Tag Archives: gender discrimination

Discrimination Or Negotiation? The Phony “All The Money In The World” Pay Controversy

As usual, the headlines are misleading, and the reporting is soaked with emotion.. Michelle Williams Is Reportedly Worth 1500% Less Than Mark Walberg To Sony…

is a typical example. Fake news. Mark Wahlberg reportedly made 1500 times what Michelle Williams did for All the Money reshoots. True, but misleading. Here is what happened:

“All the Money in the World” is the film that had to be substantially re-shot after tyhe decision was made to make Kevin Spacey, in a major role, disappear, with his part taken by Christopher Plummer. This required far more re-shooting than a typical finished film requires. Most movie contracts require a certain number of reshoot days as a routine stipulation for the actors, who must make themselves available as needed. If more than the usual additional filming is needed, however, actors are not obligated to work beyond what they reasonably expected.  Michelle Williams and Mark Wahlberg had agreed to appear in “All the Money in the World” for less than their standard fee, but when they had to go an extra mile to let the film be completed, they each took a different tack.

Williams was nice, and quickly agreed to return, believing, without being told so,that other participants had made the same decision. She even worked over Thanksgiving,  arranging for her 12-year-old daughter, Matilda, to spend the holiday without her. “They could have my salary, they could have my holiday, whatever they wanted,” she Told the New York Times. “Because I appreciated so much that they were making this massive effort.” (…to get rid of Kevin Spacey!)

Her co-star Mark Wahlberg, however, realized that he had leverage over the production team. He was the only major cast member with no commitment to reshoot his scenes. The finished film was set to be released in theaters in about a month, on December 25, so he had terrific leverage. In Hollywood, leverage equals big bucks. He told his primary agent, Doug Lucterhand, to play hardball, and negotiate for as much money as he could get.

The production company ultimately agreed to a $1.5 million payment.

Is this gender discrimination? No. Is it an example of bias? No. Is it unfair? Well, only in that life is unfair, some people are more shrewd than others, Hollywood isn’t kindergarten, and nice guys finish last, as Leo Durocher said. Continue reading

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Morning Ethics Warm-Up, 11/19/17: The Censorious, The Irresponsible, The Topless, The Panicked, And The Soon To Be Dead

Good Morning!

1 Good-bye Charlie! To get things off to a happy start this Sunday, let’s ponder the news that Charles Manson’s death is imminent. Good. What’s worth pondering is why our society allowed him to live at our expense since 1969. If the justice system has to maintain some ultimate punishment for the worst of the worst crimes  if only to stake out the position that some conduct forfeits the right to exist in a civilized nation—and it does—then Manson should have shuffled off this mortal coil, or rather had it shuffled off for him.

Mark this down as one more area where California has arrived at the wrong answer to an ethics problem.

2. “Knock-knock!” Who’s there? “Child molester!” Child molester who? “Child molester? What child molester? We don’t see any child molesters…” According to internal  documents, the Jehovah’s Witnesses has instructed congregation leaders, called elders, to keep child abuse secret from law enforcement as a matter of policy since at least 1989.

The religious group’s headquarters, known as the Watchtower, sent a letter in 1997 to  local elders across the U.S  instructing them to send to a written report about anyone currently or formerly serving in a position of responsibility known to be have sexually abused a child. A California appeals court last week upheld an order for the Witnesses to pay $4,000 for each day it does not turn over the documents to the court, and the tab currently stands at $2 million. The ruling stems from a case in San Diego, where a man sued the Jehovah’s Witnesses for failing to warn congregants that a child predator was in among them.

Osbaldo Padron was sexually abused as a child by an adult member of his congregation named Gonzalo Campos. Campos confessed to sexually abusing seven children, but although leaders at  the Watchtower knew this,  they continued to promote him to higher positions of responsibility and took no action to protect tne children he came in contact with.

Nice. I guess I’m not going to be polite and chat with those people who knock on my door with copies of the church’s newsletter—you know, “The Watchtower”?—any more.

Is it possible that everyone in the church’s leadership missed the Catholic Church’s scandal in this area? Nobody saw “Spotlight”? Nobody there has a drop of decency or integrity?

Fascinating. Perhaps after he loses his Senate race, maybe Roy Moore will consider a new gig at the Watchtower. Continue reading

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Morning Ethics Warm-Up, 11/12/2017: Prisoners Behaving Badly, The Harvey Weinstein Ethics Train Wreck Picks Up The Brother Of “The Girl Next Door,” And The Attempted Coup Continues

Good Morning!

