Tag Archives: gender discrimination

Morning Ethics Warm-Up, October 10, 2018: Incompetence Special

Good morning, and I mean it this time…!

1. My only Red Sox-related note: One reason I know that the news media can’t be trusted is that when I have first hand knowledge of a topic or event reported in the paper, I often find the reporting lazily, inexplicably, factually wrong. Here’s a trivial but illustrative example: this amazing play (It’s at 1:04 on the video) ended last night’s decisive Boston 4-3 victory over the New York Yankees in the American League Division Series:

Here’s how the Times described it:

“Kimbrel then got Gleyber Torres to hit a dribbler to third. Eduardo Nunez, a former Yankee, gathered it and threw slightly wide of first base, but another former Yankee, Steve Pearce, stretched to glove it an instant before Torres touched the bag.”

What? “Slightly wide”? A millimeter wider and the ball would have been in the dugout! If journalists can’t get little things right, why should be trust them to convey the important stuff?

2. Institutional incompetence  The historical airbrushing continues. From the Richmond Times-Dispatch:

Washington and Lee University has decided to make changes to the names of some campus buildings after concerns from students and faculty.

On Tuesday, the Board of Trustees announced that it will rename Robinson Hall as Chavis Hall, in honor of John Chavis, the first African-American to receive a college education in the United States. He graduated from Washington Academy, the predecessor of W&L, in 1799. Also, Lee-Jackson House will be renamed Simpson Hall in honor of Pamela Hemenway Simpson, who served as an associate dean of the college and helped move to a co-ed environment in the 1980s.

The board also announced that effective immediately, it will replace portraits of Robert E. Lee and George Washington in military uniforms inside Lee Chapel with portraits of the two men in civilian clothing.

An educational institution that thinks it is appropriate to airbrush its own history can’t be trusted to teach anyone. Robinson Hall is named after the man who established the college, John Robinson. Yup, he was a slaveholder, but he established the school, and deserves prominent recognition for that. The decision to strip Washington and Lee of their uniforms is particularly ominous, hinting of several obnoxious biases. Soldiers are taboo now? Or is this a strike against “toxic masculinity”?  If the idea is to pretend that Robert E. Lee  is only notable for his post-military career as president of the university, that’s absurd and dishonest: if Lee had never worn the Confederate uniform, he would never have led the school, and nobody would know who he was today. Washington’s military brilliance  supersedes  his civilian achievements in significance and historical impact, for without General Washington there would be no United States of America.

My position is that it is negligent for parents to entrust their children’s minds to stupid people and incompetent schools. Washington and Lee and its administrators now qualify for that category.

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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Morning Ethics Warm-Up, 2/6/18: Yes, It’s Another “Trying To Get The Warm-Up Written While Rushing Around To Get Ready For An Early Morning Ethics Presentation” Edition…

good morning…

1 Responsible parties nominate responsible candidates 1. In Chicago, a permanently Democratic district has  no serious Republican candidates, so Holocaust-denier Arthur Jones, a whack-job who has run in this district seven times, is poised to get the nomination. “To me the Holocaust is what I said it is: It’s an international extortion racket,” Jones told the Chicago Sun-Times. Nice. Anticipating the attacks on the Republican Party if he is its representative in the election this fall, Ann Althouse writes, “Should this be used against the Republican Party? Sure, if you’re into taking whatever comes your way and incorporating it into ruthless propaganda for your party. Ironically, that would be Naziish.”

Wrong. I don’t know where the idea came from that a political party organization is obligated to act like a potted plant, but it isn’t. A party’s obligation is to the public, democracy, and the ideals the party and the nation represents. It does not and should not allow a candidate who doesn’t meet minimal standards of competence and responsibility to use the party to achieve political power. Let such people run on their own, or start a Holocaust Denial Party, or National Nut Ball Party, or the Green Party (Kidding!), or something. . A responsible party vets its candidates, and tells those who don’t stand for basic American values or who are unqualified that they don’t get to use the party for their ends by default.

If you check back, this was the Ethics Alarms position on Donald Trump. The Republicans shouldn’t have allowed him to run for the nomination, and even after he did, his conduct in the debates and elsewhere justified its refusing to nominate him at the convention. They don’t deserve to be called Nazis for nominating him, but they don’t deserve an ethics pass, either. The fact that he won is irrelevant. Continue reading

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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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