sexual harassment

Herman Cain, the News Media’s New Sarah Palin

/ Jack Marshall / 9 Comments

Calling Herman Cain an Oreo and an Uncle Tom is bad, but comparing him to Sanjaya? Is there no limit to media cruelty?

At least when the media and pundits decided to suspend basic principles of fairness and decency to attack Sarah Palin for the unforgivable crime of being an outspoken conservative woman (even before she had a chance to show she deserved to be attacked for other reasons), she had been nominated for Vice President. Business executive Herman Cain, a similarly reviled aberration from the expected norm as a black Republican, is now getting equally unconscionable journalistic treatment just for getting decent poll numbers.

I will move past the race-based attacks from columnists and the MSNBC hit squad that have explicitly referred to him as an Oreo, an Uncle Tom, a black man who “knows his place,”  “the GOP’s token,” and “the Sanjaya of the Republican field,” as well as the many demeaning references to him as a “joke candidate,” and go right to this weekend, when the Palin standard was on bright display.

Here is part of the interview of Cain on “Face the Nation,” after host Bob Scheiffer showed Cain’s bizarre web ad, which ends with his campaign manager taking a puff on a cigarette:

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.

Shameless Oglers, Ethics Chess, and the Duty to Confront

/ Jack Marshall / 7 Comments

Men who openly ogle the body parts of women in public make me want to turn in my Man Card and start dating Chaz Bono. I don’t know how people get like that, but no male should survive into his twenties with the idea that it is socially acceptable to stare at a woman’s breasts, legs, derriere or comely visage without an express invitation—and yes, some clothing choices can constitute such invitations. Absent that, however, a woman has the right not to be made to feel like a pole dancer, meat on the hoof, or a Sports illustrated swimsuit model simply because she is in public and in the presence of Y chromosomes.

The great relationship advice columnist Carolyn Hax addresses herself today to the lament of a woman who found herself unable to muster a response to a man in a restaurant who continued to stare at her chest, ruining her dinner. Hax initially disappointed me by suggesting that the woman should have simply switched seats, removing the attractive nuisance from his view. But she redeemed herself as she went on to urge the woman to prepare for her future encounters with ogling pigs, since given her natural endowments these were likely to occur:

“Learn to perform under duress through preparation.Ask yourself, now, what you can realistically hope to do in these situations, then prepare the words, gestures and/or actions. Say your plans out loud in the shower (seriously); repeat them to your friends by telling them the restaurant story and spelling out what you wish you had done. Even when practicing feels stupid, use repetition to teach your brain where the path is. In time, you’ll be able to find it no matter how rattled you get.”

This is what I like to call “ethics chess;” preparing yourself to handle ethical problems and dilemmas when they arise…thinking ahead regarding your tactics when a predictable event occurs, so you do the responsible and ethical thing. Continue reading →

Hypocrite…or Lawyer?

/ Jack Marshall / 6 Comments

"After we're done, darling, let's discuss your sexual harassment suit. I think you have a good case!"

This story probably will strike you as a bit odd.

Prosecutors have charged a 50-year-old lawyer, Robert Michael Hoffman of San Francisco, with rape after complaints from four women who told police he assaulted them when they answered his Craigslist ad for rough sex. The prosecutors say that he assaulted at least three of the four women  and engaged in rape, sexual battery, forced oral sex and one count of false imprisonment.

The odd part? Hoffman practices employment law , specializing in sexual harassment cases. Sexual harassment law is explicitly designed to ensure that employees are not exploited, debased or discriminated against because of their gender.Needless to say, rape, sexual battery and  forced oral sex would qualify as extreme sexual harassment. 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.

Now THIS is Sexual Harassment!

/ Jack Marshall / 5 Comments

The Arizona Supreme Court has both censured  former municipal court judge Theodore “Ted” Abrams, prohibiting him from serving as a judge again, and disciplined him as an attorney, suspending his law license for two years. Why, you may well ask?

Well, it seems that before he resigned as a judge there was  a bit of a woman problem: if an attractive woman appeared before Abrams as an attorney, she had a problem.

