Business & Commercial
Statue Ethics Stand-Off: “Charging Bull” vs. “Fearless Girl”
The Wall Street art ethics controversy pitting a nearly 30-year-old sculpture of an angry bull against the upstart statue of a defiant little girl has fascinating cultural implications. The ethical solution to the confrontation are simple and undeniable, however, though the legal issues a bit less so. “Fearless Girl” has got to go.
Arturo Di Modica created “Charging Bull” in response to stock market travails during the late 1980s. The three-and-a-half-ton sculpture was placed near Wall Street in the dead of night, and was embraced by the financial ditrict and New Yorkers as iconic public art. The artist copyrighted and trademarked his work, which he has said was meant to symbolize “freedom in the world, peace, strength, power and love.”
I don’t get the love part, but okay: the point is that the bull is a positive metaphor, not a sinister one.
The “Fearless Girl” statue was positioned this year, the night before International Women’s Day, in a direct stand-off with the bull. It had been commissioned by State Street Global Advisors, a financial firm based in Boston, as a public relations and advertising move and classic virtue signalling. State Street Global’s home page trumpets the new statue’s message of “the power of women in leadership” and uses it to urge “greater gender diversity on corporate boards.” The metal girl’s cynical and self-serving origins don’t seem to bother the work’s fans though.
The problem is that the message of “Fearless Girl” requires the participation of the bull to make any sense and to have any power at all. Otherwise, it might as well be Pippi Longstocking. In essence, the new statue appropriates Di Modica’s work, and violently alters it. The artist is a furious as a charging bull that what he intended as a symbol of capitalist power and national vigor has been transformed into a sexist representation of male domination. Di Modica and his lawyers demand that the statue be moved away from its bull-baiting position, arguing that State Street Global commissioned “Fearless Girl” as a site-specific work conceived with “Charging Bull” in mind. It thus illegally commercialized Di Modica’s statue in violation of the artist’s intent and copyright. They also claim that the city violated the artist’s legal rights by issuing permits allowing the four-foot-tall tyke to face off with the bronze bull without the artist’s permission. Letters to the Mayor DiBlasio, Ronald P. O’Hanley, the president and chief executive of State Street Global; and Harris Diamond, the chairman and chief executive of McCann Worldgroup, State Street Global’s marketing agency demand the removal of “Fearless Girl” forthwith.
Ethically, “Fearless Girl” doesn’t have a leg to stand on. Continue reading
From The “Saint’s Excuse” Files:The Catholic Church, Penn State, and Now Choate…What Have We Learned?
Protect the hive. Always protect the hive…
The renowned private boarding school school Choate Rosemary Hall, alma mater of such luminaries as John Dos Passos, Edward Albee, Glenn Close, multiple Kennedys and dozens more of the rich, famous and powerful, , just revealed that at least twelve former teachers had sexually molested, and in one case, raped, students without the crimes being reported to police. The pattern continued over decades. In some cases, teachers were allowed to resign after being confronted with evidence of abuse, and administrators wrote still letters of recommendations for them after they were fired. The predators then went to other schools, sometimes in positions of power and authority.
After the similar institutional conduct revealed by the Catholic Church and Penn State, does anyone believe that this is a rare occurrence in institution, including the most prestigious—and virtuous!—ones? The lesson is that established, powerful, iconic institutions are programmed to protect themselves above others, and regard their own missions and continued vitality more precious than any single individual, even a child.
Revisiting one of the most important of the Ethics Alarms’ 92 rationalizations:
13. The Saint’s Excuse: “It’s for a good cause”
This rationalization has probably caused more death and human suffering than any other. The words “it’s for a good cause” have been used to justify all sorts of lies, scams and mayhem. It is the downfall of the zealot, the true believer, and the passionate advocate that almost any action that supports “the Cause,’ whether it be liberty, religion, charity, or curing a plague, is seen as being justified by the inherent rightness of the ultimate goal. Thus Catholic Bishops protected child-molesting priests to protect the Church, and the American Red Cross used deceptive promotions to swell its blood supplies after the September 11, 2001 attacks. The Saint’s Excuse allows charities to strong-arm contributors, and advocacy groups to use lies and innuendo to savage ideological opponents. The Saint’s Excuse is that the ends justify the means, because the “saint” has decided that the ends are worth any price—especially when that price will have to be paid by someone else.
Dear Madison Ave: As Long As TV Commercials Keep Getting More Gratuitously Vulgar, Ethics Alarms Will Keep Objecting To Them. I’m Sure You Are Trembling In Fear.
