Workplace

Your Incompetent, Biased, Lazy, Untrustworthy News Media At Work: A Case Study

/ Jack Marshall / 27 Comments
Remarkably, Norman Rockwell accurately predicted how news would be reported in 2013!

Remarkably, Norman Rockwell accurately predicted how news would be reported in 2013!

Last week, the Huffington Post breathlessly reported that McDonald’s could double its workers wages, thus giving them a “living wage,” by raising the price of a Big Mac by a mere 68 cents. This obviously had appeal to the HuffPo’s liberal sensibilities, more proof of how a big corporation was needlessly lining its pockets while exploiting the lowest rungs of the workforce. The “proof” was in a study that had been represented as a being run by a “University of Kansas researcher.” The study results looked so good that the fine progressives at the site just knew it had to be right—after all, it perfectly confirmed their own beliefs. This, I’m sure you have guessed by now, is confirmation bias in its purest form.

The Huffington post writer and editors didn’t check the source, and didn’t check the study. And as some non-biased, at least in the same direction, reviewers quickly found out when they did, neither held up. The “researcher” was an undergraduate (Arnobio Morelix, whose wonderful name alone would have made me want to check him out) , and the “study” might have been a term paper. The paper’s assumptions, conclusions and math didn’t hold up, as is fairly common for undergraduate papers. The Huffington Post had to retract its story, five days later.

Alas, too late! Continue reading →

Ethics Dunce: “Johnny Football”—True, But Now What? Maybe Hollywood Had The Solution

/ Jack Marshall / 28 Comments
You don't know this actress, do you? There's a reason...

You don’t know this actress, do you? There’s a reason…

Texas A&M Aggies quarterback Johnny Manziel, a.k.a “Johnny Football,” ended last year by winning the 2012 Heisman Trophy, the first freshman ever to do so. He has spent the first 8 months of this year showing that he is an immature, arrogant kid with a dangerously inflated ego, with no sense of his obligations as a widely admired elite athlete, and little expertise in how to conduct himself responsibly and ethically.

A brief and incomplete sampling of his exploits:

  • In January, following his team’s  A&M’s Cotton Bowl win over Oklahoma, he visited the Winstar Casino in Oklahoma for some late-night gambling. He tweeted a photo with friends, waving money around. When the photo went viral on the web, sparking criticism, Manziel tweeted, “Nothing illegal about being 18+ in a casino and winning money…KEEP HATING!”
  • In March, Manziel was frustrated after throwing an interception during a spring football scrimmage, so he shoved aside a graduate assistant who happened to be in his way.
  • He was photographed with a fake tattoo of Texas A&M’s archrival Texas Longhorns, infuriating the fanatic fans of the Aggies. Continue reading →

I Would Have Fired Sympathetic, Well-Meaning, Grandmotherly Sharon Snyder, Too: The Perils Of Consequentialism

/ Jack Marshall / 132 Comments

Hear me out.

Why do I suspect that if this had been the clerk in question, we wouldn't be hearing about this story?

Why do I suspect that if this had been the clerk in question, we wouldn’t be hearing about this story?

The news media is indignant over the firing of Sharon Snyder, 70, a court worker who provided a copy of a successful motion for seeking post-conviction DNA testing that gained Robert Nelson a reversal of his wrongful 1984 rape conviction. He had been sentenced to more than 50 years in prison, and the belated DNA testing showed that he was innocent. Nevertheless, court officials in Jackson County, Missouri ruled that Nelson’s “angel” had improperly provided advice about a case, among other violations of court rules.

Snyder  was fired nine months before she was scheduled to retire, and there is little question that without her efforts, Nelson would still be in prison. In August 2009, Nelson filed a motion seeking DNA testing that had not been available at his trial 25 years earlier, but Jackson County Circuit Judge David Byrn denied the request. Two years later, Nelson asked the judge to reconsider, but again Byrn rejected the motion because Nelson’s self-drafted document was insufficient under the statute Nelson had cited.  After the second motion was rejected, Snyder contacted Nelson’s sister and gave her a copy of a successful motion, drafted by a lawyer, that resulted in the same judge granting another DNA testing request.  Nelson then used it as a template for a motion he filed Feb. 22, 2012, again seeking DNA testing.  Byrn sustained the motion, found Nelson to be indigent and appointed Laura O’Sullivan, legal director of the Midwest Innocence Project, to represent him.  Last month, the Kansas City Police Department’s crime lab concluded that DNA tests proved that Nelson was not the rapist in the crime he had been convicted of committing. He was freed on June 12, 2013

This is all good, and an example of justice finally, if belatedly, prevailing.

