Tag Archives: sexual harassment

The District Of Columbia Bar’s Proposed New Anti-Discrimination And Harassment Rule

In May of 2018, I wrote about the ABA’s new anti-discrimination and harassment rule, 8.4 g, which has been heavily criticized, and, in Tennessee, declared unconstitutional. Here, again, is the text:

“It is professional misconduct for a lawyer to… engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law. This paragraph does not limit the ability of a lawyer to accept, decline or withdraw from a representation in accordance with Rule 1.16. This paragraph does not preclude legitimate advice or advocacy consistent with these Rules.”

Undeterred (and as I predicted), the always “woke” District of Columbia Bar is charging ahead with a version of the rule, and asking for comments from members (like me) on its proposed version, which would replace the current, much narrower anti-discrimination rule currently enforced, Rule 9.1. Here is the D.C. draft:

D.C. Rule 9.1 (Nondiscrimination and Antiharassment)

It is professional misconduct for a lawyer, with respect to the practice of law, to engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status, family responsibility, or socioeconomic status. This Rule does not limit the ability of a lawyer to accept, decline or, in accordance with Rule 1.16, withdraw from a representation. This Rule does not preclude providing legitimate advice or engaging in legitimate advocacy consistent with these Rules.

Hmmmm. Continue reading

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Filed under Gender and Sex, language, Law & Law Enforcement, Professions, Rights

Unethical, Shameless, Gutsy, Creepy Or Thought-Provoking: Kevin Spacey’s Christmas Video

What do we make of this, released by actor Kevin Spacey lastweek almost at the same time as he was being indicted for sexual assault?

Yikes.

The much-acclaimed actor  career collapsed in 2017 as more than 30 people claimed that Spacey had sexually assaulted them. Now he is speaking in the persona—with accent!— of his Netflix series villain, Frank Underwood, the central character of “House of Cards.” Or is he? Much of the speech seems to refer to Spacey’s own plight, and suggests that the actor is being unfairly convicted in the court of public opinion. By using the voice and character of an unequivocal miscreant however, for Frank is a liar, a cheat, a sociopath, indeed a murderer, such protests are automatically incredible.

Or is Spacey making a legitimate argument that an artist’s personal flaws should be irrelevant to the appreciation of his art, especially in a case like “House of Cards,” where the actor’s role can’t possibly be undermined by the actor’s own misdeeds: whatever one says or thinks about Spacey, he can’t  be as bad as Frank Underwood. If you enjoyed watching Underwood destroy lives on his way to power, why should Spacey’s conduct, even if it was criminal, make you give up the pleasure of observing his vivid and diverting fictional creation? This isn’t like Bill Cosby, serially drugging and raping women while playing a wise, moral and funny father-figure. Spacey seems to be arguing that there should be no cognitive dissonance between him and Underwood at all. Who better to play a cur like Frank  than an actor who shares his some of his darkness? Continue reading

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Filed under Arts & Entertainment, Character, Ethics Alarms Award Nominee, Ethics Train Wrecks, Gender and Sex, Workplace

Morning Ethics Warm-Up, 12/28/18: As 2018 Runs Out…

Good Morning!

1. By the way… I want to thank all the stalwarts who have kept the comments lively over this holiday period, when traffic traditionally  all-but-halts at Ethics Alarms, and the 2018 installment has been especially slow, like the whole %^&$#@ year, really. It’s no fun speaking into the winds and shouting into the abyss. The responses and feedback mean a great deal to me, and I am grateful.

2. This sexual harassment concept really shouldn’t be so hard to grasp...but you know how it is when there’s a way to use  legitimately wrongful conduct to  justify exerting power over another—-they’ll streeeeeetch the definition as far as it can go and beyond. This is creative, I must say: A University of Missouri official was questioned regarding a case where a black male Ph.D. candidate asked a white female fitness trainer to go on a date and was eventually suspended from the school for sexual harassment and stalking.  In her deposition in the current appeal, the official suggested that the fact that the male student was larger than the female student gave him “power over her” and violated school policy.

