Workplace

Ethics Quote Of The Week: Seattle Seahawks Defensive End Michael Bennett

/ Jack Marshall / 33 Comments

“Of course I think he’s been blackballed, obviously. Maybe the players agree that there’s a place for politics in sports, but I don’t think the teams, or the organization, or even the fans believe there’s a place for politics in sports. I think people want you to do your job and shut up — score a touchdown, dunk a basketball, hit a home run and call it a day. We’ll buy your jersey, and that’s it.”

—-Seattle Seahawks defensive end Michael Bennett, speaking about the current fate of ex-NFL quarterback Colin Kaepernick, who remains unsigned after spending much of last season refusing to stand for the National Anthem because the United States “oppresses black people and people of color.”  Bennett’s comments came during an event at the artsy social justice warrior hang-out Busboys and Poets in Washington, D.C.

It’s an admittedly perverse selection for the ethics quote designation, since Bennett meant the statement as criticism. He went on to say that he endorses professional athletes taking pubic stands on social issues to “inspire others” to engage in  mass action and demonstration. The 31-year-old defensive end, who makes about 10 million dollars a year, drew attention to himself in February when he opted out of an Israeli-government-sponsored trip to register his pro-Palestinian views, as if he actually knows enough the 80-year-old conflict to intelligently protest anything. This is about par for the course in the field of professional athlete off-the-field grandstanding.

Bennett was correct in his rueful description of the state of the culture, however. There is no place for politics in sport. Sport is entertainment, and fans follow sports to escape real world problems, not to be lectured on them by pseudo-educated celebrities with neither the training, skills or expertise to justify the giant megaphone celebrity affords them. Kaepernick’s stunt created a media circus around his struggling team, the San Francisco 49’ers, distracted its management fans and players, and cost the NFL viewers and advertising revenues. Since he was unable to articulate an intelligent rationale for his protest, it was also useless. Naturally, Kaepernick was cheered by the Left, and defended by many journalists as well as athletes who think their physical gifts should entitle them to social influence they don’t deserve. Continue reading →

Arrgh! They Made Me Defend Sean Spicer!

/ Jack Marshall / 17 Comments

Yes, he’s an idiot. Still...

The latest Sean Spicer controversy was so, so stupid that I swore—swore I tell you!—that I would not lower myself to write about it.

The Trump Administration spokesman, making the dumb assertion that Assad is even worse than Hitler because Hitler “didn’t even sink to using chemical weapons,” was absurdly—gleefully?— attacked as a Holocaust denier.ThnkProgress, which I am going to have to place on my “never trust these hacks” list, wrote that Spicer “argued that the Nazis never used chemical weapons during the Holocaust,” which is a lie, flat out. Spicer didn’t mention the Holocaust at all. Then The Anne Frank Center for Mutual Respect released a statement saying,

“On Passover no less, Sean Spicer has engaged in Holocaust denial, the most offensive form of fake news imaginable, by denying Hitler gassed millions of Jews to death.”

This is perhaps not quite a lie, since the combination of confirmation bias and paranoia could make this organization see Holocaust denial behind every rock, but it is no less ridiculous, inflammatory and unfair. Then some of my 2016 election-deranged friends—I now picture them wrapped in tin foil, wearing Groucho glasses and spreading DDT around as they sit cross-legged in a teepee with a flaming penguin on their heads—began citing the Anne Frank Center slander with approval, and garnishing likes from a lot of people who I usually like and who once had brains larger than marbles.

So now I have to defend Sean Spicer. Yecchh.

Observations:

1. Everyone is calling for Trump to fire Spicer. Of course he should fire Spicer. He should have fired Spicer  months ago. Sean Spicer is incompetent, bumbling, inarticulate and gaffe prone. He is even more incompetent, bumbling, inarticulate and gaffe prone than Robert Gibbs, who was the most incompetent, bumbling, inarticulate and gaffe prone press secretary I ever had the pain of watching. (Obama’s subsequent press secretaries were just liars.). Spicer is much worse than Gibbs, though he doesn’t say uh-uh-un-um-um-um as much. I wish he would: they would be an improvement over what he does say. Spicer looks stupid and sounds stupid, so he represents the President and his entire administration as stupid WHICH THEY MIGHT BE, but his job is to place both in the best light possible. He does the opposite. This Hitler botch was just the most recent example.

