Workplace

The Sixth Annual Ethics Alarms Awards: The Worst of Ethics 2014 (Part 3)

/ Jack Marshall / 13 Comments

ellen-selfie

2014 Conflicts of Interest of the Year

  • Conflicted Elected Official: Philadelphia State Senator LeAnna Washington. This is always an entertaining category. Washington was convicted of using her tax-payer financed staff to organize a yearly campaign fundraiser around her birthday party. When one staffer complained that this was illegal, she reportedly replied, according to his grand jury testimony:

“I am the fucking senator, I do what the fuck I want, and ain’t nobody going to change me. I have been doing it like this for 17 years. So stop trying to change me.”

  • Conflicted Journalist: CNN sent Jay Carney, fresh off his assignment as President Obama’s official spokesman, defender and spinmeister, to cover his ex-boss’s speech.
  • Conflicted  “Non-partisan” Watchdog: CREW. The Center For Responsibility and Ethics in Washington and its chief, Melanie Sloan, finally came clean (after falsely claiming non-profit status as a non-partisan organization for years) by making David Brock, head of the openly partisan, foaming-at-the-mouth anti-Republican media watchdog Media Matters its Chairman of the Board, essentially merging the two groups.
  • Appearance of Impropriety Award: Rep. Steve Scalise (R-La), Republican Whip. It is not certain yet whether Scalise knowingly spoke to a group of white supremacists in 20o2, inadvertently spoke to the group, or just spoke to another group meeting in the same venue before the David Duke-affiliated group of racists started comparing sheets. It isn’t even clear that Scalise knows, but everyone should agree that it looks awful no matter how you categorize it, making the fiasco a classic appearance of impropriety situation. If the Republicans were smart, they would dump him.

Unethical Attire of the Year

Offensive shirt

This.

Unethical Political Candidate of the Year

Wisconsin Democratic gubernatorial candidate Mary Burke, whose campaign materials were largely plagiarized from the materials other candidates.

Ethically Clueless Voters of the Year

New York’s 11th Congressional District, which contains Staten Island and parts of Brooklyn. These alert and ethical citizens sent back to Washington thuggish and crooked Rep. Michael Grimm (R), then facing a 20-count indictment by federal authorities for fraud, federal tax evasion, and perjury, having earlier distinguished himself by threatening to kill a reporter and being recorded doing so.

  Unethical Advertising of the Year

Lawyer Division:

Public Service Announcement Division:

TV Program Division:

The Discovery Channel’s campaign for “Eaten Alive!” which did not, in fact, feature anyone being “eaten alive,” or at all.

Private Sector Product Division:

Halos. Or perhaps this is the Child Abuse Division:

Political Campaign Division:

Wendy Davis, Democratic candidate for Texas Governor, offered an ad attacking her wheelchair- bound opponent that 1) appealed to bias against the disabled 2) misrepresented the duties of a state attorney general 3) misrepresented the facts of the cases the ad referred to and  4)  deceived the public regarding the ethical duties of lawyers, which Davis, a lawyer, presumably understands. Continue reading →

The Sixth Annual Ethics Alarms Awards: The Worst of Ethics 2014 (Part 1)

/ Jack Marshall / 8 Comments

Cosby3

2014 was the year of the Ethics Train Wreck. They were coming so fast that they were getting tangled up with each other, and old wrecks from past years started rolling again, or the damage that was triggered a year ago or more started kicking in. I don’t know if every year really is more ethics free than the year before, or that it just feels that way because I’m getting better at sniffing it out. By any standards, it was a wretched year, with epic ethical misconduct across the culture. But I can’t stall any more: let’s wade into it. There will be more installments this year, so the misery is coming in smaller bites. You’re welcome.

Ethics Train Wreck of the Year

trainwreck

It’s a tie!

The Ferguson Ethics Train Wreck and The Obama Administration Ethics Train Wreck

The obvious winner is the Ferguson Ethics Train Wreck, which has managed to hook up with the 2012 winner, The Trayvon Martin- George Zimmerman Ethics Train Wreck, as well as a the sub-EthicsTrain Wreck attached to the death of Eric Garner, to further degrade U.S. race relations, undermine the stability of numerous cities, get several people, including the recently assassinated NYC police officers killed, revive race riots, give vile demagogue Al Sharpton unprecedented power and influence, and pick up such distinguished riders as President Obama,  Missouri Governor Jay Nixon, New York Mayor de Blasio. It is also still barreling along at top speed after many months, and is a good bet to continue its carnage well into 2015. 

