Tag Archives: gender bias

Election Day Ethics Warm-Up, But Mostly What Yesterday’s Warm-Up Would Have Been If My Whole Day Hadn’t Spun Wildly Out Of Control…

Good Morning, Voters!

1. From the “bias makes you stupid” files. Yesterday two smart, once reasonable Massachusetts lawyers of the female persuasion debated me regarding the appropriateness of Dr. Blasey Ford’s late and unsubstantiated hit on Brett Kavanaugh. They were obnoxious about it, too, rolling their eyes and giggling to each other at my position, with one saying that I sounded like her “Southern friends.” I like them both, but a better example of how bias makes you stupid could hardly be devised. Their primary reason why Blasey Ford’s suddenly recalled trauma from the distant past should have been allowed to smear a qualified nominee for the Supreme Court in nationally televised hearings was this: women and girls in those les-enlightened days had good reason not to report rape and sexual assault, as they often were not believed and because a “boys will be boys” attitude prevailed in the culture. Moreover, they said, almost in unison, women still have good reasons not to report sexual assault. “Do you have daughters?” they asked, “gotcha!”-style.

To anyone whose ethics alarms are in good working order and who recognizes the difference between an emotional argument born of gender and partisan alliances and a good one, the rebuttal is obvious and comprises a general ethics principle:

One person’s misfortune, no matter how tragic or unjust, never justifies being unfair or unjust to somebody else.

Accusing anyone of anything three decades after the alleged incident is unfair.

Publicizing an allegation that cannot be verified and for which there is no supporting evidence is unfair.

Using alleged misconduct as a minor to impugn the character  of an adult and a professional with an unblemished record of good conduct is unfair.

Dispensing with a presumption of innocence under any circumstances is unfair.

Dispensing with due process under any circumstances is unfair, because due process is itself fairness. (The two lawyers kept saying that this was not a trail so due process was not involved. The argument is either disingenuous or ignorant. Due process just means procedural fairness, in any context.)

Punishing one individual male for the fact that other males have escaped accountability for sexual misconduct is unfair-–and illogical.

Giving special considerations to one individual female because other females have been unfairly treated regarding their allegations is unfair—and illogical.

The two female lawyers kept saying that my position is a conservative one. It is not. It is not an ideological position in any way, though their position certainly is. May they regain intellectual integrity soon. And I forgive them for being so utterly insulting during our debate.

2. This is essentially a Big Lie argument from Vox: Ezra Klein, Vox creator, tweeted,

I don’t think people are ready for the crisis that will follow if Democrats win the House popular vote but not the majority. After Kavanaugh, Trump, Garland, Citizens United, Bush v. Gore, etc, the party is on the edge of losing faith in the system (and reasonably so).

An esteemed commenter recently accused me of being unfairly dismissive and insulting when a commenter dissents. That’s occasionally true but not generally true, and one circumstance where I may become dismissive and insulting is when a position is indefensible, like this one. It is either dishonest or so obtuse that no one capable of writing it down should be trusted again. Continue reading

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Morning Ethics Warm-Up, 6/13/2018: Everybody’s A Critic!

Good morning!

(That almost came out “good monging”…not a propitious sign)

1.  Diversity ethics:  The concept that somehow there are sinister motives and undesirable results any time an occupation settles into a demographic mix that isn’t four-square with that of the general population is one more bit of ideological cant. In London, U.K, the mayor has decreed it a crisis that the population using bicycles is disproportionately white, and has  said he is considering setting diversity targets for London’s cycling population to ensure that “progress was achieved.” I liked Amy Alkon’s disgusted reaction to this whole issue, as she asked how  gender equality would be achieved in fields where women show little interest in participating for a variety of reasons, including a greater interest in a work-life balance. How is this artificial PC “diversity goal” going to be achieved, she asks…” Force women at gunpoint to become cardiologists, oil rig workers, and garbagepersons? Force men at gunpoint to become veterinarians and kindergarten teachers?”

