Ethics Lessons Of The Dallas Prosecutor-Uber Driver Confrontation

Dallas prosecutor Jody Warner was fired from her job in the Dallas District Attorney’s office for an ugly—and subtantially recorded—argument with an Uber driver.

“Although criminal charges have not been filed, her behavior is contrary to this office’s core principle of integrity, and it will not be tolerated,” the DA’s office said in a written statement. “As public servants, we represent the people of Dallas County and are examples of justice, professionalism, and ethical behavior both inside and outside of the courtroom.”

What happened?

Yikes.

Uber driver Shaun Platt said he picked up Warner, 32, at a Dallas bar. He knew pretty quickly that he had a drunk on his hands, as she yelled at friends out the window when she got in his car. Warner directed him to take a different route from the one his GPS suggested, and he got lost.

“I said, ‘Should I make a left up here?’ and she refused to answer me,” Platt said. “She said, ‘You can follow the fucking GPS’ and she became increasingly angry, even though I was just trying to get her home.” Warner continued berating him, and, he claims, slapped his shoulder. At that point, he pulled his car over, ended the Uber app, and ordered her out.

But the prosecutor refused, threatening that he was “never going to work again” and that she “knows people.”  “Who are they going to believe? I’m a district attorney,” Platt says she told him. (Unstated but understood: “And you’re just a dumb Uber driver!’) At that point he called 911 and started recording her comments on his cell phone.

Highlights:

  • “Oh, my God, you’re going to regret this so much.Just take me home, dude. … Either drop me off at my house, or we’ll wait for the cops because I’m not wrong.”
  • “You’re a fucking idiot.We’ll wait for the cops then if that’s what you think is appropriate.”
  • “Oh my God, you’re an idiot. You are a legitimate retard. I want to go home so badly but you’re so stupid I want the cops to come so that they can fuck you up, that’s what I want.”
  • “Dude, everything’s being reported.I’m an assistant district attorney so shut the fuck up.”
  • “I think this might be kidnapping right now, actually.”

After that statement, the non-lawyer Uber driver correctly made the salient legal point that since he had asked her to leave, and she was free to leave, “It’s not kidnapping, ma’am.”

She replied, “No, it is because there was an Uber that had a destination and you have not taken me to that destination. You’re holding me here, so please take me to that destination.”

Oh..huh? Continue reading

Morning Ethics Warm Up, 11/15/17: Rush, Creepy Joe, Fake Fake News, And Yum-Yum

Good Morning!

1 Save the “Mikado”! Yesterday I was honored to be able to participate in a Smithsonian Associates lecture on the careers and operettas of Gilbert and Sullivan. The Georgetown Gilbert and Sullivan Society was kind enough to invite me to sing “Tit Willow” as part of its segment at the event, which played to a full house. It’s a shame, and alarming for the future of live theater, operetta, and the vitality of the G$S canon, that the average age of participants appeared to be approximately 94, give or take a decade.

Before I warbled “Tit Willow,” once as well-known to the average U.S. adult as “My Way” (John Wayne sings the chorus in “The Shootist”) I went off-script to say, “As you all probably know, this song is from ‘The Mikado.’ It is a wonderful show, and don’t believe anyone who tells you otherwise.” The statement got nods and knowing looks, because they knew exactly what I was talking about.

Right now, the more than 80 Gilbert and Sullivan performance groups in the U.S., plus various opera and regional theater companies, have almost abandoned the best and most performed of the 14 sui generis shows by the great duo for fear of getting into a political correctness battle. “The Mikado,” you see, is now considered “racist,” because Gilbert had the ridiculous (and typical) idea of presenting a satire of English foibles and personalities as if Great Britain had suddenly been turned into an upside-down version of Japan. The script is self-referential on the gag (“I often wonder, in my artless Japanese way…”; “He might have had initials on his pocket handkerchief, but Japanese don’t carry pocket handkerchiefs!” ), as Gilbert was one of the fathers of post-modern humor. The show has been popular in Japan, and all over the world. A popular Broadway adaptation (“The Hot Mikado”) had an all-black cast—still in Japanese costumes—speaking and singing jive versions of the dialogue and songs. Gilbert included a song (“I’ve got a Little List”) that accommodated current events updates, so the show is arguably the most continuously topical of all the Victorian operettas—and all of them are still funny.

