The Fundamental Attribution Error And The Gender Pay Gap: When We Say “Women Need To Learn To Negotiate,” We Meant “Learn To Negotiate WELL”

GenderGapIt isn’t 23 cents less than every dollar earned by men in the same jobs, as the President dishonestly claimed in the State of the Union address, but women’s compensation is not yet equal to what men earn. Part of the reason is the choices women make regarding child-bearing and career timing; part is indeed bias. Some of it is also attributable to the fact that women are less aggressive and perhaps less skilled in negotiation. They often get lower salaries because, unlike their male counterparts, they don’t ask for higher ones.

Now comes “W,” who writes into an academic blog to show that women are penalized for daring to negotiate. She claims she was offered a tenure-track philosophy position at Nazareth College, a liberal arts school in Rochester, N.Y.  She replied, she says, by emailing the selection committee:

“As you know, I am very enthusiastic about the possibility of coming to Nazareth. Granting some of the following provisions would make my decision easier: 1) An increase of my starting salary to $65,000, which is more in line with what assistant professors in philosophy have been getting in the last few years. 2) An official semester of maternity leave. 3) A pre-tenure sabbatical at some point during the bottom half of my tenure clock. 4) No more than three new class preps per year for the first three years. 5) A start date of academic year 2015 so I can complete my postdoc.

I know that some of these might be easier to grant than others. Let me know what you think.”

Let me pause here to point out that this is a terrible response, incompetent negotiation, and career self-sabotage. First, you do not negotiate in a potential employer-employee setting through e-mail. You talk. Then you can gauge how you are being received. She should have asked for an appointment. Continue reading

Accommodating Minority Religious Requirements vs Human Rights: Ethicist Chris MacDonald Get The Balance Right

garyclementEthics Alarms is an unabashedly U.S.-centric ethics blog, for both practical and philosophical reasons, but mostly practical: I can’t cover all the worthy ethical issues that arise in this country, much less cover the world. Obviously useful ethics problems arise outside U.S. borders, and here was one I missed until now.

Paul Grayson, a professor at Toronto’s York University, was confronted with a male student’s request for a religious accommodation in a class assignment so that he would not be required to interact with female students in his class. The professor denied the request because, he wrote, “it infringed upon women’s right to be treated with respect and as equals.” The student accepted his decision and completed the assignment, interacting with female students as the assignment required. That did not end the tale, however. The dean of York University’s faculty of arts told Grayson that the student’s request would not have a “substantial impact” on the rest of the class, and should have been accommodated. That, in turn, prompted a national debate in  media, religious and educational forums. Some, citing Canada’s commitment to “pluralism,” felt that the student’s religious beliefs should have trumped the culture’s commitment to gender equality and non-discrimination. Continue reading

Adventures In The Land Of Double Standards: Sexual Harassment At Riverdale High

archie reversed

Nancy Silberkleit, the co-CEO of Archie Comics, has been accused in a law suit filed by her male employees of workplace gender discrimination and harassment because she referred to them as “Penis” instead calling them by their names. The lawyers representing Archie president Mike Pellerito, editor-in-chief Victor Gorelick, and others allege that Silberkleit used the term many times in a degrading manner, as, for example, when she began yelling “Penis! Penis! Penis!” during a business meeting.

This woman needs to work with Bill Maher.

They deserve each other. Continue reading

Ethics Dunce: “Saturday Night Live” Cast Member Jay Pharoah

Maya Rudolph being Oprah, being funny, and nothing else should matter.

Maya Rudolph being Oprah, being funny, and nothing else should matter.

In a spontaneous call for more black cast members to be added to NBC’s long-running late-night satire show, “Saturday Night Live,”  veteran cast member Jay Pharoah told an entertainment reporter that he wanted the producers to add actress Darmira Brunson. “Why do I think she should be on the show? Because she’s black first of all, and she’s really talented,” Pharoah said. “She’s amazing. She needs to be on ‘SNL.'”

