gender discrimination

As Usual When Gender Discrimination In Wages Is The Issue, There Is More To The Women’s Soccer Lawsuit Than The Media Wants You To Know

/ Jack Marshall / 13 Comments

women's soccer

The gender wage discrimination issue makes my head start to hurt every time it is raised, which, I admit, has made me grateful that Hillary and Bernie have been concentrating on the other progressive issues they fill with half-truths and deceit. Some of those are the wealth gap, mass incarceration, the evil of big banks, discrimination against Muslims, trigger-happy police, campus sexual assault, climate change, gun violence  and the minimum wage. As with these pet progressive agenda items, it isn’t that there aren’t real problems there that require effective policy initiatives, but that advocates are so infuriatingly dishonest when debating them—exaggerating statistics, demonizing opponents, and persisting in using false facts, studies and myths long after they have been definitively disproved.

If the new media was competent and even-handed, challenging the false assertions as they should, this would not be such an impediment to rational debate. The news media is seldom objective, however. On all of these issues and more, it plays the role of advocate and partisan ally with depressing regularity. An activist on the keft has to make a truly outrageous statement to even be challenged, as when Black Lives Matter organizer Aaron Goggans suggested on CNN yesterday that black on black crime is a “myth.”

There is gender discrimination in wages; I have seen it up close, in my family and in companies and organizations I have worked for. I have personally taken action to address it. The issue is complicated, however, and not close to the absurd “77 cents on the dollar” figure that has been employed, unchanged and virtually unchallenged, for decades, nor is it fairly represented by studies that show how men in the same careers make more over their working lives than women.

Never mind; the news media allows the issue to be debated in an atmosphere dominated by misrepresentations. My reflex approach is that  until advocates for a position are willing to stop lying, spinning, and demonizing, I will pointedly avoid supporting them. Call it the Clean Hands Doctrine. Gun control is one example. Climate change is another.

When  five players on the U.S. Women’s Soccer team filed a federal complaint last week accusing U.S. Soccer of wage discrimination because, they said, they earned as little as 40% of what players on the United States men’s national team earned despite reaching the team’s third World Cup championship last year, I read and heard nothing but cheers from women’s advocates, Democrats, pundits and Facebook posters I also read nothing but sexist snorting from the conservative side. (“Wanna know how to get paid the same as men for playing soccer? Try out for the men’s team! HAR!” ). The truth, as usual, is somewhere in the middle, but you wouldn’t know that from reading most accounts or watching the news channels. Continue reading →

Indiana’s Unconstitutional, Unethical, Thoughtful, Subversive Abortion Law

/ Jack Marshall / 115 Comments
If you want to kill this no matter what, it's legal and ethical. If you just don't like its skin color or gender and want to kill it because of that, you're a monster....

If you want to kill this no matter what, it’s legal and ethical. If you just don’t like its skin color or gender and want to kill it because of that, you’re a monster….

Feminists, pro-abortion enthusiasts (They like it! They really like it!), the biased, brainless news media and kneejerk progressives who haven’t given abortion and its many ethical problems one-thousandth of the careful, objective thought it deserves are just dismissing the new Indiana law restricting abortion as one more “war on women” maneuver and yet another mindless attack on abortion rights. It is an attack on abortion rights, but hardly a mindless one, and Indiana deserves respect and some ethics points for aiming a law right at the fault line of dishonest pro–abortion logic.

Maybe the law will provoke some quality discussion before it goes down in flames, and maybe some abortion supporters will slap their heads and realize that the rhetorical and rational behind abortion is at its core intellectually dishonest. If so, it will have done some quantifiable good.

Maybe the law will be the tipping point that finally makes a significant number of ethical people who have blindly accepted the tortured logic behind the nation’s casual acceptance of millions upon millions of aborted human lives open their minds.

Maybe if I flap my arms really hard, can fly to the moon. Continue reading →

The Kinky Law Professor Principle: “It’s No Shame To Be Kinky, But It Still Might Be Newsworthy”

/ Jack Marshall / 2 Comments

We haven’t had a “Naked Teacher Principle” story to mull over for a while, and this isn’t one. It raises some parallel issues, though.

I saw the story about the Drexel Law professor who who accidentally sent her students a link to a pornographic video about anal beads. I didn’t find it worthy of a post, though I thought it was funny. It is funny. But we had covered a similar issue here, in the ethics quiz about the hapless teaching assistant at the University of Iowa who somehow managed to send her class not merely sexually provocative photos of herself, not merely nude photos of herself, but something much more kinky. Attached to a message that read “Hi Class, I attach the solutions for number 76 and 78 in this email” were a series of images showing the young woman sans clothes and sans inhibitions having a lively cyber-sexting chat with a partner in which the two were pleasuring themselves in front of video equipment while streaming to each other.