Never mind all that. “The Mikado” has been targeted by offense-mongering progressives, and theater companies, which are always a bad decision or two from bankruptcy, find it easier to cave and just produce “The Pirates of Penzance” instead.

“The Mikado, ” directed and performed properly, is better than 85% of all Broadway musicals. It is also cheaper, can be performed effectively by all ages, is infinitely adaptable, and is free: it’s in the public domain. It is a cultural treasure, as important to preserve as the best Shakespeare tragedies or  “David Copperfield.” The battle for “The Mikado” has to be fought, and if there is any theater company out there, amateur or professional, who has the guts to fight it, call me. I can help.

2.  Ridiculous Roy Moore defense of the week. I haven’t been listening to Rush Limbaugh for a long time: is he finally losing it? This week he appeared to be suggesting that because Roy Moore was a Democrat when he was lusting after teen-age girls, there is some kind of hypocrisy involved in the controversy over his Senate campaign, saying,

“Did you know that before 1992, when a lot of this was going on, that Judge Moore was a Democrat? Nobody said a word. When he supposedly was attracted to inappropriately aged girls — he was a Democrat.”

So what? Moore could have been a Rosicrucian when he was molesting girls, and it wouldn’t matter. He’s running for the U.S. Senate NOW, and as a Republican. Either Rush is deliberately making what he knows is a terrible argument that will confuse idiots in his audience, meaning that he is dishonest, or he really believes that it is some kind of mitigation to the GOP’s irresponsible support for Moore that he was a Democrat when he broke the Alabama child molestation law. This would mean that Rush is now an idiot himself. Continue reading

Morning Ethics Round-Up, 11/14/2017: Welcome To The I Hate The President Hotel! Appearing In Our Lounge, George H.W. Bush’s Favorite Magician!

Good morning!

(I miss you. Jimmy!)

1 What a revolting development THIS is!

Liberals traveling to Washington, D.C., may soon have a place to stay that’s catered to them – an anti-Trump hotel scheduled to open in spring 2018. The Eaton Workshop hotel is billed as “the world’s first politically motivated hotel,” according to Bloomberg.  Its founder, Katherine Lo, told the news outlet that the 209-room hotel will open near the National Mall, mere blocks from the Trump International Hotel.

Lo said the hotel isn’t meant “to bring together left and right,” but to attract liberal guests and those who consider themselves “woke.” “Self-selection is definitely one of our strategies,” she said. “We wanted to emphasize that it’s a place for people who are thinking outside the box and want to effect a change in the world.”

The hotel will prioritize community outreach, Bloomberg reported, hosting a series of progressive lectures and fireside chats and partnering with local artists and museums to provide art installations and exhibitions. An anti-Trump video installation in the lobby will also show footage of the 2012 and 2016 elections…Locations are also planned in Hong Kong, Seattle and San Francisco in the coming years that would have spaces for radio stations, multimedia studios and venues for musicians and artists to express their activism.

“We plan to have new ideas in the minibar — an activist toolkit, for example, that includes sheets with information to help you call your congresspeople,” Lo told Bloomberg. “And if we’d been open during this year’s Women’s March, I could have seen us putting poster boards and markers in the rooms.”

I have been reading essays from various quarters concluding that Trump-Hate is fast becoming a clinical condition. This would support that; the question is how many travelers are this far gone into hyper-partisan madness. That aside, we have yet another example of the irresponsible and unAmerican push to shatter American society, make everything political, and to encourage partisan isolation, apartheid, and warfare.

