Business & Commercial

Ethics Hero: The Chicago Cubs Organization

/ Jack Marshall / 11 Comments

This was a wonderful gesture of kindness and reconciliation. It won’t mean much to those who don’t follow baseball, and that is Reason #478,653,222 why it’s a mistake not to follow baseball.

I’ve written about the Steve Bartman fiasco several times.  I am not in the “Steve Bartman was an innocent victim of circumstance” camp, though he was a victim of moral luck. He was an  incompetent baseball fan, not paying sufficient attention to the game and interfering with it as a direct result. On the other hand, for members of the 2003 Cubs to use him as a scapegoat for their blowing a lead,  the game, and the play-offs, and for Chicago fans to hound him out of town and into hiding, was far worse than his negligence, the most disproportionate and vindictive treatment of a fan in sports history.

Here was my summary of the saga to date before the Cubs finally won the World Series after more than a century of failure:

Bartman, for those of you who have lived in a bank vault since 2003, was the hapless young Chicago Cubs fan who unintentionally interfered with a foul ball that might have been catchable by Cubs outfielder Moises Alou in the decisive game of 2003 National League Championship Series. In a perfect display of the dangers of moral luck, Bartman’s mistake—it didn’t help that he was wearing earphones and watching the ball rather than the action on the field—began a chain of random events  that constituted a complete collapse by Chicago in that very same half-inning, sending the Miami Marlins and not the Cubs, who had seemed comfortably ahead, to the Series. Bartman, who issued a sincere and pitiful apology, was widely vilified and literally run out of town. He then became part of Cubs and baseball lore, one more chapter in the sad saga has been called “the Billy Goat Curse,” the uncanny inability of this team to win it all.

Yesterday the Cubs announced that the team had privately awarded Bartman  an official Chicago Cubs 2016 World Series Championship ring as a special gift from the the Cubs organization. These things contain 214 diamonds at 5.5 karats, three karats of genuine red rubies and 2.5 karats of genuine sapphires, and are worth about $70,000. Even so,  the symbolism is worth far more.

Tom Ricketts, the Cubs owner, issued a statement: Continue reading →

Morning Ethics Warm-Up: 7/31/17

/ Jack Marshall / 13 Comments

Good Morning!

1. If you want an instant reading on someone’s ethics alarms, or a quick diagnosis of whether he or she is a jerk, ask their opinion on yesterday’s episode in which New Jersey Governor Chris Christie got in the face of a Cubs fan who was harassing him during the Brewers-Cubs game. Instead of ignoring the fan, who was shouting insults at him, Christie walked over to him and said, among other things, “You’re a big shot!”

“Appreciate that,” the fan gulped.

It’s rude, uncivil and cowardly to shout insults at anyone who just happens to be attending an event as a private citizen. It doesn’t matter who the target is. The fan, Brad Joseph, assumed that he was insulated  by the crowd and the setting from any consequences of being a jackass by setting out to make Christie’s visit to the ball park unpleasant. Bravo to Christie for behaving exactly as any other non-weenie would when subjected to such abuse. Brad was adopting the same false  entitlement the “Hamilton” cast assumed when it harassed Mike Pence, though in lower case. Elected officials have an obligation to listen to the public’s complaints and positions. They do not have an obligation to accept outright abuse, and shouldn’t.

Joseph, heretofore to be referred to as “The Jerk,” or TJ, told a radio station, “I called him a hypocrite because I thought it needed to be said.” Then walk up to the Governor like a man, look him in the eyes, and say it, you chicken. Shouting from a crowd is a hit-and-run tactic, and you know it. You depended on it.

 

“This is America and I think we have the right to say what you believe as long as it’s not crude or profane,” Joseph then said. Wrong, Hot Dog Breath. You do have a right to be crude and profane, but as with those abuses of free speech, harassing someone, anyone, at a ball game is still unfair and unethical.

2. Then there were the ad hominem attacks on the Governor in the comments to the story. Did you know Christie was fat? Did you know that being fat proves his unfitness for public service or removes his human right to be treated decently when he goes to a ball game? These were the conclusions of easily 75% of all commenters, proving informally that 75% of internet commenters have the ethical instincts of 10-year-olds.

