Workplace

Burger King, Mary J. Blige and the Political Correctness Double-Bind

/ Jack Marshall / 5 Comments

"No, let's give the fried chicken commercial to Donny Osmond. I don't think Mormons even like fried chicken..."

My theater company did a production of the Depression Era comedy “Stage Door,” about a group of young actresses  who stay in a boarding house. There are two roles for “domestics” in the play; the female of the two has quite a few lines. The director felt that it would be perpetuating a stereotype to cast African-Americans in these roles, though that is what the characters were supposed to be, so she cast white actors in both parts. The bottom line is that African-American actors were not cast because of their race, in parts written for actors of their race. No offensive stereotype..and no jobs.

This seems counter-productive and foolish to me. Another example: I was once told by the EEOC specialist at a New York law firm that he never took female associates on travel to meet with clients, because he didn’t want to be vulnerable to sexual harassment claims. “So you’re discriminating against women in your firm to avoid harassing them?” I asked. “Well, I suppose you could say that,” he replied.

Which brings us to Mary J. Blige. The singer was hired by Burger King to sing in a fried chicken commercial, and the result has been attacked as racist stereotyping by several black publications and critics. Burger King has pulled the commercial, muttering some cover-story, along with Blige, about the ad being released “prematurely.” How that would change the fact that she is singing “Crispy chicken, fresh lettuce, three cheeses with dressing!” I don’t really grasp. Anyway, Burger King has officially apologized, which, I suppose, means that just as you can’t use the term “chink in the armor” in discussing anything to do with Jeremy Lin, you can’t hire a black singer to promote fried chicken….even if a black singer wants to promote fried chicken and needs a job. Continue reading →

Ethics Dunce: Mirlande Wilson

/ Jack Marshall / 10 Comments

"Share? Why should I share?"

Mirlande Wilson was part of a lottery pool formed in the Maryland McDonald’s where she works, and claims that she bought one of the three winning tickets that will split the $640 million dollar Mega Millions jackpot. But Wilson told the New York Post that although she did take part in the pool, she bought the winning ticket on her own and has no intention of splitting the winnings. A co-worker who took part in the pool dispute’s Wilson’s story and says Wilson was given additional money late Friday night to buy extra lottery tickets before the Mega Millions drawing.

Why are people like this? Yes, I know, greed…still: does winning a fortune have to turn people into utter, irredeemable jerks? Continue reading →

Dr. Z’s Tips to Avoid Unethical Influences in the Workplace and in Life

/ Jack Marshall / 4 Comments

The wise and provocative "Dr. Z" (on the left)

I’m giving ethics seminars to lawyers and accountants today at a non-profit conference in Washington, D.C. While I’m gone, I thought you might want to think about one of the topics I’ll be talking about, the problem of avoiding unethical influences and being co-opted by an unethical culture. What follows are some of the principles advocated by psychologist  Philip Zimbardo, “Dr. Z” to his students, who is best known for devising the infamous Stanford Prison Experiment (it was even made into a movie), that demonstrated to a frightening degree how ethical individuals could engage in horrendous acts when placed in the right (or wrong) environment. Zimbardo has studied, taught and written about this phenomenon extensively, and I find his advice bracing and wise, as well as fodder for debate and discussion. Here it is: Continue reading →

Easy Call: Employers Asking For Facebook Passwords? It’s Unethical. So Let’s Stop It.

/ Jack Marshall / 19 Comments

Ethics Alarms’ predecessor, The Ethics Scoreboard, had a feature known as “Easy Calls,” where I would render periodic ethics verdicts I thought should be obvious. Today’s talk radio and blogosphere sensation, the report that asking for a job applicant’s Facebook password is becoming a common practice of employers, is a classic easy call. And like a lot of those on the Scoreboard, an amazing number of people are getting this easy call wrong anyway.

