A Fox s Guide to Guarding the Henhouse

Transcription

1 A Fox s Guide to Guarding the Henhouse A Lawyer s Take on Ethics for Accountants Presented by Josh Sears, Benefits Consultant & ERISA Attorney

2 FINE PRINT This presentation and any materials and/or comments are training and educational in nature only. They do not establish an attorney-client relationship, are not legal advice, and do not serve as a substitute for legal advice. No comment or statement in this presentation or the accompanying materials is to be construed as an admission. The presenter reserves the right to qualify or retract any of these statements at any time. Likewise, the context is not tailored to any particular situation and does not necessarily address all relevant issues or necessarily reflect the current state of the law in any particular jurisdiction or circumstance as of the time of the presentation. Parties participating in the presentation or accessing of these materials should engage competent legal counsel for consultation and representation in light of the specific facts and circumstances presented in their unique situation.

3 ROADMAP What Lawyers Know About Ethics The Role of Gender in the Accounting Profession Gender Perspectives in the Era of #MeToo Accounting Ethics Through the Prism of Gender AGA Code of Ethics

4 What lawyers know about ethics

5 What lawyers know about ethics Zealous advocacy vs. Justice Monopoly vs. Public service Confidentiality vs. Duty to law/court

6 What lawyers know about ethics The limit: Repugnance the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement

7 What lawyers know about ethics Ethics compromised?

8 The Role of Gender in the Accounting Profession 61.3

9 The Role of Gender in the Accounting Profession 61.3 Percentage of accountants and auditors in the United States who are women. Source: Bureau of Labor Statistics, "Table 11: Employed Persons by Detailed Occupation, Sex, Race, and Hispanic or Latino Ethnicity, 2016," Current Population Survey, Household Data Annual Averages (2017).

10 The Role of Gender in the Accounting Profession 26.6

11 The Role of Gender in the Accounting Profession 26.6 Highest percentage of female partners at the Big Four firms, as of July 2017.

12 The Role of Gender in the Accounting Profession To what extent do you believe women in your organization are paid less than men for comparable work? Agree Strongly Agree Somewhat Neutral Disagree Somewhat Disagree Strongly

13 The Role of Gender in the Accounting Profession To what extent do you believe women in your organization are paid less than men for comparable work? Source: Institute of Management Accountants, 2017

14 The Role of Gender in the Accounting Profession 71

15 The Role of Gender in the Accounting Profession 71 The amount women working as accountants or auditors earned in 2016 for every dollar men earned in the same fields. Source: Bureau of Labor Statistics, "Table 39: Median Weekly Earnings of Full-time Wage and Salary Workers by Detailed Occupation and Sex," Current Population Survey, Household Data Annual Averages 2016 (2017).

16 Gender Perspectives in the Era of #MeToo 48% of women in accounting field reported having experienced sexual harassment in the workplace. 64% of respondents (60% of women, 78% of men) hadn t seen sexual harassment at their place of work. Another 28% (31% women, 20% men) have occasionally seen harassment. 56% of men believe their companies have been very successful in minimizing harassment 33% of women agree. 31% of women thought that perpetrators of sexual harassment would be punished, as opposed to 61% of men. Source: Institute of Management Accountants, 2017

17 Gender Perspectives in the Era of #MeToo LinkedIn, March 2, 2018: #MeToo strikes at consulting firms KPMG, EY, Deloitte and PwC EY Managing Partner, Adelaide Office, accused of sexual harassment by female staff member. EY CEO Tony Johnson: "I expect an even higher standard of behaviour from our partners, given they are the owners and senior leaders of the firm.

18 What do accountants think about ethics? Accounting students: ethics are most influenced by parents and introspection. Profession most ethical: 1.Accountants 2.Clergy 3.College professors 4.Medical doctors 5.Elementary teachers 6.High school teachers 7.Lawyers (darn it!) Source: Accounting Student Views on Ethics, Brenner, Watkins, and Flynn, 2012.

19 AGA Code of Ethics Integrity Be straightforward and honest in performing professional services. Violations: serious criminal conduct which includes false swearing, misrepresentation, fraud, extortion, misappropriation, or theft; or the sale, distribution, or importation of controlled substances; or the intentional killing of another; or an attempt or conspiracy or solicitation of another to commit any of these offenses; or any other intentional behavior involving dishonesty, fraud, deceit, or misrepresentation that seriously reflects on the member s fitness to serve as a public employee.

20 AGA Code of Ethics How to demonstrate integrity: Honoring and adhering to the principles of public service ethics, the mission and values of your organization, and your own personal moral beliefs with courage and character regardless of personal (family), political, social, and economic pressures. Expressing and defending your concept of what is right and upholding your convictions to the best of your ability.

21 Why do we care about ethics, anyway? Civil disobedience is viewed as patriotic and cheating has somehow fallen into a similar mindset among society. Source: Contemporary Issues In Education Research, Third Quarter 2009 Volume 2, Number 3.

22 Why do we care about ethics, anyway?

23 AGA Code of Ethics How would do you expect men s and women s own personal moral beliefs to affect their professional decision-making? How would men s and women s expression and defense of their concept of what is right affect their professional decisionmaking? How are your answers to these questions affected by your gender, and that our your colleagues?

24 Accounting Ethics Through the Prism of Gender LinkedIn, March 2, 2018: #MeToo strikes at consulting firms KPMG, EY, Deloitte and PwC EY Managing Partner, Adelaide Office, accused of sexual harassment by female staff member. EY CEO Tony Johnson: "I expect an even higher standard of behaviour from our partners, given they are the owners and senior leaders of the firm. But, how did the Managing Partner become the Managing Partner?

25 Accounting Ethics Through the Prism of Gender How have you justified breaking the rules?

26 Accounting Ethics Through the Prism of Gender How would do you expect men s and women s own personal moral beliefs to affect their professional decision-making? How would men s and women s expression and defense of their concept of what is right affect their professional decisionmaking? How are your answers to these questions affected by your gender, and that our your colleagues?

27 Accounting Ethics Through the Prism of Gender To what extent do you believe women in your organization are paid less than men for comparable work? Source: Institute of Management Accountants, 2017

28 Questions...

29 A Fox s Guide to Guarding the Henhouse A Lawyer s Take on Ethics for Accountants Presented by Josh Sears, Benefits Consultant & ERISA Attorney