The news media was hardly better: check which sources make a big deal about the fact that Christie was holding a plate of nachos when he stared down TJ. This non-essential detail was even in some headlines. Newsweek, which is really just a left-wing supermarket tabloid now, actually headlined the story “Chris Christie confronts fan who wouldn’t let him eat nachos in peace.”

That’s not just fat-shaming, that’s an endorsement of fat-shaming. The problem with Chris Christie isn’t that he’s fat; the problem with him is that he is corrupt and sold out his principles and his country to help make Donald Trump President, none of which justifies abusing him when he’s at a baseball game.

Or watching “Hamilton. Continue reading →

Political Correctness, Race-baiting Social Justice Warrior Bullies And A Gutless Star Collaborate To Kill A Hit Musical

/ Jack Marshall / 20 Comments

…and the show’s creator is fine with this. After all, it’s for a good cause, the good cause apparently being the elevation of race grievance politics above art, commerce, fairness and common sense.

Bear with me now, as you strain to comprehend this apotheosis of progressive cant gone stark, raving mad:

Josh Groban (a talented performer who is white)…

 

leads “Natasha, Pierre & The Great Comet of 1812,” to 12 Tony nominations. He is replaced by the talented “Hamilton” alum Okieriete “Oak” Onaodowan (who is black),

but the show’s box office drops like a stone once Groban leaves the  cast. Thus Oak is scheduled to leave the cast in August. Mandy Patinkin (who is a Tony award winner, a musical theater icon, a bigger star than either Groban or Onaodowan, and who is, incidentally, white)

…was hired to replace him. Ticket sales rebound at the news. But crazed, social justice warrior race-baiting bullies on social media attack Mandy for “taking away the job of a black actor.” Continue reading →

The Strange World Of Magic Ethics

/ Jack Marshall / 12 Comments

A recent controversy surrounding a hit magic show on Broadway has resurfaced an ethics tangent I was aware of but had forgotten about: magician ethics.

Magician Derek DelGaudio accused another magician of surreptitiously recording a video of an effect during a performance last month of his one-man show, “In & Of Itself.” The rival magician denied the allegation—it’s complicated, and you should read the whole tale here-–but the basic problem arises from the nature of magic tricks. They can’t be patented, because the patent would reveal how the magic trick was done in a publicly available source. This means, however, that a magician whose unique illusion he or she labored on and developed at great expenditure of time and expense can be stolen by another magician with the illusion’s creator having no legal recourse.

For a field that is all about fooling and deceiving people (who have consented to being deceived), magic has old and well-developed ethical traditions. Houdini, who took his name from a french magician named Robert Houdin, later exposed his role model as an unethical magician whose most famous illusions were stolen from other conjurers without payment or credit. Still, if a magician can figure out how another magician’s trick is performed by simply watching it, nothing legally or ethically dictates that that magician can’t perform the illusion as well. However, since magic is practiced by people who deceive for a living, it should come as no surprise that unethical practices are rampant. Continue reading →

The Unethical, Un-American, State Travel Bans

/ Jack Marshall / 59 Comments

Recently various states have decided to punish their fellow members of the United States of America for daring to adopt laws of which they do not approve. The method: bans on government employees traveling to those states on business and the state dime, with the hope that the state’s lead will discourage private travel as well. Why are they doing this? Oh, many reasons, I suppose, all of them insufficient to justify the conduct, which is unethical.

Some of the state legislators who pass these bans, and the governors who sign them, want to place economic sanctions on the other states, even if the effects are limited. After all, they can’t stop the citizens of the states from traveling, only government employees. But pressure is pressure, and the limited measures are an attempt to meddle in the democracy of those other bad states. Another reason is virtue-signalling, as a state seeks to show that it supports a group that is politically strong in that region against another state’s policies that displease it. A third reason is the related motive of grandstanding. Finally, a state might use a travel ban to strike back at another state that is banning state travel there. An eye for an eye, a voucher for a voucher.

Yes, this will end well.

I wish I didn’t have to say this, because I know everyone thinks I pick on liberals, progressives and Democrats, but it’s the Democratic majority states that are using this weapon, especially…well, can you guess? Oh, come on, guess. Yes, the major offender is California. Others are New York, Minnesota, and Washington state.

