hostile work environment

Ethics Dunce: CNN Morning Anchor John Berman

/ Jack Marshall / 5 Comments
When to you break out the dick jokes, John?

When to you break out the dick jokes, John?

There is apparently no way to stop the trend of supposed professionals polluting our discourse, and the airwaves by inflicting gratuitous vulgarity on us, apparently in the mistaken belief that doing so is clever and cute. It isn’t. It’s unprofessional, juvenile and embarrassing.

CNN anchor John Berman is the latest to join the smut brigade. Announcing a promotion for CNN’s evening entertainment show, “Somebody’s Gotta Do It” starring Mike Rowe, in which Rowe will be doing something—I really don’t care—involving boulders—Berman smirkingly began, “Mike Rowe shows us big stones!” Nice. And stupid. Kate Bolduan, sitting next to him, seemed visibly annoyed, and when he repeated the “joke” after the break, said, curtly, “Please stop.” Continue reading →

Two Embarrassed Legislators, Sex, And The Resignation Line

/ Jack Marshall / 32 Comments

http://www.youtube.com/watch?v=Lq0fUa0vW_E

Question: When does a sexually-charged incident obligate an elected legislator to resign?

Answer: When one or more of the following is true:

  • When the legislator has been found guilty of a sex-related offense in a court of law ( or guilty of any crime, since law-makers must no be law-breakers.)
  • When the incident indicates a bigoted and disrespectful attitude toward women.
  • When the incident makes the legislator’s necessary status as a role model to children and others impossible to sustain,
  • When the incident embarrasses the legislative body and calls its competence, integrity and trustworthiness into disrepute.
  • When the incident calls into question the legislator’s judgment and trustworthiness.

With these standards in mind, let us examine the recent plights of two legislators, one Republican, and one Democrat. First, the Republican:

Rep. Blake Farenthold (R-Tex.)

Blake

Continue reading →

Ethics Hero: “Good Day New York” Co-anchor Rosanna Scotto

/ Jack Marshall / 15 Comments

Screen-Shot-2014-06-27-at-3.52.23-PM

Rosanna Scotto had the professionalism, decency and the courage to step in and reprimand (and embarrass) partner Greg Kelly who engaged in on-air sexual harassment of a young colleague during today’s morning broadcast on the Fox affiliate.

Reporter Anna Gilligan was assigned to New Jersey’s Action Park to try out the new Tarzan rope swing. This required putting on a bathing suit, in Gilligan’s case a relatively conservative two-piece.

. When she completed the water ride,  wet and probably self-conscious (no fair TV exec should make a young woman expose herself like that on TV), Kelly leered, “Nice bathing suit.” He then began teasing her with questions about her temporary breathlessness, tilting into innuendo  Scotto reminded him him to “stay appropriate,”  but to no avail: Kelly was in full frat boy mode. When Gilligan ended her segment by saying she was going to put some clothes on, Kelly protested playfully, saying, “hold on a second, not so fast, Anna!”

When they  cut back to the news desk,  Scotto gave Kelly a disgusted look and asked, “What is wrong with you?”

I wish she had said more, but she was probably right: any more pointed criticism would be airing dirty linen in public. To answer her question though, here is what’s the matter with Kelly:

  • He’s unprofessional, a fool and a pig.
  • He clearly didn’t get the memo, and it came from the culture many years ago, that you don’t treat a female employee, colleague or subordinate like a sex object, a piece of meat or eye candy in the work place. The conduct is rude, it denigrates her as a professional and a human being, it gives a green light to other harassers in the workplace and creates a hostile environment not only for her but for every female employee who sees or learns of the incident. It is also illegal.
  • He is such a boor and a fool that he not only did this, but did it on live TV.

Greg Kelly owes Gilligan, Scotto and every other woman at at the station and in the audience an apology.

Then he should be fired.

Ethics Observations On “The Kissing Congressman” Scandal

/ Jack Marshall / 42 Comments

 

Passionate Kiss

Rep. Vance McAllister (R-La), a married freshman Republican congressman who campaigned by proclaiming his Christian, pro-family values, was seen  on leaked surveillance video from his district office embracing and kissing the Congressman’s 33-year-old  scheduler, also married, Melissa Anne Hixon Peacock.  McAllister apologized, saying

“There’s no doubt I’ve fallen short and I’m asking for forgiveness. I’m asking for forgiveness from God, my wife, my kids, my staff, and my constituents who elected me to serve. Trust is something I know has to be earned whether you’re a husband, a father, or a congressman. I promise to do everything I can to earn back the trust of everyone I’ve disappointed. From day one, I’ve always tried to be an honest man. I ran for Congress to make a difference and not to just be another politician. I don’t want to make a political statement on this, I would just simply like to say that I’m very sorry for what I’ve done.”

Meanwhile, Mrs. Peacock has been dismissed from her job, and reportedly her marriage is shattered.