2. Trump promised to appoint and hire “the best people,” so having one of the worst people imaginable representing his Presidency to the news media and the public leaves “incompetent” in the dust as “suicidal” takes over. This is especially true since the President knows that the news media is actively hostile to his leadership and is actively allied with the Democrats to bring him down and cancel out that damned election by any means possible. Trump’s situation screams out for a spokesman with the credibility, suave and wit of the late Tony Snow or the fierce intellect and articulateness of the very much alive Laura Ingraham. The fact that Trump can’t see that, and that his advisors haven’t threatened to walk out and join an anti-Trump rally if he refused to fire this clod and send him back to the Budget car rental desk or wherever he came from is really ominous. If “best people” means people like Spicer…well, I don’t like to think about it. And if the “You’re fired!” executive won’t fire someone who performs as horribly as him, who will he fire?

3. The Hitler statement was, no question, idiotic. At best, it was the most egregiously warped use of Rationalization # 32. The Unethical Role Model imaginable: Spicer was really saying, “why couldn’t Assad be more like Hitler?”! At worst, it  was like walking into the buzz-saw of the Trump-hate narrative that the President and his team are virtual Nazis and secret anti-Semites. It was so dumb that the fact that Spicer didn’t physically try to stuff the words back into his mouth as they started coming out is signature significance that the man belongs in a home. Continue reading →

Comment Of The Day (1): “Thank The U.S. Women’s Soccer Team For Illuminating The Muddled Ethics Of Wage Gap Arguments In Women’s Professional Sports”

/ Jack Marshall / 31 Comments

I’m not sure this photo fits exactly, but I’ve been dying to use it for years, so what the heck…

Are women inherently worth as a much as their male counterparts in similar or the same jobs?

Here is reader slickwilly’s Comment of the Day on yesterday’s post, “Thank The U.S. Women’s Soccer Team For Illuminating The Muddled Ethics Of Wage Gap Arguments In Women’s Professional Sports”:

This is rich… equal pay for an equal job… when the job (and skills) are equal.

Years (decades) ago, I was a trainee engineer for a large company. Part of the job was installation of large racks of equipment involving a fully stocked tool box, weighing between 35 and 50 pounds.

Many of the buildings we installed in did not have elevators, so you carried tools and supplies up flights of stairs.

Another trainee was a slip of a girl, likely 125 lbs soaking wet. She was good once on site, but could not carry her own toolbox up a single flight of stairs, or help when major upper body strength was needed to move equipment into position. Yet she got the same pay and incentives the guys did, for less work (she sat around while the guys lugged stuff up the stairs.) There was no offsetting brilliance that compensated for her lack: just plain competent work when she could perform it. Don’t think the guys did not grumble about doing her work in addition to theirs!

To add insult to injury, she was promoted out of the field first because a)she was black; b) she was a she; and c) the work supervisors wanted a stronger person working the jobs (they did not get extra time to do the job when she was on the crew, either) and could not fire her because of the optics of a) and b). This was a corrupt form of the Peter principle, and my first exposure to such.

Another take: in the Army, each person in a platoon must carry his weight and be able to carry a wounded teammate to safety… unless that person was female. Females could not carry their own equipment, depending on their role, and most likely could not carry a man out of battle. And the standards by which they are judges are not the same. You must be able to pass a fitness test of a certain number of push ups, sit ups, and be able to run two miles under a certain time. This scale slides down by age (an 18 year old must do more than a 35 year old to pass, and rightly so) but the scale is significantly reduced for a female soldier. So a female might be able to do 12 push ups, but get a higher test score for those than an 18 year old who could do 40 push ups)

Continue reading →

Thank The U.S. Women’s Soccer Team For Illuminating The Muddled Ethics Of Wage Gap Arguments In Women’s Professional Sports

/ Jack Marshall / 18 Comments

News item (April 5, 2017):

The U.S. women’s soccer players’ union and the sport’s governing body have agreed to a five-year collective bargaining agreement, improving standards for the national team and pro league and ensuring labor harmony through the next World Cup and Olympics.