It is tragically clear now that Madison Avenue has decided there is a cultural consensus that it is incredibly funny to imply vulgar words and make sexual allusions in TV commercials. Objections to this as juvenile, culturally degrading and gratuitous from this quarter have no effect, accept to attract the usual “lighten up” comments from applauding vulgarians. Well, I don’t care. Ethics Alarms will keep pointing out what wrong anyway. You want a President who boasts about the size of his penis during a debate? THIS is how you get a President who boasts about the size of his penis during a debate. You want a President who uses a menstrual reference to attack a female journalist? This is how you get that too.
The only satisfaction, I suppose, is the same uncivil vulgarians who most object to the results of this cultural pollution are also the ones sending the “lighten up” comments.
Since August of last year, the Kraft Heinz Company’s newest frozen meals brand, Devour, has been advertising its products with a TV ad in which a boss catches his employee becoming sexually aroused by his lunch, to which he applies a sexy spank with his fork. The ad’s tagline: “Food You Want to Fork.”
Nice.
Kraft says the ad is aimed at men aged 25-35, so I guess that’s okay then. Everyone knows that demographic is made up of assholes—is that the theory?—and the best way to please them is to make the kind of juvenile sexual innuendo that we had in naughty songs like “Shaving Cream” about when I was 12. It’s so hilarious when people use a word that sounds like a dirty word in a context where it is obviously intentional, but don’t really say the word, because, see, its, like, not polite. Got it. My sides are splitting. Continue reading
Comment Of The Day (1): “Thank The U.S. Women’s Soccer Team For Illuminating The Muddled Ethics Of Wage Gap Arguments In Women’s Professional Sports”
I’m not sure this photo fits exactly, but I’ve been dying to use it for years, so what the heck…
Are women inherently worth as a much as their male counterparts in similar or the same jobs?
Here is reader slickwilly’s Comment of the Day on yesterday’s post, “Thank The U.S. Women’s Soccer Team For Illuminating The Muddled Ethics Of Wage Gap Arguments In Women’s Professional Sports”:
This is rich… equal pay for an equal job… when the job (and skills) are equal.
Years (decades) ago, I was a trainee engineer for a large company. Part of the job was installation of large racks of equipment involving a fully stocked tool box, weighing between 35 and 50 pounds.
Many of the buildings we installed in did not have elevators, so you carried tools and supplies up flights of stairs.
Another trainee was a slip of a girl, likely 125 lbs soaking wet. She was good once on site, but could not carry her own toolbox up a single flight of stairs, or help when major upper body strength was needed to move equipment into position. Yet she got the same pay and incentives the guys did, for less work (she sat around while the guys lugged stuff up the stairs.) There was no offsetting brilliance that compensated for her lack: just plain competent work when she could perform it. Don’t think the guys did not grumble about doing her work in addition to theirs!
To add insult to injury, she was promoted out of the field first because a)she was black; b) she was a she; and c) the work supervisors wanted a stronger person working the jobs (they did not get extra time to do the job when she was on the crew, either) and could not fire her because of the optics of a) and b). This was a corrupt form of the Peter principle, and my first exposure to such.
Another take: in the Army, each person in a platoon must carry his weight and be able to carry a wounded teammate to safety… unless that person was female. Females could not carry their own equipment, depending on their role, and most likely could not carry a man out of battle. And the standards by which they are judges are not the same. You must be able to pass a fitness test of a certain number of push ups, sit ups, and be able to run two miles under a certain time. This scale slides down by age (an 18 year old must do more than a 35 year old to pass, and rightly so) but the scale is significantly reduced for a female soldier. So a female might be able to do 12 push ups, but get a higher test score for those than an 18 year old who could do 40 push ups)
More Ethics Observations On The United Flight 3411 Ethics Train Wreck
Yes, Ethics Alarms was able to find a photo of an actual plane-train wreck.
Observation 1.
This was all due to moral luck
If four passengers had taken the United offer to surrender their seats, or if the passenger selected by the agent had complied, grumbling quietly, we would neither know about this horrific episode nor would anyone be talking about it. Yet the United employees would still have lied, and would still have abused United customers. They just didn’t get away with it, that’s all. They were unlucky.
Good.
Observation II
NOW passengers are informed.
Fine print is technical disclosure, but especially in the era of electronic ticketing, not actual or ethical disclosure. Before this episode, most flyers didn’t know what they had agreed to regarding overbooking, nor were they even aware that there was such a thing as “involuntary bumping” A lot more are aware now. From travel site One Mile At A Time:
When an airline knows that a flight is likely to be oversold, they’re required to solicit volunteers. Sometimes airlines will ask at check-in, and other times they’ll ask at the gate. When it comes to a voluntary denied boarding there are no regulations as to what you get….
