fairness

Unethical Manager Writes Advice Columnist For Affirmation, Gets Head Handed To Him.

/ Jack Marshall / 25 Comments

mr-potter

Well and rightly done, Allison Green!

Allison Green, a management advice blogger, received this jaw-dropping question from a relative of Mr Potter:

I manage a team, and part of their jobs is to provide customer support over the phone. …One employee asked to come in two hours after the start time due to her college graduation ceremony being that same day (she was taking night classes part-time in order to earn her degree). I was unable to grant her request because she was the employee with the lowest seniority and we need coverage for that day….I told this team member that she could not start two hours late and that she would have to skip the ceremony. An hour later, she handed me her work ID and a list of all the times she had worked late/come in early/worked overtime for each and every one of her coworkers. Then she quit on the spot.

I’m a bit upset because she was my best employee by far. Her work was excellent, she never missed a day of work in the six years she worked here, and she was my go-to person for weekends and holidays.

…I want to reach out and tell her that quitting without notice because she didn’t get her way isn’t exactly professional. I only want to do this because she was an otherwise great employee, and I don’t want her to derail her career by doing this again and thinking it is okay. She was raised in a few dozen different foster homes and has no living family. She was homeless for a bit after she turned 18 and besides us she doesn’t have anyone in her life that has ever had professional employment. This is the only job she has had. Since she’s never had anyone to teach her professional norms, I want to help her so she doesn’t make the same mistake again. What do you think is the best way for me to do this?

He also said that on one occasion he had granted a similar request “because they had concert tickets that they had already paid for, but this was a special circumstance because there was cost involved.”

!!!!!

Before showing you Allison’s response, here’s mine: Continue reading →

The Latest Trump Embarrassment: You See, Donald, Hanlon’s Razor Provides No Protection To Presidential Candidates…

/ Jack Marshall / 12 Comments

Star of David

Writing about the latest Donald Trump controversy, blogging professor Ann Althouse concluded…

This is either a revolting outrage or shocking incompetence.

Social media critics, Democrats, Jews here and in Israel and journalists who enjoy interpreting every Trump communication in the worst possible light were (and are) foaming with anger and indignation over the above re-tweet by The Donald, whose long-used press nickname is on the way to being officially changed to “The Lunkhead.” In case you are as insensitive and ignorant as he apparently is, that’s six-pointed star in the graphic, superimposed on a background of cash and referencing Hillary’s corruption. The six-pointed star, the Star of David, is associated with the Jewish people, culture and faith. When one links that symbol to money and corruption, you have the classic elements of anti-Jewish hate and bigotry. Here is a sampling of the online commentary on what some pleasantly refer to as Trump’s latest “unforced error”: The Verge, The American Spectator, The Atlantic, Hot Air, RedState, Raw Story, The Times of Israel, Gothamist, CBS New York, Mediaite, Little Green Footballs,  and ThinkProgress. Continue reading →

Ethical Quote Of The Week: Relationship Advice Columnist Carolyn Hax

/ Jack Marshall / 11 Comments

befriend-v-t-to-make-an-ingrate-quote-1

“[I]t’s time you made the acquaintance of an institution we all must embrace at some point in life: the thankless task. That’s how you file away changing a baby’s diaper, paying your taxes, visiting a relative turned cranky from infirmities, throwing in extra toward the tip because everyone else left the table. You do these because they’re the right thing to do, even though babies don’t sit up and say thanks for the squeaky-clean butt.”

—–Syndicated advice columnist and natural-born ethics whiz Carolyn Hax, answering a young woman’s question regarding the proper response to someone who should have thanked her for a kindness, but did not.

The letter writer was a high school athlete who, like most high school students today, had never been introduced to the satirical wisdom of philosopher/humorist Ambrose Bierce in his indispensable “The Devil’s Dictionary.”  The young woman had organized a senior night tribute to a graduating teammate, who then expressed no gratitude after the event.

