Ethics Quiz: The Conundrum Of The Wrong Color Baby

mixed race child

[ I wrote about this case last fall, before the decision in the case. This Ethics Quiz is a follow up. No fair cheating by going back and reading the older post until you have your answer]

Jennifer Cramblett, one half of a white same-sex couple that wanted a child, went to Midwest Sperm Bank and chose adeposit from donor No. 380. The sperm bank made that ol’ “8 looks like 3” mistake, so instead of the white donor the couple wanted, they were given sperm from donor No. 330, a black man. Cramblett filed suit against the sperm bank in 2014 for damages because she gave birth to a mixed-race daughter, and that was not what she paid for.

The sperm bank apologized but refunded only part of the cost to Cramblett and her partner Amanda Zinkon, and denied that damages were warranted.  Cramblett’s suit alleged that the mistake caused her and her family stress, pain, suffering and medical expenses, and that she feared that her daughter, Payton, now 3, would grow up feeling like an “outcast.” Attorneys for the sperm bank argued that “wrongful birth” suits should only apply to cases where a child is born with a birth defect that was predictable. In this case, the girl, Payton, is normal and healthy. Being black, of course, is not a defect.

The judge threw out the case, but headlines have been misleading. The original suit—why, I don’t know—failed to allege negligence, which I would think would be a slam dunk. The suit can and presumably will be refiled with a negligence claim, and that’s res ipsa loquitur.  (If a black child is born to a white couple, someone goofed somewhere.) There will be damages, but the question is how much and on what basis.

Your Ethics Alarms Ethics Quiz of the Day is this:

Would it be ethical for a court to hold that having a child that is the “wrong” color is a hardship, injury, or misfortune worthy of damages?

Continue reading →

The Dissing Of Judy Carne: Wait, Aren’t Newspapers Supposed To Make Us BETTER Informed?

CarneWitness this bit of “information,” courtesy of Washington Post writer Justin Wm. Moyer on the occasion of the death of Judy Carne, Rowen and Martin’s Laugh-In’s “Sock it to me” girl:

“The joke now seems as cruel — and as difficult to explain to millennials — as it seemed hilarious in the 1960s: A young, lithe woman, often in a miniskirt or less, stands onstage. She announces that it’s “sock-it-to-me time.” Then, she is hit with a bucket of water, or dropped through the floor, or otherwise clobbered in some form or fashion.“

Is the Post now recruiting its feature writers from Jupiter? Are editors extinct? Has the paper decided that political correctness, hyper-sensitivity, gender-obsession dementia is both mandatory and universal?

What happened to Judy Carne is called slapstick. It is funny. It has always been funny. What happened to Judy Carne is no more cruel—that is, not cruel at all—than what repeatedly happened to Lucy,  Laverne, Wile. E. Coyote—and Raven, Tina Fay…Katy Perry….

Anyone writing about history and culture in a national publication—about anything, really—has has an obligation to actually know what he or she is writing about, and not make stuff up. There was definitely a lot of stuff that was on Laugh-in that will look weird today to anyone under the age of 50 or so; after all, the show is a half-century old, and the Sixties were weird even in the Sixties. Goldie Hahn dancing in a bikini with words written all over her body, for example. People laughing at every mention of the word “bippy.”  Nehru jackets. NOT women and men having staged catastrophes befalling them for laughs. Continue reading →

Unethical Presidential Candidates Sunday (EXTENDED): Hillary Clinton’s Amazing Unethical, Ethical, Unethical, Unethical,Unethical, Unethical Non-Apology

fireworksWOW!

Jethro Gibbs, the hero of CBS’s long-running hit procedural drama NCIS, enlightens his charges with “Gibbs’ Rules.” As I have mentioned before, I like Gibbs’ Rules, but one of them is almost always dead wrong. The most cited of the rules is #6: “Never apologize — It’s a sign of weakness,” a rule that Gibbs and the show’s writers borrowed from John Wayne’s character in “She Wore A Yellow Ribbon.” ( “Never apologize, mister, it. It’s a sign of weakness.”). Sincerely apologizing for genuine harm, mistakes or misconduct is not weakness, but a sign of character, accountability, honesty, courage, respect and fairness.

