Ethics Observations on Starbuck’s “Put Your Customer On The Spot” Program

Race together

Beginning this week, Starbucks baristas will have the option of handing coffee cups to customers on which the Starbucks employee has written the words “Race Together” as an invitation to start a discussion about race in America. Friday, each copy of USA Today will have the first of a series of insert with information about race relations, including a variety of perspectives on race. Starbucks coffee shops will also stock the insert.

Good golly Miss Molly. Where to begin? Continue reading

Fair vs Fair: Ethics and the “No-Tip” Restaurant

You know, this looks like a place that would believe that dishwashers deserve as much pay as waiters...or as bankers, for that matter.

You know, this looks like a place that would believe that dishwashers deserve as much pay as waiters…or as bankers, for that matter.

William Street Common is a new restaurant in Philadelphia, and is getting publicity for, we are told, experimenting with a different and (maybe?) fairer compensation model. Owner Avram Hornik  pays all of its employees, from the servers to the dishwashers, at least $15 an hour plus paid sick leave and health insurance benefits. There is a 20 percent service charge for drinks, and that goes into a common fund that makes that  $15 an hour wage affordable. Money left over at the end of a pay period is divided up among employees based on a point system related to various factors.

Hornik came up with this structure, he says, to deal with the well-debated problems of tipping. “Some people just tip the same amount, but some people base it on how quickly the food was there, whether we were out of something, whether the server was there when they wanted them to be,” he says. “So much of that is out of the control of the individual server… So why would it be fair for the service employee to be responsible for the poor decisions of management?”

Hornik argues that his model “essentially creates a guaranteed floor. But we’re also capping the ceiling,” he points out, because the tipping gets shared equally with all employees. “We didn’t think it was fair [that] in some places you have dishwashers earning 10 dollars an hour and the bartender earning 30 dollars an hour.” He also is convinced that the customers will benefit.  “That atmosphere among the employees, a sense of community and empowerment and happiness with the job, is going to translate into a better environment for customers,” he said. “By having happy staff customers are going to be happier too.”

Is this system really fairer than the current one? Progressives are cheering it, because it represents a “living wage,” or at least something close to it. OK, but it would be nice not to feel hyped: ThinkProgress, for example, had headlines that the William Street Common “got rid of tipping” and writes “tips aren’t mandatory.”

Inept reporting or lies, take your pick. A 20% “service charge” is a mandatory tip, so tips ARE mandatory. The reports don’t explain how voluntary tipping has been eliminated, or whether a server would be prohibited from keeping a ten-dollar bill that a diner hands him, saying, “You know, the food was lousy, but you were so gracious and accommodating that you single-handedly made the evening bearable. Thank you. If I ever come back, it will be because of you.” If so, is that fair?  I don’t think so. In fact, it’s exactly as unfair as a diner not rewarding excellent service, and tipping a dime. Continue reading

No Judgment At Planet Fitness

They mean what they say!

They mean what they say!

In Midland, Michigan, a Planet Fitness gym revoked a woman’s membership because she complained that a man—actually a man who identifies as a woman— was in the woman’s locker room.

Company officials explained that she violated its “no judgment zone” policy. Planet Fitness  policy also states members and guests may use all gym facilities based on their self-reported gender identity.

Fine.

It’s their business, and they can make whatever silly and irresponsible rules they want. If they want to make members dress like chickens, wear noodles on their heads and speak only pig latin, that’s their choice. The establishments Planet Fitness wants to run, apparently, are ones where a woman can go into the ladies locker room and run into some hairy, naked guy with his dong hanging out, and she gets dinged because she objects, not knowing that he is really all girl at his creamy nougat center.

Okaaaaay…. Eventually Planet Fitness will have a membership that is all trans, all blind, or all pathologically politically correct, or perhaps have no establishments at all. When the company says “no judgment,” it really means it, because this shows a ludicrous lack of judgment. But ethical! The policies were all communicated to all members, so the woman violated the “don’t react negatively to the showboating trans individual in the ladies locker room who shows no respect or consideration for others who might not be quite ready for a full frontal” policy, and has no defense, except offensive normalcy.

Clearly “Men” and “Ladies” labels on locker rooms and bathrooms are no longer unambiguous or effective.

What do you think about “Penis” and “No Penis” signs? I think that solves the problem, especially in places where there’s no judgment.

 

Q: Why Is CNBC Posting Anti-Vaccination Propaganda?

A: Because its staff is lazy, inattentive and irresponsible.

Weston Price (1870-1948), Quack. His work goes on...

