Sunday, September 06, 2009

SOUND OFF: WHERE'D YOU GET THAT MONEY?

Financier Bernard Madoff has been sentenced to 150 years in prison for swindling billions from investors, millions of which he gave to various charities. Of readers responding to an unscientific poll on my column's blog, 52 percent believed that unsuspecting charities that benefited from Madoff's crimes but had no knowledge of his misdeeds should keep every cent they received. It was one of my most closely divided surveys, however, with 47 percent feeling that the charities have a moral obligation to give back the money.

"Unless the charities had reason to suspect that the money was tainted," writes Phil Clutts of Harrisburg, N.C., "they don't `owe' it to the deceived Madoff investors, many if not most of whom, after all, were seeking almost unconscionable profits."

"The charities had no way of knowing the circumstances of how the funds were earned," agrees Charlie Seng of Lancaster, S.C., "so the charities don't owe the Madoff investors anything. We seem to have, as a society, reached the point where anyone who has ever suffered a reversal in fortunes, for whatever reason, feels that they must be made whole."

Check out other opinions here, or post your own by clicking on "Comments" or "Post a comment" below.

Jeffrey L. Seglin, author of The Right Thing: Conscience, Profit and Personal Responsibility in Today's Business and The Good, the Bad, and Your Business: Choosing Right When Ethical Dilemmas Pull You Apart, is an associate professor at Emerson College in Boston, where he teaches writing and ethics. He is also the administrator of The Right Thing, a Web log focused on ethical issues.

Do you have ethical questions that you need answered? Send them to rightthing@nytimes.com or to "The Right Thing," The New York Times Syndicate, 500 Seventh Avenue, 8th floor, New York, NY 10018. Please remember to tell me who you are, where you're from, as well as where you read the column.

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

THE RIGHT THING: SHOWERS LIKELY

Twice this year an Ohio reader's company has decided to throw a wedding or baby shower in the middle of a business meeting at the company's main office. My reader works remotely for this small company, but was required to attend these meetings.

"Quite a few of us were vocal about not wanting to participate in the showers," she writes, "mostly because we don't even know these people, except for seeing them at an annual meeting."

The company's manager told them that they didn't have to participate, and gave them permission to leave during the showers and return when the fun was over and work resumed.

"Of course," she adds, "we were told that we were still expected to contribute to the shower gifts."

My reader and some of her colleagues believe that, if others want to host a shower for a colleague, it should not be on company time and attendance should not be mandatory. She worries that, as more young women become engaged or pregnant, more and more showers will be planned for company time.

"We are told we are not `team players' when we don't want to participate," she writes, adding that, if she takes a strong stance on the matter, her image as a team player stands to get even worse.

"What is the right thing to do when my company arranges wedding and baby showers in the middle of a business meeting?" she asks. "Are we wrong in not wanting to be a part of this?"

To answer the second question first, there's no right or wrong about wanting to be part of such celebrations. We feel the way we feel. Ethics doesn't tell us how to feel, only what to do about those feelings.

Going back to the first question, there's nothing wrong with having a wedding or baby shower on company time. Obviously the company feels that, in the interest of employee morale, this is a worthwhile use of the company's time. If management is happy with the practice, as apparently it is, it's fine.

The sticking point, obviously, is the idea of mandatory participation, particularly when there's a cost involved. An employee celebration of a private milestone isn't the same as an organized work session, and for those who don't feel comfortable participating _ because, as in my reader's case, they don't know the honoree or for any other reason _ discreetly opting out should be an option.

Whatever benefits the showers may have for employee morale are at least partially offset if some of those present resent being there and/or feel that they've been forced to contribute to a gift they wouldn't otherwise support.

To require any employee to donate to a group gift is plain wrong. If the company believes that it's good for morale or otherwise important for a shower recipient to get a gift on such an occasion, let the company pay for it.

