Etiquette and manners

Monday Morning Ethics Warm-Up That Is Turning Up in the Afternoon Because I Looked Up At The Clock And Discovered I Had Missed Three Hours…

/ Jack Marshall / 17 Comments

Good something.

(Damn job…)

1.  Police state, or stupid state? The Boston Globe reports :

Federal air marshals have begun following ordinary US citizens not suspected of a crime or on any terrorist watch list and collecting extensive information about their movements and behavior under a new domestic surveillance program that is drawing criticism from within the agency.The previously undisclosed program, called “Quiet Skies,” specifically targets travelers who “are not under investigation by any agency and are not in the Terrorist Screening Data Base,” according to a Transportation Security Administration bulletin in March.

The internal bulletin describes the program’s goal as thwarting threats to commercial aircraft “posed by unknown or partially known terrorists,” and gives the agency broad discretion over which air travelers to focus on and how closely they are tracked.

But some air marshals, in interviews and internal communications shared with the Globe, say the program has them tasked with shadowing travelers who appear to pose no real threat — a businesswoman who happened to have traveled through a Mideast hot spot, in one case; a Southwest Airlines flight attendant, in another; a fellow federal law enforcement officer, in a third.

Look at these guidelines regarding what kind of conduct and clues could justify investigating a traveler:

I am less concerned with the civil rights implications of such idiocy than I am with the fact that the policy makers responsible for airport security appear to be morons.

But we knew that, I guess. [Pointer: Amy Alkon]

2. And it isn’t just the TSA. Remember when the IRS hired the same firm that had botched the design of the Healthcare.gov website? Now a recent Treasury inspector general’s report tells us that the IRS rehired more than 200 employees fired for misconduct in a little over a year. An earlier IG report indicates that this is a pattern dating back to 2009. It occurs, apparently, because the IRS does not provide officials responsible for hiring decisions with the information about employment history, so the IRS has rehired, among others…

  • A fired worker with several misdemeanor theft convictions and one count of felony possession of a forgery device.
  • 11 employees previously disciplined for unauthorized access to taxpayer accounts.
  • An employee who was absent without leave for 270 hours—the equivalent of 33 work days.
  • An employee fired for physically threatening co-workers.
  • An employee fired for lying about previous criminal convictions on employment forms.
  • 17 employees previously caught falsifying official documents.

Two IRS employees fired for poor performance were rehired within six months. In its response letter to the Inspector General’s Office, the IRS wrote that the IRS “determined its current process is more than adequate to mitigate any risks to American taxpayers, federal agencies, and its employees.”

Oh. All righty then!

Rep. Kristi Noem, (R-S.D.) has presented a bill, the “Ensuring Integrity in the IRS Workforce Act,” to the House that would prohibit the IRS from rehiring employees fired for misconduct or poor performance.

Good. (Pointer: The Daily Signal) Continue reading →

Now THIS Is Ethics Zugzwang! The Unfixable Catch-22 Of Sexual Harassment Law

/ Jack Marshall / 20 Comments

A recent question to the New York Times workplace column “The Workologist” perfectly illustrates a permanent flaw in sexual harassment law. Believe it or not, I have no recommendation regarding how to fix it. I don’t think it can be fixed.

Here was the question:

I work at a blue-collar job, and I am one of four women in a crew of 40. The guys never touch or harass me, or any of the women, as far as I know.They do, however, constantly hug and grab and bump each other in a friendly way. It’s not unusual for one of the guys to go through a whole short meeting (a stand-up “huddle”) with an arm around another guy’s shoulder. No one ever touches me, and it’s not that I want them to. That would be weird. But I almost feel left out. Should I let this “bro contact” bother me?

I love it. Perfect. This is what using the law to dictate ethics can result in, and does result in frequently: hypocrisy, confusion, and a double-bind.