For example, I heard lawyer-radio talk-show host Laura Ingraham today mock complaints about the practice, saying it was a legal request. Sure, it’s legal. It is still wrong, an indefensible incursion of personal privacy. “You are always free to look for a job somewhere else,” Ingraham says, as if that makes everything fine. Being free to reject an unfair and coercive job requirement doesn’t make it any less unethical. Law professor Orrin Kerr says that the Facebook demand is in the same league as demanding a job applicant’s house keys. Let’s see, what else could a prospective employer ask? Continue reading →

Mike Daisey Follow-up: Behold! The Classic Response of the Self-Righteous and Unethical!

/ Jack Marshall / 1 Comment

Mike Daisey in China. Or, standing in front of a big poster. What difference does it make which, really?

Soon after I posted my article about Mike Daisey’s representation of fabricated events and facts as truth in his January feature on NPR, the actor/activist posted this dismissive explanation on his own blog.  It is Dan Rather’s Memogate excuse taken to the next level, the epitome of self-justification of the unapologetic zealot who believes that all is fair in the battle against (what he regards as) evil, employing a full battery of rationalizations for unethical conduct:

1) Daisey’s lies don’t matter, because they were used to expose a real problem (a.k.a “the ends justify the means”); Continue reading →

Facebook’s Weird Ethical Standards

/ Jack Marshall / 11 Comments

I know, they're too small to read. Never mind; they also don't make any sense

The idea of Gawker, a website that shares the ethical standards of the seamier denizens of “Rick’s” in “Casablanca,” doing a legitimate ethics expose gives me a brain cramp, but the gossip site has given a platform to a Facebook whistleblower, sort of.

I say “sort of,” because knowing Gawker, I wouldn’t be surprised to learn that he was paid to rat out his former employers-once-removed (he was hired by  Facebook’s outsourcing firm that handled his training—oDesk), making him ethically less of a whistleblower than a candidate for Gawker’s editorial board. The argument, I suppose, would be that a dollar an hour, which is what Gawker’s source says was his princely reward for doing Facebook’s dirty work, shouldn’t buy much loyalty and confidentiality, if any. Ethically, that’s false: you are obligated to abide by the terms of bad deals if you voluntarily agree to them. Practically speaking, it is true. A worker a company exploits is likely to harbor more animus than good will, and it isn’t the happy workers who blow whistles. Fine: neither Gawker’s source nor Gawker are ethically admirable. On to Facebook.

The whistleblower is Amine Derkaoui, a 21-year-old Moroccan who was recruited by an outsourcing firm to screen illicit Facebook content. This is what he was paid a dollar an hour for, which, when one considers the news reports flying around recently about how rich Mark Zuckerberg is, and after the company filed its record $100 billion IPO, seems unequivocally exploitive. His real exposé, however, involves what he was paid to do, which was to be Facebook’s censor. Derkaoui supplied Gawker with a bootleg copy of part of Facebook’s abuse standards, which lays out what the company believes is appropriate and what it believes should be banned from the web. Thus it is Facebook’s morality, revealing the ethical standards that the company embraces. Continue reading →

“Forget Jobs, It’s You Passing Out In Public, Stupid!”

/ Jack Marshall / 6 Comments

Well, maybe there’s something wrong with Wisconsin after all.

Mayor Ryan, behaving irrelevantly

In Sheboygan, Mayor Bob Ryan, is about to face Terry Van Akkeren in the first mayoral recall election in that Wisconsin city’s history. It was prompted after Ryan was caught on tape passed out in a bar after a drinking binge last summer. More than 4,000 Sheboygan voters signed petitions to force the recall.

As one would expect, the mayor who humiliated his community, set a wretched example for his public (and their kids), showed that he has allowed his alcohol problem to render him unfit to serve, and violated a pledge he had made in 2009 (when he was running for office) that he had given up drinking for good, now argues that the incident is irrelevant. He says that what matters is who can bring the most jobs back to Sheboygan. Continue reading →

Punishment for Color Blindness: ESPN’s Unfair and Cowardly Suspension of Max Bretos

/ Jack Marshall / 71 Comments

What Max Bretos means by "chink in the armor." Not that ESPN cares.

