Workplace

When Law And Ethics Converge: Goodbye To The Trump Administration’s Unconstitutional and Unethical “Conscience Clause”

/ Jack Marshall / 44 Comments

Today’s decision by U.S. District Judge Paul Engelmayer, voiding the Trump administration’s “conscience rule” that resuscitated the Bush Administration’s similar rule, is right on the law, and, more important for this blog, right on ethics. The Trump version, which was yet to go into effect,  allowed health-care providers to refuse to participate in abortions, sterilizations or other types of care they if they disagreed with them on religious or moral grounds.

It was an invitation to open-ended discrimination, and as objectionable in principle as allowing public accommodations to refuse to serve Jews, blacks or gays. This topic has been thoroughly explored on Ethics Alarms over the years, and I don’t have anything much new to say. In fact, perusing my various essays on the topic, my favorite is one that is so old, it was on the Ethics Alarms predecessor the Ethics Scoreboard (on which I am slowly making progress in my efforts to get it back online) and mentions Paris Hilton, working at Blockbuster, and an earlier incarnation of Colin Kaepernick in the NBA.

I wrote, in 2005, Continue reading →

Comment Of The Day: “Ethics Dunce And Revealed Jerk: Former Houston Astros Pitcher Gerrit Cole”

/ Jack Marshall / 9 Comments

For non-fans with the imagination to explore them, the Ethics Alarms baseball posts usually involve interesting ethics issues that are relevant to other fields. Perhaps no such post exemplifies this more than the recent essay reacting to a controversy after the 2019 World Series. The favored Houston Astros had lost in shocking fashion to the underdog Washington Nationals in a dramatic seventh game, and its ace pitcher, Gerrit Cole, apparently couldn’t wait to shed his Astros jersey and announce his free agency, which is widely expected to provide him with more than a third of a billion dollars. While the rest of his team was consoling each other and licking their wounds, Cole donned the cap of his super-agent’s company, and proclaimed that he was no longer on the team.

Ethics Alarms veteran commentator Glenn Logan was previously a distinguished sports blogger—though concentrating on college basketball, not baseball—and he authored the following Comment of the Day on the post, “Ethics Dunce And Revealed Jerk: Former Houston Astros Pitcher Gerrit Cole”:

I usually demure on baseball-related commentary because I don’t watch professional baseball much, but this one struck me as much more generally applicable than usual:

“Is it ever competent, responsible business to make an established jerk the top salaried employee in your organization? Isn’t that a version of The King’s Pass?”

I think that’s a great question.

So let’s look at this in a non-sports context. Would we be okay as an employer with paying top salary to a talented guy with a well-known public reputation for being a self-centered asshole who is anything but a team player? His results are indisputable, but his personality is abrasive, his maturation is completely arrested at fifteen, his learning curve is as steep as the Nevada Salt Flats, and every time he opens his mouth he embarrasses his employer.

I’m going to say yes. We hired just such a guy as President of the United States. So Americans are either incompetent, or, perhaps, the results are sometimes worth the price.

So that’s the question for whoever Cole’s next employer is. “Is this meat worth the pain?” If yes, then, well, break out the gold card, boys! Continue reading →

Ethics Hero: McDonald’s

/ Jack Marshall / 7 Comments

 

Neat, clean, unambiguous: Katie Hill take notice.

McDonald’s has either fired CEO Steve Easterbrook or forced him to resign (it’s unclear which)  after it was determined that he had a sexual relationship with an employee, and thus a subordinate.  The relationship was determined to be “consensual,” to the extent a non-workplace, intimate relationship with a superior who controls your livelihood and professional advancement can ever be regarded as truly consensual. The position of Ethics Alarms is that it can not be; this was once the official position of the National Organization for Women until the principle threatened the tenure of Bill Clinton in the White House, whereupon Gloria Steinem suddenly declared that such relationships were swell.

“Mickey D’s” Board of Directors found Easterbrook had “demonstrated poor judgement,” the company announced today, and had violated written company policy. Easterbrook, 52 years old, had seen the company’s shares nearly double  in value since he became chief executive in March 2015.  The board therefore definitively rejected the King’s Pass, sending an unequivocal message to other managers that treating the workplace as their personal dating bar wouldn’t be tolerated no matter how important they were or how effective they were at their jobs.

Good. Continue reading →

David Brooks’ Stockholm Syndrome

/ Jack Marshall / 21 Comments

We don’t blame you, David Brooks; it can happen to anyone.

David Brooks’ may be the smartest of the New York Times stable of columnists, and let that be a lesson to all of us. Intelligence, wisdom and erudition are not a sufficient bulwark against the often adverse influence of one’s culture, accurately described as similar to the relationship of water to a fish.  In this case, Brooks’ culture, his water, is defined by his almost unanimous Democrat, progressive, Trump-loathing colleagues, the corrupt and biased paper he works for, and its admitted partisan anti-President editor-in-chief, Dean Baquet.