Let’s begin with the last sentence: “Should I let this “bro contact” bother me?” The whole point of “hostile work environment” sexual harassment law is to make sure no woman has to ask this question. A boss who responds to a female employee’s complaint of a hostile work environment-creating unwanted sexual attention in the office with “Don’t let it bother you!” has breached his or her duty under the law.

So what’s going on here? The men in the company have adopted the current fad (Yechhh.) of hugging each other to express a range of things—support, congratulation, sympathy, platonic affection—and quite properly do not hug the few women in their midst, lest one of the females, reasonably or not (or perhaps intentionally, to grab some power or cash) be made “uncomfortable,” take the physical contact as unwanted and sexual in intent, complain, and perhaps sue. By not hugging them, however, the men isolate the women, exclude them from the social fabric of the “team,” and, in essence, discriminate against them by signalling that they are “the other,” thus creating a hostile work environment.

Even if some of the women announced their consent to be treated as “one of the guys,” it would not solve the dilemma. One of those bro-hugs could still turn into a copped feel, or be perceived as crossing lines by the female huggee. Then there is the looming  third party harassment problem: a woman who has not consented to being hugged might see her female colleagues being man-handled (but completely innocently, of course) and assume that consenting to unwanted physical contact was a condition of employment, or that they would be adversely affected if they did not agree to participate enthusiastically in the hug-fest. Not treating the women in the company like the men is discrimination; treating them the same is an open invitation to a sexual harassment lawsuit. Continue reading →

“Wait, Say That Again, Please…This Damn Little Girl I’m Walking With Keeps Distracting Me…”

/ Jack Marshall / 81 Comments

Just because it is becoming an “old man shouts at cloud” cliche to point out that electronic devices are encouraging bad habits that will do unpredictable harm to society and human relations in the future doesn’t mean the observation isn’t true, or that it shouldn’t be heeded.

Yesterday, while walking Rugby in a glorious afternoon sun, I found my attention  diverted by the sound of a tiny child’s shout of glee and wonder.  A little girl, resplendent in a pink dress but not yet capable of coherent speech, had seen my happy Jack Russell from across the street and was pointing to him, laughing, and trying to get the attention of her mother as the two walked along in the opposite direction of where we were headed.  I also tried to get the woman’s notice, since my practice is to take Rugby to kids when they exhibit the reactions the little girl was running through.

The mother, however, was fully occupied talking on her cell phone. She never looked up, never saw me, never saw Rugby, or acknowledged her daughter. She just snatched the girl’s hand—the little girl had been previously hustling to keep up with her—and pulled her past us as the toddler looked longingly behind, and Rugby wagged his tail. Of course, she never interrupted the call, which I’m certain was crucial to world peace.

I see this all the time, more and more frequently: parents spending “quality time” with their children by having the kids walk along side of them (or behind), almost completely ignored, while they give most of their attention to chatting or texting to some distant friend or associate. The behavioreven bothers me when it is a dog rather than a child who being ignored, but dogs recover from neglect, emotional and otherwise, a lot better than children.

That woman, I thought, wouldn’t chat away on a phone call if she were walking with an adult companion, and then I instantly erased the idea: I have seen people doing that, too. Recently, waiting for my wife outside of the 7-11, I witnessed the depressing sight of  four teenagers walking along together, saying nothing, all with their eyed fastened to smartphones. Continue reading →

This Is How Immigration SHOULD Work…And Look! Sometimes, It Does!

/ Jack Marshall / 30 Comments

Although its tone is unfair and though it’s subject has fallen right into lock-step with the enemies—yes, “enemies” is fair at this point—of the President and the democracy he represents—the New York Times has a revealing story about the kind of immigrant the nation should welcome and pronounce exemplars for the process.