That was funnier. She was “reassigned”—a not unreasonable result of presumed reduced respect from the class.  The Naked Teacher Principle doesn’t strictly apply when the students are adults, and Lisa McElroy, the professor at Drexel University’s Thomas R. Kline School of Law who is apparently an anal bead fan–the video she sent by accident was called called “She Loves Her Anal Beads”—wasn’t naked. There is no “Kinky Law Professor Principle.”

However, Prof. McElroy was mightily offended that her cyber-goof was picked up by the professional publications and websites, and that she was embarrassed as a result. She even posted a Streisand Principle-defying op-ed in the Washington Post, blaming everybody—students, bloggers, and Drexel, which briefly suspended the professor pending an investigation on the basis of possible sexual harassment—but herself. She argued that she should not have been publicly shamed, because, she wrote,

“…there was nothing newsworthy about it. What happened was, in the grand scheme, pretty trivial. My students are adults. The link was quickly removed. There was nothing illegal in the video. The post occurred in the same two-month period when the movie “Fifty Shades of Grey” grossed almost $570 million worldwide. Yet, because it was porn and I’m a law professor, news organizations spread the story around the world.”

Yup. Because it was funny. I understand that the Professor doesn’t see the humor of a law professor—especially her—inadvertently sending her private porn film about anal beads, which themselves are kind of amusing, to a staid law school class. It’s still funny. Trivial? Of course. But trivial can still be funny. Would it be kind for all of us to scrupulously refuse to communicate the hilarious tales of when we do dumb things or embarrass ourselves? Yes. But society as a whole benefits from being reminded that we are all equally fallible human beings—especially the elite and privileged. A lot of people think laughing at slapstick is cruel too.

I pity them. Continue reading →

Ethics Alarms Mailbag: Is Arguing In The Alternative Unethical?

/ Jack Marshall / 19 Comments

No, it isn’t, but I understand why it might  seem that way.

“I didn’t do it, no one saw me do it, and you can’t prove anything!”

“I didn’t do it, no one saw me do it, and you can’t prove anything!”

An email from ethics issue scout Fred calls my attention to the case of  transgendered female Leyth O. Jamal, 23, who filed a sexual discrimination suit in September claiming that managers at a Saks store in Houston  referred to her as a man, made her to use the men’s restroom and pressured her to dress as a man despite being aware of her transgender identity. She also claimed a male colleague repeatedly asked her whether she was a prostitute in front of customers and colleagues, and threatened her. Saks fired Jamal after she brought a complaint to the Equal Employment Opportunity Commission.

In federal court this week, Saks withdrew its Dec. 29, 2014, court filing asserting that transgender workers are not covered by the gender discrimination ban in Title VII of the Civil Rights Act of 1964. The company  still denies that it discriminated, and has made statements about how it “believes that all persons are protected against sex discrimination under Title VII” of the Civil Rights Act of 1964, which prohibits discrimination by employers on the basis of race, color, religion, sex or national origin. It had argued, however that the plaintiff had based her case not on sex discrimination but on the issue of gender identity and transgender status, which Saks believed fell outside of Title VII’s mandate.

Now Saks is only disputing that there was any discrimination, not that such discrimination was legal. The question posed to me: does this U-turn this look bad for Saks? Is it cynical and unethical? How can you simultaneously argue that what the client alleges isn’t actionable because there’s no law against discriminating against someone for gender identity, and that you didn’t discriminate on that basis, or any basis, anyway? Continue reading →

Ethics Dunces Of The Air: The Crew Of Delta Flight 468

/ Jack Marshall / 7 Comments
"Fly Delta: we'll accommodate your biases!"

“Fly Delta: we’ll accommodate your biases!”

This one amazes me. There is no conceivable justification for it.

A group of ultra-Orthodox Jewish men refused to take their seats on Delta Airlines Flight 468 from New York’s JFK Airport bound to Israel, because their faith forbade them from sitting next to female passengers. The flight was delayed by 30 minutes while the crew negotiated with the men and the offending passengers—you know…women. Eventually, desperate to get the flight off the ground, some passengers agreed to trade seats.

In Ultra-orthodox Judaism, physical contact between men and unrelated women is forbidden.

So what? Continue reading →

The President Engages In Gender Discrimination At His Press Conference. Isn’t That Marvelous?