By logic, rights and justice, Pharoah should be fired for such a statement. He is pushing his show, and therefore his producers and his bosses, into a controversy that they neither want, need, nor deserve. Sure enough, his comments have already ignited debate and commentary in major dailies and in the blogosphere. He can’t be fired, of course—no producer in Hollywood would dare fire a black performer for advocating politically correct causes like diversity and affirmative action, no matter how inappropriate and unfair his comments were—and Pharoah knows that. Breaking reasonable rules of the workplace—criticizing your own boss in public and causing trouble for your employer are pretty basic taboos—because you know you’re immune from punishment doesn’t make the conduct any better.

He’s not the producer, and casting isn’t part of his job. To announce his own candidate for a hire is as outrageous and out-of-bounds as for a Pentagon general to tell reporters who President Obama should appoint as his Secretary of Defense.

Then there is the  statement itself, which in the context of entertainment and show business, is an endorsement of racial bias and discrimination, even more than with most workplace diversity and affirmative action advocacy. “Because she’s black first of all?” First of all must only be “because she’s funny, and the funniest female comic available.” Saturday Night Live’s goal, which it fitfully achieves, is to make its audience laugh. If Brunson is the best performer to accomplish that, then it makes sense to hire her. Her skin color is irrelevant, except to the extent that it opens up comic opportunities for the show. Otherwise, Brunson is pressuring his employers to hire Brunson over  superior white, Hispanic or Asian performers because of some theoretical diversity formula.

The resulting media focus on the imaginary problem to which Pharoah’s comments alluded is full of reflections, names and statistics, but the basic facts are these:

  • Professional performance comedy is completely utilitarian: if a cast entirely made up of black performers of any gender mix could be shown to be the optimum way to get laughs, ratings and make money for the network and SNL’s producers, that’s what we would have.
  • A funny, talented, improvisational skilled black actress has obvious benefits for a weekly satire show, as the reign of Maya Rudolph amply demonstrated.  There is no reason to presume that the producers would not immediately hire such a performer if one was available.
  • The pool of top-rate improvisational comic actors in general isn’t large (if it were, SNL would be funny more often), the pool of such performers who are African-American is much smaller, and the number of female black improvisational comics is tiny. When the African-American Wayans brothers wrote and produced their own satire show (Jim Carrey was the token white), they included only one full-time black female in the cast, and she was their sister (also the weak link in the cast.)

We can argue about the general principle of affirmative action at another time and place, but applying them to entertainment, sports or any field that must be a pure meritocracy is irresponsible and unfair. Saturday Night Live “needs” funny, talented performers who its audience finds funny…like, say, Eddie Murray. It does not need any black performer, male or female, just to have more black performers, and to take away performing and career opportunities from superior performers whose sole deficit is skin color or ethnicity while simultaneously getting fewer laughs and lower ratings.

Oddly, nobody has ever argued that Saturday Night Live discriminates against improvisational comic actors over the age of 35. Only once has it cast an actor of that age—Randy Quaid, in 1985. 1985 was also the most disastrous and unpopular season in the show’s history. Why no middle age or senior cast hires?  The reasons are legion: 1) Improv comedy is demanding physically and psychologically. Few older performers practice it, or are capable of doing it on a regular basis. 2) SNL’s audience is very young (as well as very male and white). Comedy is generational. 3) Older performers are seldom “new faces.” The ensemble’s called the “Not Ready For Prime Time Players” for a reason. 4) Young actors playing older real life figures and comic characters can be funny; old actors playing younger celebrities or characters is seldom funny, and often creepy. Age diversity, in brief, would not improve Saturday Night Live. Diversity is only an asset to the extent that it allows more comic opportunities. The U.S. does not require, not should ikt ask for, a contemporary satire TV show that “looks like America.” What  it needs is a show that is good.

All of which makes Pharoah’s comments irresponsible, unfair, disloyal, and racially offensive.