The hotel is cultural poison.

2. Ah, this couple was made for each other! Kayla Moore, wife of Alabama Senate candidate Roy Moore,posted a letter on Facebook over the weekend indicating that more than 50 Alabama pastors still supporter her husband. The letter with their endorsement originated before the GOP primary, however. Mrs. Moore deceptively made these pastors appear to endorse Moore despite the subsequent llegations of his molesting one young teen, assaulting a second, plying another with liquor, and generally being too creepy for normal people to think about without getting ill. Already some of the pastors listed have asked to be removed from the list.

The pastors did endorse Moore in the first place, though, so I wouldn’t want to speculate on how many of them would echo the brain-exploding excuse by Alabama State Auditor Jim Zeigler, who said,

“Take the Bible. Zachariah and Elizabeth for instance. Zachariah was extremely old to marry Elizabeth and they became the parents of John the Baptist. Also take Joseph and Mary. Mary was a teenager and Joseph was an adult carpenter. They became parents of Jesus.”

[Warm-Up Open Book Quiz! Name the rationalizations!]

When I see wives standing up for politicians like Moore, I often wonder, “How can they do that? ” Here’s how: they are sleazy and unethical too.

3. Ugh. Now another woman has accused Bush 41 of groping her during a photo shoot, this one in 2003, and when she was only 16. I believe her, in part because of the ex-President’s spokesperson describing the “joke” he liked to tell female admirers about how his—I still can’t believe I have to write this—favorite magician was “David Cop-A-Feel.”

There is strong evidence that the federal government is Sexual Harassment And Assault East, perhaps not as bad as Hollywood, but just as hypocritical and inexcusable. George H. W. Bush was part of that privileged and abusive old boys culture. The Harvey Weinstein Ethics Train Wreck is just now arriving at the Capitol, which is ironic, since Bill Clinton and his unprincipled defenders started it rolling way back in 1998. Continue reading

Yu Darvish And The Ethics Of Unnecessary Apologies

TMZ reported that Yu Darvish, the highly-regarded Dodger starting pitcher who may have delivered the worst World Series performance for a hurler ever, apologized to Dodger fans following his early exit from Game 7. Darvish didn’t make it out of the second inning in either of his two starts.

To begin with, I don’t think he apologized. Darvish said, “Dodger fans … they expect we won the World Series. I couldn’t do it. I still feel sorry,but I did my 100%, so…” Of course he’s sorry that he stunk during the Series, lost two games, and was a major reason his team was defeated by the Houston Astros. He regrets tat he didn’t play better. That, however, is not the same as apologizing, which is how TMZ and—yecch–Breitbart headlined the story.  It is a social balm to say that you  are sorry that your best efforts weren’t good enough, but one should not apologize for bad results unless your conduct was wrongful in some way. An athlete not being at his best on a given day is not wrongdoing. It’s moral luck. If he performed badly because he was drunk, or tried to lose, or didn’t prepare properly, then he owes his stakeholders an apology for breaching their trust and his duty of competence. If, as Yu says he did, the athlete gave “100%,’ then there is nothing to apologize for.

Acting as if there is something to apologize for helps confuse the easily confused public on an important aspect of accountability. We are accountable for bad events when our actions lead to those events, but we can only be blamed for those bad events if some negligence misconduct or other variation from competent and responsible standards causes the  undesirable results, when such results could have been anticipated. Continue reading

Comment of the Day: “Desperate Ethics Quote Of The Week: Louis C.K.”

This is a combination of two comments, by the same wise commenter. I thought both were excellent, and together they are better still.