The headline “Chink in the Armor: Jeremy Lin’s 9 Turnovers Cost Knicks in Streak-stopping Loss to Hornets” appeared on ESPN’s mobile web site last week, and it was quickly removed. ESPN apologized, then fired the over-night headline writer who thought it would be cute to make a racially-offensive play on words between the derogatory slur for a person of Chinese descent, and the old, respectable, and the completely non-racial phrase meaning “a flaw or weak point.”

ESPN’s response to the tasteless headline was appropriate.

But it wasn’t enough for ESPN, which was under a full barrage from the  political correctness police and race bullies as well as Jeremy Lin fanatics. So the station also decided to make a victim of  innocent anchor Max Bretos, suspending him for 30 days because he used the expression Wednesday when he asked New York Knicks legend Walt “Clyde” Frazier on air about Lin.

“If there is a chink in the armor, where can he improve his game?” Bretos asked. Continue reading →

In The Catholic Institutions vs Obamacare Showdown, Law and Ethics Trump Morality…And Should

/ Jack Marshall / 118 Comments

The Christian Soldiers are on the wrong side of this argument.

A controversial rule, announced last month as part of President Obama’s health-care overhaul, requires religiously affiliated colleges and hospitals to provide female employees the full range of contraceptive coverage, including contraceptives, the “morning-after pill” and sterilization services. The measure has  Catholic Church-run institutions up in arms over a system that would force them would  to offer plans that contradict their teachings. Catholic bishops have been leading the growing criticism of the rule,  distributing letters and other materials for distribution to millions of worshipers. Talk radio is abuzz with talk of Obama’s escalating “war on religion.” Even the Washington Post editorial staff criticized the move.

Naturally, the Republican-run Congress announced, via Speaker Boehner, that it would protect Freedom of Religion and block the measure with legislation. All in all, it is a spectacular collision of law, morality and ethics the likes of which we seldom see.

As for simple-minded me, I don’t think this is an especially difficult problem from an ethical point of view. Politics? Practicalities? Culture wars? Yes, those are all extremely difficult considerations in this argument, but they are also not my proper realm. The ethics are clear.

President Obama is right. Continue reading →

Old Testament Treatment For The Miramonte Elementary School Culture

/ Jack Marshall / 5 Comments

It could be worse; at least no teachers have been turned into pillars of salt.

Following the discovery that two Miramonte Elementary School teachers, Mark Berndt and Martin Springer,  allegedly engaged  in lewd activity with students, Los Angeles Unified School District made the brave decision to replace all teachers and staff, with everyone being re-assigned. Predictably, there have been protests and criticism. The basic argument: it is excessive and unfair. The good teachers, whoever they were, weren’t at fault.

Yes, they were; at least, they were responsible, and share accountability for a culture they were part of. The school district’s decision correctly assumes that when two members of a relatively small teaching staff abuse young children over a long period, something is rotten at the school beyond those teachers. Oversight is lax, administrators are looking the other way, teachers are protecting colleagues or refusing to acknowledge the implications of what they see or hear. There is a substantial chance that the Miramonte Elementary School didn’t just have some proverbial bad apples, but that it had created a culture that encouraged apples to go bad. There can be no certainty that Berndt and Springer were the only abusers on the staff, and the safety of children is at stake. Clear out the school, and wipe out the culture; have new personnel from top to bottom. It is easier to start over with a rotten culture than to try to fix it: this was God’s attitude in the Old Testament, and He had a point. The difference is that He killed off corrupt cultures with floods and fire, or just made them wander in the desert for generations.  Luckily, this isn’t Congress, Wall Street, Hollywood, or Rupert Murdoch’s empire. You can start all over with a school. Continue reading →