“Our country has made great strides in dismantling prejudicial laws that have deprived too many of our fellow Americans of their precious rights,” says the public statement of California’s Attorney General Xavier Becerra of California, who has been instrumental in getting the Golden State to limit trips to Alabama, Kansas, Kentucky, Mississippi, North Carolina, South Dakota, Tennessee and Texas. You know, those conservative bad places, where people with sub-normal IQ’s cling to their guns and Bibles. His quote is a classic of arrogant, doctrinaire, narrow-minded, elitist self-righteousness. Continue reading →

Welcome To Incompetent Leadership And Toxic Management: President Trump’s Jeff Sessions Attack

/ Jack Marshall / 37 Comments

I detest bad leadership. I’ve studied leaders since I was 11, and studied management since I was 19. Incompetent leadership and inept management cripples business, the arts, sports, education, government, civilization, the world. I seldom see as horrible an example of both as in the case of President Trump’s verbal tirades against his own Attorney General,Jeff Sessions, first to Republican Senators at a White House dinner on this week,  and later in an interview with the New York Times. Sessions responded to his boss’s disgraceful behavior by saying that he intended to serve “as long as that is appropriate.”

The only reason it would be appropriate for anyone to work for a leader, executive, manager or supervisor who treats subordinates this was is patriotism. The nation has to be managed; the government has to function. Other than that, no one with honor, self-respect or a sense of responsibility should voluntarily subject themselves to the kind of abuse this President offers.  Reportedly the President insists on loyalty, but loyalty has to be minimally reciprocal. Criticizing a subordinate in public, as with the press, or in private, behind that subordinate’s back, is the equivalent of sin for any leader. It is cowardly. It’s unfair and disrespectful.  It is irresponsible, incompetent and stupid, stupid stupid. Continue reading →

Morning Ethics Warm-Up: 7/21/17

/ Jack Marshall / 8 Comments

Good Morning!

1. There was one of those moments in a Major League Baseball game yesterday that teaches life lessons in character, and ethics for anyone who is paying attention.

The Boston Red Sox were playing the Toronto Blue Jays in an afternoon game at Fenway Park. Boston led 3-1 in the second inning, but the Red Sox pitcher,  veteran Doug Fister, was struggling with an uncharacteristic control lapse: he walked his third batter in the inning, and also had given up a couple of hard-hit balls that suggested that a gaggle of runs and a blown lead were inevitable. Then, mirabile dictu, Fister caught a break. The next Toronto batter swung mightily and lofted an easy, lazy pop-up to the infield. If there had been one out rather than two, it would have been called an automatic out under the Infield Fly Rule. Everyone, including Fister, who is fighting to preserve his spot on the Sox roster as well as his flagging career, breathed a sigh of relief. The Toronto batter slammed his bat to the ground. Settling under a pop-up not any more difficult than those he had successfully caught as a Little Leaguer was Red Sox utility man Brock Holt, a second baseman this day. He is much admired for his versatility, energy and reliability. Holt is also trying to revive his career after a frightening, season-long battle with vertigo, as well as to show the team that he can fill a yawning void at third base.

Holt dropped the ball. It bounced off his glove, as the Toronto baserunners were charging around the bases at the crack of the bat, since there were already two outs. Two of them scored, and later two more after Fister surrendered hits in te lengthened inning, making the bounty bestowed by Holt’s muff four runs. Fister was soon out of the game, and was charged with his team’s eventual two-run loss by an 8-6 score. (Today’s headline in Boston: “Doug Fister’s Future As Starter Uncertain After Loss To Jays”).

Yet Fister never shot an angry glance at Holt. He’s played the game; he knows how mistakes and random bad luck can turn everything around in an instant. He probably has dropped a similar ball in a crucial situation: I know I’ve done it, at second base, losing a company soft-ball game. Holt trotted to the dugout, got supportive pats on the back and fanny from his team mates, and played the rest of the game with his head high and his skills on display. There is no doubt that he felt terribly about the play, but Holt  didn’t hide under a rock, rend his garments, or make a big display of anger and frustration to signal to the hometown crowd—which didn’t boo or jeer him at any point in the game.

