Workplace

April 12: Celebrating A Statistical Lie

/ Jack Marshall / 7 Comments

Some background, relevant to this topic:

I have mentored women executives. I have reported wage discrimination based on gender to an employer. I have called out a supervisor on sexual harassment, and, inspired by a younger sister who is twice the lawyer I could ever be but who had to work twice as hard to get the recognition I have, I continue to be active in opposing sexual discrimination and continue to help companies develop harassment-free cultures, which I view as an ethics issue. I mention this to try to demonstrate up front that I am no apologist for gender discrimination in wages or in anything else, as I note that today perpetrates a dishonest statistic that has been circulated by advocacy groups and uncritically accepted by the media and elected officials for decades, and ending the misinformation is wildly overdue. I repeat: I want women to be hired and paid on merit, fairly and on the same basis as men. But the lies have got to stop, and April 12th is the perfect day to stop it. Continue reading →

Arizona’s Anti-Ethical Free Exercise of Religion Bill

/ Jack Marshall / 5 Comments

While I was worrying about the unethical nature of so-called “conscience clauses,” which allow certain professionals, like pharmacists, withhold their services when they clash with the professional’s religious convictions, the Arizona legislature was cooking up something unimaginably worse. Last week the Arizona House of Representatives passed and sent to the Governor Brewer to sign into law SB 1288, a mind-blowing bill prohibiting the denial of occupational licenses or positions on public bodies because of an individual’s exercise of religion.

The soon-to-be-law states:

A. Government shall not deny, suspend or revoke a professional or occupational license, certificate or registration based on a person’s exercise of religion.

B. Government shall not deny, suspend or revoke a professional or occupational license, certificate or registration based on a person’s refusal to affirm a statement that is contrary to the person’s sincerely held moral or religious beliefs, regardless of whether those beliefs are specifically espoused by a recognized church or religious body… Continue reading →

Silly Job Interview Ethics

/ Jack Marshall / 47 Comments

What does a silly interview tell you about your prospective employer?

A website called Glassceiling.com has been collecting strange job interview questions, and Fortune has reprinted some of them, offering guidance to job interviewees who might panic when asked such questions as this one, apparently part of the Goldman Sachs interview process:

“If you were shrunk to the size of a pencil and put in a blender, how would you get out?”

The trick, say the experts, is not to lose your cool. Such questions are asked, the experts explain, not to elicit a correct answer, but rather to gauge an applicant’s poise, grace, reaction to stress, creativity and humor. Continue reading →

Manny Post Script: The Signature of a Jerk

/ Jack Marshall / 2 Comments

Manny Ramirez, the now-retired ex-baseball slugger, provoked the predictable responses from the media and fellow players in the wake of his sudden retirement after being notified that he would be the first major league player to face a 100 game suspension for failing a mandated PED test (that’s “performance enhancing drugs” for all of you who don’t know who Barry Bonds is), because no player had ever been caught TWICE before.

Everyone was in agreement that this meant: Continue reading →

What Your Boss Shouldn’t Ask You To Do

/ Jack Marshall / 32 Comments

"And I won't dress like that, either!"

Reading all the comments from readers who think sick children and their mothers have the right to demand our time and attention, no matter what our own needs and responsibilities may be, made me think again about a persistent issue in the workplace. What constitutes a reasonable and fair request from an employer to his employees, other than to do their jobs diligently, honestly and well?

I have encountered this issue several times in my career, and it impeded that career, such as it is, more than once. For example, I do not believe that an employer can tell you, or even ask you, to participate in a charity of the employer’s choosing. He, she or it cannot demand that you spend your weekends painting the houses of the poor, either. Nor is it ethical for an employer to make you play softball or climb mountains under the bizarre conviction that these activities improve office performance. Continue reading →

Ethics Heroes: NFL Owners

/ Jack Marshall / 9 Comments

The less THIS happens, the better.

I was wrong about the N.F.L.

On Tuesday, the N.F.L. owners voted to move kickoffs back to the 35-yard line, where it was until 1994. The new rule will make the game less exciting but more safe. I didn’t think they’d do it.

