Morning Ethics Warm-Up, 8/27/2018: Petards, Conflicts, And Bullshit Edition

Good Morning!

1. Oh no! Hoisted by my own petard! I’m pretty certain that Clinton fixer Lanny Davis has an unwaivable conflict of interest in his representation of Trump fixer Michael Cohen. The legal ethics establishment is soft-peddling the issue because most legal ethicists apparently hate President Trump more than they like ethical lawyering, but I’ve been wrestling over whether to file a disciplinary complaint. The problem is that any complaint that has even a tinge of political motivation won’t be touched by the Bar (if prior performance is any indicator), so a complaint by me would be the proverbial lonely tree falling in the forest. The remedy would be to issue a publicity release about the complaint, but I’ve criticized that tactic as unethical right here, on more than one occasion. Rats.

It might be just as well. After the mere hint that I was defending Donald Trump (I was not) on NPR appears to have gotten me blackballed there after many years as an ethics commentator, I probably should not criticize the lawyer for the most popular sleaze in D.C. these days.

2. Neil Simon Ethics. In an alternate universe, my still operating professional theater company, dedicated to keeping unfairly buried, forgotten or unfashionable American theater works of the past in front of audiences who deserve a chance to see them, is looking at a lot of Neil Simon productions. The works of the —by far—most successful writer of comedies in Broadway history are already sneered at as sexist and “outdated,” and I can vouch for the fact that all it takes is one militant female board member with a checkbook and a chip on her shoulder to kill a production. Remember S.N Behrman? Seen any Philip Barry plays lately? How about Kaufman and Hart? Simon just died, and he’s already heading to obscurity along with those guys, and most of their plays are still funny too.

3. Here’s another topic it’s dangerous to get intoFrom CBS:

A pregnant Washington state woman said she was fired via text message from a sub shop where worked, with a store manager telling her “it’s not a good time to have somebody who is leaving for maternity leave in several months anyway.” Kameisha Denton told CBS Seattle affiliate KIRO-TV that she had told the manager she was pregnant and due in December, asking for maternity leave.

Denton said she realized that she hadn’t been assigned shifts at Jersey Mike’s sub shop in Marysville, Washington, so she sent a text to her manager inquiring about the hours. The response she says she received was shocking.

When Denton asked for her “updated schedule” she received something a bit different. The store manager named only as “Marcos” in Denton’s phone responded, “I am sorry to inform you but it’s not going to work out with Jersey Mikes. It’s not a good time to have somebody who is leaving for maternity leave in several months anyways. You also failed to tell me this during your interview.”

Denton posted the exchange on Facebook in a post that had garnered over 1,000 shares in just two days.  

Denton told KIRO-TV,  “I was just like in shock, it took me a minute to face reality — I was like this is really happening.”

Continue reading

Sunday Ethics Revelations, 8/26/18: The B List [Updated]

Hi!

The death of John McCain is  one of many important ethics stories that came on the radar screen today, and several of them warrant solo posts. At the risk of not having time to get them up today at all—this is a work day at ProEthics, for ethics never sleeps—I’m going to keep the warm-up to the lesser stories, and keep my fingers crossed.

1. Miracle Whip, Florida. The town of Mayo, in Florida’s Panhandle, secretly made a deal with the Kraft-Heinz mayonnaise  alternative  Miracle Whip to change the hamlet’s name so videographers could capture the residents’ shock when they hear that the name of their town is now a corporate brand. The plan was for ad-makers to film faux efforts to get residents to remove mayonnaise from their homes. Street signs and the name on the water tower had been changed and the mayor lied in an interview with the Associated Press, insisting it would be a good idea to make the name change permanent, before residents were let in on the joke.

Mayo will get between $15,000 and $25,000 to con its own citizens. The money will be used for city beautification measures, so I guess that makes it OK.

The town should impeach the mayor and everyone involved with the scheme, which was almost certainly illegal, and clearly unethical.

But funny!

