fairness

Ethics Quiz: Elmo’s Problem

/ Jack Marshall / 36 Comments

And now, Muppet ethics.

Sorry, Elmo.

Kevin Clash is the voice and operator of beloved Elmo, the cute lttle red monster  on “Sesame Street.”  A young man has accused Clash of molesting him when he was a teen.  Clah denies the allegations, claining that the relationship was between consenting adults. The Children’s Television Workshop says its investigation did not substantaite the accusation; nonetheless, Clash is being disciplined for says the show, is being disciplined for “inappropriate use of company email,” and is unlikely to have his hand in Elmo any time soon, if ever again. The alleged victim is probably not through with Clash, and this could get ugly.

Your Ethics Quiz challenge, should you choose to accept it, is this:

Assuming nothing illegal is proven regarding Clash’s sexual relationship with the accuser, and it remains a “he said/he said” dispute, should Clash remain the voice and puppeteer behind “Sesame Street’s” most innocent character? Continue reading →

Comment of the Day: “The Idiot, the Ex, and the Consequences”

/ Jack Marshall / 14 Comments

I’ve been remiss in posting “comments of the day” of late; it is not a reflection on comment quality, which has been excellent, but rather on my own distractions. Here is a new one at last, from new commenter Kathryn. It appeals to me because it nails the subtext of the original post, and like most Comments of the Day, takes the original topic to the next stage of analysis. I hope we hear more from her. Here is Kathryn’s Comment of the Day on the post, “The Idiot, the Ex, and the Consequences.”

“I am waiting, perhaps overly optimistically, for culture to catch up with information availability and develop new ways of handling privacy outside of responding to information when it is made public, regardless of the source or context for that information. Everyone says/does something particularly unwise/unwell/without grace during their life. Technology is getting to the point that these moments, rather than being forgotten or a story told among friends, are fairly permanently in the public record. (The Internet is public, whatever Facebook settings attempt to convince you.) Continue reading →

The Idiot, the Ex, and the Consequences

/ Jack Marshall / 17 Comments

Denise Helms, who will probably not look like this the next time you see her if she knows what’s good for her.

My position would usually be this: for an employer to use a privacy setting Facebook post as justification for firing an employee is unfair. That applies to vacation photos of an elementary school teacher holding a beer and looking bleery-eyed at a pub, a Sunday school teacher doing a strip tease at a bachelor party, and political posts of a radical, vulgar or offensive nature. Two factors can change the equation, though. Action may be justified if the posting reasonably calls into question the trustworthiness of the employee in his or her job duties, or if the posting becomes public, subjecting the employer to embarrassment or undermining the employee’s ability to do her job, as in the naked teacher cases.

Denise Helms, the idiot referenced in the title above, posted this on her Facebook page, intended only for her closest, presumably most racist or most idiotic friends:

Continue reading →

Be Careful What You Wish For Dept.: “Occupy” May Finally Have a Plan, and Sure Enough, It’s Ethically Bats

/ Jack Marshall / 13 Comments

Oh, yes,THIS is bound to work out well…

The core of my objection to Occupy Wall Street and its progeny was and is that it never had the discipline, cohesion or communications skills to make it clear what the “movement” really wanted to accomplish, other than generally blaming all the world’s ills on the wealthy and successful. This was the reason for its failure, though Occupy fans like to say that it “succeeded” by starting a national dialogue about corporate executive salaries and the growing disparity in income levels between the richest and the poorest Americans—as if that dialogue hadn’t been ongoing long  before the first sign went up in Zuccotti Park.

Now there are signs that the Occupy bitter-enders are hard at work launching a real, substantive effort with a specific goal, albeit and insane one: to bring down the financial system with a “debt strike.” ( In These Times headlined its story about this “You Are Not A Loan.” Pretty clever!) The idea is to refuse to pay back the interest or principal on outstanding debt, and to insist that all loans and interest  be forgiven, since the debt system is inherently corrupt and rigged to transfer wealth from the poor to the rich.

We shouldn’t have to expend a lot of argument on why this is unethical. People, companies and nations in serious debt reach that point because they spend more money than they have. They borrow money promising to repay, agreeing to pay an additional fee, interest, for the privilege of using money that doesn’t belong to them. The vast majority of debt is not amassed by desperate debtors who have to deal with the equivalent of Loan Shark Larry and risk broken legs or death unless they pay unconscionable fees. Most debt comes from wanting something before you can pay for it. While laws are in place to minimize predatory lending and to provide a safety net (in the form of bankruptcy) so people and companies don’t end up destitute and in debtor’s prison, essentially the system, like society itself, exists on trust, the cornerstone of all ethics.  Lenders give their money to trustworthy loan-seekers, and charge higher interest rates to those who they deem less trustworthy. That is fair. Continue reading →

Are Employers Ethically Obligated Not To Take Advantage of Women’s Negotiation Choices?

/ Jack Marshall / 6 Comments

 

Yet another career for Shatner—coaching female job-seekers.

A recent study of 2500 job seekers indicated that men are far more likely to negotiate salary and benefits in job situations where it has no been stated that the salary is negotiable.

I am not surprised. Running non-profit organizations with limited resources, I always ended up with primarily female staffs because women would accept a lower offer than men with similar qualifications. This meant that the women got the jobs for salaries their male competition turned down. This, in turn, may have effected their salaries for a long time to come, in subsequent jobs. Is this bias?