Yet, it became clear to me this summer with this post that the entire Obama Administration has become an Ethics Train Wreck, and one that is neck-and-neck with the one spawned in Ferguson in threatening short and long-term damage. Incompetence, dishonestly, lack of transparency and arrogance have hardened cynicism in the public, corrupted the ethical values of defenders, let journalists to disgrace themselves, and fertilized festering potential disasters internationally and domestically. This is also, I now see, a wreck of long duration that started in 2009, and had gathered momentum with every year. It also has sparked other wrecks, including the one that now keeps it from being the sole 2014 winner. How much damage will The Obama Administration Ethics Train Wreck do in 2015? Which agency or department will prove itself to be corrupt, incompetent and mismanaged, which official will continue in a post after proving himself unfit to serve, which inept pronouncement or abuse of power will further degrade American trust and freedom?

I’m not looking forward to learning the answers.

Fraud of the Year

The U.S. Justice Department, which allegedly participated in a plot to force  Sierra Pacific Industries and other defendants  to pay $55 million to the United States over a period of five years and transfer 22,500 acres of land as settlement of charges brought against the company by DOJ for causing a 2007 wildfire that destroyed 65,000 acres of land in California. Naturally, the national news media has barely covered this scandal, which is still in litigation. Runner Up: The Victoria Wilcher scam, which made KFC pay for plastic surgery for a little girl when there was no evidence that the company was in any way involved with her injuries. After the fraud was discovered, it didn’t dare ask for its money back. Well played, fraudsters! Continue reading →

Ethics Dunce: Phylicia Rashad

/ Jack Marshall / 19 Comments

COSBY-AND-RASHAD

Phylicia Rashad, the African American actress best known for playing “Claire Huxtable,” Bill Cosby’s wife on his legendary sitcom, was resolute about not be dragged into the crisis facing her on-screen hubby, as woman after women has come out with allegations that she was raped, sexually assaulted or drugged by funny, ol’ Bill. She should have stayed that way. Unfortunately, she allowed a Hollywood celebrity reporter to pull some quotes out of her, and now she has a crisis of her own. Now we know she values loyalty, group identification, show business protocol and her own financial interests over decency, fairness, honesty, justice, compassion, respect for women, and truth.

Or, I suppose, she might be an idiot.

Rashad’s take on Cosby’s problems was also odd, as it focused very little on the man being accused of such heinous acts. She didn’t say, or at least such remarks weren’t reported, that he was a wonderful human being, or that she could not imagine the man she worked so closely with all these years doing what so many alleged victims claim. She said that she “loves” him. In show business, this is like the host of a TV talk show saying a guest is a close personal friend: it is routine, and means nothing.  Rashad’s defense of Cosby consisted of dismissing his victims’ stories as baseless, and this:

“What you’re seeing is the destruction of a legacy. And I think it’s orchestrated. I don’t know why or who’s doing it, but it’s the legacy. And it’s a legacy that is so important to the culture….Someone is determined to keep Bill Cosby off TV. And it’s worked. All his contracts have been cancelled…This show represented America to the outside world. This was the American family. And now you’re seeing it being destroyed. Why?”

Why. Huh. That’s a head scratcher isn’t it? Yes, why would the entertainment value of family situation comedy about a wise, loving father , the wife whom he adores and his brood of adorable, normal, kids, including three, and ultimately four, teenage girls be diminished in the least by overwhelming evidence that the actor playing said father is a sick, ruthless, sexual predator and the King of Hypocrites? Continue reading →

The NYPD Turns Its Back On De Blasio: What’s Going On Here?

/ Jack Marshall / 6 Comments

NYPD backs

The rift between New York Mayor de Blasio and his city’s police department  is more than an internal spat. It has the potential to divide and harm the city and citizens, not to mention crashing the Mayor’s already self-jeopardized political career early in his term. Both sides if this dispute committed hostile acts that the other considers grievously disrespectful. Neither combatant appears ready to apologize.