This is La Sylphide’s Comment of the Day on the post, Desperate Ethics Quote Of The Week: Louis C.K.:

Twice a summer I work as a “runner” for two huge music festivals: one country, one rock. I am often in close quarters, or in a car, with very famous people. I’m always professional. I’m always discrete. Rarely am I star struck. (O.k., driving Johnny Depp was pretty cool.) Most stars and their tour managers are kind and thoughtful. But now and then you get a blowhard, or two. One, very well known country star wanted me to share his cigar with him as I drove him to his private plane. “C’mon, sweetheart” as he held out the cigar to me, “it’s not THAT wet…” The whole car went silent. There I was, the only woman in a car with 5 men, a wet cigar, and a wink wink. I played dumb. I blew off his remark with a smile… They all laughed. Here’s the thing: he held no power over me. He couldn’t advance my career or ruin it. I had nothing at stake. And so yes, I can understand these women, in the same industry as Louis C.K., trying to make it, in a hotel room with him and wondering “wtf, do we do now ?!? How much damage will be done if we stay? How much damage will be done if we tell him to GFH? ” So very often, when you are dealing with someone who wields enormous power, it’s like navigating a mine field. For women, there are often split second decisions to be made: do I cross the street now because it’s late at night, I’m alone and he’s coming toward me, or if I cross the street will I anger him and make things worse.”

Continue reading

Desperate Ethics Quote Of The Week: Louis C.K.

Comedian/actor Louis C.K. has taken the high road in responding to his share of the wave of accusations coming at various show business and pop culture figures following the launch of the Harvey Weinstein Ethics Train Wreck with its Kevin Spacey caboose. The New York Times recently revealed the certifiably awful stories of C.K.’s disgusting conduct toward five women, and subsequent show business sources have confirmed that “everybody knew” Louis  was abusing his influence and power to harass women. Now the often thoughtful and provocative comic is fighting for his professional life, and has evidently decided that the wisest course is to be accountable, remorseful and contrite. Here is his statement:

I want to address the stories told to the New York Times by five women named Abby, Rebecca, Dana, Julia who felt able to name themselves and one who did not.

These stories are true. At the time, I said to myself that what I did was okay because I never showed a woman my dick without asking first, which is also true. But what I learned later in life, too late, is that when you have power over another person, asking them to look at your dick isn’t a question. It’s a predicament for them. The power I had over these women is that they admired me. And I wielded that power irresponsibly.

I have been remorseful of my actions. And I’ve tried to learn from them. And run from them. Now I’m aware of the extent of the impact of my actions. I learned yesterday the extent to which I left these women who admired me feeling badly about themselves and cautious around other men who would never have put them in that position.

I also took advantage of the fact that I was widely admired in my and their community, which disabled them from sharing their story and brought hardship to them when they tried because people who look up to me didn’t want to hear it. I didn’t think that I was doing any of that because my position allowed me not to think about it. There is nothing about this that I forgive myself for. And I have to reconcile it with who I am. Which is nothing compared to the task I left them with.

I wish I had reacted to their admiration of me by being a good example to them as a man and given them some guidance as a comedian, including because I admired their work.

Continue reading

Integrity Check For Saturday Night Live: Time For A Mr. Mike Moment

Larry David was the darling of the left-tilting TV audience of Saturday Night Live last year when he became the lovable avatar of Bernie Sanders, a casting no-brainer which, I will remind the assembled, I predicted here well before it became reality. It was also predictable that David, the misanthrope who co-created Seinfeld, was the real life model for funny sociopath George Costanza, and who just returned to HBO playing a fictionalized version of his laughably awful self in “Curb Your Enthusiasm,” would be asked to host the creaky satire show, which he did last weekend.

But THE HORROR! David’s opening monologue was genuine Larry David, as any “Seinfeld” fan would recognize. That show mocked Jews, gays, women, AIDS marches, Puerto Rican Pride Day, old people, disabled people,  ugly babies, Kosher diet restrictions,  dwarves, Kennedy’s assassination and stroke victims, among other topics…in other words, it was intentional political incorrectness as comedy. It should not have been a surprise, then, when David riffed on girl-watching in Nazi concentration camps:

“I’ve always been obsessed with women, and I’ve often wondered if I’d grown up in Poland when Hitler came to power and was sent to a concentration camp, would I be checking women out in the camp? I think I would.However, there are no good opening lines in a concentration camp.”

