Tag Archives: discrimination

Comment Of The Day: “Given The Opportunity And The Power, Blacks Will Discriminate Against Whites…I Recommend “In The Heat OF The Night”….”

Once again, a Friday yielded multiple “Comments of the Day.” I’ve noticed this trend for some time, and have no explanation for it, but I am grateful nonetheless.

Here is Isaac’s latest Comment of the Day on the post,Given The Opportunity And The Power, Blacks Will Discriminate Against Whites, Women Will Discriminate Against Men, Gays Will Discriminate Against Straights, And Liberals Will Discriminate Against Conservatives, Because That’s What Human Beings Tend To Do. Now What? I Recommend “In The Heat Of The Night”….

What with the current generation being famously ignorant about just about everything and all, it’s a shame they don’t know much about the Rwandan genocide (there are countless similar tales throughout history, but Rwanda was only 25 years ago and you’d think it’d be fresh in everyone’s mind.) The oppressed can very easily, and very quickly become the oppressors.

The Hutu were every bit the marginalized, persecuted victims. Exploited for labor by Europeans for generations, forced to obey and serve the fairer-skinned, wealthier Tutsi minority. Treated as second-class citizens. Gradually discrimination against them became illegal and the Hutu gained equal rights, and protection against discrimination. The Belgians had cleared out and the Hutu and Tutsi had a chance to treat one another as equals, share the country, and put the past behind them, which the Tutsi were for the most part willing to do. The laws were in place, there was a shared government with a Hutu majority, and the stage was set for reconciliation, but the Hutu were still, on the whole, poorer and less educated by the Tutsi. There was intense resentment among them, constant dredging up of the past, and an unwillingness to wait until time and intermingling evened things out economically. And of course, politicians and media-types willing to stir up the racial enmity for their own selfish reasons. Sounds awfully familiar. Continue reading

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Given The Opportunity And The Power, Blacks Will Discriminate Against Whites, Women Will Discriminate Against Men, Gays Will Discriminate Against Straights, And Liberals Will Discriminate Against Conservatives, Because That’s What Human Beings Tend To Do. Now What? I Recommend “In The Heat OF The Night”….

I’ve been meaning to write about this for a long time, at least since February, when professional women’s basketball star Candace Wiggins, who retired from the WNBA last year after eight seasons in the league, told  reporters that she was bullied and harassed during her career because she was not gay.

“Me being heterosexual and straight and being vocal in my identity as a straight woman was huge,” Wiggins said. “I would say 98 percent of the women in the WNBA are gay women. It was a conformist type of place. There was a whole different set of rules they [the other players] could apply.” She says it drove her out of the league and the game. The WNBA denied her allegations, and the story wasn’t around very long.  Gays don’t bully, they ARE bullied! Then, this week, ThinkProgress reported that a former University of Southern California point guard, Camille LeNoir, alleged she was denied an assistant coaching job in the New Mexico State University athletic department because she had the “wrong” sexual orientation.  She claims that she had a firm job offer when the school thought she was a lesbian, but when she announced that she no longer regarded herself as gay, the offer was rescinded. This week, a federal judge in California decided to allow her discrimination case to advance.

I don’t know whether the perceptions of either Wiggins or LeNoir are accurate, but I don’t doubt that the kind of bullying and prejudice they describe goes on. There have been similar accounts in other women’s sports, like tennis and golf. Yes, it appears that unlike the male side (with the exception of men’s figure skating), gay women dominate many if not all women’s sports. I will eschew writing something arch like, “Who would have suspected?” in favor of the more direct, “This should come as no surprise, but saying so will offend feminists, female athletes and lesbians anyway.”

One would think that when a historically oppressed and discriminated-against group gains power or perceives that it has power, it would behave toward others as it wishes it had been treated during all those years of being marginalized. Alas, the opposite is usually the case, and most of the time. In one of my worlds, professional theater, gay men dominate, and there are theaters that have the reputation of actively discriminating against straight actors. Hollywood, of course has become a workplace where being revealed as a conservative is to face virtual blacklisting. Give a minority power, and as often as not, what emerges are bullies and bigots. Continue reading

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Reminder: Hateful Racist Mass Murderers Have The Same Rights You Do

Dylann Roof, the white supremacist sentenced to death after killing nine black church members as an attempt to start a race war, asked a court to replace his appointed appellate lawyers because they “are my political and biological enemies.” The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals denied his request.