And the company should consider scheduling these showers as voluntary events, scheduled after work or at least outside of official meetings. Not as many people may attend, but the honoree won't miss a few strangers - and, after all, what does it say about you anyway if people have to be forced to attend your party?

Unfortunately it wasn't company management that wrote to me for advice. My reader isn't in a position to personally change the policy, so her situation is different.

She and like-minded employees should sit down with the appropriate manager, explain the issues I've outlined above and request that the company change its employee-party policy to be more friendly to all the employees, especially those who aren't usually in the office and don't know most of the other employees.

This may inspire a change, or it may not. If it doesn't, my reader has every right to politely decline to contribute to a gift - "I'm sorry, but I don't really know her" - and then to step out of the room as the celebration begins, as her manager suggests. It would be wrong to refuse to ante up and then stay for the festivities.

If this won't fly with management, she'll have to literally grin and bear it, making the best of a party she'd rather not be at and writing off an occasional shower-gift contribution as part of the cost of doing business with this company.

I hope it won't come to that, though. "Mandatory gift" and "compulsory celebration" are both contradictions in terms, and a smart manager wouldn't mind letting her sit out the party on her own terms.¶

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

Sunday, August 30, 2009

SOUND OFF: OUT OF BOUNDS?

On Aug. 13 the Philadelphia Eagles signed a one-year contract with Michael Vick, former quarterback for the Atlanta Falcons. As nearly everyone knows, Vick had been released by the Falcons after being arrested for involvement in illegal dogfighting. Vick served a 23-month prison sentence for his crimes, and will remain on probation for three years.

Some observers argue that Vick's crime was heinous enough that he should not be allowed to play professional football again. Others insist that, having done his time for the crime, there's nothing wrong with him signing with any team that will have him. What do you think?

Post your thoughts here by clicking on "comments" or "post a comment" below. Please include your name, hometown, and state, province, or country. Readers' comments may appear in an upcoming column. Or e-mail your comments to me at rightthing@nytimes.com.

You can also respond to the poll with this question that will appear on the right-hand side of the blog until polling is closed.

Jeffrey L. Seglin, author of The Right Thing: Conscience, Profit and Personal Responsibility in Today's Business (Smith Kerr, 2006), is an associate professor at Emerson College in Boston, where he teaches writing and ethics. He is also the administrator of The Right Thing, a Web log focused on ethical issues.

Do you have ethical questions that you need answered? Send them to rightthing@nytimes.com or to "The Right Thing," The New York Times Syndicate, 500 Seventh Avenue, 8th floor, New York, NY 10018. Please remember to tell me who you are, where you're from, as well as where you read the column.

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

THE RIGHT THING: DO WHAT I MEAN, NOT WHAT I SAY

A reader in the state of Washington planned to move to a furnished condominium in southern Florida, one owned by a friend of hers.

For several years the friend had tried to rent out the condo seasonally, but without any luck, leaving it to sit idle for at least 10 months of the year. She offered to rent it to my reader, at whatever rent she was paying for her apartment in Washington, from October through May. The arrangement was to start this October.

"She sent me an e-mail at the end of July to the effect that it was settled," my reader writes. "The place was ready and waiting for my arrival."

It seemed like an ideal arrangement. The condo owner could visit my reader occasionally, even when she didn't use the apartment herself, while my reader could rent the place at a price far below market rates. What could go wrong?

"We discussed and agreed that the rental agent needed to be told that the place was no longer available," my reader writes, "which she said she would do."

As it turns out, she never did.

The two talked almost every week, and my reader told her friend about the progress she was making in packing for Florida and planning the drive from the West Coast. She had given notice to her landlord, rented storage space and given away furniture. She even told her friend that she had lined up someone else to rent her apartment in Washington.

"Then one morning, recently, she calls me to say that something incredible happened," my reader writes.

The friend had forgotten to tell her rental agent that the apartment was unavailable, and the agent had found a couple who wanted to rent the place for the same eight months. At full price.