“I am not sure whether or when I should broach the subject. Am I being needy and selfish, or do I have a legitimate case for feeling disowned?” she queried Hax.

As she is about 98% of the time, the columnist was spot on in her response. Doing good things and right things do not assume some kind of quid pro quo, cosmic or otherwise, in this  world or a subsequent one. Learning to feel good about doing the right thing whether you are praised, rewarded, thanked, or derive any tangible benefits yourself is one of the hardest lesson on the way to ethical living, and one of the most important. No, you shouldn’t assume that you will be treated unfairly, as Bierce suggests. As he meant to warn you, however, you shouldn’t be surprised, either.

Do not expect karma, or justice, or thanks—don’t even hold out for credit. Just figure out the right thing to do–how you would want to be treated, how you wish everyone would act, the conduct that will make society better for everyone by solving problems or making them bearable—and do it. Those who don’t understand that it’s also right to reciprocate by exhibiting recognition and gratitude  haven’t figured things out yet, and their ethics alarms are jammed.

Be glad yours are in good repair.

Essay: On Loretta Lynch And Fighting Cynicism And Distrust Regarding The FBI Investigation Of Hillary Clinton

/ Jack Marshall / 14 Comments

America_Falling_Apar

Warning:

This is long.

I think it’s important

In the wake of Attorney General Lynch’s acknowledgment of wrongdoing in meeting, however briefly and innocently, with Bill Clinton, some  reader comments here are redolent of the destructive distrust of government and leadership engendered by this administration and others, particularly Bill’s. Yet this attitude feeds on itself, and is to an extent a self-fulfilling prophecy. If leaders think that people expect corruption, they are less likely to shy away from it. Cynicism leads to acceptance. Of course, this is one explanation of why the tarmac meeting took place—pure arrogance and a belief that with the news media’s complicity, now virtually any degree of government dishonesty and corruption will be either effectively hidden from the public, or accepted by it.

This is untrue, still. Indeed, this episode is proof that it is untrue, though the news media did make (disgusting and ignorant) efforts to shrug off the clear appearance of impropriety represented by Lynch having a meeting with Clinton the Impeached under these circumstances. Why do I labor trying to write these essays explaining the legal and ethical context of such events if readers are so poisoned by bitterness and distrust that they can’t or won’t process them, and just default to “it doesn’t make any difference, all is shit, all is lost”?  If I believed that, I wouldn’t be spending time—work  time, uncompensated time—writing this stuff. I can earn peanuts directing professional theatrical productions: it makes people happy, gives actors work, and is a lot more fun, believe me.

Paranoia, suspicion, despair, and conspiratorial views of government, which are all these comments represent, are just forms of bias. Bias makes us stupid, and in this case, bias makes us dysfunctional as a people and fearful and miserable as individuals. Continue reading →

Freddie Gray Prosecution Update: A Law Professor Formally Accuses The Unethical Prosecutor Of Being Unethical

/ Jack Marshall / 17 Comments

finger-pointing

George Washington Law School Professor John F. Banzhaf III has filed an ethics  complaint against State’s Attorney Marilyn Mosby with Maryland’s Attorney Grievance Commission. Banzhaf accuses Mosby in his 10-page complaint of breaching Maryland’s rules of professional conduct for lawyers, which requires that a prosecutor refrain from prosecuting a charge unless it is supported by probable cause, in her conflicted and incompetent prosecution of six police officers involved in the arrest of Freddie Gray. The complaint also flags Mosby’s improper use of public statements to bias the administration of justice.

Good.

Of course he is right, as I have repeatedly explained here, here, here, here, and here. I assume there have been other complaints before this one, but he has made the issue a high profile one, and that’s excellent news.

Mosby has earned the Mike NiFong treatment: the unethical prosecutor in the Duke Lacrosse rape case was disbarred, briefly jailed, and sued. She is black, female, and a Democrat, and NiFong remains one of the very, very few prosecutors to be punished significantly for unethical conduct. I will be amazed if the commission does anything momentous or sufficient to discourage grandstanding prosecutors like Mosby in the future, even though such prosecutors are willing to ruin lives for political gain.