Roof’s pro se motion stated that his lawyers, Alexandra Yates and Sapna Mirchandani, “are Jewish and Indian, respectively. It is therefore quite literally impossible that they and I could have the same interests relating to my case.”  Roof had difficulties on the same basis with his court-appointed lawyer, David Bruck, during his trial. The murderer wrote  in his motion that Bruck is Jewish and “his ethnicity was a constant source of conflict even with my constant efforts to look past it.”

I have been shocked at the reaction of the legal profession, the news media and the public to the 4th Circuit’s ruling. It really does appear that all the education in the world, ethics rules, principles and the Constitution will still be steamrolled by hate and emotion, even when crucial, indeed existential values for our society are at stake. My trust and respect for all professions—all of them—have been grievously reduced by their conduct and ethics blindness over that past several months. No wonder the First Amendment is under attack. No wonder our institutions are being weakened to the point of collapse.

The public literally  not understand the principle I am going to explain now. Apparently naively, I thought lawyers, judges and law professors did. In the interest of clarity, I am going to do this in short, straightforward segments.

I. The Court’s ruling is not just wrong, but frighteningly wrong.

Roof, like all citizens accused of a crime, has a right to a competent, zealous legal defense. A  competent, zealous legal defense requires that the defendant be able to participate fully in that defense. If a defendant does not or cannot trust his lawyers, he cannot be assured of a competent, zealous legal defense.

II. A client has to trust his lawyer.

It doesn’t matter why a client doesn’t trust his lawyer, and the lawyer need not agree that the lack of trust is warranted. The question is whether a lawyer who is not trusted by his client can do an adequate job representing him. The answer is no. The Sixth Amendment, which guarantees a fair trial and legal representation in criminal cases, is not there for the lawyers, or courts, or government. It exits to protect the accused—all accused.

In a famous medical ethics case, an elderly Korean man in a hospital wanted his doctors, specialists in his malady, replaced because they were Japanese-Americans, and as a survivor of the horrors Japan inflicted on Korea, he was convinced that they would kill him. The hospital ethics committee held that he was an irrational bigot, and that he either had to accept the qualified physicians despite their race, or get out. The AMA disagreed. It said that the patient’s welfare is paramount in medical ethics, and a patient who does not trust his doctors—the reason doesn’t matter—will have his welfare and health endangered as a result.

The same principle should apply to Roof. A client who does not trust his lawyer will not, for example, be candid with him, or trust him to keep confidences.

Under the circumstances Roof described, the lawyers have an ethical obligation to withdraw. Two rules are involved:

Client-Lawyer Relationship
Rule 1.7 Conflict Of Interest: Current Clients

(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

(1) the representation of one client will be directly adverse to another client; or

(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

(2) the representation is not prohibited by law;

(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and

(4) each affected client gives informed consent, confirmed in writing. Continue reading

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“Racial Wealth Gap Persists Despite Degree, Study Says”…Now What?

The story ran as the front page lead in the New York Times more than a week ago, and was promptly ignored as the more pressing matter of criticism Donald Trump’s erudition in condemning the violence in Charlottesville obsessed the media:

“The long-term trend is shockingly clear,” said William R. Emmons, an economist at the Federal Reserve Bank of St. Louis and one of the authors of the report. “White and Asian college grads do much better than their counterparts without college, while college-grad Hispanics and blacks do much worse proportionately.”

A college degree has long been recognized as a great equalizer, a path for minorities to help bridge the economic chasm that separates them from whites. But the report, scheduled to be released on Monday, raises troubling questions about the ability of a college education to narrow the racial and ethnic wealth gap.

“Higher education alone cannot level the playing field,” the report concludes.