"My friend asked me what she should do," my reader writes. "I told her that she should go ahead with the rental, because I did not want to be the cause of a loss of the full rent."

While the friend apologized, she ultimately decided to go ahead with the new, full-price renters.

Though she had told her friend to do this, my reader is nonetheless upset and disappointed. She believes that it was wrong for her friend to ask her what to do, and blames her friend for the various complications she has to unravel, now that she's staying in Washington.

She has every right to be upset and disappointed at losing out on the apartment she had agreed to rent. Her friend obviously should have contacted the rental agent as she had promised to do.

When the other offer appeared, however, her friend was not wrong to ask my reader's opinion on what she should do. Asking for help with a tough decision is never a bad idea _ if only because it keeps ethics columnists in business.

The failure here, obviously, was on my reader's part. If she felt that her friend would be wrong to take advantage of the new opportunity, which clearly she did feel, she ought to have said so. By not saying so, and indeed by giving her friend the opposite advice, she forfeited the moral high ground here.

Her friend did her the dirty, yes, but she did it with her own permission. I can't blame the condo owner for taking her friend's advice at face value.

The right thing for my reader to do, when her friend asked, was to say that she ought to stick to the agreement they had. She might also have reminded her friend of all the preparations she had made for the move.

It would have been wrong for the friend to jump at the chance for a higher rent as soon as she heard from the rental agent. It might have been best for her to simply turn down the second offer, but I don't blame her for turning to her friend for advice. It's a pity that my reader responded with insincere advice that not only cost her her place in the sun but also put their friendship in jeopardy.

Had my reader told her friend what she really thought, she probably would have ended up spending the next eight months in that condo in Florida, instead of in high dudgeon in Washington.

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

Sunday, August 23, 2009

THE RIGHT THING: STOP SPREADING THE NEWS?

What's the right thing to do when the ethical obligations of citizenship seem to conflict with professional objectivity?

A reader in North Carolina serves as an unpaid committee of one handling communications for the board of his homeowner's association. In this capacity he has collected the e-mail addresses of the 60 or so members of the association in order to distribute the HOA newsletter, in which he conveys announcements of events, security concerns or anything else of "probable resident interest."

My reader is not a member of the HOA's board of directors, but his efforts have had the board's approval.

"I have had nothing but positive feedback on my efforts as the chairman of the one-person Communications Committee," he says.

He has no idea how others in his upper-middle-class community feel about health-care reform, but he says that, having actually read some of the proposed reform bills winding their way through Congress, he has "serious reservations" about them. He has been thinking about getting together a group of his neighbors to discuss the issues of the day, and in particular health care.

He'd like to explore his neighbors' interest in getting together for such a purpose, to see "if anybody had any ideas on how best to express our opinions," and is considering using that e-mail list - but not the newsletter itself - to see what people think.

In the past my reader has been approached by people who wanted the HOA's e-mail list for commercial purposes, and he always has turned them down, pointing out that the e-mails are available on the community Web site.

Given these past refusals, he wonders if it would be "ethical for me to send out an e-mail _ disclaiming any HOA board involvement _ to see what interest it generates."

He recognizes that to do so would open him to possible criticism, and has considered instead printing a flyer and distributing it by hand, at his own expense, to gauge his neighbors' interest.

My reader's worries about the appropriateness of using the e-mail addresses for his own purposes is creditable to him. As long as he makes clear what he's doing, however, there's no reason that he shouldn't use the e-mail addresses. After all, as he says, they are available to any member of the association - including himself - on its Web site.

He is wary of using the newsletter or its e-mail list to advance his own personal views, and rightly so. If he were to send the members an e-mail laying out his position on health-care reform or, worse, if he put his opinions into the newsletter itself, that would indeed be overstepping his bounds.

The whole purpose of the newsletter is to announce upcoming events and issues of interest to the broader membership, however. If he proposes to organize a community meeting to discuss health-care reform or any other public issues, there's no reason not to use the newsletter to publicize that meeting.