Nasrin Sheykhi is a 29-year-old  Muslim woman who was able to come to the U.S. despite the travel ban because she earned what is known informally as an “Einstein visa,” the EB-1A visa, the government will issue to foreign citizens have “extraordinary ability” in such fields as science, education and the arts, and who want to come here. Sheykhi is a political cartoonist and satirical artist, and before her green card was dry, began mocking President Trump and insulting Melania. I don’t think that’s a particularly shrewd course from a supply and demand perspective, but never mind: she’s welcome here, and enhances the nation, as does any immigrant who come legally and has something to contribute.

It is interesting that the so-called travel ban didn’t stop Sheykhi , which is as it should be. From the Times story: Continue reading →

Morning Ethics Warm-Up, 7/26/18: Ominous Portents

/ Jack Marshall / 29 Comments

Good Morning!

This day in ethics: in 1908: the FBI was founded as the the Office of the Chief Examiner, and re-named a year later. Few American institutions have as mixed an ethical legacy, and the cognitive dissonance continues. In 1984, one of the most evil men in U.S. history died, though his exploits have inspired as many works of fiction and entertainment as many a more virtuous figure. Ed Gein, the serial killer who was the inspiration for “Psycho,” “The Texas Chainsaw Massacre,” “The Silence of the Lambs” and many others novels and films,  and about half the episodes on the long-running CBS drama “Criminal Minds, finally went to his maker. The identity of this monster’s “maker” is a matter of debate.

1. Baseball ethics and a troubling societal blind spot.  The American League Rangers finally demoted struggling outfielder Delino DeShields to Triple-A Round Rock on Tuesday. The real question should be what too them so long. Despite playing solid defense in the outfield, DeShields, 25, has hit just .204  in 322 plate appearances this season with an  On base+Slugging total of .570, which is, for you sad baseball unenlightened, objectively horrible. Any OPS under .700 is unacceptable in the major leagues.

Yet an unnamed Rangers player told reporters that such demotions don’t breed a winning culture and instead breed complacency. Funny, I always thought complacency was when an organization just accepted sub-par performance rather than moving to address it. Yes, even in baseball, the toxic idea that employees have a right to their jobs no matter how well or poorly they perform them is on the rise, and with it support for America’s socialists. Continue reading →

Morning Ethics Warm-Up, 7/23/2018: Look! A Trump And Biased News Media-Free Warm-Up!

/ Jack Marshall / 39 Comments

Good morning.

The three days of heavy rain wouldn’t bother me so much if it didn’t make Rugby so miserable. You do NOT want to be cooped up with an unhappy Jack Russell Terrier. Trust me on this.

1. Baseball Ethics, Jerk Division. Watch this:

Yes, that guy deliberately took a baseball away from a kid who lost hold of it after it had been tossed to him by Cubs first base coach Will Venable during yesterday’s Cubs-Cardinals game. Apparently the child was given a replacement ball by the Cubs, and this one was autographed. The gesture also took some the inevitable heat off the jerk who snatched the ball. with the Cubs telling reporters that he had helped the same boy get a ball earlier in the game and wasn’t really a monster.

A few points:

  • That the kid ended up, as some commentators put it, “better off” because the jerk stole his ball is pure moral luck, and doesn’t make what the guy did any less wrong, cruel or despicable.
  • Neither is it mitigation that the same man—claims the Cubs—helped the kid get another ball earlier. What kind of ethical principle is that? “I helped you before, so this entitles me to steal from you now: all even, right?”
  • Please save some contempt for the woman the jerk gave the purloined ball to. She should have handed the ball right back to the child, She’s as big a jerk as her friend is.

2. Now consider this: what if the jerk was a federal judge nominated to fill a Supreme Court seat? Would that video be fair game to consider in evaluating his qualifications to be a SCOTUS justice? Let’s have a poll:

Continue reading →

Morning Ethics Warm-Up, 7/20/18: Out Of Bounds

/ Jack Marshall / 22 Comments

Good Morning!