Great. What will level the playing field, and if the only solutions are ethically flawed, can the nation ethically accept that the playing field cannot be leveled? Is it necessary that all races achieve identical levels of success? Does the fact that a race, or an ethnic group, either exceeds or falls short of statistical parity signal that draconian measures must be undertaken by the government? Are we really committed to results based policies, or opportunity-based policies?

In the Times print version, there was a chart that labelled, among other things, Asian families as “over-represented” among wealthyl households headed by a college grad. “Over-represented” is a provocative word, suggesting that something is wrong with Asian American achieving beyond what pure statistical analysis would predict. Is it so unimaginable that the group itself may have something to do with its success—that its culture and values may allow it to be “over-represented”?

No, it isn’t unimaginable, but it is inconvenient and politically explosive. If culture and values can explain over-achievement, it will be difficult to avoid the conclusion that culture and values also play a part in under-achievement as well. The Times report (I haven’t read the whole study)  doesn’t hint at such a conclusion, while citing many other potential causes:

Researchers have repeatedly found discrimination in the job market. When two nearly identical résumés are sent out, for example, it has been documented that the candidate with a white-sounding name receives more callbacks than the applicant with a black-sounding name.

Discrimination like this and other factors contribute to the persistent and substantial pay gap between whites and minorities. Blacks, for instance, hold a disproportionate share of government jobs — a sector that has shrunk in recent years and provides fewer opportunities for big wage gains. Blacks have fewer advanced degrees, and the ones who do are more often in lower-paying fields or graduates of colleges with lesser reputations.

“Blacks and Latinos at all education levels, including college and advanced degrees, earn less than their white counterparts, which means lower lifetime earnings” and less ability to save, said John Schmitt, research director at the Washington Center for Equitable Growth, who reviewed an advance copy of the report.

Blacks and Hispanics are also less likely than whites to inherit money or receive help from their parents to cover a tuition bill or a down payment on a house.

William A. Darity Jr., a professor of public policy at the Samuel DuBois Cook Center on Social Equity at Duke University, points out that a family headed by a black college graduate has less wealth on average than a family headed by a white high school dropout.

That last fact is especially discouraging.

The relative disinterest of the news media in the implications of the report is troubling, or perhaps I should say its disinterest in pursuing an open and honest discussion of what the implications are, and what new policies should be considered. The status quo, with historically oppressed and disadvantaged groups perpetually lagging behind and perpetually blaming white society for their persistent plight, is a recipe for chaos, generating shrill and divisive prescriptions like this one, from Chanelle Helm,  a Black Lives Matters leader in Louisville:

Some things I’m thinking about that should change (in that Southern, black grandmama voice):

1. White people, if you don’t have any descendants, will your property to a black or brown family. Preferably one that lives in generational poverty.

2. White people, if you’re inheriting property you intend to sell upon acceptance, give it to a black or brown family. You’re bound to make that money in some other white privileged way.

3. If you are a developer or realty owner of multi-family housing, build a sustainable complex in a black or brown blighted neighborhood and let black and brown people live in it for free.

4. White people, if you can afford to downsize, give up the home you own to a black or brown family. Preferably a family from generational poverty.

5. White people, if any of the people you intend to leave your property to are racists assholes, change the will, and will your property to a black or brown family. Preferably a family from generational poverty.

6. White people, re-budget your monthly so you can donate to black funds for land purchasing.

7. White people, especially white women (because this is yaw specialty — Nosey Jenny and Meddling Kathy), get a racist fired. Yaw know what the fuck they be saying. You are complicit when you ignore them. Get your boss fired cause they racist too.

8. Backing up No. 7, this should be easy but all those sheetless Klan, Nazi’s and Other lil’ dick-white men will all be returning to work. Get they ass fired. Call the police even: they look suspicious.

9. OK, backing up No. 8, if any white person at your work, or as you enter in spaces and you overhear a white person praising the actions from yesterday, first, get a pic. Get their name and more info. Hell, find out where they work — Get Them Fired. But certainly address them, and, if you need to, you got hands: use them.

10. Commit to two things: Fighting white supremacy where and how you can (this doesn’t mean taking up knitting, unless you’re making scarves for black and brown kids in need), and funding black and brown people and their work.