2. First Ma’amophobia, and nowThe Atlantic explores the controversy over using “guys” as a generic term for a group of mixed gender members, as in “hey, guys!” It’s an artificial controversy, and women who take offense when a boss says “you guys” when addressing the group knowing very well that no adverse intent was behind the wording should not be indulged, tolerated or “heard.” The problem is that overly sensitive superiors and others have given undo weight to similar contrived complaints through the years, with innocent and innocuous uses of  a whole dictionary of collective nouns and pronouns being declared near equivalents of racial or gender slurs.The confounding factor is that there are terms that need to be retired. The use of “girls” to describe adult women was part of societal marginalization, just as the use of “boy” for adult African American men was demeaning.  Eliminating the descriptive  distinction between “actors” and “actresses,” on the other hand, is based on a contrived offense.

What is objectionable is that any argument for declaring a term offensive is supposed to be per se decisive, without debate or analysis, if it’s offered by a so-called oppressed group. No group should have the privilege of not having to make its case. I will, for one, eat my foot before I submit to the rhetorical abortion that is “person of color.”

There is nothing necessarily wrong with calling a mixed group by the jocular “guys.” The alternatives all stink, in different ways. I will not use “y’all” and sound like a refugee from “Hee Haw.” “People” is imperious, and actually annoys me (though I would never complain about it). “Folks” is more informal (good) but rings phony (bad). “Friends” is presumptuous, speaking of John McCain, whose habit of addressing every group as “my friends” probably lost him a million votes in the 2008 election.

Communication shouldn’t be that hard, and definitely should not be dangerous. A little Golden Rule would go a long way toward eliminating this problem, guys. Continue reading

Teachers Have No Ethics Code. Here’s One Example Of Why That’s A Problem…

In Tarboro, North Carolina, a 5th grade teacher punished a student for calling her “ma’am” in class. Parents of the child, an African-American boy, brought the incident to the administrators of the North East Carolina Preparatory School after he brought home for their signatures a sheet on which he had been required to write “ma’am” nearly two- hundred times.  The parents said their children were taught to refer to elders as “ma’am” and “sir,” and that their son was obviously not intending to be disrespectful. Upon their request, he was removed from the class to that of another teacher. The school has refused to comment further on the incident, other than saying in a statement, “This is a personnel matter which has been handled appropriately by the K-7 principal.”

That’s not correct. This is an education profession issue that should be addressed by the profession as well as the school. And moving the student, who did nothing wrong whatsoever, sends the wrong message. The school and the teacher should have apologized to the student as well as his parents, and disciplinary action ought to have been taken against the teacher. Moreover, other parents have a right to know who  this teacher is, and have the opportunity to have their children removed from her oversight. If that makes it impossible for her to continue teaching, since any responsible parents would insist on her being kept as far away from children as possible, then she might have to forfeit her job.

Good.

One purpose of professional ethics codes is that they prime the ethics alarms by putting core ethical principles related to the profession into black and white. Here’s one that might have saved the boy from his undeserved ordeal:

No students should be subjected to punishment without understanding what they are being punished for, and why. The punishment should be proportionate to the offense, which should be substantial enough to warrant more than a verbal warning or admonishment. Continue reading

Another Hader Gotcha! Time to Grovel, Michael Kopech…

Add fire-balling White Sox rookie Michael Kopech to the baseball players who have been forced to grovel to the virtue-signaling, mind-control bullies in the sports media for dumb tweets he sent as a high school student.

As I have written here before, searching for lingering social media idiocy that an athlete authored before he could drink or vote is despicable conduct, as is anyone making an issue of  what the deep Twitter dives expose. First, what a baseball player said or thought—they are often not the same thing—in the past has nothing to do with his job, which is playing baseball and not making social policy, and second, nothing anybody says or even does before their brain has matured should be held against them in adulthood, unless it is criminal, and even then the law urges us to be forgiving. I know that a lot of social justice warriors think that any racist, sexist or homophobic comments made post birth should be treated a crimes, but they are anti-democratic nuts, and hostile to free thought and speech, so to hell with them.