Usually Brooks is careful about pandering to that culture or revealing how much his surroundings have marinated his brain and values; after all, his alleged role at the Times is House Conservative, a position that slowly but surely has devolved into “House Fake Conservative Who Enables The Times’ Progressive Agenda With An Occasional Sojourn Into Brooksian Pop Philosophy.  His column in today’s Times, however, pretty much blows that pretense away.

It is titled “Impeach Trump. Then Move On: Stop distracting from the core issue, elite negligence and national decline.” (Only David Brooks would use a phrase like “elite negligence” that has no obvious meaning.) The piece outs Brooks as thoroughly under the power of his captors in its first three paragraphs:

Is it possible that more than 20 Republican senators will vote to convict Donald Trump of articles of impeachment? When you hang around Washington you get the sense that it could happen.

The evidence against Trump is overwhelming. This Ukraine quid pro quo wasn’t just a single reckless phone call. It was a multiprong several-month campaign to use the levers of American power to destroy a political rival.

Republican legislators are being bludgeoned with this truth in testimony after testimony. They know in their hearts that Trump is guilty of impeachable offenses. It’s evident in the way they stare glumly at their desks during hearings; the way they flee reporters seeking comment; the way they slag the White House off the record. It’ll be hard for them to vote to acquit if they can’t even come up with a non-ludicrous rationale.

Such an opening is not designed to make open-minded readers read on. If this junk were not under Brooks’ byline, I’d probably stop reading, as I often do with similar screeds by his deranged and dishonest colleagues like Charles M. Blow, Thomas Friedman, Michelle Goldberg, David Leonhardt, and others, who have spent three years stoking the hate of the Times’ overwhelmingly Democratic readership.

Let’s examine some of Brooks shared delusions: Continue reading →

Ethics Dunce And Revealed Jerk: Former Houston Astros Pitcher Gerrit Cole

/ Jack Marshall / 13 Comments

Incredible.

I’ve never seen anything like it.

Gerrit Cole’s team, the Houston Astros, had just suffered a shocking defeat in the 2019 World Series at the hands of the underdog ( and significantly inferior) Washington Nationals. Cole had won the last Astros victory in Game 5 in impressive fashion, but his team returned home to Houston—where they had the best home record in baseball— to lose their third and fourth consecutive games in their  own stadium (they had never lost more than three straight all year) and  become the only team in World Series history to lose in seven games without winning a single home game.

The script for players on losing World Series teams is old and well-established. They say that they are proud of their team and team mates. They say that they wish the team could have won a championship for its fans, the best fans in the world. They say they are heartbroken, but that they salute the victors.  This isn’t hard.

But Gerrit Cole, after the final game of the 2019 World Series, appeared on TV wearing the cap of his agent’s company, and said, “I’m not an employee of the team.”  Continue reading →

“I’m Baaaack….” Ethics Catch-Up, 11/1/2019: And Answer, A Rebuke, And A Shock

/ Jack Marshall / 41 Comments

Rolled back into Alexandria last night, having had an uproarious response from the New Jersey Bar to the special Halloween edition of “Ethics Rock Extreme in Asbury Park seven hours earlier.  The group of lawyers demolished all previous groups for sing-along enthusiasm and prowess in the finale, “The Ethics Man,” a parody of Billy Joel’s “Piano Man.” (My colleague, collaborator and friend Mike Messer gets credit for their verve, I think, for he was in top form, delivering the various songs in hilarious impressions of Joel, Paul Simon, Bob Dylan, Johnny Cash, John Fogarty, and Bobby Pickett imitating Boris Karloff. among others.

I couldn’t get up the energy after the four-hour drive to get a post up last night, so the Ethics Alarms commentariat ended up holding down the metaphorical fort here for all of Halloween. I haven’t had a chance to read all of the comments, but thank-you, everyone. There were even some baseball ethics posts!

Still, there are a lot of ethics issues languishing in my absence. I’m fried, and there are also paying ethics jobs to do and promised to keep, so be patient with me, please.

1. An ethics answer to an ethics question. One Forum comment I did see was this one, from Sarah B.

I have an ethics question. The set up is a bit long, so please bear with me.

Imagine a small town where one out of every nine people works for the same company. Now, this company hires predominantly men, not because it is sexist, but because the work and positions available are more likely to be applied for by men. 9 out of every ten employees are male. In addition, it pays well enough that if a married man were to work in a salaried position, he could make enough money that his wife could stay home with the children if the couple displayed only a modicum of frugality. Thus, most stay-at-home mothers in the community have a husband who works for the same employer, usually in different stages of the chain of command.

