Business & Commercial

Morning Ethics Update: 8/10/17

/ Jack Marshall / 76 Comments

Good Morning!

1. Less than two weeks after social justice bullies on social media chastised actor Mandy Patinkin for agreeing to take the place of a black actor in Broadway’s “Natasha, Pierre & The Great Comet of 1812,”  causing the politically impeccable Mandy to withdraw with humble mea culpas, and the “woke” creator of the  the Tony winning musical to humbly kowtow to the new show business principle that it is better for a show to close entirely, putting everyone out of work, than for a white actor to take over a role from a black actor who took over the role from a white actor in the first place, “The Great Comet’s” producers announced that the show will close in September.

Good job, everybody!

Morons.

2. First Amendment incursions are creeping in from all sides and all angles so fast it’s hard to slap them down. Cowboy Joe West, the major leagues’ longest-serving umpire,was just suspended for three days for comments he made a in an interview with USA Today published on June 20, to mark   the umpire’s 5,000th regular-season game. Asked which player beefed most frequently about his calls, West said “it’s got to be Adrian Beltre.” Beltre, who recently punched his own ticket into the Hall of Fame by getting his 3000th hit, is apparently something of a human Bermuda Triangle for ethics controversies.

“Every pitch you call that’s a strike, he says, ‘Whoa! Whoa! Whoa!,'” West was quoted as saying.  “I had a game with him recently and the pitch was right down the middle. He tells me, ”That ball is outside.’ I told him, ‘You may be a great ballplayer, but you’re the worst umpire in the league. You stink.'”

MLB suspended West for three days, telling the umpires union in a letter that the discipline was in response to an “appearance of lack of impartiality.” Beltre has said that he never assumed West was being anything but facetious. The umpires union is livid, and West is likely to file a grievance.

There are two theories about this strange episode in the Marshall household. I think it’s more evidence of slippage on the societal slope to speech suppression. My wife thinks baseball is laying the groundwork for replacing umpires on balls and strikes with robo-calls. After all, robots aren’t biased.

I hope she’s right, but I doubt it.

3. Why don’t Democrats want to clean up eligible voter rolls?the Justice Department filed a Supreme Court amicus brief  supporting the state of Ohio as it fights to defend its law that purges names from voter rolls if  those names aren’t attached to votes for a significant period. This reverses the Obama Administration’s position, which backed a lower court decision  that it ran afoul of the 1993 National Voter Registration Act.

Why does Ohio want to de-register voters who don’t vote for two years, then are sent notices asking that they confirm their voter registration, don’t respond to the notices ,and continue to not vote for another four years? I assume it is because the state doesn’t want dead people on the voter rolls. Why do Democrats want the names of dead people listed as eligible voters?

I’ll leave that to your imagination… Continue reading →

Unethical Quote Of The Month: An NFL Wife, On The Private Facebook Fearful Spouses Of Future CTE Victims Support Group Page

/ Jack Marshall / 17 Comments

“It’s scary to think about the future and the ‘what ifs’ … if it’s what he loves, I have to support it.”

What? No, you don’t!

The above anonymous quote from a feature about how 2,000 wives of past and current NFL players share their fears and console each other as the evidence mounts that their husbands are likely to spend their final years as tortured, brain-damaged victims of their sport and burdens on their families illustrates how delusional supporters of the NFL money machine have become.

It also shows, to depressing degree, how people will rationalize and justify conduct that cannot be rationally defended.

If an unmarried NFL player without family responsibilities chooses to shorten his life and cripple himself in exchange for a brief career in the limelight and a lot of money, that’s his stupid choice to make. Then the only other responsible parties are the cynical and corrupt sport that knowingly pays him to make that choice, the amoral and greedy corporations that make such cruelty worth the NFL’s while, and the ethics alarms deficient football fans who get their Sunday thrills watching young men slowly disable themselves. Continue reading →

Comment Of The Day: “The Viral Google Diversity Memo”

/ Jack Marshall / 9 Comments

The perspective Ethics Alarms readers often add to topics based on their personal experiences is a often great enhancement to the discussions here. This Comment of the Day by Alex is a perfect example, as he clarifies the context of the Google diversity memo through his own observations as an employee of another large tech company.