That’s life, as my father used to say, and this is how ethical people handle life. Disaster strikes out of a confluence of factors (a very bright sun undoubtedly helped Holt miss the ball, but professional ballplayers learn to cope with the sun) and all we can do, if we are competent at life as well as fair, responsible and brave, is to accept responsibility, not make excuses, and not allow such events to diminish or destroy us. Both Fister and Holt displayed the character necessary to do that. Neither blamed the other, and no one blamed them. Tomorrow is another day.

Play Ball!

2. Professional troll Ann Coulter is having a public spat with Delta Airlines that reflects badly on both of them. Continue reading →

Morning Ethics Warm-Up: 7/18/17

/ Jack Marshall / 17 Comments

It’s an All-Fred Morning!

Every day, Ethics Alarms head scout Fred sends me multiple suggestions for posts from he finds heaven-know-where. Even when I can’t fit them in, they often serve as references and always are enlightening.

1. I suspect this belongs in the Polarized Nation of Assholes files: For two years, since he returned from service combat zones in Iraq and Afghanistan, Lieutenant Commander Joshua Corney, has kept his promise to salute his fallen comrades in arms by playing a recording of Taps every evening before 8:00 p.m on his five-acre property in Glen Rock, Pennsylvania. It takes 57 seconds. It does not exceed volume limits. My dog barks longer that that every night after midnight when we put him out. Nonetheless, some of Corney’s neighbors have filed objections with the  borough. Now Glen Rock, which allows church bells to ring, among other sounds, ordered Corney to limit the playing of taps to Sundays and what it termed “flag holidays.” Each violation of the borough’s order would bring a criminal fine of 300 dollars. But the borough’s enforcement action involves two big constitutional no-nos: the heckler’s veto and content-based censorship. The borough is relying on a nuisance ordinance that prohibits sound that “annoys or disturbs” others, and just one individual annoyed by the somber Civil War era bugle solo is enough to deliver a “heckler’s veto.’

The ACLU is on the case, and backing Corney as he fights the action. It writes,

“If a “heckler” could shut down anyone who said or played something that annoyed or offended them by complaining to government officials, freedom of speech would be no more. For more than 75 years, it has been black letter First Amendment law that the government cannot censor speech simply because it is not universally appreciated.

Moreover, the borough cannot use its vague nuisance ordinance to single out only Lt. Commander Corney’s musical expression for censorship from the range of sounds that are part of the borough’s regular sonic landscape. The borough has not ordered Lt. Commander Corney to lower the volume of taps or claimed he has violated a noise-level ordinance.

And it could not claim such a violation because the recording neither exceeds any established noise levels nor is it as loud as many other sounds the borough tolerates — including many sounds that do not communicate a message, like lawnmowers, leaf blowers, chainsaws, and vehicles. Censoring clearly protected expression, like taps, for being too loud, while allowing louder sounds that carry no constitutionally protected message turns the First Amendment on its head.”

Bingo. It is in cases like these that the American Civil Liberties Union shows how essential its role is in protecting the freedoms here that are so frequently under attack.

2. I was surprised when I learned some time ago that undercover police officers used to routinely have sexual relations with prostitutes before arresting them (homosexuals too, when they werebeing persecuted and  prosecuted). Just two months ago, Michigan became the last state in the U.S. to make it illegal for police officers to have sexual intercourse with prostitutes in the course of an under-cover (or covers) sting. Now Alaska wants to go an additional step, banning “sexual contact” with “sex workers” entirely. This could be mere touching or kissing. Advocates of Alaska’s House Bill 73 and Senate Bill 112 argue that police catching sex workers in the act by engaging with them sexually is a human rights violation, and Amnesty International has made an official statement supporting that claim: “Such conduct is an abuse of authority and in some instances amounts to rape and/or entrapment.” Police, quite logically, point out that the bill would make  successful undercover investigations impossible, which is, of course, the whole idea.

“[The prostitutes] ask one simple question: ‘Touch my breast.’ OK, I’m out of the car. Done. And the case is over,” Anchorage Police Department Deputy Chief Sean Case told the Alaska Dispatch News in a hypothetical example. “If we make that act (of touching) a misdemeanor, we have absolutely no way of getting involved in that type of arrest.”