Now, imagine that there was a low level supervisor and one of his subordinates. They are of similar ages and have similar values. Their wives are of similar ages and find each other to be enjoyable company. Their children are of similar ages and like to play together. Also, no one else in the supervisor’s area is of a similar age, value system, or time in their families. (No kids or college age kids)

Is it unethical for these two families to hang out socially? What if it is just the wives and kids, not the husbands? What about kids birthday parties, as the kids are friends?

I have heard both sides of this argument played out in my town, but often with both sides using some set of rationalizations from our host’s list. I’d like to hear a more educated opinion here.

Continue reading →

The Naked Congresswoman Principle Is Confirmed, Rep. Hill Resigns, And She Refuses To Accept Responsibility

/ Jack Marshall / 18 Comments

Of course she does.

Democratic Rep. Katie Hill of California has resigned. from the House of Representatives. Ethics Alarms examined Rep. Hill’s plight in the recent post, Just What We Needed: The Naked Congresswoman Principle. It concluded,

“The Naked Teacher Principle, Naked Congresswoman Variation, rules. The fact that these photos became public undermines trust in Hill’s judgement, competence, and trustworthiness, if not her physical fitness. It doesn’t matter how or why they got online. The person ultimately responsible is Hill. If you want to have a career based on respect and trust, don’t pose for naked pictures, sex photos, or pictures that make you look like you’re employed by an escort service. That shouldn’t be so hard.”

The lesson of the Naked Teacher Principle and most (though not all!) of its variations held true for Hill: once there are photos out there of a professional holding a position requiring dignity and trust behaving like or looking like a porn star, a drunken frat date, Kim Kardashian or a Sports illustrated swimsuit model, that professional’s ability to do her (or his) job has been seriously wounded, perhaps mortally. It would have been nice, and admirable, if Hill acknowledged this fact of life, the workplace and politics, but as you can see from her resignation letter below, she did not:

Ugh.

Hill appears to be taking no responsibility for her fate at all. This was a “rising star” in the Democratic Party firmament? Yechh.  Continue reading →

Sunday Ethics Warm-Up, 10/27/2019: The Grant Viktor Bowen Marshall Birthday Edition

/ Jack Marshall / 21 Comments

Samara Orphanage #2, where we found our son,

It’s a good day.

On this date in 1994, my son Grant was born in Russia. His mother, who was unmarried, did not abort him as many women in her position might have and do, but chose to give him up to be cared for the state, as she declared under oath that she could not. For six months, he lived in one of the packed and underfunded orphanages in Samara, near Moscow. Samara is among the most depressing places I have ever visited, only slightly edged out on my list  by Lorton Penitentiary in Northern Virginia, now shuttered, and Lagos, Nigeria.

Our adventure adopting Grant is too long and involved to record today, but I need to do that. Boris Yeltsin was closing down international adoptions, and we were in a group of four American couples racing to rescue some kids before the gates closed for an unknown period. Children were (and are) seldom adopted in Russia by Russians, and usually they end up warehoused until they reach 18, when they are released to the street. Samara was, it is fair to say, a true hell-hole, lacking drinkable water, businesses, and basic infrastructure. The nurses and administrators running the orphanages were kind, caring and dedicated, but they were also desperate. They tried every tactic imaginable to persuade Americans to adopt multiple children. I am still haunted by the faces of the kids that were introduced to us, and who we left behind. I don’t want to think about.

After a week of being shuttled and raced around the Russian bureaucracy, bribing officials with clocks and silverware, Grace and I made it to the U.S. Embassy with our new son and the necessary papers. The documents falsely stated that he was suffering from multiple maladies, the only way an infant could be adopted by foreign parents under the existing laws. In fact, he had been the healthiest baby in Orphanage #2, a trait he has continued into adulthood. He is almost never sick.

Just like Damien in “The Omen.”

We flew back to the U.S. on the “orphan plane,” a regular Moscow-to-New York flight routinely filled with U.S. parents and their adopted Russian children. The sound of crying infants and chattering toddlers was constant the whole flight. It was glorious.

I look at Grant today, a healthy, defiantly independent, iconoclastic young man with a life of opportunities and challenges before him , and reflect upon the kind of life he would be facing in Samara had a series of accidents and random events not brought our family together.

When Grant was 6, he asked me why he was born in Russia (the little sneak had surreptitiously broken into our documents box and read his adoption papers. I told him that sometimes a loving couple’s child would be born in the wrong place, and then his or her parents had to retrieve him. That was what happened with him, I explained. Grant liked that story so much he told all his friends.

The funny thing is, although I made it up at the time, I believe that with all my heart.

Happy Birthday, son.

[It’s also a good day because on this date in 2004, the Boston Red Sox ended 86 years of frustration and won their first World Series since 1918. Grant said at the time that finally he was certain that I would never forget his birthday.]