In a joint statement, the U.S. Women’s National Team Players Association and U.S. Soccer Federation said they have “ratified a new collective bargaining agreement which will continue to build the women’s program in the U.S., grow the game of soccer worldwide and improve the professional lives of players on and off the field. We are proud of the hard work and commitment to thoughtful dialogue reflected through this process, and look forward to strengthening our partnership moving forward.”

The sides had been operating under the terms of the previous deal, which expired Dec. 31. In recent years, the players have raised issues about compensation and working conditions compared to their male counterparts, casting a shadow over the efforts of the most successful women’s team in soccer history and pitting the federation against wildly popular athletes, such as Carli Lloyd and Alex Morgan.

In March 2016, the players  filed a federal complaint with the Equal Employment Opportunity Commission, charging the USSF with wage discrimination. The case remains active.

Now this, from a day before:

In preparation for two upcoming friendlies against Russia, the U.S. women’s national team played the FC Dallas U-15 boys academy team on Sunday and fell 5-2, according to FC Dallas’ official website. This friendly came as the U.S. looked to tune up before taking on Russia on Thursday night in a friendly.

Ethics musings:

1.  CBS immediately provides cover, writing,

“Of course, this match against the academy team was very informal and should not be a major cause for alarm. The U.S. surely wasn’t going all out, with the main goal being to get some minutes on the pitch, build chemistry when it comes to moving the ball around, improve defensive shape and get ready for Russia.”

No, there’s no cause for alarm, because maybe the Russian women’s team would lose to amateur teenage boys too. But the women have loudly and indignantly insisted that they should be compensated at the same rate as the men’s soccer team. On what basis? If it is that the women’s team makes as much money as the men’s team (it doesn’t), OK, that’s a valid point. If it is that their skill, performance and level of play require equal pay, I think it is clear that facts and reality are not on their side. Continue reading →

No, Bill O’Reilly Shouldn’t Be Fired For Making Fun Of Rep. Maxine Waters’ Hair

/ Jack Marshall / 117 Comments

Bill O’Reilly should have been fired before he made fun of Maxine Waters’ hair. Now would be the worst time imaginable to fire the blow-hard, untrustworthy Fox News pundit, because it would allow partisans to silence an opinion-maker whose opinions they hate by employing shameless and unjustified race-baiting. That tactic, employed repeatedly and futilely against Rush Limbaugh and other high profile conservatives, is unethical, and must not be validated by success.

In case you don’t follow O’Reilly, 1) I salute your taste and time management, and 2) here’s what caused the controversy:

O’Reilly was stopping by the set of “Fox and Friends,” and along with the gang on the couch watched some of Democratic Congresswoman Maxine Waters’ speech attacking President Trump. After the clip, O’Reilly said, “I didn’t hear a word she said. I was looking at the James Brown wig.”

Being in the Land of the Dimwits, O’Reilly sparked an idiotic defense from co-host Ainsley Earhardt, who said, fatuously, “You can’t go after a woman. Plus, I think she’s very attractive.”

Why in the world can’t you “go after a woman” when the woman is an elected official who says ridiculous things as routinely as clockwork? Earhardt’s statement was sexist on its face, and as O’Reilly quickly found out, it wasn’t sexism that he was going to be accused of with his mean James Brown wig comment. By the way…

…he had a point.

It’s a nasty, ad hominem, unprofessional point, however, that lowers political discourse into the gutter. O’Reilly has been doing this in various ways from the beginning of his career, when he wasn’t misrepresenting his credentials, his conduct, or other matters. This, however, was a relatively minor example.

Never mind though: Waters is black, so by the infinitely adjustable weaponizing definition of racism used by progressives, black activists and Democrats for the previous eight years, to criticize her at all is to be a racist. This was a sub-version; criticizing a black woman’s hair is racist. OK, comparing a black woman’s wig to an iconic black soul singer’s wig is racist. Or something: just cry racism, and the hope is that it will tar O’Reilly so badly that he will become unemployable, and no progressive will ever have their blood pressure raised by him again.

