Workplace

Comment Of The Day #1: “Considering the Retrograde Mississippi Freedom of Conscience from Government Discrimination Act, This Shouldn’t Be Surprising At All…”

/ Jack Marshall / 19 Comments

same sex-cake-cutting-

Frequent and thoughtful commenter Inquiring Mind is regularly roiled by efforts to punish members of society and the business community who carry their objection to same sex marriage outside of the home and the church into the workplace and the marketplace. Here is his Comment of the Day, posted a day late, on the post about the Mississippi law the allows certain forms of discrimination against LGBT citizens, Considering the Retrograde Mississippi Freedom of Conscience from Government Discrimination Act, This Shouldn’t Be Surprising At All…

(I’ll be back for some comments at the end.)

The “free exercise of religion” is also a right. So are freedom of association and freedom of speech, ones expressly spelled out in the plain text of the Constitution. Those who seek to enact the “legal mandates” (or in other words, enacting their legislative agenda) are, in my opinion, trampling on those rights – rights that predate from the rulings where Anthony Kennedy invented a right to same-sex marriage.

The arguments against abortion since Roe v. Wade have included moral arguments (notably from the Catholic Church). A sense of morality is often used to determine what legal mandates should be. The only question here is WHOSE morality gets enacted into legal mandates – the Religious Right’s morality or the “progressive” left’s morality.

Three years ago, you posted a comment of mine as Comment of the Day.  I will refer back to it:

Continue reading →

As Usual When Gender Discrimination In Wages Is The Issue, There Is More To The Women’s Soccer Lawsuit Than The Media Wants You To Know

/ Jack Marshall / 13 Comments

women's soccer

The gender wage discrimination issue makes my head start to hurt every time it is raised, which, I admit, has made me grateful that Hillary and Bernie have been concentrating on the other progressive issues they fill with half-truths and deceit. Some of those are the wealth gap, mass incarceration, the evil of big banks, discrimination against Muslims, trigger-happy police, campus sexual assault, climate change, gun violence  and the minimum wage. As with these pet progressive agenda items, it isn’t that there aren’t real problems there that require effective policy initiatives, but that advocates are so infuriatingly dishonest when debating them—exaggerating statistics, demonizing opponents, and persisting in using false facts, studies and myths long after they have been definitively disproved.

If the new media was competent and even-handed, challenging the false assertions as they should, this would not be such an impediment to rational debate. The news media is seldom objective, however. On all of these issues and more, it plays the role of advocate and partisan ally with depressing regularity. An activist on the keft has to make a truly outrageous statement to even be challenged, as when Black Lives Matter organizer Aaron Goggans suggested on CNN yesterday that black on black crime is a “myth.”

There is gender discrimination in wages; I have seen it up close, in my family and in companies and organizations I have worked for. I have personally taken action to address it. The issue is complicated, however, and not close to the absurd “77 cents on the dollar” figure that has been employed, unchanged and virtually unchallenged, for decades, nor is it fairly represented by studies that show how men in the same careers make more over their working lives than women.

Never mind; the news media allows the issue to be debated in an atmosphere dominated by misrepresentations. My reflex approach is that  until advocates for a position are willing to stop lying, spinning, and demonizing, I will pointedly avoid supporting them. Call it the Clean Hands Doctrine. Gun control is one example. Climate change is another.

When  five players on the U.S. Women’s Soccer team filed a federal complaint last week accusing U.S. Soccer of wage discrimination because, they said, they earned as little as 40% of what players on the United States men’s national team earned despite reaching the team’s third World Cup championship last year, I read and heard nothing but cheers from women’s advocates, Democrats, pundits and Facebook posters I also read nothing but sexist snorting from the conservative side. (“Wanna know how to get paid the same as men for playing soccer? Try out for the men’s team! HAR!” ). The truth, as usual, is somewhere in the middle, but you wouldn’t know that from reading most accounts or watching the news channels. Continue reading →

Law vs. Ethics: The Infuriating Big Branch Mine Disaster Sentence

/ Jack Marshall / 43 Comments

UBBMemorial

We really have to change sentencing guidelines so that white-collar criminals get the sentences they deserve.