When airlines can’t find volunteers and still have more passengers than seats, they need to involuntarily deny people boarding. Every airline has a clause in their contract of carriage allowing them to do this. Furthermore, airlines all have procedures they use for determining who gets bumped. Some airlines bump the people who don’t have seat assignments. Other airlines decide based on who checked in last. Others decide based on status and the booking class you have.
Do note that the number of passengers being involuntarily denied boarding was at a 20 year low in 2016. Out of roughly 660 million passengers last year, only 40,000 were involuntarily denied boarding, which is roughly 0.6 involuntary denied boardings per 10,000 seats.
If you’re involuntarily denied boarding, the Department of Transportation regulates what you’re entitled to. Here are the rules, as published by the DOT:
- If you are bumped involuntarily and the airline arranges substitute transportation that is scheduled to get you to your final destination (including later connections) within one hour of your original scheduled arrival time, there is no compensation.
- If the airline arranges substitute transportation that is scheduled to arrive at your destination between one and two hours after your original arrival time (between one and four hours on international flights), the airline must pay you an amount equal to 200% of your one-way fare to your final destination that day, with a $675 maximum.
- If the substitute transportation is scheduled to get you to your destination more than two hours later (four hours internationally), or if the airline does not make any substitute travel arrangements for you, the compensation doubles (400% of your one-way fare, $1350 maximum).
- If your ticket does not show a fare (for example, a frequent-flyer award ticket or a ticket issued by a consolidator), your denied boarding compensation is based on the lowest cash, check or credit card payment charged for a ticket in the same class of service (e.g., coach, first class) on that flight.
- You always get to keep your original ticket and use it on another flight. If you choose to make your own arrangements, you can request an “involuntary refund” for the ticket for the flight you were bumped from. The denied boarding compensation is essentially a payment for your inconvenience.
- If you paid for optional services on your original flight (e.g., seat selection, checked baggage) and you did not receive those services on your substitute flight or were required to pay a second time, the airline that bumped you must refund those payments to you.
As you can see, in many cases you’re entitled to a sizable cash payment, up to $1,350. However, here’s the dirty secret of the airlines. In a vast majority of cases they’ll only offer cash compensation if you specifically ask for it. Otherwise they’ll offer you the same voucher they gave anyone who was voluntarily denied boarding.
Note, however, that none of this involves taking people who have already been seated off of the plane. That’s because bumping doesn’t work that way, and also because the United flight in question wasn’t overbooked, as discussed below. Continue reading
Thank The U.S. Women’s Soccer Team For Illuminating The Muddled Ethics Of Wage Gap Arguments In Women’s Professional Sports
The U.S. women’s soccer players’ union and the sport’s governing body have agreed to a five-year collective bargaining agreement, improving standards for the national team and pro league and ensuring labor harmony through the next World Cup and Olympics.
In a joint statement, the U.S. Women’s National Team Players Association and U.S. Soccer Federation said they have “ratified a new collective bargaining agreement which will continue to build the women’s program in the U.S., grow the game of soccer worldwide and improve the professional lives of players on and off the field. We are proud of the hard work and commitment to thoughtful dialogue reflected through this process, and look forward to strengthening our partnership moving forward.”
The sides had been operating under the terms of the previous deal, which expired Dec. 31. In recent years, the players have raised issues about compensation and working conditions compared to their male counterparts, casting a shadow over the efforts of the most successful women’s team in soccer history and pitting the federation against wildly popular athletes, such as Carli Lloyd and Alex Morgan.
In March 2016, the players filed a federal complaint with the Equal Employment Opportunity Commission, charging the USSF with wage discrimination. The case remains active.
Now this, from a day before:
In preparation for two upcoming friendlies against Russia, the U.S. women’s national team played the FC Dallas U-15 boys academy team on Sunday and fell 5-2, according to FC Dallas’ official website. This friendly came as the U.S. looked to tune up before taking on Russia on Thursday night in a friendly.
Ethics musings:
1. CBS immediately provides cover, writing,
“Of course, this match against the academy team was very informal and should not be a major cause for alarm. The U.S. surely wasn’t going all out, with the main goal being to get some minutes on the pitch, build chemistry when it comes to moving the ball around, improve defensive shape and get ready for Russia.”
No, there’s no cause for alarm, because maybe the Russian women’s team would lose to amateur teenage boys too. But the women have loudly and indignantly insisted that they should be compensated at the same rate as the men’s soccer team. On what basis? If it is that the women’s team makes as much money as the men’s team (it doesn’t), OK, that’s a valid point. If it is that their skill, performance and level of play require equal pay, I think it is clear that facts and reality are not on their side. Continue reading
The United Ethics Train/Plane Wreck Sails On: A New, Worthless Apology, Ann Althouse Buys A Ticket, And More!
