firing for cause

Yes, Catherine Gregory Should Be Fired

/ Jack Marshall / 34 Comments

Jonathan Turley is fascinated with the issue of whether  faculty members and employees generally should lose their jobs over controversial conduct outside of the workplace, particularly when it involves political speech. “There remains an uncertain line in what language is protected for teachers in their private lives,” the George Washington law professor writes. As I’ve discussed here before, I don’t think it’s nearly as uncertain as Turley does. When a faculty member’s conduct or statements on social media make an objective observer think, “No competent, professional institution would hire someone like this,” it’s bye-bye and don’t let the door hit you on the way out.

Even Turley seems to waver in this ridiculous case.

Conservative commentator Lucian Wintrich was about to speak on the topic “It’s OK to Be White”—I LOVE that topic!— at the University of Connecticut when a protestor grabbed his notes. He in turn tussled with her, causing a near riot, and campus police arrested him.  The protestor was Catherine Gregory, associate director of career services  at Quinebaug Valley Community College.

Today the University came to its senses (or realized public opinion wasn’t going to allow it to get away with its attempt at liberal fascism) and dropped the charges against Wintrich  while charging Gregory.

What should happen to Gregory?

Gregory’s lawyer, Jon Schoenhorn argues that his client was justified in her actions because Wintrich’s views constitute “hate speech” and his actions “are beyond the First Amendment” in their insults to minorities. This is obviously nonsense, and I would argue it even qualifies as a frivolous and dishonest defense, an ethical violation. Unless the man is complete nitwit, he must know that there is no excluded variety of speech called “hate speech” that the First Amendment doesn’t protect. He’s lying, or he’s too incompetent to be a lawyer. Continue reading →

Alert! Garrison Keillor Becomes The Latest Smug Liberal To Get Run Down By The Harvey Weinstein Ethics Train Wreck, And I Should Have Predicted It

/ Jack Marshall / 55 Comments

Keillor on “The Charlie Rose Show.” I bet Charley agrees with you about Al Franken, Garrison!

From the Washington Post:

Garrison Keillor, who hosted the popular radio show “A Prairie Home Companion” for decades until his retirement last year, has been fired from Minnesota Public Radio after allegations of “inappropriate behavior,” MPR confirmed in a statement Wednesday.

“Minnesota Public Radio is terminating its contracts with Garrison Keillor and his private media companies after recently learning of allegations of his inappropriate behavior with an individual who worked with him,” the statement read.

I’m not surprised. In fact, when I read Keillor’s head-exploding rationalizations for Al Franken in an op-ed yesterday, also in the Post, I thought, “Hmmmm. This sounds like the logic of a sexual harasser to me. I wonder…?” Foolishly, I didn’t post my suspicions; it was a late cut from today’s Warm-Up.

In his op-ed, “Al Franken should resign? That’s absurd.”, Keillor made the astounding illogical leap of equating the tearing down of statues of historical figures whose conduct was offensive by current standards to excusing current individuals whose conduct—in this case, sexual harassment and assaults—would be acceptable under past standards.

To facilitate this unethical argument and wishful self-applying excuse, the plummy-voiced progressive minimized the complaint of Franken’s first reported victim. I’m numbering each awful section:

Sen. Al Franken…did USO tours overseas when he was in the comedy biz. (1) He did it from deep in his heart, out of patriotism, (2) and the show he did was broad comedy of a sort that goes back to the Middle Ages. (3) Shakespeare used those jokes now and then, and so did Bob Hope and Joey Heatherton when they entertained the troops. (4) If you thought that Al stood outdoors at bases in Iraq and Afghanistan and told stories about small-town life in the Midwest, you were wrong. (5) On the flight home, in a spirit of low comedy, Al ogled Miss Tweeden and pretended to grab her and a picture was taken. (6) Eleven years later, a talk show host in LA, she goes public, (7) and there is talk of resignation. This is pure absurdity, and the atrocity it leads to is a code of public deadliness. No kidding.(8)

Yecchh.

To be more specific: Continue reading →

Morning Ethics Warm-Up, 11/29/2017: Featuring Vital Questions Such As: Will Women Now Try To Look Unattractive? Should A Hospital Employ A Nurse Who Hates White People? Is That Man Trying To Rape A Manniquin With An Ice Dildo?