On the way to Boston soon for an in-and-out ethics seminar for young Massachusetts lawyers…

1 Why is the New York Times acting as if the 2016 campaign is still going on? Today’s Sunday Times includes a long scold from the Times editors urging the President to “please read the Constitution.” Then it reaches back all the way to 2015 for TrumpTweets that proposed or mused about Constitutionally impossible policy ideas. How does the Times know that the President’s Constitutional acumen hasn’t been enhanced since 2015? It doesn’t, of course. The criticism would be legitimate during a campaign, but a year after an election, it tells us only this: The New York Times is still in the mode it announced during the campaign. The existence of Donald Trump, in its view, justifies the suspension of journalism’s core principles. In the view of many of the Times’ voices on its op-ed page, his existence also justifies the suspension of the Constitution that the paper piously insists the President read. The Times editors have not told those who have claimed in its pages and from the floor of Congress that President Trump should be impeached based on no “high crimes and misdemaeanors” to read the Constitution. It didn’t tell Hillary Clinton to “read the constitution” when she advocated “the Australian approach” to gun control, or grandstanding Democrats in the House to ‘read the Constitution” when they behaved as if the right  of Due Process didn’t exist, so citizens arbitrarily placed on a no-fly list by the FBI could nonetheless be denied the right to own a gun. It didn’t tell “the resistance” to “read the Constitution” when it attempted to distort the operation of the Electoral College to undo the President’s election.

“He has showed disdain for the separation of powers by repeatedly attacking the federal judiciary and individual judges who have ruled against him.” the Times sniffs, but it did not tell Barack Obama to “read the Constitution” when he attacked the U.S. Supreme Court in a State of the Union address. Then the Times goes off into the hyper-partisan stratosphere, suggesting that its editors also need to “read the Constitution”:

He has abused the pardon power by granting his first, and so far only, pardon to a former sheriff who was found in contempt of a federal court for defying an order. And he has failed to take care that the laws are faithfully executed, whether by trying to sabotage the Affordable Care Act, leaving hundreds of critical executive branch positions vacant or threatening to prosecute his former political opponent.

The Constitution places no limits whatsoever on the pardon power; it is absolute, beyond appeal, and can’t be abused as a matter of Constitutional law. The Times’s definition of the duty to faithfully execute the laws is incomprehensible, since it did not object to Barack Obama circumventing crystal clear laws against illegal immigration by ordering them not to be enforced, or when the Obama administration refused to defend the Defense of Marriage Act while it was still a valid law signed by the previous Democratic President. The Constitution does not demand that the Federal government be a bloated, deficit-making bureaucracy; the President, not the Times, gets to decide what positions are “critical” in the Executive Branch. That’s in the Constitution. As for “threatening to prosecute his former political opponent.,” the President’s statements regarding Hillary Clinton can be and should be taken as questioning whether the Justice Department under Barack Obama was placing its thumb on the sales of justice for political purposes.

It is increasingly beyond argument that the mainstream news media, led by the Times, is trying to abuse its Constitutionally enshrined immunity from responsibility to engineer a virtual or actual coup. That is dangerous and unforgivable, as well as directly contrary to how the Founders wanted our democracy to operate.

2. I checked the news early this morning to learn the identity of the latest celebrity to have a finger pointed his way as a chorus shouts “HARASSER!” To my surprise and alarm, I discovered that the Harvey Weinstein Ethics Train Wreck had entered my world: jet-set hotelier André Balazs was accused by actor Jason Bateman’s wife of groping her crotch in 2014. André Balazs grew up across the street from my childhood home in Arlington, Massachusetts. His sister, Marianne, was a good friend and classmate all the way through high school. I knew André as Marianne’s annoying little brother.

It appears that the idea in Hollywood now is to accuse someone else before you or your significant other gets accused. This is because sexual harassment and misconduct has been an accepted part of power-player culture in Hollywood forever, even while the Left’s component of that culture proclaimed that the Right was wielding a “war on women.” The country should not forget how dishonest and hypocritical this was.