The State Bar of Arizona determined that Abrams, while serving as a judge, “engaged in a prolonged and relentless effort to sexually harass a female assistant public defender who appeared in his court,” as well as, “in a gross misuse of his power, … inflict[ing] his retribution from the bench for the victim’s refusal to yield to his pursuit.”  Over a 14-month period, Abrams sent the woman at least 28 voice mails and 85 text messages, many of which were sexually overt, including one in which he described a sex act he wanted to perform on her. He repeatedly pressured the lawyer for sex, made slurping noises—I’m pretty sure there is something in the judicial code of conduct that prohibits that-– and once fondled her buttocks. Continue reading →

Strauss-Kahn and His Accuser, Victims of The Postman

/ Jack Marshall / 2 Comments

The accuser of Dominique Strauss-Kahn, the former IMF head who has been devastated by her sensational rape charge, now admits that parts of her original account of the incident and an earlier accusation of rape she made to seek asylum in the U.S. were false.

The Altantic’s Megan McArdle sums up the Ethics Train Wreck thusly:

“There are two possibilities here, neither of them good:

1) A woman with an unsavory past, who has done desperate things to get out of terrible economic conditions, was raped by a prominent figure, and he’s going to get away with it because of her history.
2) A serial cad had consensual sex with a chambermaid, and she attempted to destroy him with a false rape allegation for personal gain. And because of the presumption that women don’t lie about rape, she has succeeded in destroying him . . . though not so much in the personal gain part. To quote Ray Donovan, ‘Where do I go to get my reputation back?'” Continue reading →

Comment of the Day on “Girl Talk and Bigotry Ethics…”

/ Jack Marshall / 8 Comments

We had it coming, apparently...

This comment, from new visitor Linda, exemplifies the kind of thinking that too many Americans believe pass for “ethics.”  In response to my post about a Christiane Amanpour-led  panel on her Sunday morning public issues show that celebrated male-bashing and gender bias, Linda’s response is essentially…

1. You “men” have done worse to us.

2. We have the right to get even.

3. You can dish it out but you can’t take it.

4. We have the right to be bigots too.

Indeed women do have the right to be bigots, but journalists like Amanpour abuse their own First Amendment rights when they use the freedom of the press to advance naked bigotry, and women like her panelists disgrace their own principles when they move from seeking fair and equal treatment for themselves to asserting superiority and advocating gender bias. Continue reading →

Dancing With Thomas Jefferson: How Assholes Make the Law Spoil Life For Everyone

/ Jack Marshall / 32 Comments

Coming to a place of honor and reflection near you.

On Saturday, the U.S. Park Police forcefully arrested five “Code Pink” protesters under the dome of the Jefferson Memorial for defying a recent Federal Appeals Court ruling that dancing at federal monuments was not constitutionally protected expression.

Perhaps you missed that ruling earlier this month, which was, I presume, made necessary by the realization that a flash mob could break out at any moment at the Lincoln Memorial or the Alamo. That was not the threat in 2008, however, when Mary Oberwetter was arrested, also at the Thomas Jefferson Memorial, for hoofing to celebrate Thomas Jefferson’s birthday.

She sued the National Park Service for violating her First Amendment rights, and on May 17 the U.S. Court of Appeals for the D.C. Circuit held that the Jefferson Memorial should have a “solemn atmosphere” and that dancing, silent or otherwise, was an inappropriate form of expression there. The appellate judges concurred with the lower court that the memorial is “not a public forum,” and thus demonstrators must first obtain a  permit. Demonstrations that require permits in the Park Service’s National Capital region are defined as

“…picketing, speechmaking, marching, holding vigils or religious services and all other like forms of conduct which involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which has the effect, intent or propensity to draw a crowd or onlookers. [The] term does not include casual park use by visitors or tourists which does not have an intent or propensity to attract a crowd or onlookers.”

The Appellate Court wrote: Continue reading →

April 12: Celebrating A Statistical Lie

/ Jack Marshall / 7 Comments

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 →