sexual harassment

Morning Ethics Warm-Up, 4/6/2018: The Good, The Bad, And The Ugly

/ Jack Marshall / 34 Comments

Gooooood Morning!

1. From the Moral Luck files:

What you just saw is a bald eagle landing on Seattle Mariners starter James Paxton’s shoulder during the National Anthem before yesterday’s Mariners-Twins game.  Here’s a closer look…

The eagle got confused: it is supposed to go to his trainer, in one of the more spectacular Anthem displays that has ever been devised: I’ve seen this performance several times.  After the game, Paxton was asked why he didn’t try to escape. His answer:

“I’m not gonna outrun an eagle, so just thought, we’ll see what happens.”

Heck, he had already endured the horror of Dessa’s incredibly off-key rendition of “The Star Spangled Banner,” what’s a mere bald eagle attack? Seriously, Paxton’s quote is an ethics guide: Don’t panic, don’t act on emotion, assess the situation, see what happens, and act accordingly. Of course, the fact that this strategy worked out well helps: if the eagle had ripped his eyes out, everyone would be saying Paxton was an idiot not to run.

How I would have loved to see this happen to Colin Kaepernick!

2. How the President gets himself into ethics trouble. I just watched a clip of Trump speaking yesterday about California’s sanctuary cities. “The thing is that these cities are protecting bad people,” he said, with emphasis. Naturally, this will be characterized as racism. It’s not racism, however. The statement is just overly simplistic, and exacerbated in its inflammatory elements by the President’s rudimentary vocabulary, in which the only operable adjectives appear to be great, bad, horrible, wonderful, terrible, sad, and a few more. It is impossible to communicate about complex issues competently and fairly with such meager tools. Illegal immigrants have broken our laws and willfully so. That is not good, but it does not make all of them bad people….though many are. Continue reading →

Comment Of The Day: “Harassing McGruff: Oh-Oh…Am I Going Crazy?”

/ Jack Marshall / 5 Comments

I’m going to post the whole ad at issue again, because it is an essential reference point for context:

My almost entirely serious post about the GEICO ad showing McGruff the Crime Dog being subjected to office harassment based on his appearance and species/race prompted more and more diverse commentary than I expected, and one slam-dunk Comment of the Day, by Zanshin, who has a record of deconstructing oddball Ethics Alarms posts.

Three points:

1. I was not aware that McGruff had starred in anti-bullying videos, and I doubt that any but a tiny fraction of the intended audience for the GEICO commercial is either,

2. Kudos to Zanshin for seeing a connection to The Jehovah Paradox, which I did not. It is not often that I am told that I don’t understand my own inventions, but he makes an excellent argument. I also need to add TJP to the Ethics Alarms list of concepts and special terms, which I had neglected to do.

3. I just saw the ad again, and it still feels to me like GEICO is making light of workplace racism, bullying and harassment, and

Here is Zanshin’s Comment of the Day on the post, Harassing McGruff: Oh-Oh…Am I Going Crazy?:

Jack asked, […] am I just seeing an ethics breach that isn’t there?

My answer, You saw only the unethical part in this commercial because you didn’t have the context to ‘see’ the ethical part in it.

tl/dr

1. McGruff is subjected to cruel bullying and office harassment.

2. Is that an ethics breach? No, not if one understands “The Jehovah Paradox”.

3. In the commercial McGruff doesn’t break character.

4. (At the minimal) the commercial doesn’t go against the teachings of McGruff.

5. The commercial makers should have done a better job in making the teachings of McGruff more explicit.
(But maybe couldn’t given intellectual property/licensing issues?)

Let me explain. Continue reading →

Ethics Observations On The Astounding Yet Predictable Hypocrisy Of Connecticut Congresswoman Elizabeth Esty

/ Jack Marshall / 7 Comments

The abuser and his enabler, who is also a devoted champion of protecting women in the workplace for male predators unless the particular predator is useful to her.