/ Jack Marshall / 6 Comments
How feminist!

How feminist!

I missed this initially, because unlike an unfortunate number of people in the country, especially those in the government, I don’t tally up every event according to the gender, race and ethnicity of the participants.

However, it seems that in his year-ending news conference on December 19, President Obama only called on female reporters. The left-biased press rejoiced and applauded: Vanity Fair, for example, headlined its story “Obama’s All-Women Press Conference Deals Glancing Blow to Patriarchy.”

I am obviously so estranged from what passes for logic, fairness and ethics among Obama cheer-leaders that I can’t begin to comprehend their thinking. How could such a stunt possibly be anything but wrong?

1. Is the President making up for what he believed was his bias in calling on reporters in the past? If so, this like an umpire making up for mistakenly calling a ball a strike in one game making up for it by calling a strike a ball in another. Two wrongs don’t make a right, and two instances of gender bias don’t cancel each other out. Continue reading →

Is “F-Bomb Princesses For Feminism” The Most Unethical Ad Ever?

/ Jack Marshall / 41 Comments

Pretty close, I’d say.

Here are my Top Ten ways it is unethical:

1. It’s full of lies. Women do NOT make only 77% of what men do in the same jobs. The fact that President Obama blithely quoted this infamous canard doesn’t make it any more respectable. This is the smoking gun of  feminist activist hackery.

2. A close second is the completely unreliable “1 in 5 women will be raped or sexually assaulted in their lifetimes.” Yes, what President Obama did to a stranger after voting can add to that stat…or not, depending on what the woman being polled chooses to call “sexual assault.”

3. The stat about women who were A students earning as much as men who were C students is similarly bogus. The study apparently being fucking referred to was about high school grades, not college grades. It was also widely distorted in the media, which claimed that the finding was that “high-achieving female students still won’t earn as much as male counterparts who didn’t work quite as hard” [TIME], which explains nothing about what jobs we are talking about, or career choices. More female attorneys, for example, go into family law; more male attorneys go into tort litigation.  Trial lawyers are famously non-academic–they are combative, aggressive and street smart, and the good ones become millionaires. What does this prove about gender discrimination? Not one thing.

The University of Miami study, published recently in the Eastern Economic Journal, show that a one-point increase in high school GPA raises annual earnings in adulthood by around 12 percent for men and 14 percent for women. It was not directed at gender bias issues at all, nor did it prove any.

4. Apart from substance, the ad is one more coarse and cheap bit of sensationalism employing assaultive vulgarity to get attention.  This is cultural rot, nothing more. Gutter language doesn’t illuminate or explicate, and used as it is here, it doesn’t even convey genuine passion or emotion. This is the pseudo kiddie-porn equivalent of  TV ads for Go Daddy.com featuring a busty actress making sexual innuendos to attract attention to a product having nothing to do with busty actresses. An ad currently running for a cable show has the host talking about the time he “got crabs” but how he’s going to go to an “orgy” anyway. HA! A crab orgy, get it! See, he made you think he was talking about sex, isn’t that clever? In a 7 PM commercial? No, it’s not clever. Just cheap and tawdry, like having a lot of little girls yelling “fuck” at you.

5. This isn’t even a genuine ad promoting feminist objectives. This is an ad exploiting feminists themes to sell T-Shirts. Continue reading →

Ethics Quiz: Replacing The Sideline Babe

/ Jack Marshall / 41 Comments
Before and After

Before and After

In a nakedly cynical effort to appeal to male TV audience members, most of the major league baseball teams employ “sideline babes” in their local broadcasts—young, lovely, shapely women who impart little nuggets of “behind the scenes” information about the local team during lulls in the action, of which baseball has many. It often seems like these women can’t tell a ball from a bat, but who cares? Hubba hubba!

The Boston Red Sox however, have had a string of bad luck with their lovelies. The last two became romantically involved with Red Sox players, in one case a potential scandal (the player was married), and in the most recent, as sideline babe Jenny Dell began dating Sox third baseman Will Middlebrooks, a conflict of interest in the view of NESN, the Red Sox network. Who would have guessed that having fold-out ready young women roaming  dugouts filled with rich young male athletes would lead to this?

This season, the Sox sidelines have a different look. The game broadcast cutaways now lead to a large, handsome, undeniably male member of the broadcast squad, Gary Striewski. (That’s Gary on the right in the photo above, Jenny on the left.)  Coincidence? I think not. I think NESN got tired of the off-field whoopee, and decided to go in a different direction that minimized the risk. Assuming this is true (and recognizing that it may not be), your Ethics Alarms Ethics Quiz is this:

Does choosing to have a male sideline reporter to avoid romantic conflicts with the players constitute unfair and unethical gender discrimination?

