discrimination

A “Peace On Earth, Good Will Toward Men” Ethics Quiz: The Bitter Propane Dealer

/ Jack Marshall / 106 Comments
A Skowhegan, Maine Trump voter.

A Skowhegan, Maine Trump voter.

The quiz itself has little to do with the fact that Michael Turner is the kind of bad American, bad neighbor, bad community member and  jerk who makes Ebenezer Scrooge seem like a mensch, but ponder on his conduct anyway.  If you are one of the residents in Skowhegan, Maine   and you call Turner LP Gas in Skowhegan, Maine to buy propane to heat your home, you get this message from the owner:

“If you voted for Donald Trump for president, I will no longer be delivering your gas. Please find someone else.”

No, it’s not a hate crime, it’s just hate. It gets cold in Maine, and Skowhegan, like the rest of the state, has a lot of poor people among it’s 8500 or so residents. It also has many who are elderly and poor, for whom having to find another propane supplier may be not just inconvenient, but life-threatening. This is why we have public accommodation laws: To protect us, especially the vulnerable among us, from bigots and bullies like Michael Turner.

He is no different in his lack of decency and the void of ethical values in his soul than the racists who refused to allow black citizens to frequent their establishments before the Civil Rights Act, bridal shop owners who won’t sell wedding dresses to same-sex couples, and the innkeepers who turned away a pregnant woman and her husband long ago, on a night we celebrate soon.

Ethics Alarms has discussed this ugly phenomenon many times. The Bush administration tried to validate it by approving the so called “workers’ right of conscience, ” that permitted a wide variety of health care workers to refuse to administer treatments they found morally repugnant. President Obama, to his credit, restricted that wide-open door to division and bigotry, then allowed the rest of his years in office to exacerbate societal schisms to the point that we have large numbers of a political party trying to overturn a legal election while calling  Americans who dared to vote differently than they did racists, sexists and fascists.

A recent Ethics Alarms post titled, “Americans: End This Slippery Slope Now, Before It’s Too Late,” about a Washington, D.C. restaurant that publicly apologized for letting an alt-right group to eat there, asked,

Are all groups, families and individuals now going to be required to declare their political and ideological positions before being allowed to order a lasagna? What is an acceptable group? If there is a protest over a Black Lives Matter dinner,  will Maggiano’s apologize? If Mike Pence and his family eats there and the “Hamilton” cast protests, does that mean they will refuse to serve cannoli members of the Trump administration? Despite the fact that the protests came from progressives, the attack on the restaurant is totalitarian in substance.  What is being commanded is conformity of thought.

Ah, but the persecutors are the good guys, don’t you understand? They know they are right, so they can rationalize hurting anyone who isn’t like them. Michael Turner is this breed of citizen. I must admit, when I warned that electing Donald Trump would turn the U.S. into a nation of assholes, I didn’t anticipate that it would be assholes like Michael Turner.

There’s no quiz on this topic, for it is settled ethics that his practice of punishing neighbors for their political views stinks. No, the quiz involves the conduct of Turner’s customers:

Today’s Ethics Alarms Ethics Quiz is this…

If Turner required customers to state that they voted against Donald Trump in order to buy propane from him, would it be unethical for Trump voters to lie?

Continue reading →

Workplace Dilemma: Do You Really Want To Know What Everyone Else Is Being Paid?

/ Jack Marshall / 20 Comments
Miles Teller, who really showed THEM...

Non-La La Land star Miles Teller, who really showed THEM…

The male star of the buzzy movie musical “La La Land,” which opens next week, is Ryan Gosling. The role was originally offered to Miles Teller, who was a rising hot property and star on the threshold for acing the role of the abused drummer in “Whiplash,” like “La La Land” directed by Damien Chazelle.

But according to the people familiar wit negotiations, Teller was insulted by money he was offered,  a paltry $1 million, primarily because his putative co-star, Emma Stone,was being offered almost $3 million. After some back and forth, Chazelle replaced Teller with Gosling. Thus did Teller lose out on an a rare opportunity to make himself a major star in a film that is widely believed to be an Oscar magnet, and, of course, he won’t have that million dollars, either.

This a particularly vivid example of the ethics dilemma created by comparative salaries. I have not seen or heard of a satisfactory solution to it, from the management side or the labor side. Management would prefer that employees not know what other employees are making, and with good reason. The information can cause envy, bitterness, anger and lawsuits. Every employee has a tendency to believe they are more valuable, and indispensable, than they really are. Of course, some employers want to keep salaries secret because there are disparities that they cannot defend, or that may be illegal. While transparency is desirable to prevent unfair salary differences, however, it can make legitimate disparities untenable. Continue reading →

Americans: End This Slippery Slope Now, Before It’s Too Late.