Some ethics observations: Continue reading →

Encore: “Forgetting What We Know”

/ Jack Marshall / 8 Comments
Rosemary's director is more horrible than her baby...because he's real.

Rosemary’s director is more horrible than her baby…because he’s real.

I noted with horror that Roman Polanski has a new film out that is, as usual, garnering rave reviews. Polanski is a perpetual burr under my metaphorical saddle, and when he is out of the spotlight I am a happier person. One of the early reviews, under the heading “About the director,” describes him this way:

“Roman Polanski is a Polish film director, producer, writer and actor. Having made films in Poland, Britain, France and the USA, he is considered one of the few truly international filmmakers.”

This leaves out what I would argue are the most important parts of his biography, namely that he is a child rapist and a fugitive from the law of the United States. He is also an ethics corrupter on a grand scale. When his name once again made its unwelcome intrusion on my senses, I recalled that one of the very first posts on Ethics Alarms, on Halloween of 2009, was inspired by Polanski. I read it again last night, and reflected on how the blog recently passed its 1,000,000th page view since its launch that same month. I like it, and not many people read it at the time. With a few small edits, I decided to post it again.

Here it is:

Ethics evolves. It isn’t that what is right and wrong actually changes, but that human beings gradually learn, sometimes so slowly it can hardly be detected. For example, slavery was always wrong, but for centuries very few people who weren’t slaves understood that fact. There was never anything immoral about being born gay and living accordingly, but it has taken all of the collected experience of civilization to make this dawn on most of society. While we are learning, and even after we have learned, there are always those who not only lag behind but who work actively to undo the ethical progress we have made. We assume these individuals will come from the ranks of ideological conservatives, misapplying valid concepts like respect for tradition, suspicion of change for change’s sake, and a reliance on consistent standards, making them slow to accept new wisdom . Sometimes, however, the people who try to make us forget what we know come from the left side of the political spectrum, misusing values such as tolerance, freedom, empathy and fairness in the process. This is especially true when it comes to the topic of sex. Liberals fought so long and well to break down the long-established taboos about sex that many of them lost the ability to comprehend that unethical conduct can  involve sex in any way.

The most striking recent example is the bizarre defense of Roman Polanski, best known as the director of the horror classic, “Rosemary’s Baby.” Continue reading →

Final Verdict: The Unethical Media Persecution of Herman Cain, and Five Questions for His Critics

/ Jack Marshall / 11 Comments

The media’s relentless coverage of the non-story of Herman Cain’s alleged sexual harassment 15 years ago continues in defiance of all previous standards of journalistic ethics, fairness and decency.It is a disgusting spectacle, yet the number of individuals, including many of my peers, friends and colleagues, who continue to manufacture ways to blame Cain himself for his outrageous treatment continues to grow.  It is almost a full week since Politico published its fact-free hit job, and still there is nothing substantive that would allow anyone to determine with certainty or even probability that Herman Cain did anything other than spark  opportunistic accusations from female employees seeking a swift pay-off. Astoundingly, people who readily assume that Cain was guilty of wrongdoing based on their undefined claims and resulting cash settlements pronounce themselves “shocked” at the Cain’s defenders’ suggestion that the women themselves had no basis for their accusations. Yet that suggestion is at least as supported by the facts, or lack of same, as the conclusion that Cain did anything wrong.

Anonymous sources have been cited as damning accusers without any information whatsoever regarding the nature of the inappropriate conduct Cain was accused of, without any objective determination regarding whether such conduct actually occurred or, if it did, whether it constituted sexual harassment.

Worst of all, and this has been true throughout the episode (which I regard as a journalism scandal rather than a political one), the news stories and news commentary about Herman Cain’s alleged sexual harassment have almost totally neglected to make it clear to readers what sexual harassment is. The story has been repeatedly referred to as a “sex scandal,” which is wrong and misleading: there is no sex in the form of sexual harassment at issue. The so-called charges (there are no charges at this point) are repeatedly being called “serious,” suggesting Cain did something genuinely substantial and wrong, when that is completely unknown. A lot of conduct that can be used to support sexual harassment allegations may be neither intentional nor objectively harmful in any way. The average member of the public who does not deal with the term sexual harassment as a legal term presumes that it always involves so-called “quid pro quo” sexual harassment: a superior’s solicitation of sexual intercourse or other sexual conduct from a subordinate, using threats, direct or implicit, to make the subordinate comply.

This is Bill Clinton-style sexual harassment, which the public heard enough about during the Paula Jones matter to imprint it indelibly on its mind. It is also the kind of sexual harassment usually on display in “Mad Men” and in other fictional venues. The news media knows this, or should know it, so it has an obligation to make clear that this is not what the two women who filed complaints with the National Restaurant Association  alleged, whatever it was that they alleged. This should be done as a necessary component off every single story and piece of commentary about the matter, because to do otherwise is affirmatively misleading.