1. Here is the level of logic and ethical reasoning the public is subjected to by the media: Here is NBC Sports blogger Bill Baer on why it is misguided for the Milwaukee Brewers not to punish relief pitcher Josh Hader—whose career crisis I discussed here–for tweets he authored when he was in high school seven years ago:

The “he was 17” defense rings hollow. At 17 years old, one is able to join the military, get a full driver’s license (in many states), apply for student loans, and get married (in some states). Additionally, one is not far off from being able to legally buy cigarettes and guns. Given all of these other responsibilities we give to teenagers, asking them not to use racial and homophobic slurs is not unreasonable. Punishing them when they do so is also not unreasonable.

A study from several years ago found that black boys are viewed as older and less innocent than white boys. A similar study from last year found that black girls are viewed as less innocent than white girls. Michael Brown, Tamir Rice, and Cameron Tillman, among many others, never got the benefit of the doubt that Hader and countless other white kids have gotten and continue to get in our society. When we start giving the same benefit of the doubt to members of marginalized groups, then we can break out the “but he was only 17” defense for Hader.

How many repeatedly debunked false rationalizations and equivalencies are there in that blather? It’s not even worth rebutting: if you can’t see what’s wrong with it…if your reaction is, “Hey! Good point! Why is it OK for a cop to shoot a teenager for charging him after resisting arrest, but not OK to suspend a ball player for dumb social media posts he made in high school?”…I am wasting my time. And NBC pays Baer as an expert commentator. It might as well pay Zippy the Pinhead.

2. Is this offensive, or funny? Or both? Increasingly, we are reaching the point where anything that is funny is offensive, thus nothing can be funny. The Montgomery Biscuits, the Tampa Bay Rays’ Double-A affiliates, will be hosting a “Millennial Night” this weekend, being promoted with announcements like this one: “Want free things without doing much work? Well you’re in luck! Riverwalk Stadium will be millennial friendly on Saturday, July 21, with a participation ribbon giveaway just for showing up, napping and selfie stations, along with lots of avocados.”

Apparently there has been a substantial negative reaction from millennials, and the indefinable group that is routinely offended on behalf of just about anyone.

Nonetheless, I agree with the critics. I think the promotion goes beyond good-natured to insulting. It’s like announcing a Seniors Night by guaranteeing free Depends and promising extra-loud public address announcements that will be repeated for the dementia-afflicted who forget what they just heard. [Pointer: Bad Bob] Continue reading →

Morning Ethics Warm-Up, 7/13/2018: Trump And Strzok

/ Jack Marshall / 20 Comments

Good Morning, London!

1. Trump Trump Trump. You know, I was on a political Facebook page in 2016 where an idiot kept posting “Trump Trump Trump” despite everyone, including the moderator, telling him to cut it out. Eventually he was banned from the site. Unfortunately, there is no similarly simple solution to this problem when a combination of the Trump-hostile news media and the President himself forces a variety of ethics issues on me, when I would rather be musing about baseball, old sitcoms, and guys in lobster hats.

  • The pardons. President Trump  pardoned Dwight L. Hammond, now 76, and his son, Steven D. Hammond, 49, a pair of Oregon cattle ranchers who had been serving out five-year sentences for arson on federal land, which had sparked the armed occupation of a wildlife refuge in 2016. Naturally these pardons were attacked, because anything Trump does will be attacked. The resulting conflict brought widespread attention to anger over federal land management in the Western United States,and that’s a good thing. How can the federal government justify owning almost half of Western land?

As for the pardons, both men have served most of their sentences already, and not only were the sentences unusually harsh for their offenses, the cases had the whiff of political prosecutions about them. They were perfectly legitimate objects for Presidential pardons, but then so are hundreds of thousands of other cases. Presidents should issue as many pardons as possible, which means eliminating a lot of the red tape. So far, Trump has sucked the tape by cherry-picking beneficiaries in his own, eccentric, biased way, using his unique, unassailable Constitution-based power to court supporters, celebrities and particular constituencies—not that there’s anything wrong with that, as long as other deserving citizens also get pardoned, and really, all but the most unrepentant, vile and dangerous felons deserve mercy and compassion eventually. Unless the pardon power is used broadly and constantly, its blessings too often depend on who you know. In the case of the ranchers, for example, a large donor to Vice-President Pence lobbied for the pardons. Again, that doesn’t mean the pardons can’t be justified. It does mean the process is skewed by factors not related to justice or fairness.