Here is his Comment of the Day on the post, “The Viral Google Diversity Memo”:

Rather than rehash the memo or analyze it or say what is right or wrong with its reasoning, I’ll instead add my experience dealing with internal policies and “requests for comment” at a large tech (software) company – this is a direct competitor of Google, based in the Pacific NW and employing ~100,000 people (you can figure out who they are with that). My background is in Electrical Engineering with a strong focus on Computer Science, and I was hired by my previous employer just out of college after spending a summer internship with them. I worked there for 12 years, until the summer of 2016 (actually today is my one year anniversary at my new job). In my time there I can only describe diversity and HR policies around race and gender are schizophrenic, even if well-intentioned. These are my stories [insert Law and Order opening notes].

The official harassment/discrimination policy as stated in the employee handbook (which was updated every year) is incredibly vague, and this is intentional (although no one will come out and accept it publicly). We are in an at-will state, so you can be easily dismissed based on that one vague rule; and it has been used as a negotiation tactic on borderline performance dismissals to settle for a lower severance package. (“Do you really want us to state that you’re leaving for violations of the harassment policy? No? Ok, how about you settle for 2 weeks instead of 4?”) But I also have to state that the cases where I saw this section being arguably misused can be counted with the fingers of one hand. Also, I am certain that there are good intentions behind this policy, but as is the case with many well-intentioned rules, it is when the rubber meets the road that things get messy.

Every year we had to take Standards of Conduct training. Every year we had a new edition, and every year there was at least one case study dealing with gender or racial discrimination. Some years were better than others, but in general the training was terrible. If you had the cognitive abilities of a 7-year-old you could figure out what were the right responses without watching the videos or reading the policies. (The Saturday morning cartoons I watched in the 80s – G.I. Joe, He-Man, Transformers – had more complex moral dilemmas). I remember one year around the middle of my tenure when the videos and cases were actually interesting and engaging. A case that I still remember from that time is about an ambiguous situation between a male manager and a female engineer not in the same chain of command. There was a big internal debate about that one, and the next year we had the blandest possible training to avoid controversies.

The above two points are to set the stage: corporate policies are clear, you should toe the line, do not do anything that might be misconstrued, you can be dismissed for very small transgressions.

And then… well… tech companies are rebels, they thrive in chaos, and you’re expected to rock the boat. In many (may be even all) groups you can only grow so much by being a technical expert, you are expected to influence larger and larger teams as you get promoted to keep getting good performance reviews. You can be the only expert on a certain software component, but unless other people know about you and have been “influenced” by you, you are not considered good enough. This has the effect of incentivizing “visibility”. Other people and other teams should know you exist and be willing to state that you’ve had a positive impact for the company. Continue reading →

Morning Ethics Warm-Up: 8/9/2017

/ Jack Marshall / 127 Comments

Good Morning!

1. On the matter of whether James Demore’s Google memo was unethical in its distribution, which some commenters here dispute, apparently he took the precaution of hiring an employment lawyer before he sent the memo. This strongly suggests that he was not merely opening up an internal discussion, but intentionally provoking a confrontation. If he just wanted to alert management to a problem, the ethical approach was to speak directly to management, not put out an e-mail that he had to know someone would leak to the internet.

Meanwhile, Google’s firing Demore for politely raising legitimate culture issues belies its “Don’t Be Evil” motto. It also may be illegal: Federal labor law bars union AND non-union employers alike from punishing an employee for communicating with fellow employees about improving working conditions. California also has a very strong anti-political discrimination law which “prohibits employers from threatening to fire employees to get them to adopt or refrain from adopting a particular political course of action.”

2. I noted this in yesterday’s post, but it’s worse than I thought: the left-wing news media, which is to say the news-media, has displayed neither discipline, common sense (you can’t keep signalling how biased you are, guys—eventually people will notice) nor ethical journalism by outrageously misrepresenting the message and the tone of the memo. CNN’s Brooke Baldwin, for example, described the memo as saying  “I don’t really like women anywhere near a computer.” That’s false reporting. Do these people understand that anyone can read the memo and see that either they are lying, or haven’t read the memo?

