The Division Of Conscience And Religious Freedom Vs. Basic Workplace Ethics [UPDATED]

September 3, 2019September 3, 2019 / Jack Marshall / 60 Comments

In May, the Trump administration issued a new rule that gives health care workers the power to refuse to provide services their religion disapproves of, such as abortion, sterilization or assisted suicide. A religious conviction isn’t even essential to trigger the rule; a matter of conscience is enough. The measure essentially revived a Bush rule that the Obama administration reversed.

It’s a bad rule, and an unethical rule, as Ethics Alarms has held before. If you can’t perform all the duties of a job, then don’t take the job. If an employee can get his or her employer to agree that he or she is exempt from certain duties, that’s freedom of contract. Fine. The Trump rule, however, like the Bush rule before it, breaches a basic principle of the workplace, and common sense as well. It also leads inevitably to messes like this one:

The federal government has accused the University of Vermont Medical Center in Burlington, Vermont of violating federal law by forcing a nurse to participate in an abortion despite her objections. The hospital denies it.

The nurse, who is Catholic, filed a complaint with the Office for Civil Rights. It alleges, that she was misled by supervisors to believe she was assisting in a procedure scheduled after a miscarriage. “After [she] confirmed that she was, in fact, being assigned to an abortion, [her employer] refused her request that other equally qualified and available personnel take her place,” the complaint reads. She then participated in the procedure and “has been haunted by nightmares ever since.”

Now the Office for Civil Rights at the Department of Health and Human Services has filed a notice of violation against the hospital, the first since the Division of Conscience and Religious Freedom was added to HHS in 2018. Continue reading →

Saturday Night Ethics Dump, 8/31/2019.

August 31, 2019 / Jack Marshall / 21 Comments

Still trying to clear the ethics Augean stables…

1. Fox News headline: “The Dangers of Vaping.” Fake news! The story following that headline explained that teens were falling ill of serious lung difficulties after using what we once called “electronic cigarettes” to inhale THC. There is little convincing evidence that using e-cigarettes as they were designed to be used causes any lung problems. Thus the headline is as accurate as leading off a story about tainted beef with “The Dangers of Eating.”

2. Another old ethics question comes around again. In 2017 I questioned the wisdom of the Miami Marlins baseball team loudly honoring the memory of Jose Fernandez, a rising pitching star who got himself and others killed by driving his speed boat while under the influence of drugs and alcohol. died July 1 in his hotel room

There is a level of recklessness, irresponsible conduct, arrogance and stupidity that cannot be excused, and whatever the level is, Fernandez exceeded it. The fact that he was killed himself was moral luck: imagine if only he had survived. Fernandez would be facing homicide charges and serious prison time….and would deserve it all. He had a family, a child, a city, a baseball team, and a sport all relying on him, and he decided to risk it all for coke, booze, and a speed boat ride, killing not only himself but two other human beings, who had families and responsibilities of their own. He was no hero. He was a deadly, selfish, asshole.

No other message should be sent to the kids who once admired him that that one. Honoring Fernandez now would be a particularly ugly example of The King’s Pass or The Star Syndrome, Rationalization #11 on the list. A non-celebrity did what Fernandez did would be guaranteed posthumous infamy. The fact that the pitcher was a baseball star doesn’t make him better than that; if anything, it makes him worse.

Now we learn that Anaheim Angels pitcher Tyler Skaggs, a 27-year-old Angels pitcher who died on July 1 in his hotel room, perished because he had mixed multiple opioids with alcohol. The Red Sox are playing in Anaheim, and the Angels players are all wearing tributes to Skaggs on their uniform, a prominent “45.” True, Skaggs didn’t get others killed by his irresponsible behavior, but his death was still the result of conduct that needs to be discouraged, condemned, and certainly not romanticized. The Angels can honor their dead team mate privately, but a public display that suggests that Skaggs’ death was anything but a self-made tragedy send a dangerous and irresponsible message. Continue reading →

Morning Ethics Warm-Up, 8/27/2019: Desperation

August 27, 2019August 27, 2019 / Jack Marshall / 45 Comments

Good morning.

1. Here is why the breast-beating about “doing something” about climate change is dishonest, disingenuous, futile and pointless. Brazil is telling the rest of the world, especially nations that developed their own economies with reckless impunity on the way to wealth and power, to back off its demands that Brazil stop burning its own rain forest. Of course it is taking this stance, and Brazil isn’t the only developing nation that will take that position and has every right to take that position.

Brazil’s defiance is also a definitive rebuttal to the argument that the United States should spend billions—trillions?—in virtue-signaling climate change policies that under the most optimistic scenarios won’t “fix” anything without mass cooperation by nations in Brazil’s position—and that’s not going to happen.