/ Jack Marshall / 68 Comments

Good Morning!

1  Documented insanity. The New York Times has been on an extended binge of highlighting the suffering of deported illegal residents. I could probably post several more episodes of the Ethics Alarms “Good Illegal Immigrant ” series every week. The intellectual dishonesty of almost all of these Times stories, like the pro-illegal immigrant movement itself, is impressive. Essentially, they all can be reduced to, “Isn’t it terrible that these lawbreakers have to endure the consequences of their own actions?”

Complementing these stories are periodic opinion pieces like “ICE’s Courthouse Arrests Undercut Democracy,”‘ by César Cuauhtémoc García Hernández, an associate professor of law at the University of Denver. He writes a pro-illegal immigration blog, identifiable in motive by its habitual use of the cover word “migrant” to mean “illegal immigrants” and the deliberately misleading word “Immigration” to mean “illegal immigration.” Hernández’s op-ed’s argument follows as the night follows day:

“In El Paso, ICE arrested a woman moments after she requested a court’s help keeping away an abusive partner. Fear and uncertainty caused by this type of courthouse arrest are already keeping people away from the halls of justice. In Denver, the city prosecutor gave up on four domestic violence cases because the victims said they were too afraid of ICE to appear in court. In a nationwide survey conducted in April by the nonprofit Tahirih Justice Center, four out of 10 social service providers working with immigrant survivors of abuse said they had clients who had abandoned legal claims because of fear of what will happen if they call the police or go to court.”

Wait: why were these people afraid of ICE? By immigrant survivors, doesn’t Hernandez mean illegal immigrant survivors? If he does, why doesn’t he say so? His favorite terms are “unauthorized” immigrants, and here and there “undocumented” immigrants, poor things. Whatever happened to their documents?

It’s not a threat to democracy if illegal immigrants are afraid to come to court. They should be afraid to come to court. They should be afraid to take advantage of any aspect of  our government or American society. Underlying the professor’s claimed concern for democratic institutions is his contempt for the rule of law. He wants to blur the distinction between illegal and legal immigration to the vanishing point. He quotes the California chief justice as she writes that “the vast majority” of “undocumented immigrants” “pose no risk to public safety.” Is that the desired standard for law enforcement now? As long as a known law-breaker poses no risk to public safety, he or she should be immune from arrest when they turn up in court?

The Times is apparently committed to bombarding its readers with this unconscionable position in perpetuity: our monstrous government has decided to enforce its immigration laws, and the very fabric of our democracy is threatened as a result.

2. CNN Tales.   On a related note, this morning I saw a slick TV ad on CNN supporting “Dreamer” legislation. The terms “illegal,” and even the cover words “undocumented” or “unauthorized” were never used, as various Presidents were shown extolling “immigrants.” “Dreamers” were described as “immigrants” who came here as children.

An ethical broadcast news organization should not accept money to run ads that intentionally misinform its viewers.

But THIS is CNN!…and so is this:  A CNN spokesperson told Politico…
Continue reading →

Morning Ethics Warm-Up, 11/20/17: Harvard Hypocrisy, Homely Actors, Horrible Apologies, And The Head Of Apple’s Diversity Program Lands On A Pike

/ Jack Marshall / 25 Comments

Good Morning.

1 And The Harvey Weinstein Ethics Train Wreck rolls on…The Harvey Express ran over several more notables in various ways last week (like Lena Dunham…). Although Senator Al Franken got most of the publicity. One was actor Jeffrey Tambor, the long-time character actor turned star of the streaming show “Transparent,” about a transgender woman. Tambor’s former assistant, eager to pick up her #MeToo brownie points even at the risk of throwing the entire “Transparent” cast and staff out of work (this is another reason why these matters are more ethically handled privately), accused the actor of lewd comments and in one case “pressing up against her.” Now Tambor, and almost certainly the hit show, are, as Jeff Flake would say. “toast.”

This weekend I crafted the apology Franken should have offered, but as bad as the one he actually offered was, it was arguably better than what Tambor came up with:

“For the past four years, I’ve had the huge privilege — and huge responsibility – of playing Maura Pfefferman, a transgender woman, in a show that I know has had an enormous, positive impact on a community that has been too long dismissed and misunderstood.

