Business & Commercial

The Unethical Ploy Of The Blameless, Powerless Agent

/ Jack Marshall / 31 Comments

It happened again.

Do you ever feel like Jerry when they didn't have his rental car?

Do you ever feel like Jerry when they didn’t have his rental car?

I am always friendly, respectful, kind and generous to people behind desks, windows and counters, unless they engage in a particular kind of conduct that is guaranteed to cause me to be confrontational and critical, and that almost always leaves me feeling simultaneously guilty and infuriated. This is when an agent of a service provider announces, almost always with a smile, that the organization/company/government agency will not be able to do what it has assured me, often for a price, that it would do, or is not able to do it at an acceptable level of quality, or perhaps in the promised time frame. The agent helpfully tells me that I am stuck with the  inferior product or service I bargained for and relied upon, and that yes, it shouldn’t be this way, but it is, so there.

Then, when I express some dissatisfaction with that result, explanation, and most important of all, the absence of any guaranty that I will be compensated or that the organization, while acknowledging its failure, has given any thought to compensating those like me or executing some response in time for my problem to be, if not solved, mitigated, the agent pathetically points out that he or she is just a humble and powerless messenger and that it is cruel of me to persist in expressing my dissatisfaction to him or her, since the agent is neither responsible for the problem nor has any power to fix it.

This is where I lose it.

And it happened again.

My wife and I paid close to $1500 ( in fees only, transportation and lodging not included) for the privilege of attending a national conference of a professional association to which we belong. When we arrived at the site hotel to register and pick up our credentials, badges, tickets and materials, shortly before the opening reception, we were told by a cheery, smiling woman that our name and convention materials were not there. “But we paid for them, and pre-registered,” my wife said. “I got a confirmation. We were told in an e-mail response that the materials for events and programs we designated would be waiting for us here.”

“Ah, then you must have registered on-line after Wednesday,” she told, us smiling. “Unfortunately, we were already here by then, and there was no way for us to make out your package! And you don’t have one of our formal, printed, professional badges that make you look like the member you are, but I’m happy to give you a crappy sharpie so you can scratch out a couple and look like you snuck in instead of paying 1500 buck for the privilege. Isn’t that good enough?” (She didn’t quite say it that way, but that was the gist of it.)

“Well, no, actually, it’s not,” I said.  “Your confirmation said that everything would be ready for us here. It isn’t ready.”

“That was just an automatic response, sir.”

THERE it is! “Don’t blame the owners and programmers of the computer, sir—it’s Skynet’s fault!”  Do not tell me that. Ever. Continue reading →

Virginia Governor Bob McDonnell On How To Sound Like A Crook

/ Jack Marshall / 13 Comments
Why is this man smiling?

Why is this man smiling?

I posted earlier on the blatant violation of basic conflict of interest principles (not to mention de facto bribery) by Virginia Governor Bob McDonnell (R). Following increased criticism and talk of forcing him to resign, McDonnell announced on his weekly radio show (“Ask the Unethical Governor,” or something like that) that he was returning the many gifts and repaying the loans that came to him and members of his family from Star Scientific chief executive Jonnie William.

His comments read like a primer on how to sound like a slippery and dishonest politician, which, it seems clear, he is. Here are  some highlights, with my comments in bold: Continue reading →

When The Incompetent Meet The Corrupt: The U.S. Postal Service vs Lance Armstrong

/ Jack Marshall / 18 Comments
Left to right: Lance Armstrong's lawyers, the U.S. Postal Service, Lance.

Left to right: Lance Armstrong’s lawyers, the U.S. Postal Service, Lance.

The U.S. Postal Service, virtually insolvent and incapable of doing anything about it, wasted $31 million in 2000 on a four-year contract sponsoring Lance Armstrong and his cycling team. Why? Search me. Still, it was , the Service says, paying to endorse champions, not cheaters, which is what Armstrong and his team were. Now Postal Service is joining a false claims lawsuit, claiming that Armstrong and the team defrauded the government and violated their sponsorship contract by using performance-enhancing drugs. The Postal Service filed the suit shortly after Armstrong finally admitted that what had been alleged for over a decade, what he had denied and sued over and attacked and protested and postured indignantly in pained and defiant terms was, in fact true. He had used illegal and banned substances and methods on the way to his epic success, hero status and world fame.