This, of course, would make all instances where a larger male asks a smaller woman out in a school or workplace setting potential harassment, depending on whether she decided later that she was intimidated.  I presume that this would also apply in the rarer circumstances where a larger woman asks out a smaller man…here, for example:

I wonder if the heels count?

3. More over-hyped harassment: A white paper by the National Sexual Violence Resource Center and Urban Institute classifies hard staring as sexual violence. Amy Alkon relates an incident when a victim of such staring called it “rape,” and indeed, “stare rape” is now recognized in some deranged setting as an offense. Continue reading

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Filed under Animals, Childhood and children, Education, Ethics Train Wrecks, Gender and Sex, Government & Politics, Law & Law Enforcement, U.S. Society

One More Reason Not To Watch “Bull”

Harassed and harasser. Guess who stayed employed?

“Bull,” the CBS legal drama starring Michael Weatherly as a roguish, brilliant jury consultant who violates so many ethics rules on behalf of the submissive lawyer who employs him that it actively makes viewers dumber, reached my boycott list almost immediately. It’s a shame, because I could get a lively post, sometimes several, out of virtually any episode, since the show’s respect for ethics, professional and otherwise is non-existent.

Now there’s another good reason to avoid “Bull.” CBS has investigators checking the depth and length of the cultural norms of sexual assault, harassment and cover-ups at CBS, where CEO Les Moonves was recently fired after it was revealed that he was a serial sexual predator. That was odd, too, because the other networks enjoyed painting Fox News as a den of sexism after founder Roger Aisles was exposed as exactly the sort of pig who would make his female talent dye their hair blonde and dress like cocktail hostesses. They also had their news reporters sneering and preaching about evil Candidate Trump boasting about “grabbing them by the pussy” while their execs and stars were actually doing it. (My guess? Every one of the major networks has corrupt, harassment-supporting cultures like Fox and CBS. Every single one.) One of the revelations was that actress Eliza Dushku, the bad vampire slayer on “Buffy,” was harassed repeatedly by “Bull” star Michael Weatherly, and when she complained about it, was fired. To cover-up, Dushku was paid nine million dollars as damages and hush money. As you know, this must have been a campaign financing violation.

The story is disgusting. Read it and retch. to summarize, Weatherly, who apparently is very much like the charming jerks he plays, pet making sexual comments to Dushku, calling her “Legs” on the set, suggesting that she participate in “threesomes” and similar comments. Soon other men on the show were doing the same. Dushku, who had been signed up play a continuing role on the show, complained—as she should have—and Weatherly had her fired. Then CBS paid to cover it up.

Nice.

It is amazing to me that even in the ethics cesspool of show business, this behavior continues to happen, and big corporations continue to allow it, indeed facilitate it. Weatherly says he was misunderstood, that he was joking—like when he said in front of the cast and crew that he would bend her over his leg and spank her, or when he said he would take . Dushku to his “rape van,” which he said was filled with phallic objects and lubricant—that this is just the way he is, that he didn’t mean anything by it and is sorry that he upset anybody.

Bull.

This is classic sexual harassment, and would have been rude, unprofessional and abusive conduct before the term “sexual harassment” was invented.

I have had many female peers and subordinates in my embarrassingly diverse career, including many who were single, attractive, and who caused my heart to skip a beat every time I saw them. I never once made a sexually suggestive comment to any of them; it would not have occurred to me to do so. The reason is that I was raised properly to be respectful to women, and because I instinctively understood that the workplace, even the confusing workplace of show business, was not a locus where basic manners and common sense were suspended. This shouldn’t be hard. That particular ethics alarm should be installed and fully functional by the time a child is 10.

Weatherly, of course, as the star of a successful, popular and lucrative show, assumed that he was immune from discipline, and he was, sadly, right. What should have happened was that the producers should have called him in to grim scene with lawyers present. He should have been told that his conduct was not only stupid and vulgar but illegal. He should have been required to apologize to the actress and to make an appropriate statement to the cast and crew. Finally, he should have been told that a single instance of this kind of conduct, or any hint or retaliation against Dushku, would result in his dismissal for cause.