Then he ventured into the Harvey Weinstein minefield, noting that a lot of the executives being accused of sexual misconduct are, like him, Jews:

“I don’t like when Jews are in the headlines for notorious reasons. I want ‘Einstein discovers the theory of relativity,’ ‘Salk cures polio.’ What I don’t want? ‘Weinstein took it out.’…I consistently strive to be a good Jewish representative. When people see me I want them to say, ‘Oh, there goes a fine Jew for you!'”

Either of these would have been at home on “Seinfeld,” where George once mused about Moses’ nose-picking habits, and enthused about having a prison inmate girlfriend, so he could have sex and ensure that she had to wait until he chose to come back and see her. (She escaped, though…). Ah, but 2017 isn’t the Nineties. Now delicate progressives seek safe spaces, and the only acceptable targets of humor are the rich, whites, males, straights, Christians and conservatives. And Donald Trump, of course. The rest is hate speech. Taboo. “We–the Virtuous Collective of the Left— are not amused.”

Social media erupted with condemnations of David for daring to be unfunny on Saturday Night Live. For perspective, consider that SNL has sometimes gone years without being funny. Salon pronounced him “out of his depth and out of his time.” How dare he make a Holocaust jokes “when an era when anti-Semitism is surging in the United States”? (Any guesses whether Salon would similarly object to anti-Republican jokes when GOP Senators are being shot at, and mugged by their Socialist neighbors?) He hasn’t “moved with times,” tut-tuts that arbiter of hilarity, Salon.  After all, “Blazing Saddles” isn’t funny any more. “The Producers” is offensive, with all those Hitler jokes. How dare “Airplane!”make fun of black dialect , seek (and get) laughs with a stereotypical gay character, or show African natives instinctively dunking the second they touch a basketball? That’s not funny! You aren’t allowed to laugh at that, Comrade. Watch it! Because we are watching you.

Now, calling the President of the United States a cockholder and suggesting that he wants to have sex with his daughter, THAT’S funny.

Check the rule book.

At the Washington Examiner, Tom Rogan has the right and ethical perspective:

At The Atlantic, Professor Jeremy Dauber wailed that David thought comedy was acceptable “after Charlottesville.” Dauber continued, “David’s invocation of the concentration camp on Saturday as a kind of peekaboo provocation … might ring particularly hollow in an America where neo-Nazis march openly on the streets and white-nationalist memes proliferate online.”

“Might ring particularly hollow” are the operative words there. Dauber encapsulates the Left’s new reflex that if some words might offend someone somewhere, they should not be said.

I believe the opposite is true. Humor is supposed to be unrestrained and, if a comedian so desires, uncomfortable. Whatever our particular personal views, we’re lucky to live in a society in which humor is defined by the humorist not the humorless hordes. So yes, some might be offended to see Larry David make concentration camp jokes or urinate on a picture of Jesus (that one made me uncomfortable) or have a Jewish boy knit a swastika.

I say too bad. The beauty of humor in a democracy is that it’s always those who laugh who matter most.

Bingo. I don’t care if you find something funny: if I find it funny, that’s all that matters….and vice versa. Moreover, if the Left abandons humor (unless it is politically weaponized, like the tediously redundant  all-anti-Right-hate-all-the-time  late night talk shows and  cable shows), humor is doomed. Comedians and comics have almost entirely arisen from the liberal side of the ideological spectrum. A funny conservative is as rare as a popular ethicist.

Thus the attack on David for telling the kinds of jokes Larry David tells creates an integrity test for Saturday Night Live. A commenter named Michael Bauer told  the New York Times that “Mr. David’s comments were completely unfunny and embarrassing, not only to Mr. David but also to the show’s producer, Lorne Michaels, and everyone associated with ‘Saturday Night Live.'”