All over social media, progressives of note and non-note called for Bill’s head because his comment was “racist.” This really takes chutzpah, since mocking Donald Trump’s hair and skin-color virtually became a national pastime in Leftist Land during the 2016 campaign, and is still. What’s the standard being advocated here? Calling a white President”s comeover anything from a dead animal to decomposing vegetables is perfectly acceptable political discourse, but comparing a black House member’s wig to the hair of a dead rock icon is too horrible to tolerate? The Washington Post published a feature called “The 100 Greatest Descriptions of Donald Trump;s Hair” last June. It included such entries as

  • A mullet that died in some horrific accident
  • Combed like he’s televangelist Benny Hinn.
  • Like Biff, from “Back to the Future”
  • Like Lucille Ball
  • Like a troll doll

And most worthy of discussion,  this: Continue reading →

From The Ethics Alarms “Res Ipsa Loquitur” Files: Now THAT’S An Unethical TSA Patdown

/ Jack Marshall / 119 Comments

Fire that guy. Just fire him. Or suspend him without pay for a good long time.

No, on second thought, fire him.

There is no excuse for this, just reasons. The main reason is that the TSA agent is being an asshole, if not a pervert. I am patted down a lot—as an adult, wearing a suit. This is a kid in a T-shirt and shorts. What is he supposed to be hiding? No child should be subjected to this indignity, and no parent should have to stand by and endure it.

The mother who took the video  complained that her family was”treated like dogs” and forced to miss a flight during an extensive security check, according to her Facebook post:

We have been through hell this morning. They detained Aaron for well over an hour at DFW. (And deliberately kept us from our flight… we are now on an alternate) We were treated like dogs because I requested they attempt to screen him in other ways per TSA rules. He has SPD and I didn’t want my child given a pat down like this. Let me make something else crystal clear. He set off NO alarms. He physically did not alarm at all during screening, he passed through the detector just fine. He is still several hours later saying “I don’t know what I did. What did I do?” I am livid. Please, share… make this viral like the other children’s videos with TSA… I wish I had taped the entire interchange because it was horrifying. We had two DFW police officers that were called and flanking him on each side. Somehow these power tripping TSA agents who are traumatizing children and doing whatever they feel like without any cause, need to be reined in.

Continue reading →

Idiot Ethics: A Brief Note

/ Jack Marshall / 16 Comments

I used the term “idiot” three times in the recent post about Alex Jones. Periodically I get reprimands from commenters who chide Ethics Alarms for engaging in “ad hominem” attacks when it refers to a public figure as “an idiot.” IMy response is always the same: diagnosing someone as an idiot who behaves idiotically is not an “ad hominem attack.” Ad hominem means that one attacks a legitimate argument by attacking the arguer instead: “That must be wrong, because he’s an idiot!”  In the case of Jones, my point was very different: believing that John Podesta, in the middle of a Presidential campaign, would be running a sex ring out of a pizza place is per se idiotic, and it requires an idiot, like Alex Jones, to take such a story seriously. I’ll stand by that assessment.

Still you don’t read many pundits, and certainly no ethicists, who use that term, or related ones like dolt, dummy, moron and cretin. Is it unprofessional? It certainly isn’t common practice for professionals, though there are exceptions: the late Justice Scalia was not above calling out idiocy by name. I will even use the term occasionally in my ethics seminars, for example, to describe the lawyer who produced a hand grenade during his closing argument, and pulled the pin. Is this unfair? I don’t think so. Nor is it unfair to call the lawyer an idiot who recently had his pants burst into flame mid-argument to bolster his defense that his client didn’t deliberately set his car won fire, but that it spontaneously combusted.

Non-idiots don’t do things like that. If he doesn’t know he’s an idiot, someone needs to tell him.

Calling someone an idiot is an insult, obviously, and is a breach of civility. Civility, however, does not and should not interfere with the truth. Choosing to properly designate a prominent idiot as one is a public service, and to the more self-aware idiots, a kindness as well. Great damage can be prevented by making it absolutely unambiguously clear that someone is an idiot, as in “not smart, responsible, wise or educated enough to be trusted in his opinions or competence.”