Rep. Elizabeth Esty (D-Conn) was quick to demand the Rep. John Conyers resign when the facts surfaced of his habitual sexual harassment of staff and other women. She backed the shaming and eviction of Minnesota Senator Al Franken, another Democrat, based on allegations of sexual misconduct. She has been a vocal  champion of the #MeToo movement on Capitol Hill.

But it has all been posturing, for Esty doesn’t embrace the actual principles of It’s Time or #MeToo. Like so many other employers, businesses and cultures, like NBC, CBS, Hollywood, the Weinstein Company, the Metropolitan Opera, the Trump White House, and, of course, the Catholic Church, Esty believes  that sexual harassment and sexual abuse are unacceptable and a reason to point fingers and level accusations when someone else does it, enables it or ignores it, but when the abusive employee is your own and is a “high performer,” as in “a star,” it’s different somehow.

When she learned that her own valuable Congressional aide, chief of staff Tony Baker, had engaged in harassment and abuse of Esty’s own female staff members, Esty moved to protect Baker rather than the women. He was not dismissed from his position until three full months after his wrongful and illegal conduct was known to her, continuing to work with the same women he had threatened.  Then she signed a non-disclosure agreement and paid him $5000, while also writing a glowing recommendation so he could be free to harass women someplace else. Baker got himself employed  by Sandy Hook Promise, a gun control group, which dismissed him after the full story of the reasons behind his leaving Esty’s staff came out last week.

“You better fucking reply to me or I will fucking kill you,” Baker had said  in a voice mail message to Estes aide Anna Kain. Kain was granted a restraining order against Baker after she signed a sworn affidavit that the Esty chief of staff punched and threatened to kill her. This and more was still not enough for Rep. Esty to see her way to firing him. Woke is apparently not the same as “awake.” Or sincere. Continue reading →

Harassing McGruff: Oh-Oh…Am I Going Crazy?

/ Jack Marshall / 96 Comments

Being an ethicist, especially a blogging ethicist, has its disadvantages. One bad one is that your ethics alarms are tuned to be so sensitive that you see, or think you see, ethics issues in just about everything. Now I think I just may have crossed the line into ethics-hypersensitivity madness, or EHM.

That GEICO commercial above really, really bothers me, and apparently I am the only one.

What is looks like to me, and did from the very first time I saw it, is cruel bullying and office harassment. Despite the stated gag in the ad, this isn’t human beings talking “baby-talk” to a dog. The ad depicts co-workers being deliberately cruel to a colleague because of his appearance, and arguably his race. (McGruff isn’t a dog; he’s a “Goofy,” one of the strange dog-headed animated human mutants most prominently represented by Disney’s slapstick star. Pluto, as made quite clear by the kids in “Stand By Me,” is the dog..)

I find it incredible that GEICO would put out a TV ad that makes a joke about bigotry and workplace harassment now, of all times. How is that funny? Poor McGruff is trying to do his job, and his entire office refuses to take him seriously because he has a dog-face. They humiliate him. They show they don’t respect him. They gang up on him. And GEICO’s announcer just calls it “surprising,” meaning “hilarious.”

I don’t find someone being made to feel like they are being relegated to the role of an office joke as hilarious. We are watching a classic hostile work environment scenario, and GEICO is telling us that it’s funny. Doesn’t that inform children that this kind of peer bullying and denigration is OK, indeed fun? Why doesn’t it? Because McGruff is a ‘toon?” Why isn’t that tantamount to racism? Because of how he looks? If there was a comedy scene in “Who Framed Roger Rabbit?” where Jessica Rabbit was mercilessly ridiculed and hazed because of her body, would that have been all right? Why isn’t the depicted treatment of McGruff the Crime Dog the equivalent of making relentless comments about a co-worker’s unusually large breasts, or weight?

Or am I just seeing an ethics breach that isn’t there? Go ahead, you can tell me. I can take it.

Morning Ethics Warm-Up, 3/22/18: Nanoo Nanoo, And The Oxford Comma

/ Jack Marshall / 54 Comments

Good Morning!