I read this, and find myself wondering if one of the reasons for that discouraging study’s results is the increasing influence of voices like Chanelle Helm’s.

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Ethics Dunces: The 8th U.S. Circuit Court of Appeals

I don’t understand this ruling at all.

In 2011, Cooper Tire & Rubber Co. had locked out union workers. After the company later settled a contract dispute, they all returned to work except for Anthony Runion, who had been fired. Runion had shouted at a van carrying replacement workers onto the company’s grounds: “Hey, did you bring enough KFC for everybody?” and “Hey, anybody smell that? I smell fried chicken and watermelon,” the opinion noted, adding that most of the replacement workers were black.

In the 2-1 ruling for the fired worker, Judge William Duane Benton cited the law protecting unions, strikers and pickets, 29 U.S.C. § 157. Section 7 of the Act guarantees employees the right to “assist labor organizations . . . and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Section 7
gives locked-out employees the right to picket. Section 8(a) prohibits an employer from interfering with, restraining, coercing, or discriminating against employees in the exercise of their Section 7 rights.

How would firing  a worker for uttering undeniable racially hostile verbiage in the process of striking? Benton writes, citing various cases in the line of labor decisions:

“One of the necessary conditions of picketing is a confrontation in some form between union members and employees.” Chicago Typographical Union No. 16, 151 NLRB 1666, 1668 (1965), citing NLRB v. United Furniture Workers of Am., 337 F.2d 936, 940 (2d Cir. 1964). “Impulsive behavior on the picket line is to be expected especially when directed against nonstriking employees or strike breakers.” Allied Indus. Workers No. 289 v. NLRB, 476 F.2d 868, 879 (D.C. Cir. 1973) (internal citation omitted). This court analyzes picket-line conduct under the Clear Pine Mouldings test: a firing for picket-line misconduct is an unfair labor practice unless the alleged misconduct “may reasonably tend to coerce or intimidate employees in the exercise of rights protected under the Act.” NMC Finishing v. NLRB, 101 F.3d 528, 531 (8th Cir. 1996), citing Clear Pine Mouldings, Inc., 268 NLRB 1044, 1046 (1984), enf’d, 765 F.2d 148 (9th Cir. 1985). The test is objective.

Wait: racially prejudiced rhetoric is “impulsive behavior”? Not by non-racists, its isn’t. Non-racists don’t suddenly start talking like racists on impulse. Anthony Runion unmasked himself as a racist by his behavior on the picket line. It may not have been “picket line misconduct,” but it was certainly unacceptable workplace and employee conduct, with a strong indication of more to come. Benton wrote that there was no evidence the black “scabs” heard Runion’s racist words, though dozens of others nearby did, and that the comments were not directed at any individual. Wait again: is the judge arguing that using racial epithets in the workplace isn’t a firing offense as long as the offender can say, “I didn’t mean you” ?

The lone dissenting judge, Judge C. Arlen Beam  dissents by stating the obvious: Continue reading

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Ethics Quiz: The Nicely-Dressed Factor

(NPR says this was an actual passenger.)

When I fly, I always wear a sports jacket. No tie, often a sports shirt. Usually dress shoes, though not since I got mt neato-keen Boston Red Sox canvas deck shoes. Why do I do this? Apparently because I’m old, but also because of that old, archaic value, respect. If I’m in public, and especially if I’m going to be in close quarters with someone, I want the experience for them to be as pleasant as possible.

The airlines exercise very little dominion over what its passengers wear. Bare feet will keep you grounded; a T-shirt  with profanity or a lewd message may get you barred from a flight, but not much else. However, the airlines do notice what you wear, and what you wear may have benefits:

George Hobica, founder of the travel fare advice site Airfare Watchdog, said that “everyone believes no one gets upgraded anymore based on how they look.” But, he added, “It does happen.”… [Hobica] then relayed tales of friends who had been upgraded while wearing clothes they considered nicer than what they might wear to the gym or the grocery store, and a conversation he once had with a gate agent friend at Lufthansa.