Really? Really? This was the show that once, in its greatest years, featured the intentionally tasteless and blackest of black humor-obsessed Michael O’Donoghue. The ultimate O’Donoghue gag was a trilogy of sick  bits he performed as “Mr. Mike” to end SNL shows spaced over several weeks. In the first of them, he announced that he would do an impression of nice guy daytime talk show host Mike Douglas, with a twist:

Michael O’Donoghue: ” We all love Mike Douglas, of course. And I was watching Mike’s show this afternoon, and  a funny thought occurred to me. I thought, what if someone took steel needles, say, um, fifteen, eighteen inches long — with real sharp points — and plunged them into Mike Douglas’s eyes. What would his reaction be? I think it might go something… like this …

Then he removed his glasses, pocketed them, and turned around, in the fashion of celebrity impressionists from time immemorial, paused, and suddenly  began screaming and writhing on the floor.

TV critics, many of them, were not happy. The show and NBC received complaints. Cruelty, after all, isn’t funny. (I loved it.)

To their undying credit, SNL, Lorne Michaels, and O’Donoghue doubled down. A couple of weeks later, “Mr. Mike” was introduced again, again at the end of the show. This time, he was ushered on  by two attractive young African-American women in gowns: Continue reading

On The Way To Bali, An Unethical Conduct Cascade

One unethical act often opens the floodgates to many, in in unexpected, and unexpectable ways. An ethics alarm failure triggers another, then another. But who would expect that an extramarital affair would cause a passenger plane to have to make an emergency landing, for example?

All the moe reason to keep those alarms in working order.

The distaff side of a couple on the way to a vacation in Bali on a Qatar Airways flight apparently had reason to be suspicious of her husband, so when he fell asleep, she oh-so-carefully  manipulated his snoozing thumb to unlock his smartphone with its print, and did some snooping.

Ah HA! The bastard had been cheating on her!

So calmly, maturely, she began screaming and beating on her dastardly spouse so violently that the pilot had to divert the flight and land.

Cascade re-cap:

  • Triggering unethical act: Marital infidelity.

1 to 10 Betrayal of Trust Scale score, with 1 being a forgivable lie and 10 being treason, I rate this an 8.

  • Secondary unethical act: Appropriating the body of another while he is incapacitated, and doing so to invade his privacy. (No credit for discovering above triggering unethical act.. That’s consequentialism: the result of an act cannot retroactively justify the act.)

Betrayal of Trust Scale score: 6

  • Culminating unethical act: Physical violence on a plane endangering innocent passengers, forcing the plane to land, inconveniencing many.

I don’t have a scale for that.

But it was the most unethical of all.

What a fun couple!

Contrarian Ethics And Ann Althouse

Ann Althouse, the now retired law professor and increasingly active bloggress, is a habitual contrarian. That’s why she is such an interesting and politically unpredictable commentator, and why, though generally left of center by instinct, she so often ends up on the opposite side from the news media. Being a contrarian can be a useful tactic for ethicists too: it provides a bias filter. Since lawyers like Ann are trained to be able to argue both sides of any argument with equal fervor and persuasiveness, picking a position you disagree with and arguing for it anyway is a wonderful way to change your own mind, or to find lines of reasoning that might never have appeared otherwise.

It can be a trap, too, especially in the blogging biz. Having an opinion that isn’t already everywhere on the web makes a blog interesting, attracts comments, and leads to increased traffic and links. Especially in areas where one doesn’t have strong opinions, the tendency to disagree with the obvious or popular opinion becomes its own bias, and undermines trust and integrity. I have my own contrarian streak (I inherited it from my father), and I have to watch it carefully. It is not ethical (it’s unkind) to say or write things primarily because you mostly want to make people’s heads explode. I’ve done it a few times on Ethics Alarms.