Once upon a time, it was very rare for true idiots to rise to prominence and influence in the United States.  It was just too hard, and nobody was that lucky. This provided a great advantage over cultures where power and influence were conferred by birth.  Idiot kings and emperors were never in short supply. John Adams made the point that in America, the aristocracy, whose role in other nations was to stand as role models and typify the best of society, was uniquely created by ability, achievement, talent and intelligence. (John, a lawyer, naturally thought that lawyers fit the bill.) The bold concept behind American democracy was 1) that public education and civic duty would compel the citizenry to accept the responsibility of being capable of self-government, and that the “wisdom of crowds” would do the rest. Idiots literally could not rise to high office. They so obviously contrasted with the typical public servants that their careers fizzled out before the White House was within view. Stupid journalists, scholars, professionals and authors were also rare; indeed, it was once hard to find an idiot with a high school diploma, much less with an advanced degree. Continue reading →

Silence U Part 2: Indoctrination At Yale, and Beyond

/ Jack Marshall / 23 Comments

A new, intensely short documentary about the cultural rot underway at Yale (but not only at Yale) is worth viewing, if you have a firm grip on your skull. Yale, is, of course, the source of many U.S. leaders and opinion-makers, including Supreme Court justices and recent Presidents. As one can see from the video, it is either indoctrinating the young minds in its charge in oppressive, anti-speech and liberty ideology, or, to give a large benefit of the doubt, failing to disabuse students of toxic and anti-democratic ideas that the educational system has also seeded.

Needless to say, but I’ll say it anyway, Yale is an elite institution, a role model for others, and supposed to represent the best of higher education. Its students will take their place among the intellectual and economic elite. Nobody who has been paying attention to the logical and legal contortions being used by the supporters of “the resistance” should be surprised that our most promising students are being trained to reason like this. The question is: does it make sense for a nation to actively support an educational system that appears to have become dedicated to undermining the basic values its founding was based upon?

The former-Provost of Stanford University, John Etchemendy, recently gave a speech he called “The Threat From Within” in which he said in part.

Over the years, I have watched a growing intolerance at universities in this country – not intolerance along racial or ethnic or gender lines – there, we have made laudable progress. Rather, a kind of intellectual intolerance, a political one-sidedness, that is the antithesis of what universities should stand for. . . . We need to encourage real diversity of thought in the professoriate, and that will be even harder to achieve. It is hard for anyone to acknowledge high-quality work when that work is at odds, perhaps opposed, to one’s own deeply held beliefs. But we all need worthy opponents to challenge us in our search for truth. It is absolutely essential to the quality of our enterprise.

The problem bites when a particular ideological sect gains power, and meticulously and systematically sets out to make diversity of thought inaccessible. Professors and scholars inhospitable to progressive cant are becoming extinct on college campuses, by design, just as they are an endangered species in newsrooms and Hollywood. Over at the increasingly had-left legal website “Above the Law”—you know, the one that kept erasing my e-mail alert requests every time Ethics Alarms criticized the site; the one that employs Ellie Mystal, a black lawyer who has advocated that black jurors refuse to convict black defendants—writer Joe Patrice  mocked the concept of advocacy for “viewpoint diversity” as argued in this letter from a group of law professors: Continue reading →

Ethics Dunce: The Maryland State Bar Association

/ Jack Marshall / 9 Comments

Do you know what legal ethics opinions are? Many lawyers don’t know, or barely pay attention to them, but the opinions are important. They are written when bar associations have to decide how to handle the gray areas of professional ethics, and believe me, there are more gray areas in legal ethics than the profession likes to admit. Some jurisdictions churn out lots of important and useful legal ethics opinions all year long; others barely bother with them. (Idaho simply stopped issuing such opinions decades ago.) Still, the LEOs, as they are called, are essential when one of the many legal ethics issues crop up that a jurisdiction’s rules themselves don’t cover.

Although bar associations do a terrible job making their legal ethics opinions’ availability known to the general public, LEOs have invaluable information to convey about how lawyers are ethically obligated to serve their clients. They are also essential if people like me are going to be able to remind Maryland’s lawyers about their ethical duties as part of continuing legal education seminars and expert opinions.

So why is it that Maryland, alone among the 51 U.S. jurisdictions, refuses to allow the public access to their legal ethics opinions? All right, neither does Arkansas, but nobody can read in ArkansasKIDDING!!! I’M KIDDING!

In order to find out what the Bar Association has decided regarding specific legal ethics conundrums, or whether the state has any position at all, one has to be a dues-paying member of the Maryland Bar. Never mind that Maryland lawyers, who, like most lawyers, often are subject to the ethics rules of other jurisdictions, can access neighboring bar association LEO’s with a couple of clicks on their computers. Never mind fairness or reciprocity.