“She told me she would upgrade people based on how good-looking they are, how pregnant they are, or how nicely they’re dressed,” he said. “She said: ‘Look, we oversell flights and, of course, we go down the status list first. Absolutely, we look at your miles.’” But if no one on the flight warrants special privileges, the absence of ripped jeans or tattered sneakers can help, Mr. Hobica said.

The Times got uniform denials that attire was rewarded when it contacted various airlines, but a flight attendant vaguely confirmed Hobica’s account.

“I will say that when I see someone come on the plane and they’re dressed nicely and their children are dressed nicely, I do take notice,” said …a United flight attendant since 1978. “When someone is a little dressed up and looking like they made an effort, it’s almost like they’re showing respect for themselves and for everybody else on the plane…My personal opinion is that when you take pride in how you look, you take pride in how you act,” she said.

Hmmmm.

The Ethics Alarms Ethics Quiz of the day is…

It is ethical for polite attire to confer benefits for flyers over passengers who dress in flip-flops, tank-tops and torn jeans?

Continue reading

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Morning Ethics Warm-Up: 8/11/17

GOOD MORNING!!!

1. From sources within Google management, we learn that the firing of the diversity memo writer, James Demore, was hotly debated, but in the end...

“…Damore’s focus on biology really made it clear that he had crossed the line.” What turned the tide, said sources, was when it was noted that if Damore’s dubious contentions about women’s skills were replaced by those about race or religion, there would be no debate.’

Ethics diagnosis: Bias made them stupid…that is, Google’s political correctness bias. If someone says that blacks, for example, are biologically handicapped for certain jobs, that’s bigotry and ignorance, the equivalent of poor Al Campanis’s  infamous statement to Ted Koppel that blacks “lacked the necessities ” to manage a baseball team. If someone says that holding religious beliefs suggests one may have biological disadvantages, then that individual is, of course, an idiot.

Women, however, are biologically different from men. If this was the reasoning behind Demore’s dismissal, then it is an example of regarding fealty to cant and politically correct mythology as more important than dealing with complex realities.

2. Professional Trump apologist Jeffrey Lord reacted with a tweeted Sieg Heil! to  Left Wing attack group Media Matters organizing a boycott of the Fox News star’s sponsors to force Sean Hannity off the air.  CNN responded by firing Lord, saying, “Nazi salutes are indefensible.”

Except that Lord was not performing a Nazi salute, but alluding to it to make the very accurate point that the Media Matters wing of progressive America is anti-free speech, and, Nazi-like, determined to shut down inconvenient dissent. Sieg Heil!, in the context of Lord’s tweet, did not mean “Yay Hitler, and let’s kill some Jews!” but rather “Media Matters embodies fascism of the left.”

Which it does.

This story is just full of detestable people and organizations. Jeffrey Lord is a dishonest hack whom CNN keeps parading before its viewers to pretend that the network is “balanced” in its relentless critical commentary on the President. Typically Lord is the sole defender of the Administration on a panel of multiple virulent critics, presided over by one of CNN’s myriad anti-Trump hosts. Sean Hannity is a knee-jerk conservative without scruples, perception or shame. Media Matters is a left-wing propaganda machine that makes a mockery of the term “media watchdog” by its very existence, and it is not unfair to rate its creator and leader, David Brock, as unstable. And I don’t like Nazi salutes either, though to call them “indefensible” is just plain wrong. They are defensible on the History Channel, to show how Nazis behaved. They are defensible in films like “Valkyrie,” since Tom Cruise’s doomed hero’s reluctant salute was a central theme.

It is defensible in Mel Brooks movies, which feature the salute frequently, to mock the Nazis. It is defensible in “Dr. Strangelove,” to make the running joke that mysterious ex-Nazi genius has a Nazi arm with mind of its own.

And it is defensible to use the Nazi salute derisively to say,”David Brock and Media Matters are fascist in the their methods and attitudes towards free speech.”

CNN’s firing of Lord falsely implied that he was referencing the salute positively. By doing this, the increasingly unprofessional and untrustworthy network was also able to impugn President Trump; after all, if his most visible defender in a Nazi, that makes the President Hitler, right?

In this particular basket of deplorables, CNN may be the most unethical of all. Continue reading

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