NBC Sports baseball blogger Craig Calcaterra, who has lost my respect permanently because of his inappropriate leftist screeds, sneers,

Kopech acknowledged the tweets and apologized for them, offering the now de rigueur “that’s not who I am” stuff…White Sox general manager Rick Hahn said he is satisfied with Kopech’s apology and his assertion that he is not the same person who authored those tweets five years ago. Major League Baseball will likely still weigh in, but as we’ve seen in previous cases, they are likely going to limit it to sensitivity training or something like it. Which, to be fair, is about all the league really can do.

Craig has made it clear in his earlier posts about previous targets of the Hader Gotcha what he would like to see happen: Continue reading

OK, Is Being A Double-Talking Idiot Justification Losing Security Clearance?

Doesn’t it make you feel secure that this guy was in charge of the CIA?

John Brennan, talking to broadcast journalist Rachel Maddow on anti-Trump news network MSNBC:

“And for Mr. Trump to so cavalierly so dismiss that, yes, sometimes my Irish comes out and in my tweets. And I did say that it rises to and exceeds the level of high crimes and misdemeanors and nothing short of treasonous, because he had the opportunity there to be able to say to the world that this is something that happened. And that’s why I said it was nothing short of treasonous. I didn’t mean that he committed treason. But it was a term that I used, nothing short of treasonous.”

Oh.

What?

To Maddow’s credit, she did point out that “nothing short of treasonous” means “committed treason,” but to her shame, she did not press Brennan to make sense out of this self-contradiction, perhaps because that is impossible, and also because she isn’t about to be properly tough on a Trump critic who was put on the air to bash the President. The whole interview shows Brennan to be an arrogant, presumptuous partisan warrior. I think my favorite quote is when he says

I gave him a year. I said, maybe he is going to adapt and change. But it seemed like day after day, week after week, month after month, things just got worse. He did not live up to I think what Americans expect of the president of the United States, to speak with great forcefulness but to do it with integrity and honesty. Mr. Trump, time after time, I think has really just disappointed millions of Americans, which I’m trying to give voice to.

And so, I know a lot of people think a former intelligence official shouldn’t be doing this. I don’t consider what I’m doing as political at all. I never registered as a Republican or a Democrat, you know, for my entire life. But I feel such a commitment to this country’s security and its reputation.

How generous of John Brennan, arbiter of the Presidency, to give our elected President a year. That’s better than the Congressional Black Caucus, I guess, which boycotted his inauguration and gave him no time at all. The Constitution, however, gives an elected President four years.

Brennan’s comments have shown that he should never have been trusted with security clearance in the first place.

________________

Pointer: Res Ipsa Loquitur

Monday Ethics Afternoon Warm-Up, 8/6/18: Relatively Trivial Edition

1.  Facebook Conduct I Could Do Without Dept. A friend who happens also to be on Facebook just posted his opinion about a matter and added, “If you don’t agree,  don’t respond, just unfriend me.” I’m tempted to unfriend him for that. What a cowardly, lazy, arrogant stunt.

2. He’s also dead wrong in his opinion, which has to do with this “good illegal immigrant” news item. My friend thinks that the wife of a Marine should get a pass  despite being in violation of immigration laws because her husband served his country. I don’t disagree with the principle he’s espousing, but it’s not the law. If there should be law that gives some kind of leniency to the spouses of military personnel, then draft it, debate it, and pass it. The Marine fought for a nation of laws, not a nation where law enforcement makes up the laws as it goes along. This was the Obama approach: we just won’t enforce the laws against this particular group of law-breaker that we like.