2. The theory: somebody has to pay. A judge in Oklahoma yesterday ruled that Johnson & Johnson intentionally hid the risks and hyped the benefits of opioids, ordering the company to pay the state $572 million in damages. This is the first trial of a drug manufacturer for the destruction wrought by prescription painkillers.

I don’t know if the verdict is fair, having not seen the evidence and heard the arguments. I don’t know that the verdict will hold up on appeal. The theory used by the state was questionable: the judge found that Johnson & Johnson perpetuated a “public nuisance” by contributing to an ongoing public health crisis that could take decades to address successfully. Yet there was no proof offered that doctors who prescribed the drugs were misled, or that Johnson & Johnson violated federal drug regulations.

Public nuisance laws typically apply in cases where something interferes with a right common to the general public and results in danger on roads, parks,and other public areas, and not usually public health, which is what the state argued in this case. Johnson & Johnson’s lawyers contended that the state was contorting public nuisance law to the point of being unrecognizable. Of course, the same argument was made when product liability laws started moving beyond the “buyer beware” stage.

Not reading and hearing all the evidence, I can only wonder if this is case of deep pockets being held responsible for a tragedy that had no single, obvious villain. Doctors prescribed drugs approved by federal regulators, and the drug manufacturers supplied them, legally. Then citizens took the drugs, voluntarily, in a political and social culture that increasingly shrugs off drug use and abuse. Continue reading →

Morning Ethics Warm-Up: The “I Should Be At The Beach” Edition…

August 22, 2019August 22, 2019 / Jack Marshall / 34 Comments

Good Morning!

Is everyone vacationing this week but me? I can detect such things from blog traffic—this week has been sparse. Unfortunately this is the legal ethics CLE busy season, so I have been furious preparing materials for three new three-hour programs: “The Legal Ethics Mine Field,” “Legal Ethics Squeeze,” and a new musical ethics seminar for the New Jersey Bar Association, “Ethics Blues,” with the talented Esther Covington. It features legal issues-stuffed parodies of such songs as “Copacabana,” “Sweet Caroline,” “Piano Man,” “You Made Me Love You,” “Isn’t It Romantic” and “Let it Be,” among others. I’ve been writing parody song lyrics since I was 9, and much as I enjoy it, it is mentally exhausting in a way nothing else is.

1. The anti-Trump news media is all a twitter because former GOP Congressman Joe Walsh might challenge President Trump for the nomination. Joe Walsh! He’s the only member of Congress ever designated a fick by Ethics Alarms, in this post, about how Walsh, a Tea Party fiscal responsibility hawk who once lectured Barack Obama about how he was placing a burden on the backs of Walsh’s children, owed $117,437 in unpaid child support to his ex-wife and those already burdened, kids, three of them. For this and other transgressions he was defeated for re-election, and Joe’s now a talk show host, presumably with the same audience that took guidance from former radio bloviators Ollie North and Gordon Liddy.

2. On the innocent until proven guilty front…there has been a spate of defamation lawsuits lately in which priests accused of sexually molesting boys accuse the Catholic Church of ruining their reputations based on publicizing unsubstantiated accusations of pederasty.

A Fresno, California priest, Craig Harrison, who is facing multiple allegations of sexual abuse, is suing an established Catholic watchdog group Roman Catholic Faithful (RCF). seeking “unlimited” damages as a result of RCF President Stephen Brady’s “appearance at a press conference in Bakersfield” that addressed “allegations of sexual misconduct” made against Harrison. The lawsuit and summons were filed this month after the Bakersfield Police Department (BPD) concluded an investigation that it said exonerated Harrison. Brady says that the lawsuit may be intended to discourage other ongoing RCF investigations. Continue reading →

First Do No Harm? Ethics Observations On “Dragon Lady”

August 17, 2019August 17, 2019 / Jack Marshall / 34 Comments

Richard Hernandez, who now goes by Tiamat Legion Medusa, or just “Dragon Lady,” has spent more than $70,000 on a series of plastic surgeries and body modifications, a process triggered when the former bank vice-president was diagnosed with AIDS.

He/She/It/Them (He prefers it, and I won’t use “them”,) has had 18 horn implants, both ears removed, a partial nose removal (so he would look like Voldemort in the “Harry Potter” movies—COOL!), 32 teeth pulled and six of his remaining teeth sharpened to points, the whites of both eyes tinted green, and his tongue split into a fork. Tiamat has also had his chin altered nine times and nine piercings, among other procedures. He also underwent gender modification treatment.

