Two recent court rulings demonstrate how the law often cannot punish purely unethical conduct if it falls in the cracks of legal language and definitions. When that happens, however, it is incumbent upon the rest of the culture not to allow an Ethics Dunce, or worse,to escape without proper identification and condemnation.
Case A: Curtis Cearley
Director of technology services for the Fayette County (GA) school district.
Fayette County high school student Chelsea Chaney used her Facebook page to post a photo of herself wearing a bikini and standing next to a life-size cardboard cut-out of rapper Snoop Dogg holding a can of Blast, the caffeinated alcoholic beverage he promotes. Although it was posted for the student’s friends, Cearley saw it, and used the comely photo in a presentation at a public forum on the risks of sharing potentially embarrassing personal information on social media. He also used her name, identifying Chaney at the forum which was attended by parents, faculty and students who attended school with her. He never alerted her, or asked her permission to use her photo as a “Don’t be like Chelsea!” example. The forum was titled “Once It’s There, It’s There to Stay.”
Horrible. This is a pure Golden Rule violation by Cearley, unfair, cruel, thoughtless, mean and intentionally harmful to a minor, no less:
“Hubba Hubba! This is perfect!! I’ll show what can happen when you post photos on Facebook by taking this chick’s photo—boy, she looks hot! Mmmmlllllwrasshamammaaaahhhhh!!—and using it to humiliate her. See, kids? That’s what can happen…especially when people like me are around to make it happen!”
But when Chelsea sued—she’s in college now—the judge ruled that she had no reasonable expectation of privacy, and thus exploitative, unethical jerks like Cearley can take her photos and use them in whatever cruel and twisted way they like, because she voluntarily placed them in the public domain:
“While Chaney may select her Facebook friends, she cannot select her Facebook friends’ friends. By intentionally selecting the broadest privacy setting available to her at that time, Chaney made her page available to potentially hundreds, if not thousands, of people whom she did not know (i.e., the friends of her Facebook friends….Chaney not only voluntarily turned over the picture to her Facebook friends, but she also chose to share the picture with an additional audience of unknown size, likely comprised of people Chaney did not know, subject to contiuous expansion without Chaney’s approval.”
Yup. That’s the law, all right. It does not make what was done to Chelsea Chaney any less despicable; it just means he can’t be sued for it. If the County doesn’t fire this guy, and parents don’t make sure that they do, I will not think well of Fayette County.
Case B: Zhengzhu Liu
Former executive for Phoenix Satellite Television US, Inc.
He was apparently a serial sexual harasser, and has been fired for it. But a federal district court has ruled that one of his victims, Lihuan Wang, 26, cannot make a sexual harassment claim under the New York City Human Rights Law, because she was an intern, and as the relevant statute is written, the lack of compensation renders her unable to meet the requirement of employee status under the statute.
The alleged harassment included ongoing social and sexual overtures and physical touching by Liu, a bureau chief who supervised Wang’s work. Relying on federal and New York case law, the district court said unpaid interns do not qualify as employees under Title VII of the 1964 Civil Rights Act or the New York State Human Rights Law because of the “absence of remuneration,” which is an “essential condition to the existence of an employer-employee relationship.”
You read right: not only do they not get paid, as a special bonus, interns also have no recourse if their supervisor or anyone else tries to use them as a workplace sex toy. I bet Bill Clinton loves this decision! Of course, the fact that a loophole in the law lets you get away with abusive, disrespectful and unprofessional workplace behavior doesn’t excuse or mitigate how unethical it is in any way. Liu, like most harassers, was not very careful about who he tried to molest, and eventually hit on a paid employee, hence his demise. Good.
Obviously the laws need to be fixed, and legislators are promising to do that, in light of this case and the anger it is bound to ignite. Meanwhile, Wang is traumatized and has move back to China from the U.S.
The law will never to take the place of ethics, or successfully persuade unethical people to think and act with fairness and respect toward others. That’s why placing our trust in laws to build an ethical culture and society is doomed to failure. By the time we have to make a law to address pervasive unethical conduct, the battle is mostly lost.
Graphic: Daily Report
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