I hope I am wrong.

(But I’m not.)

Four Supreme Court Decisions: Abortion, Guns, Affirmative Action, Corruption…And Ethics. Part I: Fisher v. University of Texas

/ Jack Marshall / 8 Comments
Abigail Fisher: Not dark enough to get "an equal shot"

Abigail Fisher: Not dark enough to get “an equal shot”

The under-populated U.S. Supreme Court recently made four decisions on issues with ethical principles involved. This is the first of four posts reviewing the ethics implications of the decisions.

I. Affirmative Action: Fisher v. University of Texas

The University of Texas’ admissions program guarantees admission to top students in every high school in the state. It is dubbed the  Top 10 Percent program, though the percentage cutoff is flexible. A second part of the admissions program admits other students from Texas and elsewhere using standards that take into account academic achievement and other factors, including race and ethnicity. Many colleges and universities base all of their admissions decisions on such grounds. The case before the Court challenged that part of the program, and presented an opportunity for the Supremes to finally declare affirmative action unconstitutional, as previous opinions hinted they might do some day.

This was not the day, however. Justice Kennedy, writing for the majority, said courts must give universities significant but not total autonomy in designing their admissions programs, writing:

“A university is in large part defined by those intangible ‘qualities which are incapable of objective measurement but which make for greatness.’ Considerable deference is owed to a university in defining those intangible characteristics, like student body diversity, that are central to its identity and educational mission.But still, it remains an enduring challenge to our nation’s education system to reconcile the pursuit of diversity with the constitutional promise of equal treatment and dignity.”

This defines either an ethical dilemma, which the Court’s majority is punting, or an ethical conflict…which the Court majority is punting. Is diversity an ethical objective, or a practical one, that is, a powerful non-ethical consideration? It is hard to argue that diversity in a student body isn’t desirable—to enhance the educational experiences of students, to avoid having a permanent, under-credentialed underclass, to “look like America.” However, fairness and common sense argue that admitting one candidate over another who is better qualified simply because of ethnicity or race is per se wrong. I don’t blame the Court at all for not making a clean call.

As usual, President Obama described the result in simplistic terms. “I’m pleased that the Supreme Court upheld the basic notion that diversity is an important value in our society,” he told reporters at the White House. “We are not a country that guarantees equal outcomes, but we do strive to provide an equal shot to everybody.”

Thank you, President Obvious. The crux of the case, however, was what should be done when using race as a standard for admission to attain that diversity denies an “equal shot” to someone who has the misfortune to be white, like Abigail Fisher, or Asian-American. Continue reading →

It’s Time To Fire And Discipline Marilyn Mosby

/ Jack Marshall / 21 Comments
Mosby in 2015, ruining lives, pandering to the mob, and undermining justice...

Mosby in 2015, ruining lives, pandering to the mob, and undermining justice…

The third (of six) indicted Baltimore police officer charged in the death of Freddie Gray was acquitted last week, and how the rest of the trials, if they even occur, will play out is now a foregone conclusion. To be fair, this was a forgone conclusion from that moment that Baltimore City Attorney Marilyn Mosby charged the officers a year ago without sufficient justification beyond her own political ambitions, those of her husband (who is now running for mayor), racial bias and a desire to mollify rioters. Most commentators believed the charges were premature, rushed to avoid civic unrest. To say that is really to say that she allowed a mob to dictate to law enforcement. This was unethical, dangerous and despicable then, and remains so today.