Disney and ABC, you will recall, fired Roseanne Barr from her own show for a single tweet. Even a CBS show had acted decisively when “Criminal Minds” fired star Thomas Gibson for kicking a writer. Ah, but one instance was racism, and the other was violence. The tragedy is that too many organizations and powerful men, especially in Hollywood and Washington, D.C., still don’t see sexual harassment as all that big a deal. No, it certainly doesn’t help the the President of the United States also doesn’t think it’s a big deal, but you can’t blame CBS’s conduct on him.

There is no excuse for this. There was never any excuse for this.

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Filed under Arts & Entertainment, Business & Commercial, Character, Ethics Alarms Award Nominee, Etiquette and manners, Gender and Sex, Law & Law Enforcement

Analysis: Neil DeGrasse Tyson’s #MeToo Accusations And His Response

Oh, great…the Harvey Weinstein Ethics Train Wreck is still making stops and picking up passengers. This time the target is Neil deGrasse Tyson who someone, actually several somones, decided was a powerful man too full of himself who needed to be taken down a peg or sixty, and thus he has been accused–Democratic Senators would say “credibly” accused—of two episodes of sexual harassment and one rape. This is no trivial matter for Tyson, whose carefully constructed image as the new Carl Sagan is now in real danger. So is his job, his celebrity, his reputation and perhaps his marriage.

The three accusations belong in two boxes. The two sexual harassment claims may bolster each other, for harassing is an attitude, a habit, and a form of ethics blindness. Real harassers never do it just once. Rape is something else entirely, and, obviously, far more serious, since it is a crime.

Let’s examine each of the accusations, and Tyson’s defense, which he issued in a long Facebook post over the weekend.

Accusation #1:

Workplace Harassment: Hostile work environment and Unwanted sexual advances (2018)

Ashley Watson, who began a job as Dr. Tyson’s assistant on “Cosmos” in the spring, told an interviewer that on one occasion he asked if she would like to come to his home to share a bottle of wine and “unwind for a couple of hours.” She agreed to come in for one glass, she said, believing that they were going to talk about work and her future assignments.

Once in the astronomer’s apartment, she said, he told her that “as human beings, we all need release,” and asked if there were any “releases” she needed.  (Oh-oh!) As she began to leave a while later,  and he asked if she would let her show her  a Native American handshake.” This required clasping their hands together , finding the pulse on the other person’s wrist, and looking into each other’s eyes. (Super Oh-oh, and also “You’ve got to be kidding me.”) She says that it made her uncomfortable, and she broke it off after about 10 seconds.

As she was again trying to leave, she says Dyson commented, “I want you to know that I want to hug you so bad right now, but I know that if I do I’ll just want more.”

Then, the next day, he told her, “You say you want to be a producer, but it’s always going to be an uphill battle for you because you’re too distracting.”

She says told a supervisor ,a line producer,about what had happened, and that she was quitting.. The supervisor, asked Watson if she wanted to file a complaint. She said no. The supervisor suggested she tell her co-workers that she was leaving because of a family emergency, which she did.

Comment: If accurately described, this is slam dunk sexual harassment. The apartment visit is an extension of the workplace. If it is a veiled “date,” Tyson has crossed a line because he is the woman’s supervisor with hiring and firing power. She cannot consent meaningfully. The release comment, depending on the delivery and context, is creepy and plausibly sexual in intent, unless he also said, “Me? I like to watch baseball. How about you?” The “Native American handshake” sounds like a nifty version of the old “shoulder rub.” Now there has been touching, and forced eye-gazing. Ew. The last comment at the apartment  is also a sexual advance, especially in context with the rest.

Tyson’s Explanation: Not good. In his Facebook post,  Tyson described the handshake as one he uses “in appreciation of people with whom I’ve developed new friendships.” He said that at work, Ms. Watson freely offered hugs, which he typically rejected, but that on a few occasions, he “clumsily declared, ‘If I hug you I might just want more.’”

“My intent was to express restrained but genuine affection,” he wrote.

He also wrote that . Watson had come into his office after the incident in his apartment and told him she had been “creeped out.” He said he had “apologized profusely” and that she had accepted the apology.