3. The memo’s allegedly “controversial” statement that men and women have some innate physiological, emotional and psychological differences that make their genders (in general, not in specific cases) better or less-well-suited for certain jobs, tasks or fields takes me back to my multiple battles with feminists who insisted that I cast female actors in “Twelve Angry Men.” They simply put their fingers in their ears and hummed when I pointed out that the play was about the group dynamics when twelve disparate male strangers are locked in a room. Do women in such a situation keep threatening each other physically? I think not. Actually, the play is an advertisement for diversity: having women in that largely dysfunctional fictional jury would have probably solved many of its problems, but because women are different from men, not because they are exactly the same, as the Georgetown feminists insisted. Women really need to decide what their stand is: are they different in ways that can be advantageous, or not different at all? They can’t have it both ways. On Instapundit, Glenn Reynolds recalled “The Althouse Rule of Gender Research”, which is, : “Scientists: remember to portray whatever you find to be true of women as superior.”

This goes for commentators, pundits, journalists, educators and, of course, Presidential candidates. ‘We need a woman in the White House (because men screw things up)’ is wise and true, and not sexist at all. Continue reading →

That Viral Google Diversity Memo

/ Jack Marshall / 66 Comments

I’m going to vary a bit from typical Ethics Alarms practice, and ask for comments on the long, viral, controversial memo by a Google  software engineer named James Demore regarding the company’s diversity initiatives before I do a thorough analysis of it.  The author has been fired, of course. He had to know he would be.

The essay covers a lot more than diversity—gender stereotypes, the radioactive question on innate differences between men and women, ideology over reality, fairness, oppressive cultures, and much more. It is courageous; it’s also unethical. Ambushing an employer like this—it is fair to say that the essay has caused a PR crisis for Google—is never fair. He would argue, I suspect, that this was a form of whistleblowing, as well as taking a stand for other employees who feel as he does but who fear making their opinions known.

I have taught diversity seminars, often in conjunction with sexual harassment and bias training. The area is inherently dishonest. Of course all races, genders and creeds, ages and types should be welcome in a work environment. The claim that diversity is inherently valuable for its own sake, however, is nonsense, a phony “fact” declared to bootstrap other initiatives, such as affirmative action. The alleged innate value of diversity is cited to justify the and out-balance the inherent disadvantages and injustice of not hiring the best applicants for a job or position based on their demonstrated abilities and experience. This is a myth, and pretty obviously so. Diversity is not a virtue when it leads to incompetence, bias, resentment, and staffing that is less talented and effective than it might be. Diversity should never take priority over getting a job done as well as possible.

The bias in the news media’s coverage of the memo has been palpable, and would be very revealing regarding how ideological bias warps coverage, if so much evidence didn’t already exist. This particular biased reporting is likely to mislead more than it should, because the memo is long, and most readers will accept on faith (why? WHY???) the false characterizations of it. It is not a “screed” (The Atlantic), a “tirade” (TIME), or “sexist.” (Recode). The memo does not say that women are inferior,  or “genetically unsuited” for tech jobs. (Washington Post). Nor does he write that women are “biologically unfit” for tech jobs. (CNN). The memo isn’t even “anti-diversity” (Vanity Fair, Forbes). This is how ideological propaganda works: slap labels on inconvenient arguments that will pre-bias an objective or open-minded readers.

You should read the whole thing, which is below. As you read it, think about the fact that Google has stated that the content of the memo violated aspects of Google’s Code of Conduct. I find that incredible, and a greater indictment of Google than the memo itself.

The highlights in blue are mine, and reserved for what I regard as ethically significant sections. Continue reading →

More Speech Policing In The Service Of Political Correctness: The Matt Joyce Affair

/ Jack Marshall / 19 Comments

“GET HIM! He used a bad word!!!”

An obnoxious fan was verbally abusing Oakland A’s player Matt Joyce during 8-6 loss to the Los Angeles Angels, and he responded in kind, or perhaps worse than in-kind, since what the fan was saying has not been reported. In his angry exchange with the fan, however, Joyce used what is only described as an “anti-gay slur,” which I assume to be “fag” or faggot.” If it was “cocksucker,” which I don’t believe is an anti-gay slur as used by athletes and others, then the description is misleading.