Armstrong is also a crook, taking millions from the Post Office and other sponsors who believed he was a real champion rather than a phony one. It would be nice, inspiring even, if just one lying, cheating miscreant voluntarily returned the millions he acquired through dishonest means, rather than using those millions to hire super-lawyers to allow him to keep the ill-gotten gains. Lance, however, bottom of the ethics barrel-scum feeder that he is, would not be my most likely candidate for such a noble display. Indeed, he is living up to my low expectations. Continue reading →

“Lookism” And The Plight of the Borgata Babes

/ Jack Marshall / 35 Comments
"Uh...Desiree? We need to talk..."

“Uh…Desiree? We need to talk…”

Atlantic City’s Borgata Hotel Casino & Spa calls its waitresses the “Borgata Babes,” and makes its hiring decisions accordingly. The cocktail waitresses’ job description requires part fashion model, part beverage server, part hostess, and entirely eye candy for the male of the species.  When the casino  hires a new BB, it weighs her. If her poundage increases by more than 7 percent, the casino reserves the right to suspend her until she’s back in flirting trim.

Anyone could see this lawsuit coming a mile away, and sure enough, twenty-two newly-portly babes lost a lawsuit against the casino in which they claimed sexual discrimination. (There are no male equivalents to the Borgata Babes, just the usual ugly, flabby male waiters and bartenders.) New Jersey judge Nelson Johnson ruled last week that the Babes are paid sex objects, and that the Borgata’s requirements were legal because the women were aware of them and accepted them as a condition of their employment. Johnson wrote, “Plaintiffs cannot shed the label ‘babe’; they embraced it when they went to work for the Borgata.”

Slate, in writing about the case, sees the ruling as an endorsement of weight discrimination that could spread like the flu, putting corpulent women and men on the breadlines. ” Says Slate:

[T]he ruling also raises questions about the role of babes in workplaces across the country. It’s conventional wisdom that male gamblers will keep pulling away at the slots as long as they’re lubricated by strong drinks served up by babely women. But wouldn’t some female patrons prefer to be served be hunky pieces of man candy? And couldn’t most workplaces argue that its jobs are better performed by babes, regardless of the venue? Is it OK to require that strippers be babes? Casino waitresses? How about investment bankers?”

Now there’s a slippery slope argument if I ever saw one. While it is true that physical attractiveness can be an employment asset in virtually any job—note #2 on fired TV reporter Shea Allen’s “confessions”— there are some jobs for which it is the primary, or at least a substantial and thus legitimate requirement. Strippers, of course. Fashion models. Cheerleaders. Actresses. Personal trainers. Fox newsreaders. Hooters girls, and pretty obviously, Borgata Babes. To say that a business can’t make a decision to have fantasy sex objects as part of its appeal is an excessive use of political correctness grafted to state power. Essentially, the suing Babes are arguing that they can pull a bait and switch—use their well-toned beauty to get hired, agree to maintain the high standard of visual perfection that they presented to their employer, then go to pot and sue if their employer objects. Beauty is an asset in the workplace and a tangible one: the pressure on the culture to behave as if that asset doesn’t exist (the pejorative labeling of a preference for the lovely over the hideous as “lookism” is the weapon of choice) and to prohibit employers from ever hiring on that basis in jobs where it is a substantial and relevant qualification is as unfair to the fit and comely as requiring an investment banker to look like Kate Upton.

Since the law will require, and should require, clear standards, there will need to be a legislative determination of what kind of jobs for men or women can justify termination when their occupants become unsightly. The law should also, however, permit a job applicant’s appearance to provide a legitimate and legal edge when all other qualifications are equal even when the job itself does not have any beauty or fitness requirements. I do not deny that this is an ethical and emotional minefield, implicating age and race bias, and that there are some contentious battles to be fought. I do deny that the Borgata Hotel Casino & Spa is the place to fight one.

One place where the appearance discrimination battle does need to be fought is Iowa, where the case I wrote about earlier, in which a hen-pecked dentist sought to fire his attractive and competent assistant because he found her “irresistible” and his wife was jealous, had the same ridiculous resolution last week. Yet another Iowa court ruled that her impeccable appearance was a legal justification to can her. That’s as outrageous as firing a dental assistant because she’s put on a few pounds, but being a “babe”—or not—should be irrelevant to one’s skill in flossing teeth.