Reader (and volunteer Ethics Alarms proof-reading czar) Pennagain just sent me an article about the relative lack of female movie critics (minority movie critics are also under-represented among Hispanics, blacks and Asians. (I would also bet that they are disproportionately gay, but the study discussed didn’t check that, apparently.) Now unlike, say, female  “garbagepersons,” female movie critics predictably have a point of view that would make a substantive difference in film reviews, so I cannot brush aside this particular imbalance with “So what?” Instead I will ask, “What’s stopping them?” Anyone can be a movie critic now: all you need is a website, some dedication, and, one hopes, some understanding of film and culture. Now, being paid as a film critic is a little trickier.

Here is the Wikipedia entry on the New Yorker’s Pauline Kael, still perhaps the most famous U.S. film critic, whose long-lasting prominence, success and influence (I hated her reviews most of the time–overly political and biased, with whole genres she didn’t understand—“guy movies” like Westerns and horror films, that she sniffed at as beneath her) should have inspired more women to enter the field, but didn’t. I presume there is a reason for that, such as that spending your life watching multiple movies a day including many you wouldn’t be caught dead at if it wasn’t mandatory isn’t an attractive career choice, especially if you want a family.

2. From my sexual harassment files...I just rediscovered this, a sexual harassment case I discussed in program for a construction company in the 90’s. An attractive woman who worked in construction (Diversity!) was walking to work with a co-worker when some boor from an apartment window shouted at her, “Hey, show me your tits!” The women misheard the remark, and shouted back, “Sorry, I don’t have any kids!” Her colleague thought th exchange was hilarious, and told her what the guy really said, He also told everyone on the construction site about the incident, and the woman was pestered from then on with men smirking as they made comments like, “Hey, can I see pictures of your kids?” I hear you have two beautiful kids!” “Why don’t you let your kids out more?”  “Boy, I bet you’re proud of those kids of yours.” The women tried to laugh it off, but the joke never died, even though she started telling everyone to knock it off. Finally, she complained to management, and was told that she was being silly and hyper-sensitive. She sued.

Was using the word “kids”  in a coded joke creating a hostile work environment, or did the court find that since the language itself was inoffensive and not sex-related, it couldn’t be sexual harassment? Continue reading

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More False Alarm Over The “The Glass Ceiling”

Every time the New York Times Business Section writers raise alarms over gender discrimination in the workplace, they set the credibility of the issue back a few years.

I have no doubt that women are discriminated against and suffer gender bias at all levels of the workplace. I also know that that such discrimination is obviously hyped, exaggerated, and misrepresented by activists and the news media. How many legitimate public issues are there like that? [Let’s start a list!] Regardless of the answer, when an article about a legitimate problem makes an intelligent reader roll his or her eyes, that issue’s credibility suffers.

This article was titled, The Number of Women at the Top Is Falling: the already small pool of female CEOs decreased by 25% in the past year.

“Oh-oh,” I thought when I read the headline. Since Hillary lost and a non-pro-woman administration along with Republicans is in power, companies feel at liberty to dump their female CEOs who they thought would garner them favor with policy-makers! What was your first thought? 25% is a lot, and doesn’t sound benign. Imagine if, say, 25% of black executives were gone after a single year. Wouldn’t Congress be investigating?

“For many years, it seemed as if the share of women at the top of corporate America would slowly increase over time,” the article says in its third paragraph. “But the number of women leading companies in the Fortune 500 had grown to 6.4 percent last year, a record high, from 2.6 percent a decade earlier.”

“But this year, the number of female chief executives declined 25 percent, according to Fortune’s 2018 list, which was published Monday. There are now 24 women, down from 32. Twelve left their jobs — most recently, Denise Morrison of Campbell Soup Company, who abruptly announced her retirement Friday — and four joined the list”

What happened to the women? “Four said they were retiring; four left after their companies were acquired; two took new jobs, and two were replaced after calls for change from investors.” In other words, of the twelve, only two clearly left when they didn’t want to. There is nothing ominous about that. In fact, the 25% decline appears to be nothing but a statistical anomaly in a small sample size, as in “not worth a huge article in the Times Business Section to make women and feminists upset,”  or in my terms, manipulated, agenda-driven, misleading news that isn’t news at all.

Also called..well, you know.

More from the article: Continue reading

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Saturday Evening Ethics Update, 4/14/2018: Important Women Die Too, Fundraising Insanity, And Campus Segregation Is “In” Again

Good evening, everyone!