3. How dumb can “cultural appropriation” complaints get? This dumb:

In women’s mag “Marie Claire,” Krystyna Chávez argues that deciding to pluck your eyebrows so that they are very thin is “cultural appropriation.” writing that she was was horrified when she saw a photo of Rihanna with her new, skinny eyebrows. Chávez writes in a piece titled “I’m Latina, and I Find Rihanna’s Skinny Brows Problematic.”  Unfortunately, as Katherine Timpf points out, a Louisiana State University student named Lynn Bunch wrote an op-ed last year declaring that  thick eyebrows that cultural appropriation:

“Current American eyebrow culture also shows a prime example of the cultural appropriation in the country. The trend right now is thick brows, and although a lot of ethnic women have always had bushy, harder-to-maintain eyebrows, it has only become trendy now that white women have started to do it.”

Boy, the outbreak of such serious statements of idiotic opinions makes me feel unsafe…because I’m afraid that I am surrounded by lunatics, in a culture that is encouraging warped values and reasoning to such an extent that for a disturbing number of Americans, no idea sets off the Stupid Alarms.

I may have to start a sister blog…

4. And you thought Trump Derangement Syndrome was silly.New York-based UMA Health, an online mental health marketplace, is providing free, confidential therapy sessions to Mets fans who are in emotional turmoil as a result of the team’s disappointing season, which cratered  is last week’s 25-4 loss to the Washington Nationals, the worst loss in Mets history—yes, even worse than any of the embarrassing drubbing the team received in its first, horrible season in 1962, when “the Amazin’ Mets” lost a record 120 games.

UMA says its tongue in cheek promotion is meant to bring attention to the important role of therapy, and to eliminate the stigma of going to a therapist.

That’s odd: I think the promotion does the opposite, suggesting that therapy is self-indulgent, useless, useless bunk, which it too often is. I have an amusing  personal story that explains my bias here, which I will leave for another time. If something is important your profession is to enlighten the world about its benefits, however, is it competent to promote it like this? Continue reading

Saturday Morning Ethics Warm-Up, 8/4/18: Baseball And Bisons And Jerks, Oh My!

Good Morning, Fenway!

Going to make sure the Sox beat the Yankees again today?

1. Nice. The Democratic National Committee declined to play the Republican National Committee in their annual softball game this year.

You know, I now actively search for examples of Republicans behaving like divisive, snotty assholes, because I’m really sick of being accused of favoring that hollowed out, irresponsible. principle-free party. But when it comes to demonizing the opposition and bottom-of-the-barrel civility, the Democrats always seem to lap the field. Of course, this latest insult is pure virtue-signaling to the “resistance” base. Where a responsible party would be trying to lead its members and followers in the direction of comity and respectful disagreement, the DNC is taking a stand in favor of ideological apartheid.

2. This is great: I get to criticize the New York Yankees! Do say a little prayer, or something, for poor Chance Adams, the New York Yankee farmhand summoned to pitch today’s game against the Boston Red Sox with the Yankee season on the line.

The Yankees have the second best record in baseball, but also have the misfortune to play in the same division as the team with the best record, the Boston Red Sox. If the Yanks finish second, their play-off, and thus World Series chances, will rest on a single game between them and the other  American League Wild Card team, who will almost certianly have a better starting pitcher on the mound. New York has lost the first two games of a four game series in Boston, dropping them from 5 and a half games behind the Sox (not too bad, with 50 games to go) to 7 and a half games ( scary, when chasing a team with a current winning percentage of just under .700). If the team falls 8 and a half games behind, especially with its best player injured, gargantuan slugger Aaron Judge, that one game crap shoot will become the most likely scenario.

Thanks to some bad luck and some miserable management of the pitching staff, the assignment of navigating the Good Ship Yankee away from the shoals of ignominious defeat has been shifted to the shoulders of Adams, who 1) has never pitched in a major league game before, 2) will be facing the top offense in baseball, 3) in front of the famously rabid Fenway Park faithful, and 4) isn’t all that good. This is profoundly unfair. It almost seems as if Yankee management wants to use the rookie as an excuse for failure.