Snyder’s role, however, got her suspended without pay, and then fired on June 27. Continue reading →

Sorry: I Would Fire Don/Dawn Ennis

/ Jack Marshall / 90 Comments
Old Don, Dawn, New Don

Old Don, Dawn, New Don

Let me begin by saying that I have no idea what is going on, was going on or will be going on with ABC producer Don Ennis. Unless he has the worst sense of humor in the world, whatever it is isn’t good, or anything I would wish on someone else. I am, to a point, sympathetic. However, if I were his employer, I would tell Ennis today that he will have to work out his unusual identity issues somewhere else, and I believe that would be the right thing to do. It may not, however, be the legal thing to do, which is one of approximately 268 reasons I’m glad that I am not Mr. Ennis’s employer.

Not that it wouldn’t be exciting. If you hadn’t heard, last May Don Ennis, a well-respected ABC News editor and previously unambiguously male, entered his newsroom wearing a cute black dress and an auburn wig and announced to a stunned staff, colleagues and superiors that he was transgender. The ABC News national assignment editor said he was forever more to be known as Dawn Stacey Ennis. “Please understand,” he said in a statement, “this is not a game of dress-up, or make-believe. It is my affirmation of who I now am and what I must do to be happy, in response to a soul-crushing secret that my wife and I have been dealing with for more than seven years, mostly in secret. A father of three, “Dawn” announced that the newly-confirmed she was separating from her wife of seventeen years.

His colleagues were supportive, as was everyone else in the media, which is why you probably hadn’t heard the story. They left flowers on Dawn’s desk; ABC News President Ben Sherwood wrote her a note of support. I would have done likewise. This is a real problem, and exactly the kind of personal, medical crisis that the workplace ought to accommodate, while providing emotional support for the difficult and courageous transition. Thus Ennis continued to work at ABC sporting hormone-induced breasts, make-up, lipstick, skirts and heels. This undoubtedly caused a period of adjustment and awkwardness, but I would expect mature professionals to handle it gracefully.

Today, we learned, along with ABC, that Ennis has had a change of heart, and almost everything else. In a jaw-dropping e-mail to family and co-workers  titled “Not Reportable, Very Confirmed,” Ennis explained that he was Don Ennis again. “That will be my name again, now and forever. And it appears I’m not transgender after all.” Continue reading →

Ethics Corrupter: Yankee Third Baseman Alex Rodriquez; Ethics Dunce: Yankee Manager Joe Girardi; Disgraced: The New York Yankees

/ Jack Marshall / 19 Comments
Corrupted!

Corrupted!

Today, Major League Baseball announced that it was suspending Alex Rodriquez, the New York Yankees aging superstar, for the remainder of the 2013 season and the 2014 season for  using banned performance enhancing drugs, and impeding baseball’s investigation of his cheating. This was the climax (but not the end) of a long, drawn out, messy process and investigation involving a sleazy Miami drug lab, called Biogenesis, now closed down, which had records indicating that many professional baseball players had obtained banned substances.

Former National League MVP Ryan Braun (who I keep calling “Steve”) has already been banned for the rest of the year by the evidence obtained from Biogenesis records. The process has been marred by serial leaks from MLB  (unfair to the players involved, including Rodriquez) and ugly maneuvering between Rodriguez, who has been recovering from a serious hip issue, and the Yankees, who owe him approximately a gazillion dollars (thanks to an idiotic career contract signed in 2007 after he had already admitted to using steroids once), would like nothing more than for him to vanish in a puff of smoke and sulfur.

To explain the baroque ins and outs of baseball’s steroid wars, its player union relations, and the various intersecting agreements, special clauses and other things that have an impact on Rodriquez’s suspension would take too long here and would even bore the baseball fans. What you need to know now is this: Continue reading →

On The NFL Player’s Slur, The MSNBC Journalist’s Lie, Words, Conduct, Reason And Proportion

/ Jack Marshall / 60 Comments
If Riley Cooper were black, of course, then he would be "cool."

If Riley Cooper were black, of course, then he would be “cool.”

There are words, there are thoughts, and there is conduct. Thoughts are not unethical.  Conduct can be unethical. Words can be considered conduct when they are intended to have, or do have, material and measurable direct effects. Verbal abuse is conduct. Using a rude, vulgar or hateful word may not be verbal abuse.

Although the NFL and his team, the Philadelphia Eagles have every right, and some good reasons, to punish, suspend or even terminate Riley Cooper because a video reveals the Eagles player as saying, “I will jump that fence and fight every nigger here!” at a Kenny Chesney concert, I don’t see any conduct there, just words. He did not direct the racial slur at any individual, and there is no evidence that it was intended to harm or intimidate any African-Americans. He did not intend for the outburst to be publicized of communicated to anyone but the friends he said it to. On a pure  just punishment for harm intended or achieved basis, it is ridiculous for Cooper to be facing the loss of millions and his athletic career because he uttered a single racial slur that was captured on a video. It cannot be defended logically or as a reasonable position. Using one racial slur in that setting doesn’t prove that Cooper is a racist. It doesn’t prove hate. Even if it did, hate is not illegal or even unethical until the hater acts on it in an unethical way. And a word is just a word. We don’t, or shouldn’t, fear mere words in a rational American society. We shouldn’t have taboos, or people who “cannnot be named,” like in the Harry Potter books. The ease and certitude with which otherwise intelligent people capable of making judgments involving proportion and common sense blithely go along with the batty idea that uttering a word, only uttering it and nothing more, should result in devastating consequences, is frightening. It is a per se unethical position, because it is unfair, and incompetent, because it is essentially crazy.