It does give some hope to the ex-casino waitresses. I hear they are hiring unsexy dental assistants in Iowa.

_____________________________________

Facts: Time

Sources: Slate, UPI

Graphic: YouTube (Yikes!)

Ethics Quiz: The Braless, Blogging Reporter

/ Jack Marshall / 44 Comments
Too much information?

Too much information?

Shea Allen, an investigative reporter for WAAY-TV, a Huntsville, Alabama, ABC affiliate,  was fired from her job despite what had been considered sterling work because of a post she made on her personal blog.

Titled “Confessions of a Red Headed Reporter,” it was a light-hearted list of, she thought, minor quirks and trivial transgressions.

The fateful list:

1. I’ve gone bra-less during a live broadcast and no one was the wiser.
2. My best sources are the ones who secretly have a crush on me.
3. I am better live when I have no script and no idea what I’m talking about.
4. I’ve mastered the ability to contort my body into a position that makes me appear much skinner in front of the camera than I actually am.
5. I hate the right side of my face.
6. I’m frightened of old people and I refuse to do stories involving them or the places they reside.
7. Happy, fluffy, rainbow stories about good things make me depressed.
8. I’ve taken naps in the news car.
9. If you ramble and I deem you unnecessary for my story, I’ll stop recording but let you think otherwise.
10. I’ve stolen mail and then put it back. (maybe)

Your Ethics Alarms Ethics Quiz:

Was it fair for the station to fire her? Continue reading →

The Halliburton Plea Bargain: Why We Have To Start Sending Corporate Executives To Jail

/ Jack Marshall / 11 Comments
"BAD company! BAD! Now go feel sorry while you count your money."

“BAD company! BAD! Now go feel sorry while you count your money.”

The news media and pundits were too entranced by Anthony Weiner’s package, the royal baby, whatever it was, and President Obama’s  third or fourth promise to make the economy his primary focus every waking hour between fundraisers and expensive junkets to notice that the old villain of the Left, Halliburton, once again got away with corporate villainy of the worst kind. You see, Halliburton executives engaged in ethics accounting, essentially balancing the possible penalties that might arise from illegal and unethical conduct against the benefits, and decided, sure, let’s destroy evidence that shows that Halliburton had more to do with the deadly and ecologically devastating Deepwater Horizon explosion that created the Gulf oil spill than regulators and the courts currently know.

The company’s crime—remember, Scooter Libby was sent to jail for obstructing justice regarding the investigation of a crime that didn’t exist—was discovered, so it made a sweet deal with the Justice Department: it agreed to pay the maximum allowable fine of $200,000 ( perspective: this would be considered a joke of a fine for steroid use by a major league baseball star) and will be subject to a three year probation; the company continue its cooperation with the government’s criminal investigation (which is its duty anyway), and to really show its contrition and yummy goodness, Halliburton made a voluntary contribution of $55 million to the National Fish and Wildlife Foundation to clean off those oil-covered sea birds and otters, and that kind of thing.

Awwwwwww…

Disgraceful and outrageous. Continue reading →

Scapegoating Ethics

/ Jack Marshall / 21 Comments
Scapegoat

Meet Rick Eckstein. He understands. Really.

As it does predictably and constantly, the daily drip-drip-drama of baseball has given us another ethics quandary to ponder, arising in the context of the sport but with far more significant applications. The issue: is it ethical for an organization to deal with a crisis by firing someone for symbolic value, rather than for cause?

I have written about this traditional phenomenon in baseball before, but the current example is far less defensible on either tactical or public relations grounds. Last season, the Washington Nationals accumulated the best record in the sport, and though they flopped in the play-offs, were almost unanimously expected to be strong pennant contenders in 2013 by baseball prognosticators and more importantly, their fans. So far, at least, those expectations have been dashed. The season is almost two-thirds done, and the Nationals have been uninspiring at best. They have won fewer games than they have lost, and are trailing the Atlanta Braves by an alarming margin. Their pitching has been worse than expected, and their offense has been atrocious.