I know I haven’t always been the easiest person to work with. I can be volatile and ill-tempered, and too often I express my opinions harshly and without tact. But I have never been a predator — ever.

I am deeply sorry if any action of mine was ever misinterpreted by anyone as being sexually aggressive or if I ever offended or hurt anyone. But the fact is, for all my flaws, I am not a predator and the idea that someone might see me in that way is more distressing than I can express.”

On the Apology Scale, this combines the worst features of a #9, a “non-apology apology,” with #10, an “insincere and dishonest apology,” with some other obnoxious features thrown in for bad taste.  Tambor begins by patting himself on the back–-I’m the star, and it hasn’t been easy, but look at all the good I’ve done!—then moves on to Rationalization # 19. The Perfection Diversion: “Nobody’s Perfect!” or “Everybody makes mistakes!”

Next, he engages in deceit, stating that he’s never been a predator, which is like saying he’s never been a race car driver or an antelope. He’s accused of sexual harassment and one incident of sexual assault. What his statement amounts to a non-denial denial: “I never did what she’s accused me of doing more than once!”

Yecchh.

2. “Because sometimes they say yes…” It is no coincidence that Tambor, Franken and Weinstein all come from the performing arts world and all are very homely men. I have observed in my own theater experience that the most aggressive violators of the boundaries of restraint and decorum in interactions with women in a theatrical settings are frequently the guys who are unattractive and feel  that it they don’t take chances, they’ll die a virgin. It is astounding how aggressive some of them are, and how resilient they remain after rejection and even physical abuse. If they fail a hundred times and succeed once, that’s positive reinforcement enough. If, through talent, hard work and luck, such individuals reach a level of power in the performing arts profession, sexual harassment is an established behavior pattern that doesn’t set off their ethics alarms at all.

3. It’s NOT OK to be white? Denise Young Smith, Apple’s first vice president of diversity and inclusion and an African-American, was part of a  panel discussion on fighting racial injustice eat the One Young World Summit in Bogotá, Colombia. At one point she said,

“Diversity is the human experience. I get a little bit frustrated when diversity or the term diversity is tagged to the people of color, or the women, or the LGBT…there can be 12 white, blue-eyed, blonde men in a room and they’re going to be diverse too because they’re going to bring a different life experience and life perspective to the conversation.” 

Apple fired her, six months into her new role after 20 years successfully running Apple’s international Human Resources department. Smith did not have the integrity to stand by her words, and instead tried a desperate Pazuzu grovel, apologizing and saying that her words “were not representative of how I think about diversity.”  It didn’t work. Continue reading →

Ethics Lessons Of The Dallas Prosecutor-Uber Driver Confrontation

/ Jack Marshall / 25 Comments

Dallas prosecutor Jody Warner was fired from her job in the Dallas District Attorney’s office for an ugly—and subtantially recorded—argument with an Uber driver.

“Although criminal charges have not been filed, her behavior is contrary to this office’s core principle of integrity, and it will not be tolerated,” the DA’s office said in a written statement. “As public servants, we represent the people of Dallas County and are examples of justice, professionalism, and ethical behavior both inside and outside of the courtroom.”

What happened?

Yikes.

Uber driver Shaun Platt said he picked up Warner, 32, at a Dallas bar. He knew pretty quickly that he had a drunk on his hands, as she yelled at friends out the window when she got in his car. Warner directed him to take a different route from the one his GPS suggested, and he got lost.

“I said, ‘Should I make a left up here?’ and she refused to answer me,” Platt said. “She said, ‘You can follow the fucking GPS’ and she became increasingly angry, even though I was just trying to get her home.” Warner continued berating him, and, he claims, slapped his shoulder. At that point, he pulled his car over, ended the Uber app, and ordered her out.

But the prosecutor refused, threatening that he was “never going to work again” and that she “knows people.”  “Who are they going to believe? I’m a district attorney,” Platt says she told him. (Unstated but understood: “And you’re just a dumb Uber driver!’) At that point he called 911 and started recording her comments on his cell phone.