Having said that, I can understand why, since so many people are irrational about words, why the NFL or the Philadelphia Eagles, as a business decision, may decide that they don’t want Cooper associated with them any more. That is a rational choice, and may even be the best choice. That is not the same as saying that he deserves that result. If the bulk of NFL fans are fanatically politically correct, then the NFL and its teams cannot afford to ignore that. Sorry Riley. Continue reading →

Ethics Quote Of The Week: Prof. William Jacobson

/ Jack Marshall / 30 Comments

“The incessant attempt to turn race-neutral phrases into racial testing grounds is part of a larger political war in which race agitators seek to turn everything into a discussion of race all the time in every sphere of life…Equating the race-neutral phrase “brown bag” used in the context of bringing lunch to work with some esoteric past-practice of inter-black skin tone testing is so ludicrous that it may have revealed a chink in the armor of the language police, which can be exploited by the vast majority of Americans of all races and colors who just want to get on with the conversation.”

—–Prof. William Jacobson, deriding yet another outbreak of mind-numbingly ridiculous political correctness word-censorship, an edict against using the term “brown bag” in Seattle, and the unwelcome return of one of the all-time silliest imaginary offenses, a CNBC reporter being criticized for using the phrase “chink in the armor.”

My family thanks you, Prof. Jacobson. This could have been me. And might yet...

My family thanks you, Prof. Jacobson. This could have been me. And might yet…

I (and my loving family, which really, really likes me) need to thank Professor Jacobson, the author of the blog Legal Insurrection, for writing his post about this topic—one I truly hate—-before I learned myself about the “brown bag” memo and especially the unwelcome sequel to the Jeremy Lin “chink in the armor” controversy. For one thing, after a long and infuriating day of traffic jams and car trouble, had I read the reports of these embarrassments to the human species in straight news accounts, some aneurism deep in my brain might well have popped, killing me on the spot. For another, he invested such obvious contempt and exasperation in his excellent post that I don’t have to risk death by working myself into a head-exploding rant-producing fury to do this continuing outrage justice. Jacobson pretty much knocks this hanging curveball right out of the park.

Among other things, he links to his discussions of previous examples of perfectly good, innocent and useful words, idioms and phrases that have been attacked by political correctness fanatics (which, unfortunately, includes a disturbingly large percentage of U.S. Democrats), including such “offensive” terms as black list, “Baa Baa Black Sheep,” rejigger, Providence Plantations, Black Friday, gobbledygook, illegal immigrant, undocumented immigrant, and master bedroom. Inexplicably, the professor left out the grandaddy  of them all and my personal favorite, “niggardly,”  the perfectly good word meaning “stingy” the use of which  once got a supervisor in the D.C. government fired, and which spawned Ethics Alarms’ indispensable Niggardly Principles, 1 and 2. He also chose to omit the long list of various words and phrases MSNBC’s Chris Matthews has declared as racist, including urban, “monkeying around,” welfare, food stamps, and even Chicago, but these are cynical “gotcha’s,” devised to show that every opponent of President Obama is secretly motivated by racial hate. Continue reading →

Helpful Civility Hint For Newspaper Editors: Don’t Tell The President of The U.S. To “Shove It”

/ Jack Marshall / 31 Comments
Classic song, catch phrase, unethical headline.

Classic song, catch phrase, unethical headline.

In a classic example of the stark difference in world views between the so-called “conservative media” and the mainstream (a.k.a. Left-biased) news media, the firing of a Chattanooga newspaper editor for an editorial headline telling President Obama to  “shove it”is either being held up as proof that the President’s allies are censoring the news and trying to drive objective journalists out of their jobs, or being ignored as a local story with no larger implications.

The story has larger implications, and they are these: Continue reading →

“Lookism” And The Plight of the Borgata Babes

/ Jack Marshall / 35 Comments
"Uh...Desiree? We need to talk..."

“Uh…Desiree? We need to talk…”

Atlantic City’s Borgata Hotel Casino & Spa calls its waitresses the “Borgata Babes,” and makes its hiring decisions accordingly. The cocktail waitresses’ job description requires part fashion model, part beverage server, part hostess, and entirely eye candy for the male of the species.  When the casino  hires a new BB, it weighs her. If her poundage increases by more than 7 percent, the casino reserves the right to suspend her until she’s back in flirting trim.