(This morning was completely unmanageable…)

1. This day in history..April 14 belongs with December 7, November 22 and September 11 as the four evil dates in American history, for Abraham Lincoln was assassinated on this day in 1865, yanking the course of events into a new riverbed. Who knows where we might be today if Booth had been foiled?

2. Oh, yeah, themThe New York Times is suddenly including more obituaries of women in its pages, the result of a ridiculously late realization last month that the paper’s  stories of death warranting special note had been overwhelmingly male from the paper’s birth. In March, the paper confessed,

Since 1851, The New York Times has published thousands of obituaries: of heads of state, opera singers, the inventor of Stove Top stuffing and the namer of the Slinky. The vast majority chronicled the lives of men, mostly white ones.

Charlotte Brontë wrote “Jane Eyre”; Emily Warren Roebling oversaw construction of the Brooklyn Bridge when her husband fell ill; Madhubala transfixed Bollywood; Ida B. Wells campaigned against lynching. Yet all of their deaths went unremarked in our pages, until now.

It is a welcome reform. The Times is also looking back over history to remedy the past bias and injustice, launching a special project to publish, a bit late, many of those obituaries that it had failed to write when remarkable women died. You can find the latest additions here.

3. What’s going on here? Wall Street billionaire Stephen A. Schwarzman agreed to give $25 million to the Abington, Pennsylvania high school he attended  in the 1960s. The money would finance  a massive upgrade in the facility. The school, in return, agreed to name the school in his honor, hang a portrait of him in the building, honor his twin brothers elsewhere in the school, and give him the right to review the project’s contractors and approve a new school logo.

Then the deal was announced. Local residents appeared at a standing-room-only, five-hour school board meeting last week to protest.  There was an online petition (naturally), and calls for school officials to resign.  And what was it about the quid pro quo that the people objected to? The quote from Robert Durham, who works at the local Chevrolet dealership and sent two sons through Abington Senior High School is explanatory as any:

“I just think there’s too much influence about big money, Wall Street money, in our society,” he told reporters.

Oh. Continue reading

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Morning Ethics Warm-Up, 1/9/2018: Plan O, Bad Punditry, Racist Trash Talk, And Disrespecting a 101 Year Old Star

Good morning, World!

1 Golden Globes hangover I. Following up on a point made in yesterday’s Golden Globes post, presenter Natalie Portman’s much-praised but unfair innuendo that the directors nominated in the “best director” category were there because of gender bias rather than the quality of their work was an example of shooting the bystander rather than the villain. The fact that women don’t get the opportunities to direct major films that men do–as a result of many factors, none of which relate to the relative directing abilities of the two pools–is not the fault of the male directors who get the jobs, nor does the fact of discrimination make the films that women do get to direct inherently better and more award-worthy than they are.

That said, the bias against female directors is real, and dumb. Here is an excellent article about it.

2. A Nation of Silly People. I warned that electing Donald Trump as President would eventually turn us into a Nation of Assholes, and that has come to pass with unexpected rapidity. I did not see the development resulting in the US becoming a nation of silly people, though that process was well underway already. The rush to anoint Oprah Winfrey as the savior of the Republic based on a speech at an entertainment awards show, however, is new evidence of the damage done to the nation’s values by the Trump trauma. Oprah is a cult, pop culture figure; a democracy deteriorating into a society where celebrities and cult leaders become political leaders was one of the fears expressed by our Founders. For the Left to embrace Oprah is stunning hypocrisy, after more than a year of (correctly) accusing Republicans of nominating a Presidential candidate with none of the qualifications traditionally required to be taken seriously as a contender for the office. Many unhealthy trends of long standing pointed to this eventuality,it is true: celebrity obsession, poor civic education, ignorance of history, and new age gibberish, plus the stunning absence of legitimate leaders in both political parties. Having followed O for a long time, since her days in Baltimore as a rising life-style reporter, I recognize a lot of warning signs regarding her ethical instincts, such as her addiction to talking about “personal truths,” which is just a sneaky way of endorsing “alternate facts,” her troubling anti-vaxx statements, her promotion of fake experts like Dr. Oz and Dr. Phil, her race-baiting, and more. There will be plenty of time to elaborate on these if and when her candidacy becomes more than a twinkle in E!’s eye. I doubt that we’ll get there, but as President Trump proved, you never know in the United States of America.