I have no problem with the fact that Joyce was disciplined for this. He’s a professional, and major league players have to put up with fans, even those who behave despicably. (Harassing a player with abusive verbiage is unethical, and the fan should have been ejected.) However, the player’s offense was a single word, and the punishment was two games suspension, which in Joyce’s case is about a $60,000 fine. $60,000 for a single word hurled in the midst of an argument is cruel and unusual punishment. Worse, Major League Baseball required that Joyce now participate in an outreach program with PFLAG, a “family and ally organization” supporting the LGBTQ community. That’s indoctrination, and an abuse of authority. The issue is incivility, not insufficient sensitivity to a minority group.

Joyce grovelled and apologized all over the place on Twitter, as if he had condemned the entire LGBT community. He needed to apologize to the fan he used the word on. That’s all. As we discussed in the case of a previous ballplayer, Kevin Pillar, disciplined this year for using the same term during play, this appears to be virtue-signalling by MLB, and unfair. Would Joyce have been suspended for, say, calling the fan “fuckhead”? Would he have to go to Fuckhead Sensitivity Training?

I wrote, Continue reading →

Morning Ethics Warm-Up: 8/7/17

/ Jack Marshall / 15 Comments

Good Morning!

1. “Data from the Association of American Medical Colleges indicate that race is a substantial factor in medical school admissions, not one of many. For example, from 2013 to 2016, medical schools in the United States accepted 94 percent of blacks, 83 percent of Hispanics, 63 percent of whites and 58 percent of Asians with top MCAT scores of 30 to 32 and grade-point averages of 3.6 to 3.8; for MCAT scores of 27 to 29 (G.P.A. of 3.4 to 3.6), the corresponding figures are 81 percent, 60 percent, 29 percent and 21 percent. For low-range MCAT scores of 24-26 (G.P.A. of 3.2 to 3.4), 57 percent of blacks were admitted, 31 percent of Hispanics, 8 percent of whites and 6 percent of Asians.” (New York Times, August 4, 2017) Yet the announcement that the Trump Administration Justice Department Civil Rights Division will be looking at illegal discrimination in university admissions was condemned across the progressive spectrum as an effort to bolster white supremacy and proof of the President’s “racism.”

Those statistics are res ipsa loquitur to me; no further evidence is needed. How can they be otherwise? Medical school admissions are discriminating on the basis of race. A similar set of statistics in any field where blacks rather than Asians were at the bottom would be treated by courts as “disproportionate impact” discrimination no matter what the explanation was.

In the same issue of The Times where this appeared, the paper devoted its entire letters section to readers expressing indignation that any Times writer could praise the President for anything.  Micheal Kinsley had triggered them with a tongue-in cheek (Michael has only one tone) “he’s not all-bad” column. This shows the blindness and bias of “the resistance,” Democrats and the Left generally. They cannot even see that open, blatant discrimination based on color, which would have certainly been embraced by a Clinton Administration, is a blight on  democracy, and that striking it down will be an absolute good for which any President responsible would warrant praise.

2.  When the NFL is involved, all ethics alarms freeze up, apparently. In September, former NFL quarterback Michael Vick will be inducted into the Virginia Tech Sports Hall of Fame. Vick is a convicted felon and confessed animal abuser as a central figure in a dogfighting ring. The case study by the Animal Legal Defense Fund states, “After his three co-conspirators pled guilty and began cooperating with authorities, Vick also pled guilty, admitting to funding the dogfighting operation and the associated gambling operation. He admitted to knowing about four dogs that his co-conspirators killed in 2002, and he admitted to agreeing to the hanging and drowning of 6-8 dogs who underperformed in 2007. Vick admitted he provided most of the operation and gambling monies, but he claimed he did not gamble by placing side bets or receiving proceeds from the purses”.