De Blasio crossed what many of his department’s officers consider an uncrossable line when he suggested, in the immediate wake of the grand jury’s decision not to indict in the Eric Garner case, that his own bi-racial son was at risk of harm should he be apprehended by the NYPD. As I have written before, this was not, as the spinners would have it, just a case of a mayor being candid about genuine problem in community relations. This was a tacit endorsement of the “hands up” protests and their contention that Garner, Mike Brown and others were the victims of police racism, that police are killing, likely to kill, want to kill, black kids. It doesn’t matter that de Blasio may not have intended that implication: under the circumstances and in the context of events, this is what police officers interpreted his remarks to mean. He was siding against them. He was suggesting that the grand jury was wrong not to indict. He was suggesting not that some NYPD officers were racially biased, but that black children like his son “may not be [Translation: “are not“] safe from the very people they want to have faith in as their protectors.”

The police have responded with multiple demonstrations of anger and contempt for their boss. Most recently, there were boos and jeers when De Blasio spoke at a police graduation ceremony this week. Over a hundred officers symbolically turned their backs when the mayor spoke at the funeral of Officer Rafael Ramos, who was assassinated by a man who suggested that he was seeking vengeance for the deaths of Garner and Brown. That had followed the theme of an airplane-towed banner over the city that read,“Our backs have turned to you,”which in turn was inspired by the spontaneous gesture by officers present when de Blasio visited the hospital where the bodies of Officer Ramos and his partner lay.

The New York Times, which has been guilty of bolstering the “hands up” lie by carelessly linking the deaths of Brown and Garner as well as Trayvon Martin, none of which can be fairly blamed on racism based on available evidence, has come down squarely against the police, writing in an editorial: Continue reading →

Is It Ethical For Professors To Date Students?

/ Jack Marshall / 48 Comments

teacher-student datingProfsBlog asks the question regarding law professors and law students, but the question doesn’t change by narrowing the definition. The question is really, and only, “Is it ethical for teachers to have romantic relationships with students?” The answer is, has been, and forever shall be, “No.”

The answer to an ethics question sometimes becomes obvious when it is apparent that every argument on one side is either a logical fallacy, an unethical rationalization, or the application of an invalid ethics principle. Such is the case here, and thus I somewhat question the motives of the author of the post, Kelly Anders. Wishful thinking, perhaps? Asking the question creates the illusion that there is a real controversy. In this case, there isn’t.

I addressed this question a long time ago, in an early post here barely seen at the time but among the most frequently visited since. I wrote:

[P]rofessors [are] obligated to maintain a position of authority, objectivity and judgment as mentors and teachers of the whole student body, and [have] a duty to their schools not to allow their trustworthiness to be undermined by having intimate relationships among the same group that they [are] supposed to be supervising and advising. Dating a student is a professional breach of trust, and one that adversely effects the integrity of the entire educational institution…. The appearance created when a supervisor/manager/leader indulges in intimate relations with someone over whom they have authority, status and power—and every professor has authority over every student, in class or out— undermines the institution and the profession, by sending the false message that such relationships are standard, approved, and implicitly desirable in the culture where they occur…A professor has a potential teacher-student relationship with all students at a university, not just those in his or her classes.

Dating a student who happens not to be in one of those classes is what lawyers call “a distinction without a difference.” Many students and professors will reasonably assume that the pairing arose out of the student-teacher relationship, and in some ways it almost certainly did. A teacher always has superior power over any student by virtue of his or her position of authority, and it is an abuse of that power to use it to entice students into dates or bed…

[It] is naive to ignore the extended conflicts such relationships create. Might the professor’s best friends on the faculty be more generous when grading their friend’s significant other if he or she is one of their students? Will the professor consciously or subconsciously be easier on the friends of his student lover if they are in his class? The fact that the question can be asked shows that the situation should not occur where it can be asked.

Students, all students, must be off-limits as romantic partners for professors and administrators in universities, regardless of what rules are in place.Professors who date students risk their jobs because a student body is not their sexual smorgasbord, and it is a breach of trust and duty to treat it like one.

