The Teacher’s Pilgrimage

KHAN!!!!!

In August 2008, nine months after starting her job as a middle school math teacher in Berkeley, Ill., Safoorah Khan asked her school to give her three weeks off in December for a pilgrimage to Mecca, in Saudi Arabia. Though a Muslim is supposed to make the pilgrimage, called a hajj, once in a lifetime and Khan was under 30, she insisted that this was the time for her to go, and believed that the school’s refusal—it argued that having to replace her for that length of time in the middle of the school year was unfair to the students and a burden on the school’s budget—was discriminatory. She quit, made her pilgrimage, and thus infused with the wisdom of Allah is suing the pants off of her former employers. Her lawsuit alleges that by refusing to make a “reasonable accommodation” to her request, it was discriminating against her on the basis of her religion.

Meanwhile, Eric Holder’s Justice Department is joining the case on her side. Continue reading

Update: Derek Jeter Is Now A Full-Fledged Ethics Dunce

In an earlier post, I noted that Yankee legend Derek Jeter could do the right thing and accept the New York Yankee’s generous offer to pay him about twice what he’s worth, or become an Ethics Dunce (qualifications: greed, ingratitude, selfishness, unfairness, abuse of power ) by trying to extort the team for millions of dollars he neither needs nor deserves.

He has chosen the latter. Sorry, Yankee fans. Derek’s a Dunce after all.

I really thought he was better than this.

One Word Removed From Ethics Dunce-hood: Yankee Shortstop Derek Jeter

Derek Jeter is not an Ethics Dunce yet, and all those who admire the career of the great Yankee shortstop—even grudging Red Sox fans like myself–have to hope and wish that he does nor become on. He is perilously close, however—one word away, in fact. The word is “no,” and if he utters it in response to the reported contract being offered to him by the New York Yankees, it is time to replace his NY cap with a tall, pointy one. Continue reading

Unethical Lawsuit Files: The Golfer and the Diner

The tort system  evolved to ensure that those injured by the recklessness, maliciousness or negligence of others can enlist the courts and juries to help them be made whole. It presumes, but, sadly, does not require, a measure of fairness, proportion, personal responsibility, forbearance, prudence, empathy, and common sense, as well as a lack of greed.

Two recent lawsuits, involving a golfer and a diner, illustrate how an otherwise good system can be used unethically.

First, the Diner: Continue reading

Perry v. Schwarzenegger: Choosing Ethics Over Morality

Predictably, Judge Walker’s decision in Perry v. Schwarzenegger striking down California’s voter approved Proposition 8 has infuriated foes of gay marriage, who have condemned his opinion as judicial activism, a rejection of democratic process, and an agenda-driven farce. Walker himself is being attacked for having a conflict of interest, because he is widely believed to be gay himself. (The belief that a gay judge cannot rule objectively on the issue of gay marriage while a straight judge can is itself an expression of bias.) This is not surprising. What is surprising, at least to me, is that the only substantial argument critics of the opinion can articulate is based on the exact proposition Walker rejected in his opinion: that laws should be able to prohibit conduct based on morality and tradition alone, without quantifiable and verifiable reasons relating to the best interests of society. By insisting that a California law that would withhold a fundamental right—marriage—from a class of Americans must justify itself with reason rather than tradition, Judge Walker ruled that it is ethics, not morality, that should govern American law and justice. Continue reading

Ethics Quote of the Month: Judge Vaughn Walker

His opinion declaring the voter-approved ban on same-sex marriages in California unconstitutional is here.

The opinion really begins on page 110. Opponents of the opinion are calling it “judicial activism,” “overturning the will of the people,” and “ruling by fiat.” Don’t buy it. The judge logically, fairly and appropriately explains why withholding the basic right of marriage from same-sex couples is a violation of essential values and American principles of ethics and law. Forget about the pundits and the spin: read what Judge Walker wrote.

Ethics Audit: the Deep-Water Oil-Drilling Ban Saga

President Obama’s ban on deep-water oil drilling in the wake of the Deepwater Horizon Gulf oil disaster pits important ethical values against each other: fairness vs. responsibility. On both sides of the equation is prudence. New Orleans federal judge Martin Feldman over-ruled the ban and issued an injunction against it, saying in effect that there was no contest: the ban isn’t fair, prudent, or responsible.

The Obama Administration’s ethical argument supporting the ban goes something like this: Continue reading

The Arizona Boycotts: Unethical and Unjustified

Seattle, San Francisco, Los Angeles, Washington D.C., Boulder, Boston, St. Paul, Austin, El Paso, Oakland and San Diego have all announced a boycott of Arizona, which stands condemned, in their view, of “violating basic American principles,” “Draconian law enforcement,” “promoting racism,” and “un-American measures.” All this, for announcing that the state is going to enforce a law long on the books that the Federal government stubbornly fails to enforce itself.

Almost all boycotts are unethical, and this one doesn’t come close to being fair or reasonable. Boycotts use economic power to bend others to the will of large groups that disagree with conduct or policy, bypassing such niceties as debate, argument, and rational persuasion. They can be effective, but they always depend on causing harm to third-parties, bystanders and others not directly involved in the decision that prompted the boycott, thus creating pressure on decision-makers to change direction based on considerations that have nothing whatsoever to do with the underlying controversy. It is a bullying tactic, and the only way it can pass ethical muster is if the reasons for it are clear, strong, virtuous, undeniable, and based on irrefutable logic that the boycott target is so wrong, and doing such harm, that this extreme measure is a utilitarian necessity. Continue reading