/ Jack Marshall / 137 Comments

maggianos

Ethics Alarms has repeatedly inveighed against public accommodations that have attempted to discriminate based on customers’ social and political views. This growing phenomenon is part of the ugly legacy of division and and hyper-partisanship created by the Obama years, and it threatens to get worse. If we want an ethical society and a healthy culture, we have to unite and reject this undemocratic tendency quickly and emphatically. It literally threatens all of us.

The specific incident prompting this alarm comes from a restaurant in my region, Maggiano’s Little Italy in Chevy Chase, Maryland.

Last week, Maggiano’s was subject to a protest so vociferous that the restaurant has to shut down for the safety of employees and diners. The reason for the protest was that National Policy Institute (NPI), an alt-right group, was having a banquet there. In a grovelling e-mail to the community, Maggiano’s management wrote that

“We were not aware that NPI was dining with us or what the group represents. After the event, an attendee sent a tweet in which she made a “Sieg Heil salute” in support of Hitler and white supremacy. This expression of support of Hitler is extremely offensive to us, as our restaurant is home to Teammates and Guests of every race, religion and cultural background. We want to sincerely apologize to the community of Friendship Heights for inadvertently hosting this meeting, which resulted in hateful sentiment.”

When did it become required conduct for restaurants to investigate the liberal bona fides of a group before it could be granted leave to dine there? When did what a diner tweets after a meal become conduct a restaurant had to account for? If Maggiano’s can be bullied into apologizing for serving the NPI, why would serving any other group or organization that some group of self-righteous protesters find objectionable, fairly or not, pose a similar risk?

Put aside the Nazi salute: that’s inappropriate conduct in a public place, and the restaurant could certainly, and should, tell diners who behaved like that to leave. That’s not what the restaurant is apologizing for, however.  They are apologizing for hosting the group, despite its Constitutionally protected political views. Continue reading →

France’s Unethical—And Really, Really Stupid— “Burkini” Ban

/ Jack Marshall / 104 Comments

burkinis

I’ve received several inquiries requesting an  Ethics Alarms analysis of the current controversy roiling France, namely the so-called Burkini Ban.  Muslim women had been wading into the French Riviera surf wearing “burkinis,”  body-covering swimsuits designed to be compliant with the Islamic faith , and one resort  town after another, fifteen in all including Cannes and Nice, declared them illegal. The women entering the water wearing such attire have been ticketed for not “wearing an outfit respecting good morals and secularism.”

Well, I try not to spend much time here writing about the obvious. The ban is unethical. In the U.S., such laws would be over-turned before the arrested women’s bathing suits were dry, since the meaures violate both the First Amendment and the Equal Protection Clause of the Constitution. It should be obvious that the ban is unfair, as it is sexist, directed against one religion, and makes no sense whatsoever.

Sometimes I wonder if the French quite get this ethics thing. This is an example.

Both conservatives and many liberals in France support the ban. The conservatives, in addition to wanting to punish Muslims for recent Islamic terrorist attacks, claim  to be upholding France’s core principle of “secularity,” enshrined in the nation’s constitution. Liberals argue that the Islamic strictures against women exposing any part of their bodies in public are misogynist, patriarchal, and “regressive,” so the bans defend the rights of women…by preventing women from wearing what they choose to, observing their own religion, and taking a swim.

You see what I mean about not quite grasping the whole “ethics” thing? The equivalent argument in the U.S. would be if feminists argued that sexy bathing suits be banned because they objectified women, even when the women wearing them felt like being objectified. The Burkini Ban is, to be blunt, idiotic. Continue reading →

Unethical Headline Of The Month: The Daily Caller

/ Jack Marshall / 4 Comments

Dewey Truman

You can hardly publish a more inaccurate. misleading and dumb headline than this one, appearing on the right-wing news and opinion site, over a report by Kevin Daily about the American Bar Association passing a new addition to its Rule 8.4, the ethics rule that defines ethical misconduct, as follows:

It is professional misconduct for a lawyer to: . . . (g) knowingly harass or discriminate against persons, on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status, while engaged [in conduct related to] [in] the practice of law.