Cain’s mysterious, undefined, unproven and never-described sexual harassment was what is called “hostile work environment” sexual harassment. Among the conduct that have been held in particular circumstances to constitute “hostile work environment” sexual harassment are using words of endearment or compliments of a physical nature that an employee considers inappropriate, a repeated request to get together socially that an employee considers unwelcome, jokes, songs, non-sexual touching (such as putting a hand on a woman’s shoulder), e-mails including jokes, stories or photos of a sexual or risqué nature, insults with sexual associations, such as “bitch” or “whore,” looks that an individual perceives as leering or uncomfortably intense, an individual repeatedly looking at a woman’s breast, legs or derriere…or an executive encouraging or permitting any of this conduct to occur repeatedly by other employees or, in the case of an association, members or customers. As far as sexual harassment law is concerned, it doesn’t matter whether the offender intended any of this to be disruptive or not, or whether more than one member of the extended staff finds it so.

Is this what the news reports and commentary about Cain’s phantom harassment charges have clearly suggested he was guilty of fifteen years ago? Absolutely not.

I challenge those supposedly fair and unbiased critics of Cain now arguing, in classic Big Lie fashion, that it is his reaction to the misleading and vague allegations that now condemn him, to answer these five questions: Continue reading →

The Media’s Despicable Catch-22 Against Herman Cain

/ Jack Marshall / 41 Comments

Mr. Cain...meet Capt. Yossarian. He'll expain everything.

I have to rub my eyes, slap my forehead, and keep reminding myself that astounding as it seems, many of the same journalists I hear calling the detail-free and meaningless sexual harassment rumors about Herman Cain “devastating” never considered the sexual harassment issue worth discussing during President Clinton’s Monica Lewinsky crisis, and ignored Juanita Broderick’s credible claims that Clinton sexually assaulted her when he was Arkansas Attorney General. Times have changed, have they? How convenient.

CNN’s Gloria Borger, whose sneering daily coverage of all Republican presidential candidates on has to be seen to be believed, asked the Perry campaign operative Cain has accused of leaking the story to Politico what it would mean for Cain’s candidacy “if the sexual harassment charges are true.” That question is incompetent, dishonest and reckless journalism, because there are no “sexual harassment charges,” and there is no possible way that they can be proven “true.” Borger’s phrasing of her question implies that there is a standing accusation of wrongdoing, and there is not; it also suggests that there is a fair process available to determine truth, when there is not. Thus she exploits the public’s ignorance about sexual harassment (which she quite possibly shares) to impugn Cain without a molecule, atom, or photon of evidence. Nothing. Continue reading →

1. Now THAT’s Unethical 2.Yuck! 3. Is There Hollandaise With That?

/ Jack Marshall / 1 Comment

From his pants to your mouth

Details of a hostile work environment law suit from the Courthouse News service:

“A sous-chef at Morton’s of Chicago in Boca Raton claims managers encouraged employees to sexually harass one another, and that the kitchen high-jinks endangered the public, as one worker would “place stalks of asparagus inside his underwear, next to his anal/genital area in order to simulate his penis,” then would “serve that asparagus to Morton’s unsuspecting paying customers.”

If the plaintiff is making that up, he is spectacularly malicious, and also has a future writing Farrelly Brothers screenplays. If he is not making it up, I may never eat asparagus again.

Unethical Employer of the Week: William Ernst

/ Jack Marshall / 9 Comments

There has been an increase, it seems, in news reports about outrageously abusive, sadistic, unfeeling or generally unethical conduct by employers, either because the nation’s economic problems are bringing out the worst in people, or because I’m getting better at finding them. This story settles it: I’m establishing a new regular category, “Unethical Employer of the Week.” And there couldn’t be a more deserving initial awardee than William Ernst, the owner of a chain of QC Marts in Iowa and Illinois. Continue reading →

You Thought THAT Was Outrageous Sexual Harassment? No, THIS Is Outrageous Sexual Harassment…

/ Jack Marshall / 9 Comments

Yes, disbarred judge Ted Abrams’conduct was terrible.  His harassing behavior towards a female lawyer, however, was chivalry itself compared to what Derek Wright, the owner of Pleasant Grove-based Lone Peak Controls and D& L Electric Control Company, subjected the company’s office manager to during her five year tenure, before he fired her for complaining about him.

In her sexual harassment law suit filed this week, Trudy Nycole Anderson alleges that Wright…

  • …Gave her a Monday-through-Friday “schedule” outlining what she should wear, with “Mini-skirt Monday,” “Tube-top Tuesday,” “Wet T-shirt Wednesday,” “No bra Thursday” and “Bikini top Friday.”
  • …Repeatedly asked her about her breast size and talked about her breasts in front of other employees.