I wouldn’t change a word, except that typo I just noticed, and just fixed in the original. Nor is anything I wrote then revolutionary or new. These are the realities of authority, professionalism, leadership and power. It’s just that sometimes people really, really wish they were not. Continue reading →

Just In Time For Christmas, Here Are All The Bad Arguments And Rationalizations Against Tipping So You Can Feel Self-Righteous About Being A Scrooge

/ Jack Marshall / 20 Comments
See? The rest of the world knows how to deal with you sexist, racist, aristocratic poverty perpetuating, self-esteem destroying bastards!

See? The rest of the world knows how to deal with you sexist, racist, aristocratic poverty perpetuating, self-esteem destroying bastards!

Vox has published an entertaining screed against tipping, massing all the contradictory, facile rationalizations and faulty arguments against demonstrating one’s gratitude when someone serves you well. This is Vox, remember—Ezra Klein’s uber-progressive website with an agenda. Think about what the alternative to tipping is, and where the critics of tipping are going with these claims. Hint 1: It has nothing to do with democracy or individualism. Hint 2: The piece argues that tipping is classist, racist, sexist, “lookist”…the works.

The full illogical, ethically confused character of this junk has to be read to be fully appreciated, but here is a quick overview:

1. Hoary old quotes. There are these, for example:

English author Lynne Truss on visiting New York: “In this great financial capital … tips are not niceties: give a ‘thank you’ that isn’t green and foldable and you are actively starving someone’s children.” No, Lynne, you’re being cheap, that’s all.

The Village Voice’s Foster Kamer: “It reinforces an economically and socially dangerous status quo, while buttressing a functional aristocracy.”   Ah. You see, if lower paid service professions are treated like robots and underpaid, they will rise up and overturn this monstrosity called capitalism.

 Michael Lewis: “I feel we are creeping slowly toward a kind of baksheesh economy in which everyone expects to be showered with coins simply for doing what they’ve already been paid to do.” Who is being “showered with coins?”

2. “Tipping lets employers off the hook.” Translation: It gets in the way of the progressive “living wage” campaign. Mandatory salary levels drive businesses out of business and reduce jobs. Want to see all restaurants go to the iPad, self-ordering, system running rampant at airport restaurants—and no, I don’t tip a runner who just carried my food to the table—by all means, force restaurants to pay “a living wage.”

3.  “Tipping is undemocratic.” This is the George Orwell, “Peace is War” argument. The government should stop me from giving my money to whoever I want in the name of democracy. Continue reading →

Ethics Alarms Mail Bag: The Cologne Allergy

/ Jack Marshall / 35 Comments

Perfume allergyEvery now and then readers think I’m Ann Landers. Today I got a “Dear Ethics Alarms: What’s right?” e-mail from a friend, and I thought I’d answer it on the blog because it raises a classic ethics conundrum.

The inquirer belongs to a social group that meets weekly. It is a weekly joy, I am told; the writer has been attending for years. Everyone convenes, on the given day, right after work. Attendance varies, and membership is informal, though individuals have been told, on rare occasions, to come no more.

Of late an infrequent attendee, but a member of long standing, has begun to attend meetings with some regularity. My friend says this is not the happiest of developments, because the two do not get along. It is a breach of long-standing, I am told and is not going to be healed. “She is an asshole,” is how the letter delicately puts it.

Last week, shortly before the end of the 90 minute gathering, the recent interloper stood up and declared that she had developed a serious allergy to colognes, perfumes, aftershave, and all chemical scents. Looking right at my friend, she declared that this allergy made exposure to any sort of commercial scent unbearable, and she asked that in the future no members should wear perfume of any kind.

“I have worn a favorite brand of cologne every day for over thirty years,” the from my acquaintance letter says. “I always get complimented on it; the scent is subtle and nobody would notice it unless they were right next to me. The asshole and I have been separated by the length of the room since she started coming. Personally, I think she made the demand just to make me miserable. She knows, from our previous relationship [NOTE: I think it was more than just a friendship], that I wear the cologne.”

The question: Is she ethically obligated to stop wearing cologne on the day of the meeting (she goes right from work) to accommodate this member’s special problem?