Now here is the headline:

Lawyer Lobby Will Now Disbar You For Making An Off Color Remark

And here is how unconscionably misleading and absurd it is:

“Lawyer Lobby”: The American Bar Association is a lawyer’s professional association, and sure, it does some lobbying. However, lobbying is a small, small proportion of its activities. [ Full disclosure: I usually do a couple of ethics seminars for the ABA every year.] Calling it  a lobby suggest that the ABA is primarily political, which it is not. The ABA publishes books, holds educational events, provides indispensable legal assistance to all branches of the profession, facilitates networking, issues critical legal ethics opinions, and many other useful and important services for lawyers.  One reason the ABA doesn’t lobby much is because it represents all kinds of lawyers, and being lawyers, they don’t agree on many issues.Prosecutors, judges and criminal defense attorneys have very different perspectives; so do plaintiffs lawyers and corporate attorneys. “Lawyer Lobby” is an inept and misleading description of the ABA.

“Will Now”: No. Not even close. The proper wording would be “NEVER has, can or will.” The ABA isn’t a bar, and can’t disbar anyone. Any lawyer can belong to the ABA, but the ABA doesn’t have any say in who practices law. The Robert DeNiro “Cape Fear” had an embarrassing line where a lawyer played by Gregory Peck, who should have known better, talks about making an ethics complaint to the ABA to get Nick Nolte’s character “disbarred.” Embarrassing. This part of the headline affirmatively makes Daily Caller readers stupid. Continue reading →

Ethically, Caster Semenya Points Us Directly To Gender-Free Sports Competition, And There Is No Ethical Way To Avoid It

/ Jack Marshall / 66 Comments

Caster

Ethics Alarms first mentioned female runner Caster Semenya in this essay , when the international sports community was debating the South African track champion’s fitness for competition. Caster, depending on who you believe, is either a woman, intersex, a woman with freakishly high levels of testosterone in her body, or a man who identifies as a woman. What is undeniable is that she is faster than most women, and maybe all of them, and her unique physical make-up, whatever you want to call it, gives her an advantage. Since the last Olympics, Caster has been forced to take drugs that inhibited her body’s production of testosterone.Then, in July 2015 , the Switzerland-based Court of Arbitration for Sport overturned the 2011 IAAF regulations that restricted testosterone levels in female athletes. They also suspended hyperandrogenism regulations for two years. Now Semenya will be able to compete as she is naturally, and because she will, she is widely expected to smoke the competition.

Is it fair to let her run? Is it fair not to let her run? After this year of controversy and confusion over gender, with boys and men “identifying as women” and transgender discrimination laws roiling the culture wars, this is a perfect time for an intersex champion. Then, presumably, all hell will break loose. A sports scientist tells The Guardian,

“I’m actually dreading the Olympics. People only want to hear a good story so when Semenya wins gold the South African media will go crazy. If she breaks the world record, which I think she will, it’ll be even crazier. You can lie and say: ‘Happy days. Let’s celebrate our golden girl’ – which the politicians and media want. Or you can be honest and principled and say: ‘Actually, there are many things we need to address.’ That’s very unpopular”

Society and sports have reached the point  the ethical solution is obvious and unavoidable, and, unfortunately, brutal. If society is accepting the fact that a binary gender distribution is a myth, and there may be seven, ten, or dozens of gender variations along a spectrum, then integrity and consistency—and fairness—demands that gender distinctions in sport be eliminated as arbitrary. Continue reading →

I LOVE This Story! If You Don’t Love This Story, Something’s Wrong With You…Or You’re A Mainstream Media Journalist

/ Jack Marshall / 25 Comments

pointing and laughing

Following the Orlando terror attack, Chicago Sun-Times columnist Neil Steinberg, convinced that the attack wouldn’t have occurred if only we had sufficient gun regulations, decided to demonstrate how easy it would to obtain an AR-15 in Illinois. [This was already a bad start to his investigative reporting, since Steinberg didn’t investigate the gun used in Orlando: it wasn’t an AR-15. Then again, since anti-gun zealots don’t care about such details (“All guns BAD”) and low-information citizens still trust the news media not to misinform them, this didn’t matter to the reporter. But I digress…)

A background check was triggered by Steinberg’s application for the weapon,  and he was rejected. It seems the reporter had an “admitted history of alcohol abuse,” and there was a charge for domestic battery on his record.

Isn’t that wonderful?