Twenty nine men were killed in West Virginia’s Upper Big Branch coal mine explosion six years ago, and former Massey Energy CEO Don Blankenship, who was  found guilty of conspiring to avoid safety regulations that could have prevented those deaths, received only a one-year prison sentence and a fine.

A federal jury convicted Blankenship last year of a misdemeanor conspiracy to violate mine safety standards at Upper Big Branch. The jury acquitted him of felonies that could have put him in jail for 30 years. The judge handed down the stiffest sentence allowed for his misdemeanor conviction, but U.S. Labor Secretary Thomas Perez, prosecutors and the family members said later that the punishment was far too lenient for the nature of the crime.

Indeed it was. Corporations play the odds in a risk-reward game. If violating rules, regulations and laws can save or make millions and the eventual penalty when and if the company is prosecuted is only a fine, many companies and executives think it’s a risk worth taking. . If the risk also includes significant prison sentences for decision-makers, the risk-reward ratio changes significantly.

Blankenship was CEO of a company that intentionally risked the lives of its employees, and 29 men died. One year in jail looks like a rap on the wrist. Forget about the “Affluenza” kid: this sentence is far more disturbing.

“This man has no remorse at all!” a family member of one of the victims said. “He never approached none of us [after the mine disaster], he never told us he was sorry for what happened, and he knows he could have done the right thing.”

“I miss my family. (Blankenship) hugged his,”  he continued. “And all he gets is a year. The judge has done great; she gave him what she can give him. But there need to be stricter, more harsh penalties for people like that who put greed and money over human life.”

Yes.

Three Strong Links: NCAA Cheating, Minimum Wage Delusions, Journalism Standards and Teammate Betrayal

/ Jack Marshall / 8 Comments

three-links

Here are three essays on current ethics issues, all worth reading and pondering.

1. At Slate, the topic is what constitutes legitimate news, and consequentialism: if a news source publishing non-news creates a real news event because of that publication, does this justify the original publication?

No, of course not. The incident in question involves a gossip site that posted a video shoing Los Angeles Laker Nick Young admitting to cheating on his fiancée, pop star Iggy Azalea. The video was surreptitiously recorded by Young’s teammate, D’Angelo Russell, and now the Lakers are shunning Russell, causing a problem for the team on and off the court. Now is the video newsworthy. Yes, but yecchhh.

The story is here.

2. Commentary discusses the strange trend of liberal legislators pushing extreme minimum wage increases on their cities and states despite risks of serious job losses. California is the latest example. Here is the head exploding quote:

“Why shouldn’t we in fact accept job loss?” asks New School economics and urban policy professor David Howell, who’s about to publish a white paper on the subject. “What’s so bad about getting rid of crappy jobs, forcing employers to upgrade, and having a serious program to compensate anyone who is in the slightest way harmed by that?”

Kaboom. Continue reading →

Unethical Tweet Of The Month: Hillary Clinton

/ Jack Marshall / 7 Comments

hedge funds

Among her almost infinite flaws, Hillary Clinton is stunningly lacking in self awareness, and her statements often—astoundingly often—point to her own misconduct and ethical bankruptcy without her comprehending the self-indictment. She has tweeted, more than once, this sentiment, for example:

“To every survivor of sexual assault…You have the right to be heard. You have the right to be believed. We’re with you.”

…though Hillary was emphatically not “with” the women who credibly accused her husband of sexual assault, and still do. She will make statements to one group that are the exact opposite of what she recently said to another group, without batting an eye. Hillary actually committed the meta-lie of saying she never has lied, which is manifestly unbelievable. Then there was this Titanic-style gaffe…

“There should be no bank too big to fail and no individual too big to jail.”

…coming from someone who is, many legal experts believe, not already under indictment purely because she is “too big to jail.” (and then there is hubby Bill, who engaged in flat-out illegal election conduct in Massachusetts that you or I would have been arrested for, and didn’t even get a rap on the wrists.) Neither Clinton has any integrity at all, or shame either. It’s really quite stunning.