If officer Caesar R. Goodson Jr., who drove the police transport van in which Gray suffered the spinal cord injury that killed him, could not be found guilty of intentionally killing Freddie Gray, nobody can. Says the New York Times,

“His acquittal on seven counts leaves the state without any convictions after three trials, in one of the nation’s most closely watched police misconduct cases — and continues to leave open the question of what, exactly, happened to Mr. Gray inside the van….Judge Barry G. Williams, who presided over the Goodson trial, issued the verdicts to a hushed, packed courtroom. He drew no conclusions about exactly when during the van ride Mr. Gray got hurt, saying there were several “equally plausible scenarios.” And he rejected the state’s contention that the officer had given Mr. Gray an intentional “rough ride” and knowingly endangered him by failing to buckle him into the van or provide medical help.” 

The prosecutor isn’t supposed to ruin the lives and careers of presumptively innocent law enforcement officials to try to find out what happened to Freddie Gray. The prosecutor is supposed to investigate until sufficient evidence tells her that a crime was committed, and the she has enough of that evidence to get a legitimate conviction. The three trials have shown that such evidence either doesn’t exist, or was never found. No, we don’t know what killed Freddie Gray, and that’s called “reasonable doubt.” 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 →

Ethics Quote Of The Week: My Friend Mark On Facebook, Politics, Community, And Fathers Day

/ Jack Marshall / 5 Comments

wisdom

In my recent essay about my Facebook friends’ reactions and over-reactions to the Orlando shooting, I referred to one particular Facebook post and my critical response to it. As I suspected, knowing that poster and his character like I do, my friend Mark commented on the essay, and followed up with this statement on Facebook. I asked if he would grant me permission to quote him, and he did.

This is an extraordinarily ethical and thoughtful man, and this is how an ethical human being thinks when emotion and non-ethical considerations become the strongest.

This is what an ethics alarm ringing sounds like.

Having suffered a near-toxic overload of Facebook this week, I’m going to give the points to Facebook and withdraw from the game for a few days. I love being here and interacting with my friends, family, and especially with those who don’t necessarily share my beliefs. Argument can be fun and challenging.

But.

We need to start being more careful with each other, especially in times of sorrow like this last week. What we forget (and what I have learned recently in myself) is that these shootings traumatize the whole country in one way or another – whether a fear of a loss of rights and liberty on one side, or increasing fear for bodily safety in our every day lives on the other. Orlando becomes DC becomes Kansas becomes California becomes . . . When American citizens die, we are – or should be – all in this together. The poisonous dialog I’ve witnessed and, sadly, participated in or instigated this week shows that I, at least, had forgotten that.

Continue reading →

From The Ethics Alarms Double Standard Files: A Brock Turner Sentence For A Predator Teacher, And Everyone Shrugs

/ Jack Marshall / 12 Comments
The predator teacher, who is much more deserving of a light sentence than Brock Turner, who should be killed, and the judge too, come to think of it...

The predator teacher, who is much more deserving of a light sentence than Brock Turner, who should be killed, and that judge too, come to think of it…

The lenient sentence Judge Aaron Persky handed to Stanford student Brock Turner for raping a drunken co-ed  enraged the social media and the public conscience, resulting in thousands of op-eds, protests from feminists and rape-culture activists, petitions, a recall effort, and most devastating of all, an Ethics Alarms post.

Last week, a 33-year old high school teacher named Lindsay Himmelspach pleaded guilty to repeatedly having sex with two minor students at the high school, and received the almost the identical sentence, from another California judge, as Turner. Himmelspach recieved three years probation and four months in jail.

I’m listening, but I hear no screams of outrage.

Huh.

The judge, Butte County Superior Court Judge James Reilley, administered the equivalent rap on the wrist that her Santa Clara colleague did on Turner because Himmelspach had no prior criminal record, she expressed remorse, and somehow he concluded that she’d never do such a thing again. (I’m sure it had nothing to do with the fact the she is hot, and the judge was thinking, “Those lucky bastards!”) Indeed, the judge didn’t even require the predator teacher to register as a sex offender, at least not yet. He’s keeping an open mind, and will decide after a separate hearing.

Hello?

Social media?

Continue reading →