Comment: Tyson’s defense is essentially “I didn’t mean anything by it, she construed it the wrong way, and anyway, she accepted my apology.” Those are three excuses, none of which carried any weight in sexual harassment cases. It’s what the harasser did, and how the harassed felt about it. His apology and her acceptance of it, even if true, doesn’t undo the event. The encounter and his words  made her uncomfortable working with him, and objectively, anyone can see why. It is also interesting that Tyson doesn’t deny the “release” conversation, or his later comment about her being a distraction.

Since Watson had to leave her job, this episode could justify a lawsuit for sexual harassment.

Accusation #2: Sexual assault (2009)

Continue reading

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Mourning Ethics Warm-Up, 12/5/2018: Fredo, Tom Arnold, Rep. Ocasio-Cortez, Senator Hirono, Fredo, Joe Biden, And Camille Paglia—Who Doesn’t Belong In This Group?

Good Afternoon…

1 A Big Lie is born!  The fact that Tom Arnold married Rosanne Barr tells me all I need to know about his intelligence and judgment, though it did get him a single good movie role in “True Lies,” which I never could completely enjoy because the her husband’s abuse of Jamie Lee Curtis’s character seemed so cruel and offensive, but was still played for laughs. That movie is decades old, but Arnold is still holing on to shred of celebrity by being a full-time President Trump troll,  thus getting him the love and fealty of thousands of like-minded Twitter users. 250,000 of them.

Last week, he tweeted that “80% of gun owners shoot themselves or members of their own families.” His tweet was shared all over social media, and not entirely by those who used it to demonstrate beyond the shadow of a doubt that Arnold is a moron. Thus it will believed by many Americans, quoted by the anti-gun addled, and generally make Americans even dumber on this topic than they already are.

2. When will they ever learn?  Or un-learn? The University of Montana is now featured as the Foundation for Individual Rights in Education’s (FIRE) “Speech Code of the Month.” It earned the honor by declaring in its Student Code of Conduct’s ‘Statement of Responsibility’  that all members of the campus community “have the personal responsibility to promote an atmosphere of civility,” and that discussions “should never become mean, nasty or vindictive.”

Of course, since the administrators of a committed left-biased institution will decide what is “mean” or “uncivil,” both subjective standards, you can guess whose speech will be chilled by this.

When did freedom of expression stop being a liberal value? Presumably it began when progressives stopped being able to defend their most extreme conduct, positions  and beliefs…

Continue reading

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Filed under "bias makes you stupid", Ethics Alarms Award Nominee, Finance, Government & Politics, Incompetent Elected Officials, Law & Law Enforcement, Popular Culture, Rights, U.S. Society, Workplace

Mostly Non-Baseball Ethics Musings While Nervously Watching The World Series [UPDATED!]

1. Dave Roberts did indeed get a standing ovation from the Boston fans when he was introduced in the pre-game ceremonies. As I promised…

2. Another family has written an attack letter against a member running for office. This is the second instance of this ugly campaign tactic this election  cycle. I don’t care what party is involved, or who the candidates are. Amy family members who would do this are contemptible.  The Laxalt family members, the culprits this time, even wrote that they didn’t know their target very well. If they don’t know him, why do their opinions matter?  Have they no decency? Has no one any decency?

3. I thought my left-wing echo-chamber addled Facebook friends were kidding when they suggested that President Trump and the Republicans were paying for the herd of illegal aliens marching on our borders. No, apparently some progressive pundits and journalists are actually claiming this, with a Blasey Ford level of evidence. You know, none. So illegal immigrants, encouraged by open-borders rhetoric from American progressives, Democrats and the biased news media, set out to force themselves past our laws and borders, and because this display risks enlightening the public about just how irresponsible and dangerous the left’s romanticized fantasy about illegal immigration is, they are denying that it’s real, and blaming it on Trump. Amazing.

4. Now here’s a campaign controversy you don’t see very often: the Democratic  candidate for the Minnesota State legislature may have married her brother. I  might argue that such incest is not necessarily relevant to her qualifications as a legislature, except that there is evidence that the marriage was a factor in possible immigration fraud and student loan fraud. Continue reading

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