Last week, Hillary tweeted this howler:

Hillary Tweet 1

This is an example of a politician intentionally playing to class divisions, ignorance and bias, and worse, encouraging them. It is exactly like saying that it is “unacceptable” that Jimmy Fallon, who only hosts a silly late night show, makes more money than any cancer surgeon, special needs teacher or EMT alive. In some ways it is worse, because most people understand what those jobs are, and may  sort of comprehend the economic principles at work: if Jimmy Fallon drops dead, there is no replacement who will bring to the job exactly what Jimmy Fallon did. He is a unique commodity, and EMT’s are not. The statement is just an emotional attack on the fact that people value laughing over things that are objectively more practical, and entertainment salaries reflect that. Continue reading →

Unethical Quote Of The Month: Above the Law’s Joe Patrice

/ Jack Marshall / 9 Comments

[C]onsensual relationships with adults don’t seem like a big deal. Sure, the conflict of interest of sleeping with someone in your class is deserving of discipline, but, really, in a state where you can marry your sister, is it a fireable offense to hookup with a twenty-something attorney-to-be? Obviously, if there were more serious allegations that would be another matter, but so far we’ve only learned of this more benign brand of misconduct.

—-Above the Law writer Joe Patrice, commenting, incompetently, on the firing of Virginia University College of Law Professor Arthur Rizer, for having sexual relations with multiple students.

Professor Rizer, the Sam Malone of West Virginia University College of Law...

Professor Rizer, the Sam Malone of West Virginia University College of Law…

This commentary, from a regular writer for a website that covers law schools, is so ethically obtuse and legally ignorant that he should be fired. “Not a big deal”? Sexual harassment at law firms is a very big deal as well as a very big problem, and a law professor who flagrantly violates an anti-harassment policy like the prohibition against professors treating the student body as their own personal dating bar is teaching that seeking sex with subordinates is culturally acceptable in the legal profession. It isn’t. It never has been.

The professor’s conflict of interest is the least of his self-created problems. First, there is no valid consent in such cases. The professor has real and perceived control over students’ academic success and legal career viability. This is classic inequality of power that gives a professor implied leverage over a student’s “consent” to sexual relations. Moreover, the knowledge that a professor is having sex with students constitutes third-party sexual harassment. Do other students assume that they are expected to have sex with the professor if he requests it? Is the professor looking at female students as mere sex objects? Are students that provide sexual access more likely to get high grades? What happens to students who say “no”? This creates a hostile environment for study and education. Continue reading →

Ethics Lessons And Ethics Dunces: The Two Young Men Who Knocked On My Door

/ Jack Marshall / 38 Comments

missionaries-men-mormon2I was exhausted yesterday after five hours teaching lawyers and accountants about ethics when there was a knock at my door. I could see through the window that the visitors were two young men wearing nametags, holding clipboards, forms and brochures, and I was in no mood for a sales pitch or to being asked to help some Mormons travel to Tangiers. I opened the door prepared to give them the bum’s rush.

They were good, though. Their pitch involved a free estimate and a discount for replacing our home’s casement windows. It was a local business using recent college grads, they explained. I explained in return, curtly, that I wasn’t interested, but they persisted, being personable and low key all the while. I decided that I admired their persistence and interpersonal skills—it helped that my dog liked them–and ultimately I agreed to let them give me an estimate on roof repairs, as our roof had sprung some small leaks and we might even need a new one.

They called their office as I listened and scheduled a free assessment and estimate for today at 10 AM. I gave them my phone numbers. I took their cards. Though I was exhausted and had planned on giving them less than five minutes of my time, I ended up talking to the two for twenty minutes. I felt good about it too: they were just starting out in the workplace jungle, and had done an excellent job. They were personable, professional, and determined, spoke well and had a pleasant demeanor. One was black, the other Hispanic. I thought they had earned some positive reinforcement.