Highlights:

  • “Oh, my God, you’re going to regret this so much.Just take me home, dude. … Either drop me off at my house, or we’ll wait for the cops because I’m not wrong.”
  • “You’re a fucking idiot.We’ll wait for the cops then if that’s what you think is appropriate.”
  • “Oh my God, you’re an idiot. You are a legitimate retard. I want to go home so badly but you’re so stupid I want the cops to come so that they can fuck you up, that’s what I want.”
  • “Dude, everything’s being reported.I’m an assistant district attorney so shut the fuck up.”
  • “I think this might be kidnapping right now, actually.”

After that statement, the non-lawyer Uber driver correctly made the salient legal point that since he had asked her to leave, and she was free to leave, “It’s not kidnapping, ma’am.”

She replied, “No, it is because there was an Uber that had a destination and you have not taken me to that destination. You’re holding me here, so please take me to that destination.”

Oh..huh? Continue reading →

Morning Ethics Warm-Up, 11/6/17: Oh, Great, A Predictably Dishonest Post-Shooting Response, While Democrats Defend Conflicts, Corruption And Stereotyping

/ Jack Marshall / 85 Comments

Good Morning!

1 I thought the weekend’s violence story was going to only be Senator Rand Paul getting attacked and beaten up by his next-door neighbor, a frustrated socialist, but no. Then we learned that a madman in Sutherland Springs, Texas had opened fire on a church congregation and killed at least 26, wounding another 30 or more.

It now appears that the shooter was not permitted to purchase or own guns, which means that no law, short of gun banning and confiscation—good luck with that in Texas—could have prevented the massacre. Nevertheless, the immediate—can I say hair-trigger?—response from predictable anti-Second Amendment demagogues came in waves. Notable was the country’s #1 demagogue—and yet she persists!—Bay State Senator Elizabeth Warren, who in successive tweets signaled her gun-fearing virtue to gentle progressives, presumably the ignorant ones:

“I’m heartsick for the victims, families & community of Sutherland Springs. But I’m more than heartsick – I’m angry…How many more people must die at churches or concerts or schools before we stop letting the @NRA control this country’s gun policies?…How many kids must die of gun violence on playgrounds & streets every day with no attention at all before we wake up to what’s happening?…Thoughts & prayers are not enough, GOP. We must end this violence. We must stop these tragedies. People are dying while you wait.”

What does this mean? All it means is “Do something! ARRGH!” That is not a mature, rational, professional and responsible reaction from an elected official. The other thing it means is “repeal the Second Amendment,” which is the anti-democratic position of most of Warren’s supporters and followers. Since this episode would not have been prevented by anything but preventing the availability of guns nationwide, except, of course, to the government the public does not trust, Warren is doing nothing more nor less than blaming Republicans and the NRA for a lunatic’s rampage no one could have foreseen or prevented. This, in turn, ramps up the partisan and ideological hatred and division that has been the strategy of Democrats for a full year now, and that leads to Republicans being shot on baseball fields, Senators being mauled by socialist neighbors, and maybe even some mass shootings.

Then we have the muddled and useless “thinking” conveyed by this kind of fatuous commentary, which, to summarize, argues that we need “new ideas” and that a single maniac’s single act from motives nobody yet knows tells us that the rest of the public is devoid of optimism and hope. The author’s candidate for a “new idea”? “Maybe we need to start thinking about guns the way one physician has started thinking about opioids.”

Or maybe we should take a gun apart, put it in a brown paper bag, spin it over our heads and scream like a chicken. Although that’s not exactly new…

On the conservative side, gun defenders are making great hay out of the apparent fact that the killer was pursued and perhaps killed by legally gun-toting church neighbors. That’s moral luck, and nothing more.

2. The Democratic Party really is doubling down on its denials of Donna Brazile’s not-quite-whistle-blowing-since-the game-she-helped-try-to-cheat-in-was-over- a-year-before -she-blew. Amazing. I heard Robbie Mook, Hillary’s incompetent and corrupt former campaign manager, argue that Bernie’s campaign could have bought into the DNC too, so Brazile’s accusation is unfair. The agreement that gave the Clinton campaign control over the DNC was cut in 2015, before the Sanders campaign was anything but a hope, a prayer, a lark and a shadow. Of course Clinton had money: she had been gathering a coronation war chest for years. This was a bright line, classic, conflict of interest by the Democrats, and one that created a terrible appearance of impropriety (because it WAS improper) , except that it was kept a secret. That the Democrats deny this indicates that they don’t know what is inappropriate, and don’t see anything wrong with conflicts of interest as long as they suit their needs.