[ And yes, it is worth the attention it’s getting on an ethics blog. Greater ethical lessons and enlightenment can arise out of a transaction at a lemonade stand than in nuclear disarmament talks; this basic, establishing principle of Ethics Alarms still is elusive to many readers, and I don’t know what else I can say to explain it for them. Of course other things are going on: Bulletin: this isn’t a news site. No, the fact that Sean Spicer said that “Even Hitler didn’t use chemical weapons” and the news media, knowing full well what he meant (and that what he meant was technically correct, though still a jaw-droppingly cretinous thing to say) still turned it into a big deal —because he works for Donald Trump, and there for is evil—and Nancy Pelosi even said the it mandated his removal (no, the fact that Spicer is incompetent mandates his removal—“Best people,” Mr President? Remember “Best people”?—but we knew that) is not a more important ethics story.
I am seriously considering just banning every commenter who makes one of those “Why are you writing about this when children are dying in the Congo and Flint still has bad water?” complaints. Write your own damn blog. I have clients, a full time job and many other responsibilities, taught for four hours yesterday, and most of all, had a Red Sox game to watch. Istill posted about 2000 well-considered words. I am not your Ethics Monkey.]
Reports from the still accumulating United Flight 3411 ethics carnage:
Look! A new apology! United Airlines CEO Oscar Munoz performed a backflip and issued a brand new apology for the fiasco on United Express Flight 3411, and said in a statement;
The truly horrific event that occurred on this flight has elicited many responses from all of us: outrage, anger, disappointment. I share all of those sentiments, and one above all: my deepest apologies for what happened. Like you, I continue to be disturbed by what happened on this flight and I deeply apologize to the customer forcibly removed and to all the customers aboard. No one should ever be mistreated this way.
I want you to know that we take full responsibility and we will work to make it right.
It’s never too late to do the right thing. I have committed to our customers and our employees that we are going to fix what’s broken so this never happens again. This will include a thorough review of crew movement, our policies for incentivizing volunteers in these situations, how we handle oversold situations and an examination of how we partner with airport authorities and local law enforcement. We’ll communicate the results of our review by April 30th.
I promise you we will do better.
Sincerely,
Oscar
Quick reactions:
….Well, I hope you will do better, because it would be almost impossible to do worse.
…Wait, I thought the United agents were following procedures and that this was all the fault of the “disruptive” passenger? Didn’t you say that? I’m sure I read that you said that…
…”Outrage, anger, disappointment”? When did Munoz express any of those? The word he used before was “upsetting.” In his previous “apology,” which extended to the passengers who were “re-accommodated,” a weasel word if there ever was one, since they were “un-accommodated’…
…Yes it is too late to do the right thing sometimes, and this apology is a perfect example.
If the soon-to-be-forcibly retired United CEO had issued this apology immediately, contemporaneously with placing every involved employee in Chicago on leave until the matter was fully investigated, it would have been a #1 apology on the Ethics Alarms Apology Scale, the best of the best, the top of the line….
1. An apology motivated by the realization that one’s past conduct was unjust, unfair, and wrong, constituting an unequivocal admission of wrongdoing as well as regret, remorse and contrition, as part of a sincere effort to make amends and seek forgiveness.
However, when such an apology follows a previous apology that expressed none of this, but instead a reflex insistence that no wrong had been committed and that the victim of the wrong was at fault, the second apology becomes a #7 apology on the scale, one that is insincere and not a true apology at all:
7. A forced or compelled [apology], in which the individual (or organization) apologizing may not sincerely believe that an apology is appropriate, but chooses to show the victim or victims of the act inspiring it that the individual responsible is humbling himself and being forced to admit wrongdoing by the society, the culture, legal authority, or an organization or group that the individual’s actions reflect upon or represent .
Munoz’s second apology also insults the intelligence of everyone following the incident. We know what United’s attitude was: the United CEO expressed it:
“Be still peasants, and don’t scream like little girls when you get your comeuppance! We decide what your rights are! Next time, try walking to Louisville! I bet our surly representatives, cramped seats and stale pretzels will start looking pretty damn good before you get though Indiana.”
Now he’s suddenly horrified and contrite. Sure he is: he’s horrified because United stock is falling, and contrite because a public relations crisis management specialist told him to be.