This is where I have seen Althouse trending, and here is a recent example. Continue reading

A Kevin Spacey Update, The Sexual Harassment Feeding Frenzy, And A Guide To Sexual Harassers In The Workplace

This photo seemed appropriate somehow…

Kevin Spacey, it is now fair to say, has been a habitual sexual harasser.

We did not know that when Anthony Rapp made his accusation against the actor in a Buzzfeed interview. I would be very interested in knowing whether Rapp knew that. The posts here (this, and this) began with the assumption that Rapp’s motivations were as he stated them, and he did not say or suggest that Spacey was, like Harvey Weinstein, an active predator.

But in the ensuing days,  the pattern typical of accused harassers who really are harassers has emerged regarding Spacey. Other alleged victims came forward with their accounts.  Next  the employees on Spacey’s hit Netflix series “House of Cards” expanded the narrative…from CNNMoney:

Spacey made the set of Netflix’s “House of Cards” into a “toxic” work environment through a pattern of sexual harassment, eight people who currently work on the show or worked on it in the past tell CNN. One former employee told CNN that Spacey sexually assaulted him.

That, as they say, is the ball game for Spacey. He has even followed the hackneyed script for so many celebrities caught in misconduct: he’s getting “treatment.” Well, he doesn’t have many options. His show has been cancelled; his agency has dropped him. Spacey is very talented, but it will take him a long, long time to even partially recover from this, if he can.

I am going to write this anyway even though it won’t register on most people: the fact that Spacey turned out to be a lot more than a guy who got drunk and treated a 14-year old actor inappropriately at a party three decades ago doesn’t retroactively make the way Rapp’s ambush accusation fair or right. If he knew that Spacey was a present day harasser and made the accusation to break the dam, that’s something else, but again, he didn’t suggest that.

I’d guess that he’ll say that now, whether it is true or not.

Since Spacey was accused, several other celebrities, including Dustin Hoffman, have been fingered. The latest development is that several female members of Congress have said that they have been sexually harassed by their male colleagues, and of that I have no doubts whatsoever. Nonetheless, we are still in the witch hunt yellow zone, creeping into the red.

Here is part of a cautionary LA Times op-ed  by Cathy Young:

The fallout from the Harvey Weinstein scandals and the ripples from the “#MeToo” movement are having indubitably positive effects — above all, exposing and bringing to account predators who have enjoyed impunity due to their power and status. But there are some pitfalls. Many people — not just men with skeletons in the closet — fear that careers may be destroyed over minor misconduct and ambiguous transgressions. Troubling rhetoric abounds, condemning all sexually tinged dynamics in the workplace, stereotyping men as abusers and women as perpetual victims in need of quasi-Victorian protections.…Concerns that the post-Weinstein climate may lead to witch hunts against any man who flirts with a female colleague have been met with angry comments along the lines of “flirting in the workplace IS HARASSMENT.” A tweet by singer/songwriter Marian Call that got more than 2,000 retweets and nearly 6,500 “likes” asked, “dudes are you aware how happy women would be if strangers & coworkers never ‘flirted’ with us again … this is the world we want.”

But is it? It’s certainly not the world I want: Except in college, nearly every man I have ever dated was either a co-worker or, once I switched entirely to free-lancing, someone I met through work. This is not unusual, even in the age of dating websites and apps.

This has always been the aspect of sexual harassment law that renders it inherently unfair and to many, incomprehensible. In many cases the exact same conduct is harassment if unwelcome, and successful mating strategy if welcome.  Don’t bite my head off, but this was what Donal Trump was alluding to in his repulsive conversation with Billy Bush. He was claiming  that women like being sexually assaulted by the rich and powerful. In many cases, he may be right. Legally, when he’s right, it may not be sexual harassment. Ethically, it is still wrong. If the women feels compelled not to object to the sexual overtures because of an inequality of power, it is very wrong, and illegal. Continue reading