I never liked that kid…. Continue reading

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Foundation For Individual Rights In Education (The FIRE) Report: America’s Top Universities Deny Students Fair Hearings

(If you don’t know what this photo has to do with the FIRE report, you haven’t been paying attention…)

The FIRE, the heroic non-partisan non-profit that is dedicated to fighting restrictions on student speech, expression and other civil rights, has issued an important report showing how badly respect for Constitutionally guaranteed rights eroded during the Obama Administration’s embrace of the “war on women” narrative and radical feminist propaganda regarding the “rape culture” at American universities. From the press release:

“Spotlight on Due Process 2017” surveyed 53 of America’s top universities and found that a shocking 85 percent of schools receive a D or F grade for not ensuring due process rights. The schools were judged based on whether they guarantee those accused of campus misconduct 10 core elements of fair procedure, including adequate written notice of the allegations, the presumption of innocence, and the right to cross-examine all witnesses and accusers. FIRE awarded each institutional policy a grade based on how many of those elements it guaranteed.

“Most people will probably be surprised to learn that students are routinely expelled from college without so much as a hearing,” said Samantha Harris, FIRE’s vice president of policy research. “This report should be a huge red flag to students, parents, legislators, and the general public that an accused student’s academic and professional future often hinges on little more than the whim of college administrators.”

FIRE’s report found that 74 percent of top universities do not even guarantee accused students the right to be presumed innocent until proven guilty. Making matters still more unjust, fewer than half of schools reviewed (47 percent) require that fact-finders — the institution’s version of judge and/or jury — be impartial.

Additionally, 68 percent of institutions fail to consistently provide students a meaningful opportunity to cross-examine their accusers or the witnesses against them — despite the fact that the Supreme Court has called cross-examination the “greatest legal engine ever invented for the discovery of truth.”

Most universities try students under one set of procedures for sexual misconduct, and an entirely different set of procedures for all other offenses. Of the 49 institutions in the report that maintain separate policies for sexual and non-sexual misconduct, 57 percent grant students fewer procedural protections in sexual misconduct cases — even when those cases allege criminal behavior. Troublingly, 79 percent of top universities receive a D or F for failing to protect the due process rights of students accused of sexual misconduct….

The report later says that not one institution covered by the study received the top grade. Continue reading

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Comment Of The Day (1): “Thank The U.S. Women’s Soccer Team For Illuminating The Muddled Ethics Of Wage Gap Arguments In Women’s Professional Sports”

I’m not sure this photo fits exactly, but I’ve been dying to use it for years, so what the heck…

Are women inherently worth as a much as their male counterparts in similar or the same jobs?

Here is reader slickwilly’s Comment of the Day on yesterday’s post, “Thank The U.S. Women’s Soccer Team For Illuminating The Muddled Ethics Of Wage Gap Arguments In Women’s Professional Sports”:

This is rich… equal pay for an equal job… when the job (and skills) are equal.

Years (decades) ago, I was a trainee engineer for a large company. Part of the job was installation of large racks of equipment involving a fully stocked tool box, weighing between 35 and 50 pounds.

Many of the buildings we installed in did not have elevators, so you carried tools and supplies up flights of stairs.

Another trainee was a slip of a girl, likely 125 lbs soaking wet. She was good once on site, but could not carry her own toolbox up a single flight of stairs, or help when major upper body strength was needed to move equipment into position. Yet she got the same pay and incentives the guys did, for less work (she sat around while the guys lugged stuff up the stairs.) There was no offsetting brilliance that compensated for her lack: just plain competent work when she could perform it. Don’t think the guys did not grumble about doing her work in addition to theirs!

To add insult to injury, she was promoted out of the field first because a)she was black; b) she was a she; and c) the work supervisors wanted a stronger person working the jobs (they did not get extra time to do the job when she was on the crew, either) and could not fire her because of the optics of a) and b). This was a corrupt form of the Peter principle, and my first exposure to such.

Another take: in the Army, each person in a platoon must carry his weight and be able to carry a wounded teammate to safety… unless that person was female. Females could not carry their own equipment, depending on their role, and most likely could not carry a man out of battle. And the standards by which they are judges are not the same. You must be able to pass a fitness test of a certain number of push ups, sit ups, and be able to run two miles under a certain time. This scale slides down by age (an 18 year old must do more than a 35 year old to pass, and rightly so) but the scale is significantly reduced for a female soldier. So a female might be able to do 12 push ups, but get a higher test score for those than an 18 year old who could do 40 push ups)

Continue reading

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Thank The U.S. Women’s Soccer Team For Illuminating The Muddled Ethics Of Wage Gap Arguments In Women’s Professional Sports

News item (April 5, 2017):

The U.S. women’s soccer players’ union and the sport’s governing body have agreed to a five-year collective bargaining agreement, improving standards for the national team and pro league and ensuring labor harmony through the next World Cup and Olympics.