In other words, the party is corrupt, and likes it that way. Continue reading →

“U.S. Race Relations Have Finally Reached The Point Where They Make No Sense Whatsoever” Sunday #3: The Transgender Racist Model

/ Jack Marshall / 46 Comments

As they say, gender may only be skin deep, but ugliness goes to the bone…

Munroe Bergdorf had just been hired by L’Oreal , with great fanfare, as its first trans model. So she immediately inflicted Facebook with an anti-white rant in the wake of Charlottesville, writing,

“Honestly I don’t have energy to talk about the racial violence of white people any more. Yes ALL white people.

Because most of ya’ll don’t even realise or refuse to acknowledge that your existence, privilege and success as a race is built on the backs, blood and death of people of colour. Your entire existence is drenched in racism. From micro-aggressions to terrorism, you guys built the blueprint for this shit. Come see me when you realise that racism isn’t learned, it’s inherited and consciously or unconsciously passed down through privilege.

Once white people begin to admit that their race is the most violent and oppressive force of nature on Earth… then we can talk. Until then stay acting shocked about how the world continues to stay fucked at the hands of your ancestors and your heads that remain buried in the sand with hands over your ears.”

L’Oreal fired her. Of course they did. There isn’t an international consumer corporation on Earth that wouldn’t fire her.

Incredibly, the model was indignant. In another post and in various interviews, she, and her  defenders in print, claimed disingenuously that she had been quoted out of context.  Having insulted a substantial portion of humanity, now Bergdorf is insulting everyone else’s intelligence. “All white people” are involved in racial violence is wondrously unambiguous no matter what the context is. So is “racism isn’t learned, it’s inherited” and demanding that white people must admit ” that their race is the most violent and oppressive force of nature on Earth.” There’s no ambiguity. This is racist hatred, and nothing else. Continue reading →

How To Get Fired And Deserve It, By Washington Post Writer Fredrick Kunkle

/ Jack Marshall / 8 Comments

I’m sure some will consider Washington Post writer  Fredrick Kunkle some kind of a hero, a whistleblower and a truth-teller. He isn’t.

Kunkle authored a frontal attack on his boss, Post owner and Amazon gazillionaire Jeff Bezos, in another publication, the Huffington Post. He doesn’t allege any illegal activity or genuine abuse. he just doesn’t like the way Bezos runs his business. His screed, and it is a screed, comes down to a labor vs management, anti-capitalist, crypto-Marxist bill of particulars arguing that Bezos has so much money he should spread more of it around to his employees.  Probably he should, but an employee who is being paid by such an individual is not ethically situated to make that accusation in public. This is disloyalty, and an intentional effort to harm his employer.

‘Bye!

What seems to have set Kunkle off was Bezos asking his Twitter follower how he should expand his philanthropic efforts:

But as Bezos, whose worth now exceeds $80 billion, loosens his pockets, it’s important to put his charitable giving — and the philanthropy of the super-rich — into perspective: Many people worked hard for Bezos to help make him so rich, and he has a record of treating them poorly. Amazon’s history of dodging taxes, its mistreatment of workers, and its ruthlessness toward even the smallest competitors have been well documented. It put ambulances outside distribution centers rather than install adequate air conditioning. It broke up a union organizing effort by closing the call center and dismissing everyone who worked there. The New York Times documented its punishing work environment in a front-page exposé. The company’s actions, as Forbes put it, hark back to an earlier time when workers were treated as “replaceable cogs in the machine.”  