As I have noted before, admitting athletes like Vick is defensible for Halls of Fame that make it clear that only what a player does on the field matters. The athlete can be a child-molester, serial rapist, mass murderer or airplane bomber, but as long as he could hit his receiver 70 yards down field, he should be held up  as a great role model for kids and fit to represent the entire sport forever.

Oops!  The Virginia Tech Sports Hall of Fame has a character clause, unlike the NFL’s Hall. It says an admittee “must be of good character and reputation [and]not have been a source of embarrassment to the university in any way.”

I guess we can assume that the school isn’t embarrassed in any way by its alum being responsible for this…

and this…

or even this…

Good to know. Continue reading →

Morning Ethics Warm-Up: 8/6/17 [UPDATED]

/ Jack Marshall / 51 Comments

 

CORRECTION: somehow, and I have no idea why, this somehow was posted with “Comment of the Day” in the headline. And because today has been marred by illness and unexpected events, I didn’t see the mistake until 7:43 PM. I’m sorry for the confusion. I need a vacation.

1. Continuing my informal survey of the Trump Hate obsession at the New York Times,  the trend I noticed last week in the flagship for “the resistance” on the Times staff, the Sunday Times Review section, continued dramatically. Is this evidence that Times readers are finally getting sick of the paper’s unethical obsession? Time will tell. There was just one Trump Hate piece in the ten page section, out of 16 separate essays and op-eds. (A professor of anti-American studies has an essay that attacks all Trump voters and supporters as racists. Should this count? Nah. If you’re not a Democrat, you’re a racist, that’s all. It isn’t about Trump.) Oh, one of the editorials was questioning the Trump policy approach, but that’s within the normal range of newspaper editorials. The one hate essay was borderline, Maureen Dowd being snarky about the Russia investigation. She’s more of a humor writer than a true pundit, inclined to go where the most laughs lie, and her last paragraph was so, so dumb that it effectively discredited anything else she wrote, or will write, really. Dowd wrote,

“On Thursday, the president pout-tweeted that it was Congress’s fault that “our relationship with Russia is at an all-time & very dangerous low.” So he was blaming lawmakers who punished Russia for a cyberattack on our election rather than blaming Russia for sticking a saber in the heart of our democracy.”

Right, Maureen: Russia letting the American public know that the Democratic Party rigged its nomination, that Barack Obama knew about Hillary Clinton’s breaching her own department’s cyber-security requirements, that the Democratic Party’s candidate was running illegal pay-to-play shakedowns of foreign governments to fill the Clinton Foundation coffers (and her husband pockets), that reporters were colluding with her campaign to make certain she was elected, and that the DNC chair used her CNN position to help Hillary cheat in a debate stuck a saber in our democracy. In other words, Russia stuck a saber in our democracy by uncovering genuine evidence that the Democratic Party and Hillary Clinton had stuck multiple sabers in our democracy. I have actually described the “Russian interference” almost exactly this way to die-hard Hillary-ites, and they see nothing amiss with that analysis.

Or was Maureen just making another joke?

2. Some NFL players are now speaking up, protesting that free agent quarterback Colin Kaepernick is being “blackballed” by NFL owners because of his ridiculous anti-National Anthem stunt last season while playing for San Francisco. “Blackballed” implies something unethical and subterranean. We all know why Kaepernick hasn’t been hired: a) he’s not very good and b) he can’t be trusted not to embarrass his team and annoy fans by creating racially divisive (and incoherent) political theater on the field.

Does this “chill” his political speech? All of our political speech is “chilled” to the extent that when we speak out about controversial matters while representing our employers, we risk losing out jobs.  If the NFL put pressure on the teams not to hire this jerk, that would  raise ethical and legal issues, but why would they have to? He was a disruptive employee who wasn’t good enough to get the unethical benefits of the King’s Pass. No team in its right mind would pay millions to Kaepernick. Indeed, teams have an obligation not to. Their job is to win games, make money, and entertain fans. Keapernick undermines all three objectives. Continue reading →

Morning Ethics Warm-Up: 8/5/17

/ Jack Marshall / 36 Comments

Good morning!