And not funny.

______________________________________

Sources: Washington Post, Policy Mic

Graphic: Hello Giggles

Ethics Heroes: Criminal Defense Lawyers Katie Kizer And Amanda Graham

It's hard to picture Perry in a skirt.

It’s hard to picture Perry in a skirt.

Setting out to change a culture is a daunting challenge, and most of us, given the opportunity to succeed without attempting such a risky task, opt for an easier path. Yet whether it is Jackie Robinson, Danica Patrick, Rosa Parks or Jason Collins, cultures need courageous reformers to keep evolving into more ethical horizons, and fortunately, the heroes eventually come along.

One culture that has been remarkably resistant to change is the practice of law, and the criminal defense bar in particular. Criminal defense is still  overwhelmingly a man’s realm, and a self-perpetuating one. The classic image of the defender of innocent (and guilty) accused criminals has been masculine for centuries, and as a result, few defendants needing a champion are likely to entrust their freedom and perhaps their lives to a defense attorney who looks like one of Clarence Darrow’s young mistresses, Perry Mason’s comely secretary Della Street, or Ann Rutledge. They want Clarence, Perry, or Abe: why take a chance?  Obstructed by such entrenched stereotypes and the need to pay off massive student loans, capable female law grads reasonably choose other legal fields, like family law, where female stereotypes work to their advantage, and avoid criminal law entirely. Consequently, no high-profile criminal trial lawyers with two x chromosomes break through the public’s consciousness, and the bias, the stereotype, and the cycle continues. Continue reading

Debate Alarm: The Fake Statistic Strikes Again

Outrageous.

That damn statistic again. Well, there goes THAT head!

Candy Crowley, disgracefully, chose another question at a Presidential debate—the last one was 12 years ago—based on the completely false and misleading statistic, made up by activists, that women earn “72%” of what men do in the workplace, suggesting that there is widespread gender discrimination in wages. It’s not true; it hasn’t been true for decades. It’s a myth, and one that misleads the public by being given this kind of publicity and credibility. ( The question Crowley allowed even lowered the fake percentage an extra, and fake, 5% from the “77%” Bernard Shaw negligently used in a question to Joe Lieberman. in 2000.) I’m glad Romney didn’t dignify it with a direct answer—he was placed in the position of either telling the questioner, “That stat is imaginary,” or furthur imbedding it by treating it as reality.

I’m generally a fan of Candy’s, but this was irresponsible, and I’m disappointed in her. Public policy debate shouldn’t be framed by simple-minded, misleading factoids, and it is the duty of journalists to insist on facts.

The 77% Lie: Just Because a False Statistic Is Useful and Traditional Doesn’t Make It Less Unethical To Keep Using It.

Sure, lie to us, Mr. President. As long as its for a good cause.

In 2000, CNN anchor Bernard Shaw used the statistic that “women are paid only 77 cents for every dollar men receive for the same work” in a question to Joe Lieberman during the Vice Presidential candidates debate, prompting me to turn or the TV and write a letter to CNN. The statistic had long been debunked as misleading and inaccurate for years by every objective observer who examined it. The unspoken assumption that figure is meant to convey is that this supposed gap reflects sexism in the workplace. It dates from the early days of NOW and the feminist push for the Equal Rights Amendment, an activist-concocted lie, like many of the global warming “facts” mouthed by Al Gore, designed to simplify a complex phenomenon into something unequivocally persuasive. For Shaw, a journalist, to repeat a false and misleading statistic as fact in a nationally televised debate was inexcusable, and irresponsible journalism.

Did I mention that this was in 2000?

