Ted Lockhart's Commentary on "Requested to Falsify Data"
I
The most obvious interpretation of Adam's comments to
Stephanie is that he is directing her to falsify the data so
that the spill appears to be under the limit requiring
reporting to the state. To be sure what he has in mind,
Stephanie might ask him to be clearer about what he wants her
to do. For example, she might ask him exactly what he means by
"rework the numbers." Probably he would resist saying directly
that he is telling her to falsify data, since this would
incriminate him, or at least embarrass him, if the facts were
to come out. Moreover, he might regard her request for
clarification as an attempt to trap him in an illegal or
improper action and this might anger him even more. However, it
would be advisable to try to avoid any misunderstanding about
what she is being directed to do even if she is already fairly
sure.
If it becomes clear that falsifying data is what Adam has in
mind, then Stephanie must weigh her duty to respect
institutional authority, in the person of Adam, against her
duties to conform to the environmental regulations and
generally to protect the safety, health, and welfare of the
general public as well as her duty not to lie or misrepresent
the facts. While it may be true that in this one case a "few
gallons over the limit" would have no discernible negative
effects on the public, Stephanie should consider what the
effects would be if everyone in the industry "bent the rules"
in the way that Adam appears to be demanding. It is not clear
even that Adam's directive to "rework the numbers" is a
legitimate exercise of his authority at XYZ or that loyalty to
her employer in this situation means doing as he says. Quite
possibly, XYZ's long-term interests would best be served by
Stephanie's refusing to "rework the numbers," since there is a
possibility that the falsification would be exposed and result
in criminal charges against XYZ or serious damage to its
reputation.
Adam's main concern seems to be the amount of time that
would be required to fill out the forms that would go to the
state, which is of dubious ethical significance. Based on all
these considerations, the most reasonable course of action for
Stephanie would be to tell Adam politely and calmly but firmly
that she will not falsify data in her report.
II
Besides agreeing to falsify data as Adam directs, it is
difficult to think of a less constructive course of action than
the one that she pursues here. Perhaps there is little chance
that Adam's mind can be changed, but her actions eliminate that
as a possibility. At the very least, Stephanie should give him
her reasons for refusing to do as he requests. Probably he will
not be willing to listen to Stephanie, but at least she should
try. Furthermore, by resigning precipitously, she may be
leaving a job that is in most respects a very good job and
endangering her career. If the problem she is having with Adam
could be resolved within XYZ without her taking such drastic
action, then that would seem to be a much more satisfactory
outcome. Also, by leaving XYZ abruptly, she does nothing to
prevent similar situations in the future. Perhaps, Adam's
superiors at XYZ are not fully aware of his behavior and would
put a stop to it if it were reported to them.
If Stephanie resigns without attempting to correct the
problems Adam is causing her, then it is likely that her
successor(s) will encounter the same difficulties and that
Adam's mode of behavior will not change unless someone contests
his decisions. Therefore, Stephanie's passing the buck to
someone else will at best only postpone resolution of the
problem. Adam may well make Stephanie's life unpleasant if she
decides to defy him, and Adam's superiors may take his side of
the argument. However, if there is a significant chance that
Adam's behavior would be modified or curtailed in such
situations as this one by her staying on the job, then this
seems the most constructive choice.
III
The situation that Bruce faces appears somewhat more
problematic than the one that Stephanie found herself in, since
it is less clear that for Bruce to "round off" in order to have
the numbers fall below the limit for reporting to the state
would constitute falsification of data and ethically
impermissible lying or deception. In Bruce's case, there seems
to be genuine uncertainty about the accuracy of the
measurements (data) and, in particular, how significant are the
digits that he is considering "rounding off". Engineers are
taught early in their professional education how to tell which
digits in calculated quantities are significant and should be
taken into account. They also learn that measurements are often
imprecise and can reliably be placed only within certain
tolerances associated with the accuracy of the measuring
instruments, the circumstances under which the measurements are
obtained, etc. Thus, in some situations, whether a certain
measurement is above or below a certain limit may be impossible
to determine with assurance.
In general, there is nothing wrong with "rounding off" if it
is done in accordance with established engineering and
mathematical precepts. However, if Bruce's rounding off were in
violation of those precepts and were motivated by his desire
not to antagonize Adam or not to jeopardize his job standing at
XYZ, then this would be a violation of the ethical
considerations discussed in Scenario I above. It would be wrong
for the same reasons that Stephanie's agreeing to falsify data
at Adam's insistence would be wrong. Bruce should make the most
reasonable estimate possible of the dimensions of the spill in
light of the available data and what he knows about the
accuracy of the measuring instruments or processes, and then he
should use that estimate in his report. He should not "round
off" primarily for the purpose of not confronting Adam with
"bad news". No doubt Bruce's job and his career at XYZ are
important to him. However, it is difficult to see what ethical
significance they have in this case.
IV
A member of the state's environmental protection agency
would likely consider conformity with the state's environmental
regulations regarding chemical spills to be the most important
consideration and would argue that XYZ should always make a
good faith effort to determine whether spills exceed the limits
set by those regulations in deciding whether they should be
reported to the state.
The CEO at XYZ would perhaps adopt a "bottom-line mentality"
about reporting chemical spills and want to consider the total
long-term expected consequences based on risks of sanctions if
the spills are reported as exceeding the regulatory limits, the
risks of being discovered and prosecuted if the spills should
be but are not reported to the state, the effects on consumer
confidence in XYZ's products of the various possible outcomes,
the effects on present and future XYZ stockholders of those
outcomes, and the ultimate effects on profits, both short-term
and long-term.
XYZ's attorneys would perhaps be interested primarily in the
likelihood that the state would file charges against XYZ for
violating regulations by not reporting chemical spills and, if
so, whether XYZ would be able to defend itself against the
state if required to do so.
XYZ's competitors in the chemical industry would perhaps be
concerned about whether XYZ was gaining a competitive
disadvantage over them by not incurring the expense of having
effective protection of the environment against chemical spills
and instead flouting the state's environmental regulations
intended to curb such spills.
Members of the community would, of course, be concerned
about the risks to their lives and health that would result
from environmental regulations concerning chemical spills not
being conformed to by the chemical industry or not being
effectively enforced by the state.
It is often considered important that, in making ethical
decisions, one's actions must be universalizable. In general
terms, one's action is universalizable if he/she would make the
same moral judgment if anyone else were to perform the same
action in any situation that is similar to the current
situation in relevant respects. This means that, if one's
action is to pass the universalizability test, then he/she must
be able to imagine himself/herself on the "receiving end" of
the sort of action being contemplated and also willing to make
the same moral judgment about the other person's performing the
same action.
This requirement means that Stephanie, Bruce, and Adam
should all consider whether the actions that they are
contemplating can be universalized before adopting them, and it
is quite possible that doing so would allow them to eliminate
certain courses of action from further consideration. However,
the universalizability test will not always enable moral agents
to resolve their disagreements, since one person may consent to
the universalization of a certain sort of action while another
may dissent from the very same universalized action. It seems
that universalizability is a necessary but not a sufficient
condition of the ethical justifiability of actions.
Cite this page:
"Ted Lockhart's Commentary on "Requested to Falsify Data""
Online Ethics Center for Engineering
8/17/2006
National Academy of Engineering
Accessed: Tuesday, May 22, 2012
<www.onlineethics.org/Resources/Cases/Falsify/FalsifyLockhart.aspx>