Too late. We know what you really think, and we don’t forget that easily. Continue reading
Quick United Ethics Plane Wreck Passenger Addition: The Journalists And Others Smearing Victim David Dao
Which one is David Dao? What is he like? What has he done? IT DOESN’T MATTER…
I had to post this as soon as a comment on the original post mentioned recent revelations about the abused passenger on—and then off– United Flight 3411 yesterday.
David Dao (that’s his name) will naturally be the object of research by the news media, because he’s now a public figure and they are overwhelmingly scum. However, whatever exposure his past and present receives as a result of his unwelcome celebrity due to a United employee fingering him for no particular reason as a passenger to sacrifice to solve problems of the airline’s own making, none of it has any relevance to the episode. There is no justification for further injuring Dao by invading his privacy. It is a cruel and unethical thing to do. It is unethical journalism, because the details of the doctor’s life do not contribute anything to an understanding of the story and the issues that the conduct of United raises.
Never mind! This is the Paul Newman film “Absence of Malice” crossed with “Airplane”—an innocent bystander is swept up in a controversy, and as a result is embarrassed before the world because journalists never consider the Golden Rule, and seldom care about fairness, decency, compassion or the consequences of what they publish. “The public has a right to know,” they posture. Really? Why does the public have any right to know about Dao, besides what they see on the YouTube videos?
TMZ, a bottom-feeding celebrity site, first dug up Dao’s history, posting a click-bait headline. The Courier-Journal, a Kentucky affiliate of USA Today, then piled on with a story about the “doctor with [a] troubled past.’ The New York Daily News, The New York Post, The Washington Times, The Chicago Sun Times, D.C.’s ABC affiliate and People Magazine all joined the fun, the game being “Let’s see if we can further embarrass and humiliate this man, because United didn’t do enough already.” People’s expose was titled “Revealed: All About the Doctor Dragged Off Overbooked United Flight — and His Troubled Past.”
Did I mention that the woman whose life is put on the front page in “Absence of Malice” kills herself? (Melinda Dillon received an Oscar nomination for the role.) Continue reading
More On United’s “Ethics Plane Wreck”
Ethics Alarms reader Arthur in Maine correctly declared that yesterdays’ multi-stage fiasco involving United Air Lines, an abused passenger and the police would be the first Ethics Alarms “ethics plane wreck.” He was correct.
Now we learn that the entire mess was based on a lie: this was no boating accid….sorry…the flight was not “overbooked.” United just decided at the last minute to fly a flight crew to Louisville, so it bumped four passengers against their will and lied, saying that the flight was overbooked. In addition to the policy-defying employees, and the brutal police, passengers on the United Flight 3411 Ethics Plane Wreck, which has spare seats aplenty, include
Recent passengers:
1. The United staff responsible for the fiasco added to their ethics foul with this official summary of the incident, cited by the United CEO:
Summary of Flight 3411
. On Sunday, April 9, after United Express Flight 3411 was fully boarded, United’s gate agents were approached by crewmembers that were told they needed to board the flight.
. We sought volunteers and then followed our involuntary denial of boarding process (including offering up to $1,000 in compensation) and when we approached one of these passengers to explain apologetically that he was being denied boarding, he raised his voice and refused to comply with crew member instructions.
. He was approached a few more times after that in order to gain his compliance to come off the aircraft, and each time he refused and became more and more disruptive and belligerent.
. Our agents were left with no choice but to call Chicago Aviation Security Officers to assist in removing the customer from the flight. He repeatedly declined to leave.
. Chicago Aviation Security Officers were unable to gain his cooperation and physically removed him from the flight as he continued to resist – running back onto the aircraft in defiance of both our crew and security officials.
Verdict: Dishonest, self-serving and misleading: Continue reading
Ethics Alarms 
Public discussion and media reports is finally waning regarding United’s cascading botch of a full and fully seated flight in which the airline wanted to get four seats back and had neither the law, nor policy, nor sufficient justification to acquire them. Thus its agents lied, exceeded their authority, mistreated a passenger, called in police, and they further escalated the fiasco, badly injuring the victim in the process. (Their conduct was similar in some ways to that of the police officers who killed Eric Garner.)
Even now, however, many people still believe this arose from an overbooked flight. Some misguided pundits are still blaming Dr. Dao. The news media has not taken responsibility for its terrible reporting on this incident, and still hasn’t done a good job explaining what really happened. Meanwhile, Delta has taken advantage of United’s pain by announcing that it will pay up to $10,000 to bumped passengers in the future. And Southwestern won itself an all time record for audacious cheekiness with the above ad, which United deserves. [UPDATE: Apparently this is a hoax, not a real ad. Too bad.]
Here is brian’s Comment of the Day on this ethics train wreck in the sky: