Tag Archives: discrimination

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

20 Comments

Filed under Ethics Dunces, language, Law & Law Enforcement, Race, Rights, Workplace

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

26 Comments

Filed under Business & Commercial, Etiquette and manners, U.S. Society

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

32 Comments

Filed under "bias makes you stupid", Business & Commercial, Character, Ethics Alarms Award Nominee, Ethics Dunces, Gender and Sex, Government & Politics, Incompetent Elected Officials, Journalism & Media, Law & Law Enforcement, Leadership, Marketing and Advertising, Social Media, This Helps Explain Why Trump Is President, Unethical Tweet, Workplace

That Viral Google Diversity Memo

I’m going to vary a bit from typical Ethics Alarms practice, and ask for comments on the long, viral, controversial memo by a Google  software engineer named James Demore regarding the company’s diversity initiatives before I do a thorough analysis of it.  The author has been fired, of course. He had to know he would be.

The essay covers a lot more than diversity—gender stereotypes, the radioactive question on innate differences between men and women, ideology over reality, fairness, oppressive cultures, and much more. It is courageous; it’s also unethical. Ambushing an employer like this—it is fair to say that the essay has caused a PR crisis for Google—is never fair. He would argue, I suspect, that this was a form of whistleblowing, as well as taking a stand for other employees who feel as he does but who fear making their opinions known.

I have taught diversity seminars, often in conjunction with sexual harassment and bias training. The area is inherently dishonest. Of course all races, genders and creeds, ages and types should be welcome in a work environment. The claim that diversity is inherently valuable for its own sake, however, is nonsense, a phony “fact” declared to bootstrap other initiatives, such as affirmative action. The alleged innate value of diversity is cited to justify the and out-balance the inherent disadvantages and injustice of not hiring the best applicants for a job or position based on their demonstrated abilities and experience. This is a myth, and pretty obviously so. Diversity is not a virtue when it leads to incompetence, bias, resentment, and staffing that is less talented and effective than it might be. Diversity should never take priority over getting a job done as well as possible.

The bias in the news media’s coverage of the memo has been palpable, and would be very revealing regarding how ideological bias warps coverage, if so much evidence didn’t already exist. This particular biased reporting is likely to mislead more than it should, because the memo is long, and most readers will accept on faith (why? WHY???) the false characterizations of it. It is not a “screed” (The Atlantic), a “tirade” (TIME), or “sexist.” (Recode). The memo does not say that women are inferior,  or “genetically unsuited” for tech jobs. (Washington Post). Nor does he write that women are “biologically unfit” for tech jobs. (CNN). The memo isn’t even “anti-diversity” (Vanity Fair, Forbes). This is how ideological propaganda works: slap labels on inconvenient arguments that will pre-bias an objective or open-minded readers.

You should read the whole thing, which is below. As you read it, think about the fact that Google has stated that the content of the memo violated aspects of Google’s Code of Conduct. I find that incredible, and a greater indictment of Google than the memo itself.

The highlights in blue are mine, and reserved for what I regard as ethically significant sections. Continue reading

66 Comments

Filed under "bias makes you stupid", Business & Commercial, Ethics Alarms Award Nominee, Gender and Sex, Journalism & Media, Science & Technology, U.S. Society, Workplace

UPDATE: So THAT’S What Really Is Going On. Boy, Wouldn’t It Be Great If There Was Some Trustworthy Professional Source That Would Report Events Without Spin And Intentional Distortions?

 

Somehow, I expect the New York Times to be better than this.

Today’s Morning Warm-Up included this item as its final note:

Ethics Alarms will certainly feature more on this development, but for now I’ll just welcome the decision, sure to be attacked as “white supremacy,”  by the Justice Department’s civil rights division to begin  investigating and suing universities over affirmative action admissions policies deemed to discriminate against white applicants. Affirmative action has always been a euphemism for “race-based discrimination in favor of the right race,” and while it can be argued that it was a necessary evil in the wake of Jim Crow, it is still a hypocritical and unconstitutional policy.  I hope the Justice Department includes discrimination against Asian-American students in its crackdown as well.

Well what do you know?

DOJ spokeswoman Sarah Isgur Flores  put out a statement today clarifying what the New York Times went out of its way to distort, saying,

“Press reports regarding the personnel posting in the Civil Rights Division have been inaccurate. The posting sought volunteers to investigate one administrative complaint filed by a coalition of 64 Asian-American associations in May 2015 that the prior Administration left unresolved. The complaint alleges racial discrimination against Asian Americans in a university’s admissions policy and practices.”