As is often the case in baseball when teams have a disappointing season after a good one, there is no obvious way to fix the problems mid-season, other than to hope the players start playing better. Unlike the other major team sports, baseball team performance is notoriously quirky, just like the game they play. Excellent players have down years frequently (though not the same players, or they would no longer be considered excellent). Team chemistry evaporates; the ball bounces funny ways. In the case of the Nationals, the most obvious problem has been a flood of sub-par years from almost all the starting position players, with an unhealthy serving of injuries.

The team’s response to its frustration and, really, lack of any substantive way to address it was to fire the team’s batting coach, Rick Eckstein, last week. Continue reading →

Ethics Mega-Dunce: The First National Bank in Wellston, Ohio

/ Jack Marshall / 12 Comments
Katie Barnett, the victim.

Katie Barnett, the victim.

As I cull the news to find good topics for ethics discussions, the single thought that goes through my mind most frequently is this: “What is the matter with people?”  This is often followed by “How do people get this way?” and later, “What can we do with them?”

Most ethical decisions are not brain teasers. They are strikingly obvious, unless you are determined to do wrong, an evil super-villain, or were raised in a barn. How people of influence without a serious head injury can make the horrible decisions they do is one of the mysteries of the age, along with the fate of Judge Crater, the elusiveness of Bigfoot, and the continuing popularity of Jimmy Kimmel.

Imagine, for example, that you run a bank. The Three Stooges wannabes who you sent to repossess a home get the address wrong (the lawn hadn’t been mowed, so they “just assume”), and they trash the wrong house. They remove possessions, losing some, auctioning off others, damaging the rest. The innocent owner of the home comes to you and points out that your contractors screwed up outrageously, a fact that is beyond rebuttal. She presents you with a good faith estimate of the property that was lost—never mind the trauma of having her home emptied by strangers and the fact that she has had to live elsewhere for two weeks. What do you do?

If you are the president of the First National Bank in Wellston, here’s what you do, because you have a non-functioning ethics alarm and more than a few screws loose in other places besides: you reject her assessment, and try to low-ball her on the amount.

“What is the matter with people?”

“How do people get this way?” Continue reading →

More Evidence That Nobody Gives A Damn

/ Jack Marshall / 7 Comments

If you can’t rely on quality control and professionalism at a major league baseball park, then the end is nigh.

At San Francisco’s AT&T Park Wednesday night, the batter’s box was apparently drawn by a drunk groundskeeper, and looked like this….

Bad field

 

…when it’s supposed to look like this, which is to say, with straight lines:

Batters box

 

Nobody noticed…not the players, not the umpires, not the managers. Oh, the broadcasters mentioned it, but even though the chalk did not meet the regulation requirements, no effort was made to put it right. On The Blaze, which picked up the story from Yahoo Sports, the baseball-dense commenters’ general response was “Who cares?”  Yeah, keep that attitude up, bozos, it’s probably how you do your job too.

Fans pay from $45 to $100 bucks a ticket for games at big league baseball stadiums, and the clubs rake in many millions of dollars. A batter’s box like that is the equivalent of a new Lexus with a rattle, a 5-star restaurant that never can serve a souffle before it falls, a public school teacher who says “ain’t,” nurses who don’t wash their hands and a Congress that can’t pass a budget. It’s unprofessional. It’s an insult to the consumers. It demonstrates incompetence, laziness, poor training and bad management. And if we tolerate it, the attitude will spread and get worse.

Yes, it’s “only” the chalk lines of a batter’s box. But that’s not the way they are supposed to be, and “professional” is supposed to mean that the way things are supposed to be is the way they will be.

Does anyone in this country know that any more?

________________________________

Sources: The Blaze, Yahoo!

 

Ethics Quiz: Facebook’s War On Chiggers

/ Jack Marshall / 27 Comments

chigger_bitesA Michael Z Williamson revealed that his post…

“I think we can be bigger than the niggardly diggers looking for reasons to be offended. Post with vigor about chiggers and riggers and giggers”

…was taken down by Facebook, which informed him that “We removed this from Facebook because it violates our Community Standards.”

In light of this, conservative blogger Charlie Martin wants to know how Facebook reconciles this action with its allowing multiple “kill George Zimmerman” pages, and even more pages with “nigger” in the title.

Your Ethics Alarms Quiz of the Day:

Is Facebook’s enforcement of its “community standards” fair, objective, and unbiased? Continue reading →