Hillary Clinton doesn’t believe in accountability, honesty, courage, respect and fairness, so it’s not surprising that she never apologizes. Neither does Donald Trump. It’s a clanging, earsplitting ethics alarm for anyone seeking a leader, for this means that they do not have the integrity or decency to admit genuine wrongdoing, and seek instead to maintain the illusion that they are infallible. It is even possible that they are in the throes of Rationalization #14, Self-validating Virtue, the mark of narcissists. Refusing to apologize is a terrible sign for a leader, a manager, even a friend.

Out of this ominous character flaw has come one of the most remarkable non-apologies in decades. When prompted by MSNBC’s Andrea Mitchell to apologize for her mishandling—her intentional mishandling, remember— of the e-mails she sent and received while Secretary of State, the Remarkable, Astounding, Ethics-Defying Candidate Hillary Clinton told her…

“At the end of the day, I am sorry that this has been confusing to people and has raised a lot of questions, but there are answers to all these questions.And I take responsibility, and it wasn’t the best choice.”

Sound the trumpets and summon the sculptors! That is an unethical non apology for the ages: Continue reading →

From Canada, An Ethical Candidate Test: Has He Ever Secretly Peed Into Someone’s Coffee Cup?

horrible coffeeJerry Bance, a service technician running as a Canadian Conservative Party candidate, was dropped by the party after video surfaced of him urinating into a coffee mug during a 2012 house call.

Yes, I’d call that signature significance, wouldn’t you? I wouldn’t trust a service technician who had done this even once.

Aside: Possible sub-rationalization of  Rationalization #20. The “Just one mistake!” Fantasy: #20A: “I only peed in a customer’s coffee cup once!”

Possible parlor game! “Name the funniest rationalization for secretly peeing in a coffee cup.” Example: 15. The Futility Illusion:  “If I don’t do it, somebody else will.”

But I digress. Where was I? Oh, right: If I wouldn’t trust him to fix my sink, I shouldn’t trust him to be a legislator.  Or do we hold legislators to a lesser standard of trust than repairmen?

They don’t in Canada, apparently.  Bance “is no longer a candidate,” said Conservative spokesman Stephen Lecce. Bance, he said, was dropped for not being truthful during the candidate screening process. I guess he didn’t answer that “Have you ever peed in someone’s coffee cup?” question candidly.

Here’s my question: would the ethics-challenged people currently supporting Donald Trump for President change their minds if video surfaced of The Donald peeing in, say, Megyn Kelly’s coffee cup?

Nah. After all, “She should have seen it coming.” (Rationalization #36)

“Unethical Presidential Candidates Sunday” (EXTENDED): Hillary’s New Public Corruption Plan? If They Won’t Willingly Vote For Her After They Learn What She’s Like, Make Them promise To Vote For Her No Matter What They Learn

Loyalty Oath

From the Pittsburgh Tribune-Review‘ via Mediaite: Attendees at a Hillary Clinton campaign event in Cleveland, Ohio, were asked to sign a pledge promising to vote for the candidate before they were allowed into the venue.

Yes, this is basically a loyalty oath. Loyalty is the most confounding of ethical values, because it so frequently leads to unethical resolutions of ethics conflicts, when loyalty requires the rejection of other ethical values that should be given priority. Many unethical organizations and leaders insist on loyalty even if they will disdain honesty, integrity, responsibility, accountability, fairness and decency. Used like this, loyalty becomes a virtue that enables unethical conduct. A mother refuses to report her murderous son. A wife abets her raping husband (Hello, Camille Cosby!) Another wife supports her husbands lies about his adultery. (Now who could this be?) Blind loyalty directs Southerners to insist that their forebears weren’t rebelling in support of slavery, African-Americans to insist that a black President is a great President, and patriots to spit “Disloyal!” at principled protesters of national policies abroad.