1. I’ll have more later on the leaked transcripts of the President’s private conversations with the presidents of Mexico and Australia. Whoever did it was betraying his or her superior and the nation, and  needs to be identified and prosecuted. This is malicious sabotage, and nothing less, designed to make it more difficult for this President to function. Those attempting to justify it and rationalize it disqualify themselves as objective critics of the President and also as responsible citizens. The conduct cannot be justified, and no one should attempt to justify it.

The Washington Post publishing the transcripts is a hostile act. True, in today’s Wikileaks world they would have been put online somewhere, but absent some scandalous disclosure in one or both of them, this wasn’t news. The news is that embedded foes of ourelected government are willing to harm the nation in order to undermine the President.

Eventually, the question turned yesterday to why the contents of the transcripts did not prompt any further headlines or allegations of scandal. The answer is that the hoped-for smoking gun proof of the President’s incompetence did not surface in either conversation, so they were no longer of any interest. Ann Althouse, to her credit, waded through the entire exchange with  Peña Nieto, and you can read her analysis. The liberal blogger’s conclusion:

“But what can his antagonists grab onto? They can’t very well oppose crushing the drug gangs or better trade deals. So it’s no wonder they went big with Oh! He insulted New Hampshire! And that’s it for the transcripts. Don’t encourage people to actually read them. They might think Trump did just fine.”

Can’t have that.

2.  Rep. Maxine Waters responded to the leaked discussions by saying that she hoped such leaks continued. She is calling for and endorsing illegal and unethical conduct that is damaging to the United States, as a sitting member of Congress. I wonder if she could say anything, including calling for Trump’s assassination, that would attarct rebuke from her party? I doubt it. I remember the howls of horror from Democrats during the 2016 campaign when candidate Trump said,

“I will tell you this, Russia: If you’re listening, I hope you’re able to find the 30,000 emails that are missing. I think you will probably be rewarded mightily by our press”

There is no ethical difference between calling for Russia to hack a U.S. citizen’s e-mails and calling for government employees to break the law to reveal secret government communications. If there is a difference, it was that Trump was joking, and Waters is not.

3.  With tattoos more popular and visible than ever, the Federalist is suggesting that there is something wrong with getting them—that is, wrong other than the fact that many people think they are unsightly; that the more people have them, the less effective the things are as statements of rebellion and individuality; that they trigger biases in many people (like me), including employers (Did you know that the Armed Services will to accept a volunteer with more than 25% of his or her body covered by tattoos, on the theory that this is res ipsa loquitur for someone with dubious judgment?); and that they are excessive expenditures for a permanent ink-blotch that the odds say you will regret sooner or later. Continue reading →

The Unabomber Had A Point. [UPDATED]

/ Jack Marshall / 37 Comments

FX has a new limited series about the hunt for the Unabomber, Theodore John Kaczynski. I didn’t pay much attention to the story when it was going on; I just thought it was one more Harvard-grad-turns-serial-killer episode, and that was that. I certainly didn’t pay attention to his “manifesto.” The series, however, enlightened me.  As I understand it, Ted believed that technology was destroying society, making us all slaves to it, and taking the joy out of life. I have yet to see how blowing people up addressed this problem, but then he shouldn’t have to be right about everything. The evidence has been mounting since 1995, when he killed his final victim,that  the Unabomber  wasn’t quite as crazy as we thought.

I could bury you in links, but will not.  We are slaves, for example, to passwords. I teach lawyers that their devices containing client confidences should, to be properly protective of them under ethics standards, have passwords of at least 18 random letters, characters and numbers, with the password for every such device being different, and all of them changed every month. Or you can go the John Podesta route, use “password.” and get hacked, and eventually disciplined by your bar association, once they decide to get serious.

[CORRECTION: In the original post, I relayed a link to a site where you can check your password to see if it’s been compromised. I had been forwarded the link by another tech-interested lawyer. But as I was just alerted by a commenter (Than you, Brian!) It’s apotential trap and an unethical site, making you reveal your password to check it. I apologize for posting it. See how dangerous and tricky this stuff is? See? SEE?.I fell for the trap of depending on technology to protect us from technology! Ted warned us about that, too.]

Then there is this feature in The Atlantic. An excerpt: Continue reading →