your speak up culture.

As a tool to measure speak-up culture, surveys are pretty ubiquitous—one look at the data from the World’s Most Ethical Companies certainly supports that. But organizations then need to take the time to think strategically about how to take those results in order to get that information into the right stakeholders’ hands at the right time to ensure full support in order to make cultural improvements a reality. Organizations that do that will find themselves in the best position to succeed.

These Things Take Time

A great question we get from a lot of companies is what kind of time horizon does it take not only to conduct a culture assessment, but all of the long-term work that comes after? The unsatisfactory answer to that is: it depends on the type of organization in place. What are the ways decisions are made? What sort of influence does the compliance team have internally to get things done? What’s the relationship with HR and other on-the-ground stakeholders in getting the message out in various modalities?

A lot of factors are at play in terms of how long you should begin to think about in terms of preparing for measuring your own culture. When we partner with organizations, we usually allocate three months or so to ensure that we have enough time to sufficiently plan, measure and assess.

Looking to the inform phase of the process, where we see many organizations fall short is whether they are thinking through their survey’s data points strategically, and ensuring those insights get into the right hands to affect transformational change. With that in mind, here are a few points to consider:

How soon can you get the information out to the various stakeholders? Who are these stakeholders? And what’s the required messaging for each? The information you provide to your board on what you found in your latest effort to measure speak-up culture may vary dramatically versus what your division leaders get, or what all employees will receive.

That “all employees” group is often overlooked, by the way. When you measure your speak-up culture, don’t neglect turning that information around and putting it back in the hands of your entire workforce as soon as you can. Not necessarily a full readout of what you found, but really make sure that you capitalize on the effort you just undertook and get some key opportunity data, some key insights, and some summary findings from that effort and put them back into the employees’ hands. Take that opportunity to thank them for speaking out, speaking up, and participating in this effort.

Often times, organizations lean heavily on surveys as a mechanism by following up with all employees who did have a chance to partake and quite frankly, were candid in answering questions that could be considered sensitive and directly addressed people’s ability to speak up comfortably (e.g., What do you think about your manager? What do you think about senior leadership?). Really take the time to thank them for that: “We received your message. Thank you for participating. Here’s what we saw. Here’s what you told us. Here’s what we plan on doing about it. Here are some suggestions of what we want to do with this information in order to make ourselves a better a better place to work and a better place to be.”

This gives employees a sense of comfort that they have been heard. And secondly, it builds goodwill for future efforts to measure, knowing that when they do speak up and participate, that they will be heard and things will change as a result.

Data Both Confirms and Reveals

Sometimes when organizations measure their culture, what they expect to find and what they actually find might not line up in a positive way. Simply put, the organization may think it is stronger in some areas than it actually is, or weaknesses are revealed that were not noticed before. Sometimes, organizations react poorly to this and downplay the results, or simply don’t share them as way to contain bad news.

Short of any sort of technological malfunction in the survey process that would credibly give doubt to the reliability of what you just measured, there is not a single legitimate reason why an organization wouldn’t want to get its survey results—no matter what story they tell—into stakeholder hands to begin the journey of improvement.

A lot of the concern in situations where folks are concerned about what the data is telling them stems from the organization having insufficiently preparing leaders and stakeholders before the survey went out to let them know what changes may be coming.

Whatever decisions or action plans that you think will be put forward as a result of your survey results, let your C-suite and business division line leaders in particular know that this effort is forthcoming, what you plan on measuring, what you want to find out, and what questions will be asked. That will give folks a chance to buy into the process and weigh in. Ideally, they can support your communications strategy when you are ready to send the message out to your broader employee base to participate in this type of assessment. But it also prepares them to receive the data, and to act and improve on what they’ve found.

If you don’t take the time to prepare key people internally, that the survey is coming and what you plan on doing with the date you receive, then you won’t really know how key decision-makers will respond. Advance planning really gets ahead of that concern when and if poorer-than-desired results come in, and gives you a head start on what to do about those results.

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Ethical Culture
The Foundations of Building an Effective Culture of Compliance
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On Communicating Results

There is no one perfect way to communicate the results of a culture survey. It is different for every organization. So how, then, can those who oversee the survey process best work with their internal communications department to make sure that when the results come in, the communications or the storytelling that comes afterwards is optimized?

This really comes down to whether there is an existing positive relationship between ethics and compliance and their allied support functions, including communications. When your results come in, depending upon the scope with which you have measured and the potential urgency with which the data suggests you should act, you will need to rely on your partners to get buy-in; to get the message out; and to get the sufficient authority to ensure that whatever action plans come out of this, the folks who are responsible for them will be held accountable for their outcomes.

That will require working with human resources to see what mechanisms are in place to perhaps bake in some of these action plan outcomes into performance considerations for key leaders to consider as key performance indicators for individuals across the company, to elevate this to a high enough level that it reaches strategic importance.