This was the 2015 complaint by Asian-Americans claiming they were victimized by quotas at Ivy League schools that was discussed in the Ethics Alarms post I linked to this morning. Continue reading

37 Comments

Filed under "bias makes you stupid", Education, Ethics Alarms Award Nominee, Journalism & Media, Law & Law Enforcement, Race, Rights

Morning Ethics Warm-Up: 8/2/17

Gooooood morning!

(I don’t know about you, but it’s always a good morning for me when the Boston Red Sox win the most exciting game of the baseball season so far with a three-run homer in the bottom of the ninth after what should have been the last out reached first because  a swinging strike three went through the catcher for a passed ball….)

1. Yesterday, the gang at HLN were laughing and guffawing over the fact that someone sent e-mails purporting to be from Anthony Scaramucci to various White House officials and fooled the recipients into responding. Such publicity is what hoaxers dream about. This is why we have despicable fake news sites like “The News Nerd” and others. This is why Facebook feels it needs a special task force to search out and destroy false representations. CNN and other news media also treated the e-mails as significant news—more newsworthy, for example, than the Pakistani crooks the Democratic party had handling sensitive e-mails and other data. Why is this news, other than the fact that the “bad guys” were fooled, in the warped perspective of “resistance” journalists? More to the point, why is it funny? Why is the news media encouraging hoaxes by rewarding them with the notoriety they crave, so they can puff up their little pigeon chests and say, “See? I matter!”

The reports attempted to bootstrap the story by explaining that fake e-mails are how cyber-predators can get access to e-mail accounts. Those phishing episodes, however, involve the credulous recipients clicking on links in the message, which did not occur here. That’s what Hillary Clinton and John Podesta did. I don’t recall HLN chortling about that, however.

2. I’m still waiting for the news media’s apology to Sarah Palin. The news from UK socialized medicine today:

“Obese people will be routinely refused operations across the NHS, health service bosses have warned, after one authority said it would limit procedures on an unprecedented scale.Hospital leaders in North Yorkshire said that patients with a body mass index (BMI) of 30 or above – as well as smokers – will be barred from most surgery for up to a year amid increasingly desperate measures to plug a funding black hole. The restrictions will apply to standard hip and knee operations. The decision, described by the Royal College of Surgeons as the “most severe the modern NHS has ever seen”, led to warnings that other trusts will soon be forced to follow suit and rationing will become the norm if the current funding crisis continues.”

Continue reading

156 Comments

Filed under Around the World, Arts & Entertainment, Citizenship, Government & Politics, Humor and Satire, Journalism & Media, Law & Law Enforcement, Race, Rights, U.S. Society

Bad Ethics Chess: The Insufficiently Diverse High School “Sound of Music”

The real mystery here is how the school administrators and teachers could not have seen this coming. Thus the ethical value at issue is, as it often seems to be with public education, competence, or rather the lack of it.

In April of 2016, Marshfield High (in Wisconsin) presented its annual musical.  The production involved a cast of 40 students with 30 more in the crew and orchestra. Students from two elementary schools were in the cast. The show? Rogers and Hammerstein’s “The Sound of Music,” based on the story of the Von Trapp singers and their escape from Austria when the Nazis took over.

In March 2016, a complaint was received from a parent alleging that  the musical’s casting violated the district’s non-discrimination policy.  The parent asked why the cast did not “represent the demographics of the school district” and why a deliberate effort was not made “to ensure diversity in the cast.” The parent further said that even if the organizers of the play did not intend to discriminate, they did so “in the most overt and egregious manner.” For more than a year, district officials tried to keep the complaint and the resulting investigation out of the news. Now the investigation is out, and it found that indeed the casting did violate the policy.

I didn’t have to read the whole article, or much of it at all, to guess what happened. All I needed to know was that a high school with a diverse student body had chosen “The Sound of Music” as its annual musical. Everyone has seen the movie, and knows that it is about the cutest Austrian family on Earth stocked with a group of brothers and sisters whose ascending ages and heights constitute the most vivid visual image of the play.  High schools seldom produce this musical, for exactly these reasons. A theater department barging ahead with this Rodger and Hammerstein classic will be instantly risk appearing to exclude anyone who isn’t so white that their brilliant gleam will blind the audience (and African-American Nazis are even more jarring than  Hispanic-American and Asian Austrians), or it must commit to the most show-undermining non-traditional casting imaginable. There isn’t even a true choice: if you produce this show in a public school, you have to be ready to cast a black Maria, brown Nazis, Asian Austrian nuns and a brood of Von Trapps that suggests that the Captain was rather naughty in his travels, if admirably open to amorous affections regardless of race, color or creed. Continue reading

33 Comments

Filed under Arts & Entertainment, Childhood and children, Education, Ethics Alarms Award Nominee, Popular Culture, Race