Here’s how the question “Why do we hide our ethics opinions?” was answered by one Maryland lawyer online:

“Ethics opinions are MSBA work product: a benefit to members who pay their dues…An ethics opinion is a legal opinion about what it or is not permissible under the rules. If you want legal advice, pay for it. The “rules”, by the way, are published and are available to the public. As are the elements of negligence. Do you tell your clients for free how to prove their negligence cases?”

How’s that for a venal, snotty answer? In fact, there are no “hidden” laws or principles related to negligence, nor are the standards for what constitutes negligence and how it is proven in court only available for a fee. The legal ethics opinions, on the other hand, may be crucial to allowing non-lawyers  know when they are being victimized by unethical members of the Maryland bar. How convenient that the Bar hides these from the view of the group of citizens that have the most urgent need to know about them.

Continue reading →

Pop Quiz: What Does U.S.A. Gymnastics Have In Common With The Roman Catholic Church?

/ Jack Marshall / 39 Comments

Both are large, powerful organizations that facilitated the sexual abuse of children in order to protect their money and reputation.

Yes, you can add Penn state to that list too.

I’m really sick today, and it’s hard writing, thinking and especially typing, but maybe I don’t have to explicate this so much.  Larry Nassar, the national team doctor for USA Gymnastics, is accused of abusing dozens of female gymnasts. More than 80 victims have come forward to claim that he sexually assaulted them. Dr. Nassar was accused of 22 counts of first-degree criminal sexual conduct last month in Michigan. The scandal has also claimed Steve Penny (above), president of U.S.A. Gymnastics, who recently resigned after 12 years in the post.

A sport that has its priorities straight does not hire someone like Penny to lead it. He had been the director of media and public relations for U.S.A. Cycling in the early 1990s,promoting the sport and its superstar, Lance Armstrong. When he took the job at U.S.A. Gymnastics, one of his responsibilities there was to evaluate sexual assault accusations and determine if they warranted being reported to the police. Notes Juliet Macur in the New York Times,

“This is how the world of Olympic sports in the United States has operated for years: No one thought it strange that a sports marketer was in the role of sex crimes investigator.”

Is it any surprise that the culture of women’s gymnastics was poisoned with sexual predators? We had been told by Nadia Comenici that she had been abused, and the sport’s optics were, to use a technical term, oogie. All those tiny women-girls, their growth and maturation retarded by dieting and excessively rigorous training, being hugged repeatedly by bear-like coaches: I stopped finding the sport anything but disturbing years ago. (My feminist friends, who worshiped the little sprites—the ice-skaters too–told me I had a dirty mind.) Here is  a section of a recent column by former gymnastic champion Jessica Howard:

By the time I reached the World Championships in 1999, my hips hurt so badly that at times I could barely walk. That was the environment I trained in that I believe created an opening for Larry Nassar, the national team doctor for USA Gymnastics, to sexually abuse me…the first time I met “Larry” I immediately trusted him. He was the premier USA Gymnastics doctor with an international reputation, and I felt lucky to have been invited to the ranch to work with him.

For our first appointment, he asked me to wear loose shorts and no underwear. That seemed strange, but I obeyed. As in training, I wanted to be perfect. He began to massage my legs, and then quickly moved inwards on my thighs. He then massaged his way into me. I was rigid and uncomfortable, but I didn’t realize what was happening. I was confused, and thought that it must just be what had to happen. This scenario happened repeatedly over the course of my week at the ranch. At no time was there ever another adult in the room. Coming off of a difficult year of training, Dr. Nassar reached out as the good guy, supporting me emotionally and promising me relief from the pain. Now I know that in actuality he expertly abused me under the guise of “treatment.”

I trusted USA Gymnastics. But I was sexually abused, as were other elite athletes, including Jamie Dantzscher, a 2000 Olympian, and Jeannette Antolin, who was a U.S. national team member. And the abuse was not limited to Dr. Nassar. According to more than 5,600 pages of USA Gymnastics records released to the IndyStar on March 3 after a lengthy court battle, some of the 54 coaches with sexual abuse complaint files spanning 10 years weren’t banned from gymnastics until years after USA Gymnastics discovered they were convicted of crimes against children.

Other accounts tell how this was ingrained in the system: Continue reading →