You may have heard the story: a branch of the Bank of America in Tampa refused to cash a check for Hillsborough County public works employee Steve Valdez, because the bank required a thumbprint from non-account holders, and Valdez has no arms. No arms, no hands; no hands, no thumbs; no thumbs, no prints; no prints, no cash.
“Sorry sir; it’s bank policy!”
The various news accounts of this classic tale of bureaucratic idiocy concentrated on the fact that the bank was violating the American with Disabilities Act. Voila! This is how law obscures ethics. Would the bank’s actions have been any more reasonable, fair, caring, kind and responsible if there was no law? Why should anyone with a brain, a heart and a sense of humanity require a law to look at a man with no arms and decide, “Gee, I guess the thumbprint requirement doesn’t apply in this case.” This isn’t a legal matter. It’s an ethics question, and a really easy one, because the Golden Rule was invented for situations like this. If you were in the place of the thumbless man, Mr. Teller, what would you want someone in your position to do?This isn’t a legal matter. It’s an ethics question, and a really easy one, because the Golden Rule was invented for situations like this. If you were in the place of the thumbless man, Mr. Teller, what would you want someone in your position to do?
Nobody’s suggesting that the Bank of America should have suspended its policy out of pity or sympathy. This isn’t a bleeding heart argument: “Oh, the poor guy: he can’t hitch-hike or signal to a gladiator that he wants him to kill his opponent. I’ll cash his check to be a nice guy.” It has nothing to do with being nice. It has to do with recognizing when a policy is absurd in application, unjustly causing inconvenience and humiliation to another human being. Consider these dilemmas:
- An attendant at a movie theater allows a patron to leave briefly to deal with an emergency. He returns to get back into the movie theater and join his family, but has somehow misplaced his ticket. Should the attendant, who recognizes him, refuse to let him enter?
- A driver enters a parking garage, then has to leave a few seconds later because of a medical problem. Should the parking attendant insist that he still pay the full-day minimum fee? (This one got an attendant shot by Steve Buscemi in “Fargo,” you’ll recall.)
- A woman, obviously ill, staggers into a restaurant and begs to use the rest room. The establishment has a “patrons only” policy for its use. Should it refuse her?A student finds a knife in the hallway of a school, and immediately hands it over to the teacher. The school has a strict “no tolerance” policy on weapons, and the student is technically in possession of the knife: policy dictated that he not touch it, but alert an administrator. The teacher is certain that the student did not own the knife. Should the student be punished?
- An adult dwarf on the Olympic riding team wants to buy a ticket on the carnival horse back ride to be with his child, but he doesn’t come up to the height mark on the sign designed to screen out young children. Should the operator tell him he can’t ride?
Answers to the above: “No way,” “Certainly not,” “Never”, “No,” and “Don’t be silly!”
Policies can’t be perfect. Human beings have an ethical obligation not to stick to them when they result in outrageous consequences to others, and there is no counterbalancing benefit to be gained by doing so, other than not varying from the policy.The teller should have asked for sufficient identification to satisfy himself that Valdez has a valid check. Valdez had it: he had his driver’s license with an address matching his wife’s on the check. That’s what the would have wanted, reasonably, if he was the one with no arms. And there was absolutely no reason not to bend the rules. The ADA wasn’t necessary to solve this. People need to know when to consider the impact of their conduct on others when there are no laws involved.
Any individual, and any bank, that needs a law to remind them not to insist on a thumbprint from a man with no thumbs is ethically impaired, and has no common sense. And having no common sense is a much greater handicap than having no thumbs.