1 . From the “Oh, Come on!” files. As I have mentioned here several times, Georgetown Law professor Professor Paul Butler decided to ambush me with a cheap shot on NPR last year, interjecting “Oh come on!” as I was explaining how a celebrity or prominent man’s inappropriate sexual advances could be initially welcome to a female subordinate, and then later, after, say, the same celebrity is regarded as toxic by that woman’s peer group, what were originally “welcome” (or not unwelcome) attentions could become retroactively unwelcome, prompting an accusation of sexual harassment. I was 100% correct. Last month, in an email exchange on ten topic with the NPR host, I was told that both she and the professor thought I was making excuses for Donald Trump.

Thus does Trump hate and bias make intelligent discourse increasingly difficult. If I had used Al Franken as my example instead of the President, I presume my commentary would not have been kneecapped. But I digress…

In jaw-dropping revelations in a new book coming out in May, actress Pam Dawber and others describe how co-star Robin Williams often treated her and other actresses on the set of “Mork and Mindy.” The book discusses Williams’ “improvisations”…

[M]any of these additions were sexual and directed at the women in the cast, such as when he goosed the actress who played Mindy’s grandmother with a cane.

[Director Howard] Storm said: ‘I’m standing there watching this and I’m thinking, “oh my god” and I just laughed. I thought she was going to turn and say: “How dare you stick a cane in a woman’s ass?” That sweet old lady.’There was nothing lascivious about it, in his mind. It was just Robin being Robin, and he thought it would be funny. He could get away with murder.’

Other times Williams would grab Dawber’s bottom or her breasts simply because he was ‘bored.’ 

‘He’d be doing a paragraph and in the middle of it he would just turn and grab her ass. Or grab a breast. And we’d start again. I’d say, “Robin, there’s nothing in the script that says you grab Pam’s ass.” And he’d say: “Oh, ok,”‘ Storm added.  

Garry Marshall, the producer of the show, said: ‘He would take all his clothes off, he would be standing there totally naked and she was trying to act. His aim in life was to make Pam Dawber blush.’

But Dawber remained unfazed, she admits: ‘I had the grossest things done to me – by him. And I never took offense. I mean I was flashed, humped, bumped, grabbed. I think he probably did it to a lot of people…but it was so much fun.

‘Somehow he had that magic. If you put it on paper you would be appalled. But somehow he had this guileless little thing that he would do – those sparkly eyes. He’d look at you, really playful, like a puppy, all of a sudden. And then he’d grab your tits and then run away. And somehow he could get away with it. It was the Seventies, after all’.

Wait: if it was the 70’s, does that mean that in the parallel universe where Robin Williams has conquered his demons and is running for the U.S. Senate as a Republican (those parallel universes are funky, let me tell you), Dawber couldn’t come out and destroy his candidacy by describing his outrageous behavior? Does it mean everyone would say that she was being unfair, and that she wouldn’t be lionized as another #MeToo hero?

Continue reading →

The Stolen Kiss: By #MeToo’s Standards, Katy Perry Sexually Assaulted Benjamin Glaze On TV. NOW What, Feminists?

/ Jack Marshall / 40 Comments

The stolen kiss is an iconic romantic moment, celebrated in literature, films and popular culture. But sexual harassment law and feminist outrage has dictated that it is, when unwelcome—immediately or later—sexual assault serious enough to warrant national shunning, social isolation, media condemnation and a marred career and reputation.

On this week’s premiere of the rebooted “American Idol,” a 19-year-old cashier  Benjamin Glaze prefaced his audition by telling the judges that he had never kissed a girl. “I have never been in a relationship and I can’t kiss a girl without being in a relationship,” he said.

Pop singing star Katy Perry beckoned the shy young man. “Come here. Come here right now,” she said.

Perry was using her stardom, her superior status, and the glare of the TV lights to exert power over the young man. This is often the modus operandi of workplace predators.