If some other member were staging it, he'd obviously include it in the newsletter. Sensitivity about conflict of interest does not extend to denying himself the basic rights of membership.

The right thing for my reader to do is to organize the meeting, working to ensure that it is not merely a platform for his views but rather an exploratory session to which those with views on any side of the issue are welcome. He can then announce it in the newsletter, confining himself to the when-and-where of the meeting and its general topic, and not laying out any pros or cons on the issues involved.

To do so will not only steer clear of ethical issues where the newsletter is concerned, but also fit well with the ethical obligations of citizenship.

At the meeting itself, of course, he is free to lay out his own feelings on the issue.

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

SOUND OFF: PAYING TO REMEMBER THE KING OF POP

Of the readers who responded to an informal poll on my column's blog, two-thirds thought that Michael Jackson's estate should cover the cost of his multimillion-dollar memorial service, which was held at the Staples Center in Los Angeles. Only 8 percent thought that the City of Los Angeles should foot the bill.

"It appalls me that the city would allow this to go forward," writes William Jacobson of Cypress, Calif., "without a whimper beforehand on who would pick up the tab, in the shadow of the Lakers parade, where the city specifically said that they would not pick up the tab (and that it) needed to be paid for out of private donations _ and was."

"The expenses to the City of Los Angeles connected to the Michael Jackson memorial services should be paid by the Michael Jackson estate," writes Jan Bohren of Dobbs Ferry, N.Y., "but the city has an obligation to tell any party what the expenses might be prior to the event."

"What about the media giants who filmed and televised the memorial?," another reader asks. "Shouldn't they step up and help foot the bill through donation of royalties?"

Check out other opinions here, or post your own by clicking on "Comments" or "Post a comment" below.

Jeffrey L. Seglin, author of The Right Thing: Conscience, Profit and Personal Responsibility in Today's Business and The Good, the Bad, and Your Business: Choosing Right When Ethical Dilemmas Pull You Apart, is an associate professor at Emerson College in Boston, where he teaches writing and ethics. He is also the administrator of The Right Thing, a Web log focused on ethical issues.

Do you have ethical questions that you need answered? Send them to rightthing@nytimes.com or to "The Right Thing," The New York Times Syndicate, 500 Seventh Avenue, 8th floor, New York, NY 10018. Please remember to tell me who you are, where you're from, as well as where you read the column.

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

Sunday, August 16, 2009

THE RIGHT THING: IT TAKES A THIEF

Two years ago, while she was at a hockey game, a reader had her car broken into.

"There wasn't a lot for them to steal," she writes, "but they did get my collection of CDs that was in the car."

As bad luck would have it, she had only recently started listening to CDs in her car, but had grown used to leaving them there.

"Then they broke in and took them all!," she writes.

Altogether she lost 20 to 30 of her favorite CDs. None of what was stolen was covered by her insurance company, nor was the cost of replacing the broken window, because of her policy's high deductible. If she replaces the CDs, therefore, she will have to shell out for duplicate copies of music that she's already bought.

"I've been avoiding buying new ones to replace the lost ones," she writes. "I just didn't want to spend the money, because I knew I would be afraid to leave them in the car again."

Recently, however, she has begun to think about investing in an MP3 player for her car. She'd like to load onto her MP3 player some of the music that was on the stolen CDs, but money is tight right now and she's reluctant to spend the money to replace the stolen CDs.

You can probably guess where this is going: My reader's husband suggested that she borrow those same CDs from the library, make copies of them and then download them to her MP3 player.

"His reasoning was that, because I had already paid for the original CDs and it wasn't my fault that they were stolen, I wouldn't be infringing on the copyright," she writes.

She's not convinced, however.

"I think it would still be wrong," she writes. "I think I still need to pay for new copies of the music.

"What do you think?"