Your communications folks will be instrumental. At almost every organization that undergoes a culture survey, there is an opportunity to improve the communications around some dimension of the survey results, whether its at the team level or the enterprise level. It is essential that you are able to rely on your communications team to help you do that. For those organizations that don’t have those communication resources on hand, Ethisphere provides a rich content library that ethics and compliance professionals can draw from to help their outreach efforts. This includes manager toolkits, the EthiToons series of humorous visual messaging, and other turnkey resources. Ethics and compliance leaders can use, modify, and rebrand these resources as they need to, in order to get them into the hands of their people leaders to facilitate conversations on organizational justice, for example, or how to feel comfortable in reporting amongst their team members.

Once again, this is an area where, if you prepare the communications team in advance of what’s coming, they will certainly appreciate the heads-up that they will be needed in three, four, or five months’ time, and can even collaborate with you on assembling a messaging content library beforehand. Any time you can dedicate thought to advance planning, that will only set you up for success down the road.

Examples from the Field

Some companies, once they get their survey results, go about the communications or storytelling aspect of this in a really innovative or effective way and get a head start in improving their culture. But for many organizations, this is an area where they tend to struggle. And it can be very difficult to improve on that if they don’t have some outside perspective on it.

There is one example we often cite where an organization, upon seeing the results of our culture assessment, noticed that the perceptions of the senior leadership team—both in demonstrating integrity in their speech, as well as their actions—was lacking. In particular, the speech component really surprised this organization. The CEO in question said, “How can this be? We make it a point to discuss integrity at the forefront of every town hall meeting. We spend time on integrity as a core value and why it’s so important and what we do about it. How can these numbers be so low?” We came to discover that although the CEO was correct in that the message was consistently delivered through things like town halls, when we looked at the attendee data for these town hall meetings or other venues in which integrity is being discussed by the senior leadership team, they were only being attended by less than 10% of the organization.

When following through and looking at whether folks are actually receiving the message, you may have this beautifully crafted message and the right personnel delivering it. But if no one’s on the receiving end, it’s all for naught. So when you look at that, ask yourself if the modality you’ve selected to deliver this message is appropriate. Is it being received? Is the messenger the right person to deliver this message? Is the message itself crafted in a way that’s easily understood? Given the audience’s regional accommodations, education levels, and experience levels, are you able to deliver your message to them in a way that is most easy for them to acknowledge that it has been received?

Messaging is a two-part process: both the delivery of the message and understanding if that message is being received. When this is done well, it really shines in terms of improving your culture metrics.

Measurement as a Cyclical Process

The organizations that tend to get the best results from a culture assessment do not approach it as a once-and-done engagement, but rather routinely examine, measure, analyze and transform their culture as part of an ongoing maturity journey.

Taking a snapshot provides a look at how your employees perceive speak-up culture, how they perceive integrity, and how they perceive the values of the organization at a particular moment in time. It is far more effective to take a lifecycle view of these things. Every organization is at some point on their culture measurement journey. What about your culture do you wish to measure? How will you execute your measurement effort? How will you analyze the relevant insights you capture? How will you determine what good looks like, and how will you assess yourself against that benchmark? And then, how will you get the insights you’ve gathered into the heads and hands of your employees, key leaders, and Board in a way that is appropriate for them? What will it take to align everyone around the action plans to improve and transform your culture, based on what you have seen in the data and communicated?

After that, the cycle repeats. Any organization that begins their journey with that cycle in mind tends to set themselves up for long-term success. There are always bumps along the way, and for organizations that are engaging on this for the first time, it’s a big lift. Developing a credible survey is challenging. Getting buy-in to secure time on everyone’s calendar to take the survey is challenging. There are competing interests and even competing engagement surveys. Meanwhile, the organization needs to hit its quarterly numbers, folks take vacation, and simply finding the time on everyone’s schedule when they are already quite busy can be a huge challenge. But again, this is why it is best to position this effort as part of a broad, long-term way to add value through the continuous monitoring and improvement of the culture. That is a great way to set yourself up for success out of the gate.

Frequency and Timing

How often organizations typically undergo culture assessments varies. Some that are farther along on their maturity journey, and have the ability, might do it on an annual basis. This is not the majority, however. A more common schedule is every 18 to 24 months as part of a multi-year curriculum that focuses on various topics in a dynamic way that can account for the findings of previous assessments.

Year One companies might start with a full assessment of the eight pillars of ethical culture—the eight key themes or topics that act as the foundation of any culture of integrity. In Year Two, start with a full assessment of those eight pillars.

Year Two might be best thought of as a pulse check on what was found in Year One. It’s a chance to go deeper into those areas of opportunity that were identified in Year One, as well as to check in on your remediation efforts. This can happen almost in real time with a three-question pulse survey on specific issues (e.g., how your team in the Midwest is doing based upon what you saw from their higher-than-normal or higher-than-anticipated levels of pressure) or more broad concerns (e.g., how employees generally feel pressure in the workplace).

That cadence is a way to keep a more regular take on perceptions without overburdening the organization with huge company-wide survey efforts every 12 months (which for many teams simply wouldn’t be helpful or may prove overly costly from a resource headcount or FTE hours spent taking surveys).