When Glaze come over to the judges’ table, she thrust her face toward him. making an obvious demand. “On the cheek?” he said. The singer smiled in response. Glaze tentatively  touched his lips to her cheek, but Perry complained that it wasn’t sufficient,  that he hadn’t even made the “smush sound.”  He began to kiss her again on the cheek, but Perry quickly kissed him squarely on the lips. “Katy!” he exclaimed.  “You didn’t!” Ms. Perry raised her arms in victory, like she had scored a winning goal.

Remember, Perry once said in a video, “I’m automatically attracted to beautiful…I just start kissing them. It’s like a magnet. Just kiss. I don’t even wait.” Oh, I’m sorry, I got confused for a moment. Candidate Donald Trump said that as part of his macho, locker room pig-boast caught on tape, for which he has been assailed by feminists ever since, and called a sexual predator, although he has never been seen on  coast-to-coast TV kissing any woman without warning or consent.

OK, now what? That kiss by Perry was sexual assault, and the “Idol” judges were gleeful about it. Glaze didn’t let Perry off the hook, either, by saying he was thrilled.  He made it clear that Perry’s kiss was unwelcome. Continue reading →

#MeToo Ethics Fiasco In Colorado: The Vengeful Frankened Democrat

/ Jack Marshall / 13 Comments

That’s Steve on the left, Faith on the right…

Colorado legislators last week voted overwhelmingly to kick out State Representative Steve Lebsock, a Democrat, after five women had accused him of eleven total instances of sexual harassment. To say Lebsock did not go gentle into that good night is an understatement.

One of the accusers was a colleague and fellow Democrat, Rep. Faith Winter, who claimed that Lebsock “acted aggressively” toward her when she turned down his sexual advances during an end-of-session party in 2016. She claimed that he grabbed her elbow, causing her to feel threatened. Lebsock denies the allegations of all of the women, and claimed that he was being railroaded out of his seat to help his accuser, Winter, win a state Senate seat in November. So vigorous was Lebsock in his defiance that two other Democrats, Assistant House Majority Leader Rep. Alec Garnett and Rep. Matt Gray, announced in speeches that they had been wearing bulletproof vests in the chamber for weeks in response to his threats.

No, Steve Lebsock didn’t order a hit. He was more creative. To enact his revenge on his party for making him Colorado’s Al Franken, he formally switched his party registration from Democrat to Republican just minutes before the state House expelled him. As a result, Republicans, rather than Lebsock’s original party, get to fill the vacancy left by Lebsock’s expulsion.

Of course, nothing says that the Colorado GOP couldn’t treat this technical maneuver as the petty payback it is, and in the interests of comity and fairness, let Democrats choose who will fill Lebsock’s seat by allowing Democratic governor John Hickenlooper to appoint his replacement.  Nah!  Colorado Republican Party Chairman Jeff Hays said a vacancy committee would meet later this month to pick Lebsock’s replacement, saying,

“Statute clearly assigns our vacancy committee the authority and responsibility to fill this seat. After careful consideration, we concluded it would be dereliction of duty to punt the appointment to Gov. John Hickenlooper. We owe it to the people of House District 34 to give them the experience of ethical representation, which the Democrats, when they controlled the seat, signally failed to provide.”

The rationalization for this argument is that the Democrats had known about Lebsock’s harassing conduct all along, and covered it up before the #MeToo fervor struck. Of course, if the Democrats knew, it’s likely that his Republican colleagues knew as well. Continue reading →

Morning Ethics Warm-Up, 3/9/18: Update On A Jerk, Deceptive Recycling, A Movement Becomes A Club, And The Future Is Abused

/ Jack Marshall / 19 Comments

Good Morning!

1 Good! Billy Williams, that Derry, N.H. Used Apple Store owner who announced that Republicans weren’t welcome in his store, was evicted from his space. For weeks, a sign in the window has said that the store would re-open after renovations, which Williams’ former landlord says is not true. Williams rented the commercial space for $2,000 per month and owed $15,110 after neglecting to pay rent for seven months.