2. How’s that minimum wage increase working out for everyone? I was in a Taco Bell last night. The chain has added computer ordering, and there was one person behind the counter. Minimum wage increases cost jobs and makes automation cost-effective. It drives small businesses to ruin, and moves low-skilled Americans from work to public assistance. All of this has been well-understood and known for decades, yet the Democratic Party and all of the current Presidential candidates still pander to organized labor the economically-challenged by making minimum wage hikes a rich-vs-poor rallying cry. Given that the increases don’t affect the rich at all and hurt the poor, I judge the advocacy and disinformation awfully close to evil. If that’s too harsh, It is certainly unforgivably unethical. Continue reading →

Saturday Ethics Pitch, 10/26/2019: Calvin Coolidge Was Right, Baseball is Wrong, And Other Revelations

/ Jack Marshall / 8 Comments

Here it comes!

1. Oh-oh...I was worried about this. Early in the baseball post-season there were rumors flying that MLB had deadened its baseballs after a 2019 season that saw records shattered for homer frequency. I wrote (somewhere this month: I can’t find it) that if the sport really did mess with the balls at this point it would be a massive breach of ethics, changing the conditions of the game when the games mattered most.

So far, the conspiracy theorists have been bolstered by the statistics.

 Baseball researcher Rob Arthur revealed in a Baseball Prospectus report on October10 that after nearly 20 postseason games, home runs were occurring at at half the rate the 2019 season’s homer frequency would predict. Arthur allowed for the fact that better pitchers and hitters  made up  playoff teams, and still  concluded that the ball was not flying as far as it did during the regular season. “The probability that a random selection of games from the rest of the regular season would feature as much air resistance as we’ve seen so far in the postseason,” he wrote, “is about one in one thousand.” A follow-up report by Arthur again found significant variation in the flight of the ball this postseason.

This isn’t good.

2. It’s not even 2020, and the New York Times isn’t even pretending  to be objective. Two examples from today’s Times:

  • In a story about Tulsi Gabbard announcing that she would not run for re-election to the House, the Times spun for Hillary Clinton, writing, “Last Friday, Hillary Clinton suggested that Republicans were “grooming” her for “a third party run”, though Ms. Gabbard has denied any such plans.” What was notable about Clinton’s smear was that she said that Gabbard was “a favorite of the Russians. They have a bunch of sites and bots and other ways of supporting her so far.”  This is a variety of “fake news” that the Times excels at, telling only part of the story to manipulate public perception.
  • Headline (Print edition) : “Speaking at Black College, Trump Ridicules Obama For Effort on Racial Equity.”  Wow, what a racist! Attacking efforts at racial equity! In fact, the President criticized the paltry results of Obama’s efforts to advance racial equity. He in no way ridiculed Obama for making those efforts.  Again, the Times is now a master at playing to its anti-Trump readers confirmation bias.

Continue reading →

Just What We Needed: The Naked Congresswoman Principle

/ Jack Marshall / 5 Comments

Rep. Hill? Is that really you? AND WHAT THE HELL IS THAT GUY DOING?”

There have been many variations on the Naked Teacher Principle since I began tracking the issue, back in the halcyon days of the Ethics Scoreboard (still trapped in website host limbo). Some of the more interesting versions that have been explored on Ethics Alarms include The Female Bodybuilder Firefighter Principle, The Drag Queen Principal Principle, The Online Porn Star Teacher Principle, Naked Naval War College Professor Principle, and many others that one can explore here.

All involve the basic concept that when one has a job that requires respect, an image of dignity, the perception of good judgment and role model status, allowing naked, semi-naked, sexually provocative or otherwise compromising photos to be created, and they eventually find themselves online and available to those the individual thus exposed is responsible for leading, teaching, or guiding, the individual  cannot reasonably protest if this results in their losing their job. This is true even if the Naked Teacher or equivalent has been betrayed, victimized, or wronged. The Naked Teacher Principle involves strict liability. The lesson: if you intend to have a career requiring the public trust, don’t get photos made of yourself that you would not want to show to your mother or have appear on the front page of USA Today.

Now Democrats, feminists and progressives are defending Democratic Rep. Katie Hill  elected in 2018 as the first openly bisexual congresswoman from California. In connection with allegations that Hill had extramarital affairs with a female campaign staffer and a male congressional aide,  RedState, a conservative news website, and The Daily Mail, a British tabloid site,   published sexually explicit photos of Hill engaged in various versions of flagrante delicto. These are now viral. Some are porn mag-graphic; I’m not even going to discuss the bong she appears to be using in one of them. (And who was taking those photos?)

The House Committee on Ethics has begun an investigation, since it is against House rules for representatives to have sexual relationships with congressional staff.

Here is the Huffington Post  running interference for Hill, because God forbid a Democrat ever lose her House seat to an evil Republican: Continue reading →