 

 

More On The Dangers Of Godwin’s Law

/ Jack Marshall / 9 Comments

 

Mike Godwin

Mike Godwin

In correctly diagnosing the Obama Administration’s and the Democratic Party’s continued use of the misleading “77 cents” statistic, I rejected the application of Godwin’s Law as a bar to the evocation of the Big Lie’s most accomplished practitioners and champions, Hitler and Goebbels. I want to expand a bit on what I wrote explaining why.

Godwin’s Law, to begin with, began as a joke. An early Usenet moderator (and attorney) named Mike Godwin coined the “rule” in 1990 as a tongue-in-cheek  method to detect when internet debates had gone on too long, stating that  “if you mention Adolf Hitler or Nazis within a discussion thread, you’ve automatically ended whatever discussion you were taking part in.” The Wikipedia entry, based on the original “law” posted by Godwin, says that “As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches —​ that is, if an online discussion (regardless of topic or scope) goes on long enough, sooner or later someone will compare someone or something to Hitler or Nazism.”

In the ensuing years, Godwin’s Law has been cited, but seriously, as a genuine discourse limitation; that it is somehow taboo to raise the Nazis or Hitler as comparisons or references in any serious debate, online or off. It is even cited as an absolute, frequently by people who haven’t given a second’s thought to why there should be such a “law.” This, of course, is classic morality reasoning. You can’t mention Hitler because an authority, “Godwin,” has decreed otherwise, and you blindly follow because, well, he says it’s right, so it is. I have wondered if anyone would take Godwin’s Law seriously if his name had been Mike Snotwelder, or something similar. Continue reading →

To Hell With Godwin’s Law: As The Cynical “GOP War On Women” Strategy Officially Adopts “Big Lie” Tactics, Who Will Have The Integrity To Call It What It Is?

/ Jack Marshall / 142 Comments
Sometimes recalling Der Fuhrer is necessary to give credit where credit is due.

Sorry. Sometimes recalling Der Fuhrer is necessary to give credit where credit is due.

One thing one can’t deny about the “Big Lie,” it sure works.

An H. F. Elson from Bethesda, Maryland indignantly writes the editor of the Washington Post:

“The April 10 news article “Senate Republicans block wage-equality legislation” reported that Republicans “say that the bill is unnecessary because discrimination based on gender is already illegal.” Pardon my sarcasm, but existing laws have worked really well, haven’t they? Republicans fear the bill would increase civil lawsuits, but the threat of lawsuits is the only way to get these needed changes in compensation made. When are Republicans going to stop antagonizing thinking, intelligent women?”

Let’s see…it’s hard to write such an incompetent and irresponsible letter while simultaneously being snotty about it, but H.F. was up to the challenge:

1. Discrimination based on gender IS already illegal. The law in question was Democratic showboating with a bad bill that would permit lawsuits when no evidence of intentional gender discrimination exists.

2. Yes, H.F., the existing laws have worked very well indeed. The remaining differences in pay by gender are almost entirely due to factors other than discrimination.

3. The only way to get the changes made in compensation would be for women to behave exactly like men, and adopt the same priorities and career paths. Lawsuits, on the other hand, are just a way to increase the costs of doing business, lose jobs, and give more money to trial lawyers—who are overwhelmingly male, by the way.

4. “When are Republicans going to stop antagonizing thinking, intelligent women?”  The real question is when will “thinking, intelligent women” stop accepting on faith outright misrepresentations about gender pay inequities, and do some research before adopting partisan talking points and writing snotty letters to the editor?

There are virtually no serious analysts of this topic that accept the proposition that “women get paid only 77 cents on the dollar compared to men in the same jobs” as an accurate measure of discrimination in the workplace and gender inequity. The misleading nature of that statistic and similar ones has been thoroughly explained and vetted in scholarly documents and the news media for decades, yet whenever Democrats want to activate their “base,” which includes a disproportionate number of women, their candidates and leaders shamelessly use the same dishonest figures. Obama and Biden used this tactic during the 2012 sliming of Mitt Romney, for example, because, after all, the ends justify the means, and besides, mean old Romney kept all those poor women in binders.

I just about fell off of my chair when President Obama sank to this abysmal deceit again in his 2014 State of the Union message, when he intoned, Continue reading →