Williams, you will recall, said that he infallibly could recognize Republicans. His Facebook post announcing the GOP ban described members of the political party as “almost evil, and to be honest, usually evil.” [Pointer: Arthur in Maine]

2. Recycling Deceit: In Atlanta’s Hartsfield-Jackson International Airport, I was intrigued yesterday by the cylindrical re-cycling receptacles that had two deposit holes, a circular one on one side, into which we were told to put cans and bottles, and a long rectangular slot on the other side, for newspapers and other paper refuse.  I lifted off the top: sure enough, everything went into the same place, newspaper and cans alike. I don’t know what the term is for gratuitously demanding that the public do something pointless and trivial just to exert power, but this was it.

3. The problem with #MeToo. Commenting on yesterdays Comment of the Day, in which Carcarwhite wrote, while criticizing the #MeToo movement,

“I was kissed by Eddie Van Halen back stage in the 80’s, on the lips, a few times. He was tipsy and happy and took a selfie of us before seflies were selfies, and I’ve actually had friends on the Left tell me I should my story publicly. And they say I am ENABLING THIS BEHAVIOR by not going forward”

Commenting, Still Spartan said in part, “What you described is NOT “Me Too.” Just because some people take it too far, does not mean that it is not legitimate. Please take it from someone who had to leave a job and have her career derailed for multiple years because of this crap. It happens, and it happens every damn day.” Continue reading →

Comment Of The Day: “NOW Monica Lewinsky Says She Was Abused And Sexually Harassed”

/ Jack Marshall / 15 Comments

[I’m in an Atlanta hotel, waiting for breakfast and needing to re-arrange my notes for a legal ethics and technology seminar later this morning. No time before the knock on the door to get the Warm-up going, but at least I can add one of the several Comments of the Day stuck on the runway, just like my plane was last night in D.C….]

Carcarwhite takes another step in our ongoing exploration of the confusing “it’s sexual harassment if the woman doesn’t like the unrequested sexual advance, it’s not if she does,but if she changes her mind over tbe next several decades or so she can rewrite history and maybe wreck a career or reputation” standard that has been on vivid display since the unveiling of The Harvey Weinstein Ethics Train Wreck.

Here is her Comment of the Day on the post, NOW Monica Lewinsky Says She Was Abused And Sexually Harassed:

I’m horrified at many of my gender who are crying for equal rights and then act like little whiny babies.

We want equality but we can’t pay 15 a month for our own birth control. We want equal this and equal that then we use (some of us) the flavor of the week to plead our victim case. Hurting our fellow citizens male and female because of this.

I was kissed by Eddie Van Halen back stage in the 80’s, on the lips, a few times. He was tipsy and happy and took a selfie of us before seflies were selfies, and I’ve actually had friends on the Left tell me I should my story publicly.  And they say I am ENABLING THIS BEHAVIOR by not going forward! This is laughable. Continue reading →

Tales Of The King’s Pass: The Rainmakers

/ Jack Marshall / 21 Comments

Are you also an asshole? Because if you’re enough of a rainmaker, you can be as big an asshole as you want!!!!

Wow. You don’t get much more cynical than this.

Here’ s Karen Kaplowitz, the founder of The New Ellis Group, and a business development strategist and coach for over 20 years, essentially denying the existence of ethics and integrity in law firms as a business necessity.  In a piece on the ABA Journal titled Abuse of power within law firms: The rainmaker dilemma, she begins,

Despite their obvious economic value to their organizations, Bill O’Reilly, Matt Lauer and Harvey Weinstein were quickly sacked. Law firms by contrast have often tolerated bad actors who are major rainmakers. Can law firms tolerate abusive rainmakers in the current business climate? Do firms need to be more aggressive about confronting abuses of power?

Can they tolerate abusive rainmakers, in this or any other business climate? Sure they can. Should they? Absolutely not. “Do firms need to be more aggressive about confronting abuses of power?” What? Does this question have to be asked?

Kaplowitz goes on..
Continue reading →