Add to this the broader ethics question that comes up often: Does a group member with special sensitivity have the ethical upper hand allowing such a member to demand that all other members avoid conduct that only bothers that member? Continue reading →

“Beverly Johnson And The Bill Cosby Scandal”: NPR’S “On Point” With Michel Martin, and Me, Among Others

/ Jack Marshall / Leave a comment

old-microphone

//embed.wbur.org/player/onpoint/2014/12/16/bill-cosby-beverly-johnson-assault

The panel segment starts after the interview with Johnson, about halfway in. You can also listen on the WBUR website, here.

My comments regarding the discussion are here.

The Michel Martin Question I Didn’t Answer This Morning, and More On The Bill Cosby Scandal

/ Jack Marshall / 9 Comments

On pointIn the segment on “Beverly Johnson And The Bill Cosby Scandal” I just completed for NPR’s “On Point” program, out of Boston with the magnificent Michel Martin hosting, I emulated the Sunday morning talk show guests I so revile for answering questions by making their own points that have little or no relevance to what was asked. Michel asked me, as the time left in the hour-long program was ticking down, what ethical obligations consumers—that is, the audience for his concerts, TV shows and albums—have regarding Cosby, in light of the rape allegations against him.

I was still stunned by the comments made by three callers, encompassing several ethically confused assertions that you know I would find annoying:

  • That the victims should not be coming forward so late;
  • That Cosby is “innocent until proven guilty” (GRRRRR…);
  • That it’s “easy” for women to make unsubstantiated allegations against celebrities, and
  • That there is a parallel between the allegations against Cosby and the Rolling Stone campus rape story.

That last one especially had my head threatening to explode, which would not be good for my relationship with NPR, so I think I can be forgiven for missing Michel’s query. Yes, the UVA rape allegation is exactly like the Cosby scandal, other than the fact that the accusers in Cosby’s case have come forward publicly while “Jackie” has not; that its two dozen (so far) alleged victims for Cosby and one in the UVA case; that one situation is a classic example of abuse of power, wealth and influence and the other is not; that Cosby settled one claim rather than air the allegations in a court of law; and that virtually every part of “Jackie” claim has failed to hold  up under scrutiny and investigation, whereas Cosby, the one individual who could offer evidence to counter the allegations against him, has done nothing but have spokesmen and lawyers issue blanket protests and denials.

Yup. Identical.

My answer to Michel should have been this:

“It’s up to Cosby fans, If they still can still laugh and cheer at Cosby’s nice guy schtick and “America’s Dad” persona knowing that he’s a serial rapist, fine: laughter is good, get it where you can. Personally, I can’t laugh at someone whom I know has engaged in horrific acts, hurt women who admired and trusted them, and by his own conduct left another cultural hero lying face-down in the mud. I can’t forgive it, I can’t get past it, and I’m certainly not going to keep laughing. this is no different from the NFL fans who keep wearing Ray Rice jerseys, or for that matter, Democratic women who continue to swoon over Bill Clinton. If they do, they either:

  • Can’t get over their cognitive dissonance, and at some level refuse to believe what cannot be rationally denied, or…
  • Don’t think the conduct involved—punching women, exploiting women, raping women—is worth getting upset about, or…
  • Buy the absurd personal/public dichotomy, and can still cheer wife-beatering athletes, star-struck intern-exploiting leaders, and raping comedians.

All of these are sad and impossible to justify, but they are common. Does the continued support of a Cosby ratify his conduct? Not in the eyes of his undeterred fans, but in the culture? Of course it does. If Bill Cosby’s career escapes relatively unscathed by this, and he is not held accountable by society, the verdict of the culture will be a particularly extreme version of The King’s Pass: if you are rich enough, powerful enough and seen as contributing enough to society, then you will be held to a lower standard, and can get away with, if not murder, serial rape.”

Continue reading →

Reminder: It’s A Wonderful Ethics Movie!

/ Jack Marshall / 13 Comments

It's_a_Wonderful_Life

I’m watching “It’s A Wonderful Life,” Frank Capra’s ultimate ethics movie. Don’t forget to review its ethics dilemmas, conflicts and conundrums with the handy

Ethics Alarms Complete “It’s A Wonderful Life” Ethics Guide.