The 77% stat is one of my two pet fake statistics (the other being the statement that 50% of all U.S. marriages end in divorce, used by culture warriors on both the left and right), and I have vowed not to let either pass without a red flag until I either drop dead or people stop lying. So I don’t care to hear, thank you, about how I’m picking on the President Obama when Mitt Romney has been using some misleading facts too. I know he has. But when a President of the United States whose supporters laud as a genius and scholar, and who pledged not to mislead the American people promotes his campaign with a widely publicized statistic that he has to know misinforms the public, I believe that’s alarming, insulting, and infuriating.  The fact that Democrats and feminists have been using the same lie for over three decades doesn’t make it less offensive, but more. Continue reading

A Worm In The Culture: Warped Competition Ethics

I'm sorry, Serena, but you're just too good to be on the tennis team. We've decided that you should be on the chess team.

It is difficult for me to comprehend the kind of thought processes that Southampton (New York) High School to ban student Keeling Pilaro, the only boy on  the school’s field hockey team, from playing this season because he is too good at the game, which he learned as a child in Ireland.  I do know their logic is unethical, un-American, and unfair, at least as unfair ought to be defined in the land of the free and the home of the brave.

“They told me I wasn’t allowed to play because I had advanced skills that I learned in Ireland,” Keeling told  local TV reporters. “They told me because I have an ‘adverse effect,’ but they didn’t even explain what the adverse effect was, so that’s what I’m kind of confused about.”
The executive director of the Suffolk County field hockey organization told the local Fox affiliate that the boy was being banned because field hockey “is a girl’s sport.” “When a boy plays,” he explained, “it leads the way for other male players to come in and take over. “[Keeling is] having a significant adverse effect on some of his opposing female players. The rules state he would be allowed to play if he wasn’t the dominant player.”

“Adverse effect,” in field hockey-speak, apparently means an unfair physical advantage, danger to opponents,  keeping a girl from getting more playing time or taking away from a female’s ability to garner postseason awards.

Ah. So we’re talking about discrimination, then, are we? Just so we have our terms straight.

If the woman’s movement has integrity, and it often doesn’t, we would see women protesting this indefensible treatment of the sole male player on a female team. The only field hockey team in the school is the girl’s team: Keeling, by the same principles of fairness and equal opportunity that have been enforced to allow girls to try out for boy’s wrestling, football and baseball teams in high schools and colleges around the country if they have the skills to make the team, should have every right to play on the only field hockey team there is, and not be penalized for his superior skills. Have authorities ever kicked a girl off a field because she was too fast, too strong, too skilled, too good? Would they? I certainly hope not.

Imagine if Ted Williams, LeBron James, Joe Montana, Bobby Orr and Serena Williams had been kicked off their high school teams because they dominated. What kind of Maoist, mediocrity-rewarding, excellence-stifling values is Southampton High trying to infect the nation with by penalizing high performance and achievement? Apparently they don’t understand the nature of competition, which is a serious handicap for a school, and a malady that should not be passed on to a single student. The outstanding competitors make every other player better, unless a player doesn’t want to make the effort, doesn’t have the character to accept that one doesn’t have to win to achieve something important in a contest, or is playing for the wrong reasons. I remember that I was once admonished by a stage director of an amateur production that I was too skilful and experienced for the rest of the cast, and was making them look bad. I was aghast then, and that conversation makes me angry even now, decades later. “Tell them how to be better, then, ” I told her. “Because I’m sure not going to try to do any less than my best.”

We have to decide if we’re really serious about gender equality or not. Keeling is not bigger than the girls on his team, and he doesn’t have a beard and 18 inch biceps. There are two things different about him, and two things only: he is really good, and he has male genitals. I thought the lesson of the women’s movement was that one’s genitals shouldn’t matter, that what mattered was whether you could do the job. Or does that rule only apply to female genitals?

I can certainly understand, if not the logic that is stopping Keeling Pilaro from playing the sport he loves, where the seeds of such illogical logic come from. The seeds come from the bizarre regulations that allow women to be firefighters with upper body strength that would disqualify male recruits, and female soldiers to be certified as combat ready without having to meet the same requirements as a male soldier. They come from affirmative action. When equality doesn’t mean equality in our nation’s increasingly warped, discrimination-is-fairness culture created by regulators, activists and bureaucrats, “Through the Looking Glass” decisions like this one, telling a player he’s too good to be eligible for the team, can begin to make sense.