Ethics Alarms is anti-prostitution. As with recreational drug use and probably polygamy, prostitution, which harms families and the young women and men exploited and abused to support it, is almost certainly on the road to legalization. Government won’t protect vital society ethics norms, but it will order you to buy health insurance because it’s for your own good. Continue reading →

The Unethical Fine Print Game

/ Jack Marshall / 17 Comments

I am on record as believing that lawyers who intentionally assist their clients in burying unconscionable, unenforceable or unfair terms in standard contracts, usually in fine print, are unethical, and engaging in a professional violation of the Rules of Professional Conduct. I’ve offered several seminar hypotheticals on the topic to make my point, and have never encountered a lawyer who had a good defense for the practice. Usually the best they can come up with is “everybody does it” or “but it’s legal!” Of course, the bar associations are on their side, not mine, because, well, everybody does it. That’s a proverbial can of worms the bar associations don’t have the guts or integrity to open. What else could it be but unethical, however, when a client company says, “Make sure you bury this provision saying that they have no recourse if we cheat them in the fine print!” and the lawyer says, “But that’s unenforceable!” and the client says, “Yeah, but they won’t read it before signing, and when we point out that they did agree to it, maybe it will scare them off,”  and the lawyer shrugs and says, “Whatever you say! It’s your contract”?

WiFi companies are especially egregious in this regard. As an effort to show itself as above the field and avoiding the unethical industry practice, a British WiFi company, Purple, ran  a social science experiment, inserting language in its standard contract that obligated consumers to clean toilets at festivals and clear sewer blockages.  22,000 people signed up anyway. The contract stated–in fine print—that its signatories would be legally required to perform 1000 hours of community service, including, but not limited to, “cleaning toilets at festivals, scraping chewing gum off the streets” and “manually relieving sewer blockages.”

The gag clause was inserted in the company’s terms and conditions for a period of two weeks, “to illustrate the lack of consumer awareness of what they are signing up to when they access free WiFi .” Purple also offered a prize to anyone who actually read the terms and conditions, and found the “community service clause.” Only one person won it. Continue reading →

The Unappreciated Home Depot Hero

/ Jack Marshall / 22 Comments

It’s more exciting than you think!

Ethics Alarms has dealt with this issue multiple times: an employee violates policy by intervening to prevent a crime or serious injury, and is fired for it.  In 2009, a bank teller named Jim Nicholson turned Batman and foiled a bank robbery, then was fired.. A would-be robber had pushed a black backpack across the bank counter to Nicholson and demanded money. The teller threw the bag to the floor, lunged toward the man and demanded to see a weapon. The robber sprinted for the door with Nicholson in pursuit. Eventually Bat-Teller  knocked the man  to the ground and held him until the police arrived.

The bank had to fire him. The episode could have gone wrong many ways, some resulting in bank customers and employees being injured or killed. Law enforcement repeatedly cautions against such conduct, and the bank’s policies were clear.

In other cases, no-tolerance makes no sense, as no-tolerance often does. In 2012, Ryan Young, then working in the meat department of a Safeway grocery store in Del Rey Oaks, California, witnessed a man beating a pregnant woman, apparently his girlfriend. Young told the man to stop, but when he continued with his assault, shoving and kicking her, Young jumped over his counter, pushed the thug away, and ended the attack.

Safeway fired him. So what would it have had Young do, stand there and wag his finger? This crossed into duty to rescue territory. Young did the right thing, and rather than blindly following a policy that didn’t fit the facts, Safeway should have realized that an exception was called for.. (Eventually public opinion and bad publicity forced Safeway to re-hire the hero). A similar scenario involved a lifeguard who violated his employer’s policy by saving a drowning man off a beach adjacent to the property where he was stationed. Jeff Ellis Management, an Orlando, Florida-based company, fired  21-year-old Tomas Lopez for daring to save a life pro bono, and was similarly pilloried by public opinion. Two lifeguards quit in support of Lopez, and he was also eventually offered his job back. Lopez told Jeff Ellis Management to get bent, or words to that effect. Continue reading →