I found this to be the most ethically intriguing paragraph in the Times story about Pence pal, tycoon Forrest Lucas, and his likely influence on the pardons:

“While other presidents have also gone ahead of Justice officials to pardon apparent allies, they have often waited until their final days in office to do so. Mr. Trump, by comparison, has issued high-profile pardons early and comparatively often — seemingly unconcerned by the appearance of leaning his ears toward those at the top.”

So is Trump being unethical in a more ethical fashion than his predecessors?

  • Bad host, worse guest. The President’s derogatory comments about the British Prime Minister were indefensible, of course. We know how he thinks: Great Britain, as he has said, with justification, has made him feel unwelcome—that insulting “Trump baby” blimp over London is a real diplomatic low—and thus, in Trump’s rudimentary ethics system, akin to that of a lizard, the proper response is tit-for-tat. None of this is unexpected, and nobody who voted for Trump can say that they didn’t give him license to behave this way by electing him.

I do wonder now why I ever thought that he would react to being elected by moderating the very conduct that, in his mind and probably in reality, got him where he is today. My role model for him was President Arthur, who was about as different in character and background from Donald Trump as a human being could be.

I’m an idiot. Continue reading →

An Urgent Message From Your Host

/ Jack Marshall / 78 Comments

I appreciate that there are strong personalities with strong opinions in the colloquy here, and I like it that way. I also appreciate those of you with an acid pen. I do not want to censor Ethics Alarms. Established participants here get great leeway with language, because they have credit in the bank, and have earned the privilege of an occasional lapse. I also realize that harsh language has its uses.

However, direct attacks, including threats, against other commenters isn’t acceptable. It makes my blog look ugly, for one thing, and discourages new readers. It also, obviously, undermines the mission.

I do not want to micro-moderate Ethics Alarms, and I believe that all of the regular participants here are worthy of the trust I place in them.

Don’t disappoint me.

Morning Ethics Warm-Up, 7/9/2018: Searching For Something Positive In The Ethics News, Failing

/ Jack Marshall / 24 Comments

Good morning.

1. Is it unethical to never be satisfied, or just human? Or just American? The Boston Red Sox are winning too much, and I don’t recognize my team.  Over the weekend, literally for the first time in my life, I found myself feeling sorry for an opposing team and its fans. The poor Kansas City Royals (who are, I know, in the process of tanking) looked hopeless as the Red Sox swept a three game series. KC, not long ago a World Series champion, looks like it will lose 105 games or more. My team has always been the underdog. I don’t want to root for crypto-Yankees.

2. Yeah, I wish the President would just announce his SCOTUS pick and not make it into a circus.

3. Another Ethics Alarms Lost Post…A Carolyn Hax advice column from March missed  getting the post I intended at the time, and I just stumbled across the old file. A woman who had planned a huge wedding was jilted by her fiance shortly before the big date, as he ran off with an old flame. She asked Carolyn if she was wrong to be angry at invited friends and relatives who wanted her to reimburse them for non-refundable airline tickets, and to never want to have any contact with them again. Hax said that such people don’t deserve anything better, and ought to be written off in perpetuity.

That was an easy call for the relationship columnist, but I found  myself reflecting on other matters, like whether I have any friends and relatives who could be expected to behave that atrociously, venally and compassionlessly (relatives yes, friends, no, I think). Another question: what’s the matter with people, and how do they get this way? Someone you care about is slammed with a life catastrophe, and your first reaction is to demand that she pay for your inconvenience?

4. Yes, “enemy of the people” is accurate…From Glenn Greenwald (via Althouse): Continue reading →