In a joint statement, the U.S. Women’s National Team Players Association and U.S. Soccer Federation said they have “ratified a new collective bargaining agreement which will continue to build the women’s program in the U.S., grow the game of soccer worldwide and improve the professional lives of players on and off the field. We are proud of the hard work and commitment to thoughtful dialogue reflected through this process, and look forward to strengthening our partnership moving forward.”

The sides had been operating under the terms of the previous deal, which expired Dec. 31. In recent years, the players have raised issues about compensation and working conditions compared to their male counterparts, casting a shadow over the efforts of the most successful women’s team in soccer history and pitting the federation against wildly popular athletes, such as Carli Lloyd and Alex Morgan.

In March 2016, the players  filed a federal complaint with the Equal Employment Opportunity Commission, charging the USSF with wage discrimination. The case remains active.

Now this, from a day before:

In preparation for two upcoming friendlies against Russia, the U.S. women’s national team played the FC Dallas U-15 boys academy team on Sunday and fell 5-2, according to FC Dallas’ official website. This friendly came as the U.S. looked to tune up before taking on Russia on Thursday night in a friendly.

Ethics musings:

1.  CBS immediately provides cover, writing,

“Of course, this match against the academy team was very informal and should not be a major cause for alarm. The U.S. surely wasn’t going all out, with the main goal being to get some minutes on the pitch, build chemistry when it comes to moving the ball around, improve defensive shape and get ready for Russia.”

No, there’s no cause for alarm, because maybe the Russian women’s team would lose to amateur teenage boys too. But the women have loudly and indignantly insisted that they should be compensated at the same rate as the men’s soccer team. On what basis? If it is that the women’s team makes as much money as the men’s team (it doesn’t), OK, that’s a valid point. If it is that their skill, performance and level of play require equal pay, I think it is clear that facts and reality are not on their side. Continue reading

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Yale’s Core Values Betrayal: The Case Of The Student’s Unnecessarily Provocative Philosophy Essay

It certainly appears as if U.S. higher education is sailing toward the shoals of ethics bankruptcy, full speed ahead. It also appears that Yale, although it’s part of a tightly bunched armada, is leading the way.

A law suit called Doe v. Yale tells a jaw-dropping tale that once would have been unbelievable, “once” meaning “before a large segment of the culture accepted the proposition that free expression and thought were undesirable unless they met certain lockstep requirements that will ease the way to a progressive utopia.” The plaintiff, a male student, claims that Yale punished him for the offense of writing a class essay that offended a female teaching assistant.

According to his lawsuit, in late 2013 a philosophy teaching assistant filed a complaint with the university’s Title IX office, complaining about a short paper “Doe” had written in the class she was helping to teach.  The essay discussed Socrates’ discussion, recounted in Plato’s “Republic,” of the three divisions of the soul and their relationship to justice. It applied the Greek philosopher’s ideas to rape, arguing that the crime was also an irrational act in which  the soul’s appetites and spirited components overwhelm its reason, which must have primacy for mankind to be moral and just.

The Title IX coordinator, an associate dean in the Graduate School of Arts and Sciences named Pamela Schirmeister, told Doe that his essay was “unnecessarily provocative.” By daring to discuss rape, he had committed an offense against the teaching assistant. He was told to have no contact with the teaching assistant, and ordered to attend sensitivity training at the university’s mental-health center—re-education and indoctrination, in other words. “Doe” was now, he was told, a “person of interest” to Yale, meaning that that the college was now going to be watching him with a grounded suspicion that he was a potential danger to the campus.

What followed, a few months later, were two dubious accusations of sexual assault by female students, both handled with the slanted, pro-accuser, due process-avoiding  approach that has become epidemic on campuses since President Obama’s Dept of Education issued its infamous “Dear Colleague” letter in April of 2011.  Ethics Alarms has discussed some of these cases and the letter, but that is not the topic before us today.

Today the topic is the suppression of free speech, thought, and expression on college campuses.  Continue reading

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