Children: here is the meaning of “to be hoisted by your own petard.” Say thank you to Mr. Steinberg! Continue reading →

Not Surprisingly, The Marines Pass An Integrity Test

/ Jack Marshall / 13 Comments

Marines pull-up2

In 2013, I wrote about what appeared to be a retreat by the Marines in the face of pressure to admit more women into the Corps. At the time, it looked like the Marines would be joining a shabby parade.

For example,  some fire departments have allowed political correctness, feminist threats, irrational diversity ideology and fear of “disparate impact” lawsuits  to lead to their lowering of fitness standards to allow more women to be firefighters, if weak and dangerously unqualified ones.

The USMC is having none of that, apparently, despite itys tactical delay in 2013. Accepting the new policy that now allows women to qualify for combat duty, the Marine Corps has established new fitness requirements that have weeded out six of seven female recruits as well as forty out of about 1,500 male recruits who failed to pass the new regimen of pull-ups, ammunition-can lifts, a 3-mile run and combat maneuvers required  to be certified combat-ready.

That’s fine. It would be fine if 6 out of 7 male recruits failed. There should be no affirmative action when diversity for diversity’s sake results in a less effective work force regardless of the tasks involved, but especially when putting thumbs, fists and feet on the scales will get people killed.

In fact, in a decade or so, when gene splicing, changing cultural norms, elective breeding and the unconditional surrender of the male gender in the War Against Women results in the average American woman being 6’2 and looking like this… Continue reading →

When You Consider The Wisdom Of Obama’s Campaign To Destigmatize Felons, Please Also Consider Felicia Menge Kelley

/ Jack Marshall / 37 Comments
Portrait of a justice-involved individual...

Portrait of a justice-involved individual…

As it attempts to bolster its political support by sucking up to convicted criminals and their families, the Obama administration has been incrementally making it more difficult to distinguish felons from law-abiding citizens, arguing that once they have paid their debt to society, maybe they are no different. HUD, carrying out the Obama administration’s new theory that felons are just plain folks,  has decreed that landlords risk federal investigations if they reject rental applicants based on the applicant’s undisputed criminal record in newly-released guidelines. 

The Justice Department and the Department of Education are now using a euphemism to make convicts and those with rap sheets sound like they have a hobby: the new cover-phrase is “justice-involved individuals.” (Hillary Clinton is apparently a justice-involved individual.)

The problem with all of this is that being convicted of a felony is not like catching a cold, and often provides a strong clue that the individual involved is not quite as trustworthy as the boy scout or girl scout next door. Take, for example, this story:

From the ABA Journal:

A woman with a history of financial crimes in multiple states got a job as an office manager and bookkeeper for a North Carolina law firm, after a background check failed to pick up her earlier convictions under a different name.

That resulted in a loss of more than $150,000 to the firm, Yow, Fox & Mannen, District Attorney Ben David of New Hanover County told the Port City Daily. The firm’s now-former employee, Felicia Menge Kelley, 44, pleaded guilty on Tuesday to one count of embezzlement and was sentenced to a prison term of between 82 and 111 months, the newspaper reports. She will also be required to pay over $145,000 in restitution.

Kelley, who has previously worked for other law firms in the Jacksonville area, was convicted earlier under the name of Felicia Dawn Menge…

But I’m sure she’s just an exception to the rule…and gives a bad name to decent, hard-working, justice-involved individuals. It’s not like they are criminals or something.

 

 

Ethics Quiz: The Pregnant Bar Patron

/ Jack Marshall / 71 Comments
"Boy, its a good thing nothing human is living in there!"

“Boy, its a good thing nothing human is living in there!”

This one is so rich with chewy ethical dilemma goodness that I had to interrupt writing another post to get it to you.

New York City’s Commission on Human Rights has ruled that bars and restaurants that refuse to serve alcohol or raw fish to pregnant women are committing discrimination. Such a policy by bars and restaurants  violate protections for pregnant women in the city’s Human Rights Law, and constitute illegal bias.

“While covered entities may attempt to justify certain categorical exclusions based on maternal or fetal safety,” the commission said, “using safety as a pretext for discrimination or as a way to reinforce traditional gender norms or stereotypes is unlawful.”

Interestingly, eighteen other states have laws that declare that the use  of alcohol during pregnancy is child abuse.

Your Ethics Alarms Ethics Quiz:

Is it ethical to refuse to sell liquor to a pregnant woman, when the establishment is doing so to protect the fetus from the toxic effects of alcohol, or is it unethical discrimination?

Continue reading →