Obviously, loyalty is very useful to leaders who are untrustworthy or corrupt. They seek support out of quid quo pro transactions that insist, “You owe me! I was there for you, so you must be there for me, no matter what happens,” “no matter what happens” meaning “no matter what awful things I do and what unsavory things you learn about me.” It isn’t patriotism is the last refuge of a scoundrel, as Samuel Johnson famously said, but loyalty. Loyalty was the main bulwark of power and survival for Don Corleone, Colonel Jessup (“A Few Good Men”), Auric Goldfinger,  Darth Vader…and in the real world, Richard Nixon, Mao, Jesse James, Bill Clinton…and obviously, Hillary. Continue reading →

Ethics Dunces: Boston Red Sox Players

owens pole

Yesterday, while watching the Boston Red Sox game on NESN as I always do EVEN WHEN THE TEAM STINKS, like this year, because no summer soldier I, team broadcasters Don Orsillo and Jerry Remy pointed out that Sox rookie Henry Owens was watching the game while being taped to a pole, with his mouth taped shut as well.

This is old-fashioned baseball rookie hazing, as Remy explained (also opining that he thought it was stupid when he played and is stupid now). The theory is that this makes rookies part of the team, builds cohesion and spirit, and yada yada yada, all the same phony rationalizations that jerks have used to excuse hazing cruelty and sadism in fraternities, the military, cults and sports teams for eons. The Owens stunt was relatively mild (and mercifully short), but the practice of hazing is still institutionalized bullying, uncivilized, and, as Remy said, stupid.

Sports team players are home town heroes, and role models too. How many kids will be humiliated, tortured, injured or even killed because the Boston Red Sox thought it was funny to immobilize a 6’6″ rookie pitcher by taping him to a pole on live TV, thus teaching him that no matter how  good he may be at pitching (and Owens is going to be really good), he’s at the bottom of the pecking order until he “earns” decent treatment and respect. “In my experience, the guys who really liked hazing the rookies were the players who couldn’t play,” noted Jerry, a Sox regular in the Eighties.  They were sadistic bullies, in other words, making up for their own inadequacies by abusing others.

You can say that Owens consented, and that’s like arguing that Monica consented when the President of the United States wanted her to emulate a Bourbon Street hooker. Owens could refuse, and be regarded as a bad team mate, leading to a year or more of cut shoelaces, shredded uniforms, insulting messages on his locker and worse “jokes.” Or he could quit baseball and sell Slurpees rather than make a gazillion dollars. He had to submit, and had to smile about it.

So he did.

Even baseball players need to be better at ethics chess than this, and calculate the likely consequences of their conduct. Hazing is unethical, and glamorizing, modeling and trivializing it on TV is irresponsible.

And stupid.

Send In The Clowns: Larry Lessig’s Scholarly, Ignorant, Insulting, Unethical Candidacy

Full disclosure: Because I believe that nobody in the history of photography who wasn't pompous as hell posed this way for a picture, and because Lessig has several pictures in this pose, I wouldn't trust him anyway.

Full disclosure: Because I believe that nobody in the history of photography who wasn’t pompous as hell posed this way for a picture, and because Lessig has several pictures in this pose, I wouldn’t trust him anyway.

[Running out of time tonight, due to an unexpected crisis. Unethical Presidential Candidate Sunday will be extended into Labor Day. I have four posts in the can…]

Harvard Law Professor Larry Lessig, being either  bored, puckish, naive or having had a psychotic break, has declared his candidacy for the Democratic nomination for President with the following “plan”: Continue reading →

Hugh Hewitt’s “Gotcha!” On Trump

trump-hewitt

If the Republicans, conservatives and liberal media can’t torpedo Donald Trump’s ridiculous and destructive presidential quest fairly and based on substance, their problems go a lot deeper than Donald Trump.

Wait a minute—they do!