Weston Price (1870-1948), Quack. His work goes on…

The cable business news network posted this press release from the natural foods and nutrition huckster group, The Weston A. Price Foundation.

It isn’t news. It is poison.  The press release makes the false claim that vaccinations spread measles, as well as other diseases. This is standard anti-vaxx hysteria, and it gets children killed.  It is false. “Measles live vaccine doesn’t transmit easily at all,” said Dr. Jane Seward of the CDC’s Division of Viral Diseases told NBC, which apparently doesn’t communicate with its subsidiaries. “I don’t think there has ever been a secondary transmission,” she added. “There is no evidence of any transmission of measles virus from a child to household contacts.” As for the Foundation itself:

“The Weston A. Price Foundation is a nonprofit, tax-exempt charity founded in 1999 to disseminate the research of nutrition pioneer Dr. Weston Price, whose studies of isolated nonindustrialized peoples established the parameters of human health and determined the optimum characteristics of human diets. Dr. Price’s research demonstrated that humans achieve perfect physical form and perfect health generation after generation only when they consume nutrient-dense whole foods and the vital fat-soluble activators found exclusively in animal fats….

Yes, it is strange, like Dr. Price’s theories, and not in a benign way. Among the foundation’s other objectives is to show that vaccinations are unnecessary if you eat right, or something: when a  home page prominently displays a link that reads, COD LIVER OIL: Our Most Important Superfood, my eyes tend to gloss over, I file the group under “Nut Balls” and move on.

CNBC posted this promotional piece uncritically and without context, leaving the impression that it was actual news, thus allowing fake news to go to the top of Google searches for gullible readers.  At the bottom of the screen it says “More from CNBC” and not “More from health food hyping anti-science fanatics.Continue reading

SNL’s ISIS Recruitment Commercial

There is supposedly a big social media controversy over this gag SNL ad, starring Dakota Johnson, that simultaneously parodied an Army recruitment promo and satirized the disturbing trend of brainless teens running off to join that terrorist organization that has nothing to do with Islam.

It’s not a controversy when one side is ignorant, censorious, politically correctness- addled, humorless and wrong and the other side isn’t.

The ad is brilliant black comedy and satire, one of SNL’s all-time best. Those who object to it don’t get black humor and satire, which makes their objections as irrelevant as someone allergic to shellfish saying that Legal Seafoods stinks. Nobody’s making them eat there, and they don’t have to watch Saturday Night Live or think it’s funny either. But I don’t care about their opinion, which is uninformed and useless to anyone who understands and appreciates the issues.

Here’s what was good and funny—and ethical– about the parody:

1. It caught the saccharine tone of its model exactly.

2. Its ending was a surprise.

3. It ridiculed ISIS, which deserves ridicule. President Obama claims that the way to withhold respect for the group is to lie about it being a group of Islamic extremists. This is much better, ethical, and doesn’t mislead anyone.

4. Making fun of evil is a time-honored activity, healthy, useful, and effective. I don’t recall anyone saying that Spike Jones was treading on sacred ground with this song:

or that The Three Stooges were trivializing the death camps with this…

5. The satire even cuts two ways. You know, that sweet young girl is also being sent off to kill people when she’s joining the military in the real ad. Like all great satire, this one is subversive and layered. Continue reading

Ethics Dunce: Jillian Michaels

Jillian

There’s no boor like a celebrity boor.

Especially a strong celebrity boor.

The Washington Post reported yesterday that the ex-trainer for TV’s unethical reality show “The Biggest Loser” visited the Northern Virginia locale of The Palm, an up-scale “go to be seen” D.C. steakhouse over the weekend.

She reportedly arrived at the restaurant around 8:30 p.m. and joined a couple in a booth. Witnesses told the Post that Michaels soon began speaking loudly and obscenely, using the vulgarities fuck and cunt repeatedly, as well as multiple variations.   “She used the word ‘f—er’ in just about every variation — noun, verb, adjectives,”diner told the Post.  When another patron finally went over to the table to complain, noting that she was glad she didn’t have her kids with her, Michaels  ridiculed the complaint, saying, “It’s fucking ten o’clock!” Michaels said, according to the witnesses. Then one of her companions told the diner, also using vulgarities, to go listen to someone else’s conversation.

I am glad I wasn’t there. There would have been trouble. Continue reading

KKK Wednesday: This Is Why It’s Unethical To Be Ignorant

"We're going for doughnuts!"

“We’re going for doughnuts!”

How in the world, you might wonder, would a Krispy Kreme promotion called “KKK Wednesday” get the green light from an American corporation, even the British affiliates of that corporation, and even though the promotion occurred in Hull, a city in Yorkshire?