Next up, Tiamat says, is the amputation “Mr. Bojangles,” his penis, along with having rainbow scales tatooed over every inch of skin, more horn implants, and both eyeballs stained purple. The long term goal is to be transformed into a “genderless reptile” by 2025.

Good plan.

Observations: Continue reading →

Ethics Dunce, Determined To Be Duncier: Oakland Raiders Wide Receiver Antonio Brown

August 12, 2019August 12, 2019 / Jack Marshall / 8 Comments

Antonio and his beloved helmet

The weird Brown saga is useful evidence—I almost wrote “intelligence,” and it’s definitely not THAT—regarding the mystery how the NFL can get away with crippling its players by nearly guaranteeing that they will be brain-damaged early in life and demented later. True, they pay their stars a lot to give their brains and future to the game for the profit of team owners and sponsors. True, NFL fans don’t care what if their favorite human battering rams and tackling dummies can’t speak coherently in their fifties as long as they can chant, “DE-Fence!” every Sunday (and some Mondays and Thursdays) while and guzzle beer. Still, it helps that so many NFL players aren’t all that swift to begin with.

Exhibit Duh is Oakland’s Antonio Brown, who has reportedly told team officials that he will quit the game unless he is allowed to wear his old helmet in the upcoming season. That old helmet has been banned by the league, which in light of CTE research and various tests and studies, has determined that it is unacceptably dangerous, unlike the game itself, which is acceptably dangerous. Brown has even filed a grievance with the NFL to try to get permission to wear the same model helmet he wore with the Pittsburgh Steelers. That helmet, however, is no longer certified by the National Operating Committee for Standards and Athletic Equipment. Now, the NFL revels in The Kings Pass, and has allowed its stars to get away with a lot—drug use, felonies, murder arrests, cheating, domestic abuse, beating their kids, protesting the National Anthem for no coherent reason. I doubt, however, that even the NFL will cave to Brown’s demands.

All sports have safety rules, and players do not have the choice of defying them. Indy Racers can’t declare that they are more comfy without seat-belts; cyclists can’t insist that they want to wear baseball caps in the Tour de France. Interestingly, hockey goalies can play maskless, but none are foolish enough to do it. There hasn’t been a bare-faced NHL goalie since the mid-70’s, when they decided that they didn’t want to go through life looking like Terry Sawchuck…

Of course, if you’re sufficiently brain damaged, you don’t care how you look.

Brown’s determination to reduce his IQ by wearing the banned helmet is the stuff of myth and legend. Michael Silver related the tale in a long trail of tweets: Continue reading →

Morning Ethics Warm-Up, 8/10/19: Insomnia Edition

August 10, 2019August 10, 2019 / Jack Marshall / 32 Comments

Jeez, what time is it?

This stuff kept me awake, gave me nightmares, or made me wish I was dreaming. Started this post before 5 am…

1. Idiotic meme of the week:

A lawyer friend whom I can vouch for having a brain actually posted this thing, apparently approvingly. In zombie movies, the equivalent is when a previously normal friend suddenly bites off your nose. Jules Suzdaltsev is hard left progressive journalist whose background is in film and psychology, and would be a fine example for teaching purposes of what someone sounds like who is so far on one side of the ideological spectrum that he is incapable of finding the center. He’s an ideologue and a Leftist incapable of objective analysis or non-compliant thought, who was steeped for seven years in the rarefied politics of San Francisco, and who tweets deliberate misrepresentations like “There have been more MASS SHOOTINGS in 2019 than there have been DAYS in 2019” and such cliched “resistance” bile like “Hey do you guys remember when the generation that grew up breathing lead fumes ended up voting for this guy as President?”

The scary thing is not Suzdaltsev—he’s a professional left-wing echo chamber provocateur, and good luck to him, glad he has a career. The scary thing is that lawyers, trained in critical thought, can reach the point where they find extremist agitprop persuasive. Society relies on educated, trained professionals to steer us clear of such rot, not to embrace it. The 2016 Post Election Ethics Train Wreck has seen one professional group after another abandon this duty for mob-pleasing expediency.

And how can someone post a statement that Bernie and Warren are barely left-of-center as anything but satire?

2. Jeffrey Epstein committed suicide, hanging himself in his cell. This was gross incompetence by the New York City jail, as well as federal authorities. If there ever was a prisoner who was a candidate for suicide (or murder), Epstein was it. He needed to be on a round-the-clock suicide watch. Epstein was allowed to cheat the justice system and his victims. He is now officially innocent of the crimes he was charged with.

Aside from all that, good. The world is better place without him in it. Continue reading →