The league has a problem—I mean, other than the impasse in labor negotiations that threatens to disrupt the coming season and lose owners and athletes millions. Its game is more popular than ever, but little by little, the evidence is mounting that it is also lethal. Playing pro football injures the brains of a higher percentage of the athletes than anyone suspected, and far worse than suspected. Players are quite literally sacrificing their lives, or at least two or three decades of them, for the Sunday entertainment of America. Continue reading →

Rating Judge Kozinski’s Lies

/ Jack Marshall / 12 Comments

The Ninth Circuit declined the opportunity to reconsider its controversial (and wrong) decision earlier this year that declared the Stolen Valor Act unconstitutional.  That means that according to the Ninth Circuit, pretending to have won a Purple Heart or a Silver Star is protected speech, and Congress’s law making it a felony to wear such a medal when you haven’t done anything to deserve it is an infringement of free speech. I discussed this issue here.

This post, however, is about some interesting dicta in this week’s decision, courtesy of the Ninth Circuit’s most colorful jurist, Judge Alex Kozinski. The Judge has flip-flopped on this question now twice—he was against the Act, then for it, then against it again.  But this time around, he graced us with some provocative thoughts about why lying isn’t always wrong.  He wrote: Continue reading →

Ethics Hero: Tampa Bay Rays Manager Joe Maddon

/ Jack Marshall / Leave a comment

Joe Maddon, fulfilling his duty to confront racist jerks

During a Sunday Spring Training game at Charlotte Sports Park in Florida, Tampa Bay Rays  manager Joe Maddon heard a fan berating Rays centerfielder B.J. Upton with a racial insult. Maddon summoned stadium security and had the fan thrown out of the park.

This may have happened before, but I can’t recall a similar incident. Racist catcalls and epithets are rarer at baseball games than they once were; they are far from gone. Baseball players have to endure a certain amount of abuse, true, but not this kind. Heaping racist insults on an athlete from the safety of the stands is cowardly as well as uncivil, and the First Amendment doesn’t extend to “fighting words” in a private venue.  Every manager, coach, usher and spectator should follow Madden’s lead.

The fan, by the way, denies Maddon’s account. Since baseball managers are not in the habit of ejecting fans for nothing, I find the denial less than credible.

To Wisconsin Unions, a Depressed Woman’s Suicide Is Just Another PR Weapon

/ Jack Marshall / 8 Comments

"Oh, no. Poor ..hey, wait a minute! We just might be able to use this!"

“The ends justify the means,” for better or worse, has always been the modus operandi of the American union movement. Back at the beginning of the 20th Century, this often translated into violence, as union leaders used bombs and murder to counter equally vile tactics—or worse—by their industry foes. Union violence is more common today in the threatening than in the actual execution, but the public unions battling Governor Scott Walker in Wisconsin have made it increasingly clear that ethics, fairness and truth are not going to stand in the way of their objectives, particularly the objective of winning the battle for public support.

A new low may have been reached with the effort to blame Walker for the suicide of Jeri-Lyn Betts, a 57-year-old teacher suffering from chronic depression, who apparently committed suicide last week.  Continue reading →

Ethics Quiz: Find The Tell-Tale Mistake!

/ Jack Marshall / 5 Comments

Unfortunately, James O'Keefe is no Nellie Bly

Kansas City Star reporter Mary Sanchez has posted an excellent column entitled “James O’Keefe and the Ethical Bankruptcy of ‘Gotcha’ Journalism.” Outside of an unfortunate final “Let’s see some genuine evidence that NPR’s coverage is biased” conclusion (you mean, other than its choice of stories, its lack of ideological balance, Nina Totenberg, its treatment of Juan Williams, and its institutionalized positions on issues like Palestine, gun control, abortion,  and illegal immigration?), she makes a strong case. But her piece is marred by a tell-tale gaffe that makes me doubt her own ethical orientation.

Your challenge in today’s Ethics Quiz: Find it! It occurs in this section: Continue reading →