“Replaceable cogs in the machine” means “if you don’t like it here, there are many equally qualified people who would love to have your job.” That is certainly true of the struggling newspaper industry. He calls his boss a tax dodger (if you avoid taxes using legally available means and laws, you aren’t “dodging” anything); ruthless, an abuser of workers, and most questionable of all, uses a New York Times  exposé as gospel. The Times is the Post’s rival. Its hit pieces on Bezos are hardly objective; heck, almost nothing the Times writes is objective (nor the Post, for that matter.) Continue reading →

Comment Of The Day: Morning Ethics Warm-Up, 9/1/17: …A Sarcastic Cop

/ Jack Marshall / 25 Comments

The news item involved a Georgia traffic cop being fired for a dash-cam video showing him sarcastically telling  a DUI motorist who was resisting his requests on the grounds that she had seen videos of police shooting unarmed motorists, “But you’re not black! Remember, we only kill black people. Yeah, we only kill black people, right?”

My post took the position that in the current environment for police departments, the officer had to be fired despite hsi obvious intent. Esteemed long-time commenter Charles Green articulated the opposing view, which I must admit is more ethical than mine on its face. I wonder if it is realistic, but I’m thinking, Charlie, I’m thinking.

Here is Charles Green‘s Comment of the Day on the post, Morning Ethics Warm-Up, 9/1/17: Richard Simmons, Stilettos, A Sarcastic Cop:

Regarding the sarcastic cop: as I’ve said many times in this column, I think comments have to be understood in context. This is no different.

As you note, it was obvious from the context what he meant. I’ve made the point numerous times about “black lives matter,” and about how the same words when uttered by black people have different meanings when uttered by white people.

I think this is the same. If it was obvious what he meant, then why should we defend the police department for bowing to perceived PC implications? The department should back him up and make an intelligent, forceful statement about how cops are required to make on-the-spot judgments about the individual in front of them, and not be slaves to the perception outside.

I wouldn’t even have fired him, much less go after him to make an example. By that logic, all the statues should come down (which I don’t agree with either).

Morning Ethics Warm-Up, 9/1/17: Richard Simmons, Stilettos, A Sarcastic Cop, And The Post Sides With Palin

/ Jack Marshall / 47 Comments

GOOD MORNING SEPTEMBER!

1.Good riddance to August, which had the worst fall-off in traffic here relative to the previous year of any month in Ethics Alarms history. I only have theories, the main one being that last August’s surge was an anomaly fueled by the Presidential campaign and the fact that Ethics Alarms was analyzing the ethics deficits of Hillary, Trump, the news media and both parties in roughly equal measure, since they were misbehaving in roughly equal measure.  Since “the resistance” and their allies in the news media, academia and elsewhere decided to reject democratic institutions like elections and the office of the Presidency in their revulsion, and mount a dangerous perpetual assault on the President with the objective of  undermining his leadership and having him removed extra-Constitutionally, the left-leaning end of the blog-reading pubic has become rigid and unyielding, and unable to tolerate even considering any position but their own. I’m seeing it on Facebook, every day. Their position is indefensible on the facts, so they find any critical analysis of their conduct and attitudes unpleasant. Then again, it could be because Google is burying my posts for being insufficiently politically correct, or because I suck.

2. Here’s a perfect example of the kind of ethics issue that only deserves Warm-Up status: Melania’s shoes as she boarded Air Force One on the way to  Houston.

(She was in sneakers when she landed, and was mocked for that, too.)

The New York Times and other Trump-Hate news sources actually thought this fashion choice by the ex-model was worthy of criticism. In Melania Trump, Off to Texas, Finds Herself on Thin Heels , Vanessa Friedman spend hundreds of words dissecting how the stilettos were “a symbol for what many see as the disconnect between the Trump administration and reality.” Apparently the First Lady broke the “No high heels when leaving a disaster” rule in the First Family Ethics Manual. Letter writer Dennis Donalson correctly chided the Times, writing in part,

The fact that she wore high heels when boarding a plane, regardless of her destination, is not newsworthy. Sometimes a cigar is just a cigar and shoes are just shoes, not “the go-to stand-in for more nuanced, complicated emotions and issues.” Give Melania, and us all, a break.

Dennis notwithstanding, I’ve decided stories like this are wonderful: they are smoking gun evidence for anyone who isn’t similarly deranged that the news media is so consumed with anti-Trump mania that it is literally unable to determine what is or isn’t fair, proportionate and reasonable coverage. If the Times thinks Melania’s shoes are such a big deal, no wonder it goes nuts over what the President says to the Boy Scouts…and no wonder it is no longer reasonable to accord such a paper any credibility or respect at all. Continue reading →