Anyone could see this lawsuit coming a mile away, and sure enough, twenty-two newly-portly babes lost a lawsuit against the casino in which they claimed sexual discrimination. (There are no male equivalents to the Borgata Babes, just the usual ugly, flabby male waiters and bartenders.) New Jersey judge Nelson Johnson ruled last week that the Babes are paid sex objects, and that the Borgata’s requirements were legal because the women were aware of them and accepted them as a condition of their employment. Johnson wrote, “Plaintiffs cannot shed the label ‘babe’; they embraced it when they went to work for the Borgata.”

Slate, in writing about the case, sees the ruling as an endorsement of weight discrimination that could spread like the flu, putting corpulent women and men on the breadlines. ” Says Slate:

[T]he ruling also raises questions about the role of babes in workplaces across the country. It’s conventional wisdom that male gamblers will keep pulling away at the slots as long as they’re lubricated by strong drinks served up by babely women. But wouldn’t some female patrons prefer to be served be hunky pieces of man candy? And couldn’t most workplaces argue that its jobs are better performed by babes, regardless of the venue? Is it OK to require that strippers be babes? Casino waitresses? How about investment bankers?”

Now there’s a slippery slope argument if I ever saw one. While it is true that physical attractiveness can be an employment asset in virtually any job—note #2 on fired TV reporter Shea Allen’s “confessions”— there are some jobs for which it is the primary, or at least a substantial and thus legitimate requirement. Strippers, of course. Fashion models. Cheerleaders. Actresses. Personal trainers. Fox newsreaders. Hooters girls, and pretty obviously, Borgata Babes. To say that a business can’t make a decision to have fantasy sex objects as part of its appeal is an excessive use of political correctness grafted to state power. Essentially, the suing Babes are arguing that they can pull a bait and switch—use their well-toned beauty to get hired, agree to maintain the high standard of visual perfection that they presented to their employer, then go to pot and sue if their employer objects. Beauty is an asset in the workplace and a tangible one: the pressure on the culture to behave as if that asset doesn’t exist (the pejorative labeling of a preference for the lovely over the hideous as “lookism” is the weapon of choice) and to prohibit employers from ever hiring on that basis in jobs where it is a substantial and relevant qualification is as unfair to the fit and comely as requiring an investment banker to look like Kate Upton.

Since the law will require, and should require, clear standards, there will need to be a legislative determination of what kind of jobs for men or women can justify termination when their occupants become unsightly. The law should also, however, permit a job applicant’s appearance to provide a legitimate and legal edge when all other qualifications are equal even when the job itself does not have any beauty or fitness requirements. I do not deny that this is an ethical and emotional minefield, implicating age and race bias, and that there are some contentious battles to be fought. I do deny that the Borgata Hotel Casino & Spa is the place to fight one.

One place where the appearance discrimination battle does need to be fought is Iowa, where the case I wrote about earlier, in which a hen-pecked dentist sought to fire his attractive and competent assistant because he found her “irresistible” and his wife was jealous, had the same ridiculous resolution last week. Yet another Iowa court ruled that her impeccable appearance was a legal justification to can her. That’s as outrageous as firing a dental assistant because she’s put on a few pounds, but being a “babe”—or not—should be irrelevant to one’s skill in flossing teeth.

It does give some hope to the ex-casino waitresses. I hear they are hiring unsexy dental assistants in Iowa.

_____________________________________

Facts: Time

Sources: Slate, UPI

Graphic: YouTube (Yikes!)

Ethics Quiz: The Braless, Blogging Reporter

/ Jack Marshall / 44 Comments
Too much information?

Too much information?

Shea Allen, an investigative reporter for WAAY-TV, a Huntsville, Alabama, ABC affiliate,  was fired from her job despite what had been considered sterling work because of a post she made on her personal blog.

Titled “Confessions of a Red Headed Reporter,” it was a light-hearted list of, she thought, minor quirks and trivial transgressions.

The fateful list:

1. I’ve gone bra-less during a live broadcast and no one was the wiser.
2. My best sources are the ones who secretly have a crush on me.
3. I am better live when I have no script and no idea what I’m talking about.
4. I’ve mastered the ability to contort my body into a position that makes me appear much skinner in front of the camera than I actually am.
5. I hate the right side of my face.
6. I’m frightened of old people and I refuse to do stories involving them or the places they reside.
7. Happy, fluffy, rainbow stories about good things make me depressed.
8. I’ve taken naps in the news car.
9. If you ramble and I deem you unnecessary for my story, I’ll stop recording but let you think otherwise.
10. I’ve stolen mail and then put it back. (maybe)

Your Ethics Alarms Ethics Quiz:

Was it fair for the station to fire her? Continue reading →