It doesn’t make sense. It’s not fair, it’s not healthy, and if one applies Kant’s Rule of Universality to it, we end up with a nation of gray, where, as the old Chinese proverb cautions, “the protruding nail will he hammered down.” No more Babe Ruths, no Dana Torreses; no David Beckhams, no Michael Jordans, no Carl Lewises, no Muhammad Alis, no Tiger Woods. And also, as this infection spreads, no Meryl Streeps, Thomas Jeffersons, Thomas Edisons, Eugene O’Neils, or Barbra Streisands. After all, we mustn’t make the less talented and accomplished look bad, feel bad, or make them have to aim higher and work harder to achieve their dreams. It’s wrong to excel. It has an “adverse effect” on those who can’t or won’t.

We all have a stake in whether Keeling Pilaro gets to play field hockey this fall.

The Chivalry Curse, the President, and the Dazzling Smile

The Chair of the Democratic National Committee

The Republicans seldom look more silly—and politics seldom looks more cynical— than when the GOP complains that the media or liberal interest groups are ignoring conduct by a progressive politician that they would vociferously criticize if a conservative politician behaved similarly, even though the Republicans themselves see nothing wrong with the conduct, and would scream that the criticism was unfair if it was focused on a conservative. This is yet another of the funhouse mirror versions of the Golden Rule in action, being employed for a dubious “Gotcha!”: “Do Unto Others As You Would Do Unto Me, Even Though If You Did That Unto Me, I Would Condemn You For It.”

It is the game Republican women’s groups and  conservative pundits are playing now, because the National Organization for Women hasn’t rapped the knuckles of President Obama for calling Rep. Debbie Wasserman-Schultz (D.-Fla.), the Democratic National Committee Chair, “cute.”

Wendy Wright, president of Concerned Women for America (a conservative women’s organization), called out NOW on its double standard, and said,“Of all people who ought to be offended at President Obama’s statement it should be an ardent feminist like Wasserman-Schultz. Isn’t objectifying women by their looks a mortal sin among feminists?” Charlotte Hayes, a senior fellow at the Independent Women’s Forum, the conservative twin of NOW, argued, “If a conservative had said this, [NOW] might have gone quite crazy. The Democrats might have gone quite crazy and tried to have his head on a platter. I guess Democrats could get really mad because you say a woman has a charming smile.”

But, she added, “I’m not one of those people who gets mad if you said I have a charming smile. I would be flattered.”

For its part, NOW has said that it has more pressing matters than criticizing a major ally’s politically incorrect gaffe, much as it couldn’t be bothered to criticize Bill Maher for calling Sarah Palin a “dumb twat” or MSNBC’s Ed Schultz for describing conservative pundit and single mother Laura Ingraham as a “right wing slut.” The President and the woman with the cute smile, meanwhile, are ignoring the whole thing.
Here is the irony, and the problem: they are all wrong. Continue reading

April 12: Celebrating A Statistical Lie

Some background, relevant to this topic:

I have mentored women executives. I have reported wage discrimination based on gender to an employer. I have called out a supervisor on sexual harassment, and, inspired by a younger sister who is twice the lawyer I could ever be but who had to work twice as hard to get the recognition I have, I continue to be active in opposing sexual discrimination and continue to help companies develop harassment-free cultures, which I view as an ethics issue. I mention this to try to demonstrate up front that I am no apologist for gender discrimination in wages or in anything else, as I note that today perpetrates a dishonest statistic that has been circulated by advocacy groups and uncritically accepted by the media and elected officials for decades, and ending the misinformation is wildly overdue. I repeat: I want women to be hired and paid on merit, fairly and on the same basis as men. But the lies have got to stop, and April 12th is the perfect day to stop it. Continue reading