The attempt to make a big deal out of Trump’s performance on the conservative radio talk show hosted by Earl Warren look-alike Hugh Hewitt is another example of the kind of unfair tactics that will just drive more supporters his way. First Hewitt asked Trump about Maj. Gen. Qasem Soleimani, who Washington Post blogger Erik Wemple calls the famous leader of Iran’s elite Quds Force. Really? Famous? I’ll say right now: never heard of the dude. I will also say that if my ethics business required dealing with Iraq, I’d be briefed on him thoroughly before I had to make any substantive decisions. Trump’s “yeeees…”  indicated that ether he knew a quiz was coming, or had no idea who he was; then he said,  “Go ahead, give me a little, go ahead, tell me.” Then…

Hewitt: “He runs the Quds Forces.” (Listen to this on the Post link. I’m from Boston.  Anyone in my high school would have pronounced “Quds” and “Kurds” indistinguishably)

Trump: “Yes, OK, right.”

Hewitt: “Do you expect his behavior–”

Trump: “I think the Kurds, by the way, have been horribly mistreated by us.”

Hewitt: “No, not the Kurds — the Quds Forces, the Iranian Revolutionary Guard’s Quds Forces — the bad guys.”

Trump: “Yes, right.”

Hewitt: “Do you expect his behavior to change as a result –”

Trump: “Oh, I thought you said Kurds, Kurds.”

This, apparently, shows that Trump is unqualified to be President.  (He is, but not because of this.) Count on Democrats using the fact that Hillary can run off these names as proof of her superiority, though she was, you know, Secretary of State. Later, when Hewitt tried more quiz questions about the Middle East, Trump objected: Continue reading →

Welcome To “Unethical Presidential Candidates Sunday”! First Up, Rationalization 19 A: The Insidious Confession, Or “It Wasn’t The Best Choice”

Presidential cnadidates

I have tired of suppressing legitimate ethics issues regarding the various Presidential candidates, especially the most obviously unethical ones, Hillary and The Donald, for fear of having this pan-ethics blog mired in the swamp of politics. For this day, at least, I’m going to stop wrestling myself to the ground and stop holding back my rising gorge, and focus specifically (though maybe not exclusively: you never know) on the 54—or is it 22? I get the number of Bill Cosby victims mixed up with the announced Presidential candidates sometimes—on the pack of Republicans and Democrats with designs on the White House. So look out, Jeb, Ben, Chris,  Ted, Carly, Jim Gilmore), Lindsey, Mike, Bobby,  John, George, Rand, Rick, Marco, Rick, Donald Trump, Lincoln, Hillary, Martin, Bernie, Professor, Jim (Webb)….this is

Unethical Presidential Candidates Sunday!

First up…Hillary Clinton gave us a new rationalization! Say hello to Rationalization 19A, the latest addition to the Ethics Alarms Rationalizations List, #19A The Insidious Confession, or “It wasn’t the best choice.”

When Hillary Clinton first used her poll-tested, Campaign War Room generated description of her arrogant, defiant, incompetent and irresponsible (and possibly sinister) choice to send official communications on a private email server as not “the best choice,” I recognized it as misleading and dismissive, but assumed it was just a wan variation on my least favorite rationalization, the dreaded #22, “It’s not the worst thing.” Hillary used the same phrase this week, cementing my conviction that it is a talking point, but also making its real meaning clear.

“It wasn’t the best choice” is really a sneaky sub category of Rationalization #19:
Continue reading →

For Your Labor Day Ethics Edification: “The Science of Persuasion”

The-Six-Universal-Truth-of-Influence-Robert-B-Cialdini

Making better decisions is essential to making ethical decisions, and a lot of what we discuss here relates to overcoming impediments to unethical thinking and decision-making. This 2012 video is germane to Ethics Alarms; it also includes some of the ideas in Dr. Z’s Rules, which I presented here.

This animated video describes Dr. Robert Cialdini ‘s “six universal principles of persuasion” that people and organizations tend to use to influence the thinking, values and opinions of those of us who are not willing or able to reason in an orderly and unbiased fashion. (Dr. Zimbardo las a somewhat different six). It reflects the research in Dr. Cialdini’s book, “Influence” The Science of Persuasion.”

As those who come here often know, I like to use a variety of approaches and tools. Cialdini’s framework is just one of them, but one worth understanding.

The video is a bit over 11 minutes.