Something worth considering—and there is no easy answer for this—is how to maintain the internal knowledge of what you’ve been measuring in between assessments when personnel might change during that time. This is something every team should ask themselves. It may come down to how robust the team’s succession plan is and how they’re developing their own internal talent pipeline. Many ethics and compliance teams are very thinly staffed, so it may just come down to getting sufficient documentation as you go through the assessment process to safeguard on the learnings being lost between assessments.

As ethics and compliance professionals, it’s incumbent on us to make sure that we leaving our successors with the right information to continue to carry the torch forward with improving our cultures. But that will depend on team structure, bench depth, and other factors. Until best practices emerge on this, it remains a good topic to consider and for which to share success stories.

To connect with the Ethisphere Culture team and learn how you can measure and elevate your organization’s culture, please click here. For further reading, check out the 2024 Ethical Culture Report, and the special report, The Eight Pillars of an Ethical Culture.

ABOUT THE AUTHOR

Doug Allen is the Vice President of Data Strategy at Ethisphere, where he leads benchmarking, certification, and partnership efforts. He has extensive experience with providing compliance-and ethics-related advisory services, including developing compliance and ethics risk assessments, codes of conduct, corporate policies and procedures, and communication and training curriculum plans.

What Approach to Corporate Integrity are you Taking?

Author: Erica Salmon Byrne, J.D.

Managers steer the moral compass of the company. Training people leaders to act on misconduct is essential to encouraging a speak-up culture.

– Erica Salmon Byrne, J.D

Chief Strategy Officer
and Executive Chair

“Ethics may start at the top,” says Erica Salmon Byrne, Chief Strategy Officer and Executive Chair, Ethisphere and the Business Ethics Leadership Alliance, “but managers steer the moral compass of the company. Training people leaders to appropriately act on conveyed misconduct is essential to encouraging a speak-up culture.”

Erica’s comments are a compelling call-out in the EY Global Integrity Report 2024, which presents the findings from EY’s survey of nearly 5,500 board members, senior managers, managers, and employees in a sample of large organizations and public bodies in more than 50 countries and territories around the world. The report notes four key trends that ethics and compliance professionals should note: 

  • 38% of respondents say they would behave unethically to advance their own career
  • 25% of workers, 51% of senior managers, and 67% of board members say they would behave unethically for their own benefit
  • 65% of board members and 57% of senior management feel pressured to not report misconduct
  • 54% of global respondents say employees do not understand their own compliance policies

A major aspect of addressing these trends is understanding how or approach integrity as an organization. According to the report, 22% of organizations take an integrity-first approach, in which management really speaks out about the importance of integrity and the policies and programs enacted to turn those words into meaningful action. Another 23% of organizations take a policy-driven approach, relying mainly on a procedural, rather than a cultural, mindset to advance organizational integrity. Nearly half (49% )of organizations suffer from a “say-do” gap, wherein how executives speak about integrity doesn’t fully align with how the organization acts to operationalize integrity.

Notably, the number of “integrity-first” respondents dropped from 32% to 22% since EY’s last integrity report in 2022. EY explains that this might be because some companies may feel that they have sufficient integrity policies and programs in place and therefore leadership no longer feels the need to personally champion integrity so much. This is a step backward from best practices, however. EY notes that there are four ways an organization should consider to build a people-centered, integrity-focused organization. 

Lead from the top. 

As mentioned earlier, there is substantial room for improvement when it comes to senior leaders and Board members to demonstrate their personal commitment to ethics and integrity. “The more employees see leaders standing up for them and taking concrete action in response to reports of misconduct, without retaliation, the more likely they are to report wrongdoing when they observe it,” the report says.

Ethisphere Insight: EY makes an excellent point about the power of speak-up culture to support cultures of integrity. According to Ethisphere data, 93% of employees are willing to report misconduct, but only 50% actually do when the moment of truth arrives. Download a copy of Ethisphere’s 2024 Ethical Culture Report here to learn how you can close your organization’s speak-up gap.

Strong Ethics is
Good Business
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world’s most
ethical companies
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Design and implement a structure to execute strategy. 

Establish sound governance by aligning roles and responsibilities, establishing clear accountability, breaking down silos to allow the free flow of information, and building trust through transparency.

Ethisphere Insight: Not every organization has a Chief Compliance Officer, or even a standalone compliance function. To learn more about how to make the case for a Chief Compliance Officer, check out this special episode of the Ethicast here.

Strengthen a culture of integrity across the organization. 

Integrity is a team effort, and compliance is not a stand-alone function. Embed ethics and compliance standards into daily operations and procedures, work with leadership to establish compliance KIPs across the organization, and establish compensation structures that reward ethical behavior.

Boost awareness, training, and communication. 

These three items are at the top of leadership agendas to address integrity risk, but in the meantime, leaders need to communicate clearly (and frequently) exactly why integrity matters to the organization. When employees understand how integrity imparts a business advantage, compliance comes naturally. 

To read the full EY Global Integrity Report 2024, click here. And for a wealth of helpful resources to advance your own organization’s culture of business integrity, sign up for Ethisphere’s Resource Center All-Access Pass here.