Well, it’s 11: 22 AM the next day, and they haven’t shown up, and haven’t called. When they do, I’m going to tell them that they blew it: I’m not trusting a company that can’t keep its first appointment. I don’t know why they missed their promised time, and I don’t care. The key factor is that they missed it. Continue reading →

Adam LaRoche Drama Epilogue: A Reflection On Life, Kids, Baseball And Ethics

/ Jack Marshall / 4 Comments

drake-adam-laroche-

Well, I don’t recall anyone leaving baseball like this before.

When last we visited Adam LaRoche a couple of days ago, he was retiring from baseball (and abandoning his 13 million dollar 2016 contract  to play for the Chicago White Sox) because team executive Kenny Williams asked that he not have his 14-year-old son Drake living and traveling with the team, as well as being being perpetually in the clubhouse, as he was all last year. Today LaRoche released a remarkable statement explaining his decision.

It is well worth reading. I’ll have some comments at the end about the bolded sections, marked by me with letters. Now, here’s Adam:
Continue reading →

More Casting Ethics: The Stunt Performer Dilemma

/ Jack Marshall / 12 Comments
Penelope Cruz and her stunt double. Works for me!

Penelope Cruz and her stunt double. Works for me!

To recap: This month, we have already debated a wide range of casting ethics controversies…

The position of Ethics Alarms is identical in all three controversies. The only consideration in casting a role should be the director’s artistic assessment of who will do the best job meeting the artistic and commercial demands of that role, under the constraints of the project, which can include budget, locale and workplace conditions. Ethnicity, race and off-screen appearance should be secondary, and better still, irrelevant. Efforts to substitute political, diversity or affirmative action goals  for artistic ones undermine the integrity of the work, and are unfair to the audience as well as the work itself. Make-up is a tool of the performing arts, and is unrelated to blackface, which was a convention designed to denigrate African Americans. Confounding make-up used to allow a performer to play a character of a different ethnicity, race or skin shade with minstrelsy and blackface is intellectually dishonest or ignorant.

Now comes a new issue in this spectrum: the use of white, male stunt performers to substitute for black or female stars.

This article, in The Telegraph,  begins with the assumption that the practice is inherently unethical:

“For decades, white stunt performers would paint their faces and bodies black to double for black stars. Similarly, it was not uncommon for stuntmen to put on heels and wigs to double for women. This was not happening in a vacuum: all the while, black and female stunt performers were pressing for recognition and the right to work in the jobs for which they were best suited….There is an understanding within the studios that such incidents don’t look good and need to be kept hush-hush.”

If, as the article and the Hollywood activists it interviews assert, the practice of “blacking up” white stunt performers is designed to exclude qualified black stunt performers from working, then of course it is unethical. Given the close-knit stunt performer community, described as a white, male, “old boys network” in the essay, this is certainly possible, even likely. Nevertheless, the assertion that there is anything intrinsically unethical, unfair or wrong with using a disguised white stunt performer to substitute for a black star, a male stunt performer to substitute for a female star, or any other variation imaginable is, as with the Hispanic and Afghan complaints, based on non-existent ethical principles. Continue reading →

Loyalty Drama: The Strange, Sudden, Ethical, Unethical Retirement Of White Sox First Baseman Adam LaRoche

/ Jack Marshall / 6 Comments

chi-adam-laroche

Yesterday,  baseball’s Spring Training was shaken when Chicago White Sox first baseman Adam LaRoche unexpectedly announced that he was retiring, effectively giving up his guaranteed 13 million dollar salary. LaRoche had suffered a down year in 2015, but he was healthy, and assured of a place in the ChiSox line-up. The reason for the precipitous decision was mysteriously and ominously reported as caused by a “personal matter.”  Was there dire illness in the family? What would make a healthy athlete walk away from his team mates and so much money?

Today, the club revealed the surprisng answer. Last year, LaRoche’s son, Drake, 14, spent most of the season with his father and the team and even had his own locker in the home clubhouse at U.S. Cellular Field. Drake was with also with the team in this year’s spring training. White Sox executive vice president Ken Williams told LaRoche that he would have to limit the amount of time his son spent in the clubhouse this season, and in response, LaRoche announced he was quitting.

Again, the threshold question to so much ethical analysis is crucial: What’s going on here?
Continue reading →