Meanwhile, he will become an infamous answer to a trivia question, like ill-fated Booby Sprowl, a Boston rookie pitcher who was thrust into a similar crisis by Boston manager Don Zimmer when the position of the two teams was reversed in 1978. Like Zimmer, Yankee manager Aaron Boone had other options that didn’t involve over-burdening a green young athlete of uncertain skills. For example, he could resort to a “bullpen game,” like the Tampa Bay Rays have been doing, with surprising success, all season. After all, the Yankees have the best and deepest bullpen in the universe.

Of course, baseball being baseball, anything can happen. Maybe Chance Adams will shock the baseball word with a pitching gem, and become a Yankee legend. Stranger things have happened. That, however, will be pure moral luck, and will not change the fact that Adams should not be put in this position.

Now what I really want to know is whether Chance was named after John Wayne’s character in one of my favorite Westerns. “Rio Bravo”… Continue reading

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…

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

From The Conservative Media: More Fake Stupid News

Boy I’m tired of falling for this kind of click-bait on the conservative news websites.

“Hillary Clinton Says Supreme Court Nominee Brett Kavanaugh Will Bring Back Slavery” shouted the headline on a story at PJ Media by Tyler O’Neill.  Uh, no, that’s not really what she said. This is; Clinton told the American Federation of Teachers (AFT) at its national convention:

“Let me say a word about the nomination of Judge Kavanaugh to the Supreme Court,”  “This nomination holds out the threat of devastating consequences for workers rights, civil rights, LGBT rights, women’s rights — including those to make our own health decisions. It is a blatant attempt by this administration to shift the balance of the Court for decades and to reverse decades of progress,” the former Democratic presidential nominee declared. I used to worry that they [the Republicans] wanted to turn the clock back to the 1950s. Now I worry they want to turn it back to the 1850s.”

Says O’Neill, maybe with a straight face: “Clinton was clearly suggesting that Trump and Kavanaugh want to return to the days when slavery was legal in the South.”

What hypocrisy. Continue reading

BREAKING NEWS: Hollywood And Broadway Declare War On The Presidency, Elections, Democracy, Decency And Civility. NOW What?

“I’m just going to say one thing. Fuck Trump! It’s no longer ‘Down with Trump.’ It’s ‘fuck Trump!’”

—Actor Robert De Niro on live TV at the Tonys last night.

Then he pumped both fists in the air, as a large contingent of the crowd of Broadway glitterati at Radio City Music Hall stood and gave him a standing ovation, endorsing the gutter insult.

I believe such un-American conduct creates an ethical obligation on the part of fair and reasonable American to demonstrate their contempt and opposition, in as strong and decisive a manner possible.

What that means is beyond my ability to suggest right now. I don’t like to write when I am angry, and I am angry. But this must not stand.

Yesterday, commenting on the unethical Tony Awards scheduling  of De Niro, who has used other appearances to make vulgar, hateful, ad hominem attacks on the President, I wrote in part,

“If you invite Robert De Niro, you are deliberately announcing that your event is going to be politically divisive and include an attack, probably uncivil, on the President—and while he will be engaged in crucial international negotiations. The President has nothing to do with the Tonys, nor does politics—the main contenders for top musicals are “SpongeBob” and “Mean Girls,” for heaven’s sakes—nor does De Niro, who is just one more movie star being used by Broadway to attract a larger TV audience.”

Naturally, CBS allowed this to go forward, because it was in search of ratings for the perpetually viewer-starved awards show. The network either knew or should have known that this meant that it would be broadcasting some kind of ugly episode. The network was accused of  conspiring with Janet Jackson to flash her breast during the supposedly family-friendly Super Bowl half-time show—you know, back in those halcyon days when games didn’t include NFL players symbolically calling the US. racist as a prelude?—and swore that it had no idea anything inappropriate was going to happen. Well, it can’t make that claim now about De Niro. De Niro’s outburst is like the breast-bearing if Jackson had been flashing at every public appearance. CBS knew he was going to insult the President. It wanted him to insult the President. Continue reading