The disturbing answer is that despite the internet, Google,  public education, and nearly a century’s history of vile acts of murder and racism that received world-wide attention, recognizing the significance of the letters KKK requires intellectual curiosity, consciousness, and a good faith effort to have a bare minimum of knowledge about the world around us.

KKK was intended to stand for “Krispy Kreme Klub.” How many people do you think vetted the promotion without a single neuron firing? My guess: high double figures, maybe more. In other settings, such carelessness kills people, destroys companies, and starts plagues and wars.

KKK promotion

Life Imitates Saul

Lawyer Billboard

 The billboard ad of North Carolina lawyer Larry Archie has drawn a lot of attention in the state and on legal ethics forums.

Some observations:

1. I was a little late seeing “Breaking Bad” ( I tend to avoid show with drug dealers as heroes) so I didn’t see the obvious connection between the popular AMC show’s cynical, unethical and effective slime-ball lawyer Saul Goodman, played by Bob Odenkirk, and last year’s jaw-dropping—but funny!—video ad for the services of Pittsburgh criminal lawyer Daniel Muessig.

2. This is why we ignore popular culture at our peril….and I think the legal profession needs to stop laughing and start worrying. People really do think Saul who is a criminal lawyer, is typical, and bar associations are doing very little to dissuade them. This is irresponsible, dangerous, and stupid. The profession has a duty to educate the public about how lawyers are supposed to act and why, and if it whiffs on that obligation (as it has for about the last hundred years) public respect for the justice system will continue to drop. Continue reading

“Hands Up! Don’t Shoot!” Ethics: The Public Defenders And The Rap Video

defenders30n-1-web

Kumar Rao and Ryan Napoli, two  lawyers who worked for the New York City-funded public defenders group called the Bronx Defenders, ran headlong into an ethics mess when they appeared in a video posted on YouTube the December day after the grand jury voted not to bring criminal charges in Eric Garner’s suspicious “choke-hold” death. In the video titled “Hands Up” (of course), Rao and Napoli comfort a grieving mother at the Bronx Defenders offices as they work on a case involving police brutality. The video also includes the image of a white man in a police uniform with pistols pointed in his face and the back of his head by black men, as rappers chant that it’s “time to start killing these coppers.”

Nice.

The video came under heavy criticism from Mayor de Blasio and others. City-paid public defenders should not be lending their positions and the prestige of their office to calls for retribution and violence. Lawyer Rao defended his appearance, arguing that the video supported the mission of the Bronx Defenders to zealously defend minority clients, and that a rap video was an ideal vehicle to make their services known. Gallant try, but no cigar. That message about killing cops is not part of the organization’s mission presumably, nor is it a responsible message for those in the justice system to appear to endorse. Continue reading

Verizon Joins The Effort To Coarsen The Culture

When did the writers of advertising copy decide that catch phrases devised to sound like vulgar slang are appealing devices to sell services or merchandise? If you are so devoid of wit and civility that you find Verizon’s new campaign hilarious, Sponge Bob is over your head. Oscar Wilde this isn’t. What it is is one more gratuitous coarsening feature of the public square and common discourse. Now we are teaching children that it’s cool to speak rudely, as long as you pretend that you aren’t intending to. Look! The grown-ups are doing it!

It’s an insult. It’s an insult to the target audience that is supposed to clap like seals at a play on words that would have rejected by the most desperate night club comedian 20 years ago. It’s an insult to the craft of marketing, to which this is what farting on key is to singing. Most of all, it’s an insult to society, the culture, and the United States of America. No wonder Muslims think our way of life is disgusting. It is.

I couldn’t bring myself to post on K-Mart’s abysmal “ship my pants” ad in 2013; I thought it was an aberration. OK, I hoped it was an aberration. Now comes Verizon to sell its FIOS by having actors complain that their internet is half-fast. Half-fast, get it? GET IT???

I’m not offended by the phrase—heck, I scream things ten times as ugly at my computer every day. No, I’m offended that there not only is no respect for others in public discourse, the entire idea that there should be is considered old-fashioned. This began with badly raised kids spouting obscenities in movie theaters, then began metastasizing as TV comedians, Vice-Presidents, Oscar-winning actresses, rock stars and others lacked the inhibitions to keep them from whispering, speaking or shouting obscenities into open mics, and now has gone mainstream. Fortune 500 companies run by Harvard Business School grads believe that promoting their business with coded vulgarity is cute and responsible. Well, it isn’t. It just makes the world we live in a little uglier, and it’s more than ugly enough.