Clearly not. The negotiations between an employer and potential employee are ethical and the conditions are known. A skilled negotiator (I am personally incompetent at negotiating my own fee; in ProEthics, my partner handles all of that) will get a better deal; a poor or reluctant negotiator will get terms more advantageous to the employer. It is not bias if the most aggressive and effective negotiators happen to be men.  Continue reading →

Porn and the NFL: In Search of A Biased Referee

/ Jack Marshall / 8 Comments

With condoms, what, 2.5 X’s?

55% of California voters decided yesterday to make porn stars wear condoms on the job—good for their health, bad for the health of the state’s booming XXX film industry. It is a reasonable guess that injecting condoms into the proceedings will put California’s porn products at a significant competitive disadvantage, and also a reasonable guess that the voters who enacted the measure couldn’t care less. So legal enterprises may go bust, their employees may lose their careers, and consumers may lose a form of entertainment they crave because of the policy priorities of those who hold all three in low regard, and who are unlikely to apply any kind of balancing standard. It’s safer for all concerned to require condoms, that’s all. Porn companies, porn careers, porn lovers—who cares about what they want? Continue reading →

The Golden Rule Sets Off An Ethics Alarm At Popehat

/ Jack Marshall / 13 Comments

I posted earlier here about the efforts by lawyers (and bloggers) Marc Randazza and Ken at Popehat to foil the despicable operators of “IsAnybodyDown?” That vile website solicits and uses nude photos of women who have not given permission for them to be posted. It often posts contact information for the women as well, and, as a final touch, promotes an alleged legal service that guarantees that it will get the photos taken down. This is a good bet, since the legal service is operated by the same two men who run the site, though it is very unlikely that the “lawyer” really exists. After Marc and Ken challenged the site, its purveyors launched another one accusing them of secretly working for pornography interests and being funded by the Mob.

These are not, in other words, nice people.

In his most recent post about their ongoing battle, Ken recounted an e-mail exchange with Chance Trahan, who founded and operates  “IsAnybodyDown?”with Craig Brittain. It is an exchange that confirms what one would assume about someone who engages in a business like his. A typical tweet from Chance to Craig reads in part, “You aren’t shit to the world you immoral fuck.” Yet Ken was moved to reflect upon even this individual’s humanity, applying the Golden Rule to and musing about how even the likes of Trahan and Brittain can have redeeming qualities. In doing so he provided as profound and lovely reflection on the ethical process of reciprocity, as well as kindness, fairness, forgiveness and empathy. With Ken’s permission, I present it here. Continue reading →

Ethics Hero: Golfer Blayne Barber

/ Jack Marshall / 15 Comments

Aspiring professional golfers can’t just join the PGA tour. They have to qualify by completing and passing PGA school.  Blayne Barber is one such golfer, and his dreams of winning tournaments and cash prizes will have to wait at least another year, if they are realized at all. He washed out this year. The way he washed out, however, is remarkable, and shows that if he does make it into the PGA ranks, Barber will be a credit to his sport.

Indeed, most pro golfers are credits to their sport, because golf has managed to hold the line against the increasing cultural acceptance of poor sportsmanship better than any of our professional pastimes, with tennis a distant second, and third place too far away to see without binoculars. This is a sport where the honor system is mandatory. One reason the tradition of self-regulation has persisted in golf may be because cheating in contests is so easy, and because there are so many ways to do it. Players find their own balls, and write down their own scores. Anyone who has seen James Bond and Auric Goldfinger take turns cheating each other in the famous grudge match from the movie knows that amateur golf can be cutthroat and nasty. The pros have built a culture that requires exemplary conduct.

Few would be this exemplary, however. Continue reading →

An Easy Ethics Call: The Flasher In The Girl’s Locker Room (UPDATED)

/ Jack Marshall / 100 Comments

Proudly defending the right to freak out little girls.

How society should treat individuals with one gender’s genitalia but who identify with the opposite gender is a question that involves much more than ethical considerations. At this point, I haven’t been able to devote sufficient thought and research to the problem to propose an answer. The current controversy of Colleen Francis, however, inspires no such hesitancy on my part, because the correct solution to that problem is purely a matter of ethics. I’ll stipulate, for the time being, that it is right, legal and proper for Colleen, a transgendered student at Olympia College in Evergreen, Washington, to use the women’s locker rooms there, despite the fact that the 45-year-old still has a complete set of male genitalia, since she identifies as a woman, and as far as the school is concerned, a woman she is. Sold. I buy it.

However, Colleen apparently likes to display her alien genitalia with abandon in the ladies locker room, despite the fact that she often is surrounded by members of a high school swim club and a children’s swimming academy, many of whom are high school age or younger, and some of whom are as young as six.

Unethical. Inconsiderate. Offensive.

Disrespectful. Irresponsible.

Wrong. Continue reading →

Mark Cuban and the Ethical Tit For Tat.

/ Jack Marshall / 8 Comments

No thank-you.

“Tit for tat” is unethical always—almost. Few ethics rules are absolute, and this isn’t one of them Sometimes tit for tat, that is, doing something unethical to someone who has done the same unethical act to you or someone else, can be justifiable, if it causes no real harm, and does some good as well. Spreading the rumor that Harry Reid is a pederast because he falsely suggested that Mitt Romney was a tax evader doesn’t qualify.  But Mark Cuban offering to donate $1 million to charity if Donald Trump shaves what is allegedly the hair on his head?

Perfect. Continue reading →