3. A “Nah, there’s no media bias against Trump” note: During the Golden Globes broadcast, NBC, that paragon of journalism integrity, tweeted this:

4. Fake news in irresponsible punditry.  I have been meaning to write about this op-ed by New York Times “contributing opinion writer” Kashana Cauley for more than a week now, and the task has seemed so odious that I have avoided it. It is as bad an op-ed as I have ever seen, full of false assertions, misrepresentations , rationalizations and racial hate. I wonder when the New York Times editors reached the point where they would regard such trash as fit to be published under its banner. Rather than dissect the ugly thing as I originally intended, I’ll let you do the work, with me just pointing out some, but far from all, of the features that make this such unethical op-ed page content. Continue reading

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Gender Bias And Legal Careers

Studies show that although women have been entering the law in equal numbers to men for more than a decade, they make up just 23 percent of partners and 19 percent of equity partners. Why do so many women  leave the legal profession at what should be the height of their careers? Last month, more than 160 lawyers gathered at Harvard Law School in November for the ABA National Summit on Achieving Long-Term Careers for Women in Law to identify answers and plot a course to change the trends.

Sharon Rowen, a lawyer from Atlanta,  said her research showed three reasons women leave the practice of law: work/life balance, unconscious bias, and the pay gap. I wish I could have attended the discussion. I hope someone pointed out that seeking work/life balance is the major reason for the pay gap, and that it is not unreasonable to view that as a trade-off that is both fair and reasonable.  Rowan’s list also leaves off conscious bias that pervades society and clients regarding female lawyers, as well as law firm partners.

Iris Bohnet, professor of public policy at Harvard Kennedy School, said some women suffer from “success fatigue,” and leave “because of a work culture that forces them to minimize important parts of their lives.” They ask themselves, “Can I bring my whole self to work?” and “Is this a place where I can thrive?” What she is saying is that a lot of women don’t find the law enjoyable, and that its stresses, patterns and requirements are more accommodating to men than women. In other words, law isn’t fun for a lot of women, while men, because of the nature of males, are more tolerant of it than women tend to be. I wonder if any panelist had the guts to come right out and say that? I doubt it. I bet most of them would deny it, because it’s politically incorrect to admit any gender differences, unless they involve female superiority.
Continue reading

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Morning Ethics Warm-Up, 9/28/2017: Late For My Ethics CLE Seminar Edition!

 

GOOD MORNING!

1 Incredible! The stupid NFL Anthem Protest Ethics Train Wreck is still dominating the newscasts this morning. Now football fans are organizing boycotts and burning NFL merchandise. Meanwhile, I heard a quick exchange this morning where an advocate for “The Knee” insisted that “it’s not about the National Anthem” and the retort was, “If it’s not about the National Anthem, why is the protest during the National Anthem?” Good question. The Ethics Alarms Protest Checklist could have prevented this whole mess. That, or the simple responsible act of the NFL telling its players that they were free to make whatever political statements and protests they chose, out of uniform and as private citizens, but when they attempted to do so on the NFL’s time, on the field, the they were doing harm to the team, the league and the game.

2. Speaking of tribalism, what can you call Michelle Obama’s statement encouraging gender bias (as long as it is favor of the right gender) with her statement that “Any woman who voted against Hillary Clinton voted against their own voice”? I’ll give the former First Lady credit, though: she has always been a hard left demagogue, but for the most part completely avoided venting these views while her husband in office. That was prudent, appropriate and wise.

3. Why does the President keep saying that the U.S. is the most heavily taxed nation in the world? This has been debunked over and over. Has no one told him?

4. Conservative news sources and blogs are thrilled that ex-CIA agent Valerie Plame, the central figure in a false Democratic narrative concocted to embarrass the Bush Administration, embarrassed herself by tweeting anti-Semitic sentiments. Alan Dershowitz explains her conduct in excruciating detail here, but Plame is a non-entity. The Right’s obsession with is story is pure revenge. She’s not important, the Plame Affair is not only old news, but also an event that not one in 10,000 Americans could explain if their lives depended on it, and the fact that one woman whom Democrats tried to make into a martyr over a decade ago for partisan gain is a bigot just isn’t news.

5. Ugh—late for my seminar!

 

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