Longtime readers of my column may remember that I have addressed the acceptability of making unauthorized copies of copyrighted material - such as CDs but also books, DVDs, computer programs etc. - in the past. My stance has been consistent: There is no ethical justification for copying and making use of the work of others without either obtaining their permission or paying for the privilege of doing so.

Borrowing a legitimate copy from a library or from a friend is fine, so long as you plan merely to listen to it and then return it. Making illegal copies of your own, or downloading someone else's illegal copies, is not. It's stealing from the record company and from the artists who created the music and are entitled to royalties.

This is the first time, though, that I've had a reader tell me that she's considering duplicating CDs because her legal ones were stolen. Nor have I previously encountered the husband's argument that having legitimately purchased the original CDs and lost them through a sad twist of fate justifies making illegal copies of the local library's holdings.

Nice try, but those facts don't change the ethics of making illicit copies. It's still wrong.

My reader's husband is guilty of the all-too-common tendency to regard intellectual property as somehow less "real" than physical property. If the thieves had stolen my reader's car, I doubt that her husband would be encouraging her to steal someone else's car to make up for it, though it's not her fault that her legitimately purchased car was stolen. He probably wouldn't want her to shoplift replacement CDs. But somehow stealing someone's song doesn't seem the same as stealing someone's car or someone's CD.

It is the same, though. The right thing for my reader to do _ as she appears to realize - if she wants to replace her stolen music is either to buy new copies of the CDs or to buy the individual songs online so that she can play them on her MP3 player.

It's sad that she was the victim of a theft, but she's right in thinking that the answer to her problem is not some thievery of her own.¶

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

SOUND OFF: SURFING FOR SERMONS

Jeff Strickler, a religion reporter for The Minneapolis Star-Tribune, recently wrote about a number of online Web sites that provide ministers of various denominations with either outlines or fully written sermons to be delivered as their own. These online offerings are a new twist on the older tradition of printed books of sermons to which ministers can refer for inspiration.

Assuming that the writers of the sermons on these Web sites have given their permission for their work to be used in this way, is it OK for ministers to take advantage of these databases? Does it make a difference whether or not they acknowledge that the sermon is partially or entirely someone else's work?

Post your thoughts here by clicking on "comments" or "post a comment" below. Please include your name, hometown, and state, province, or country. Readers' comments may appear in an upcoming column. Or e-mail your comments to me at rightthing@nytimes.com.

You can also respond to the poll with this question that will appear on the right-hand side of the blog until polling is closed.

Jeffrey L. Seglin, author of The Right Thing: Conscience, Profit and Personal Responsibility in Today's Business (Smith Kerr, 2006), is an associate professor at Emerson College in Boston, where he teaches writing and ethics. He is also the administrator of The Right Thing, a Web log focused on ethical issues.

Do you have ethical questions that you need answered? Send them to rightthing@nytimes.com or to "The Right Thing," The New York Times Syndicate, 500 Seventh Avenue, 8th floor, New York, NY 10018. Please remember to tell me who you are, where you're from, as well as where you read the column.

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

Sunday, August 09, 2009

THE RIGHT THING: CAN MOM CHANGE MY ALLOWANCE?

"Am I being greedy?"

That's how a reader in New York begins his e-mail message to me. He asks because, according to his mother, he is indeed being a greedy son.

His 75-year-old mother has decided to begin distributing her assets to her three children while she is still alive. She began the process nine years ago, and told her offspring that she would give the money based on "a principle of equality."

Until recently my reader had received $5,000 a month from his mother. His sister received $6,000 a month and his brother $4,000 a month.

My reader and his brother are currently unemployed. The brother received an interest-free loan from their mother for a real-estate deal, something my reader says he also asked for but was denied. His sister owns a sizable business and has significant assets of her own, including homes and cars.

From 2003 through 2005, my reader says, he received $6,000 a month, the same as his sister. His mother lowered the number, however, because his expenses were lower than those of his sister, who pays private-school tuition for her children.

Now, because of the recession, their mother has decided to stop giving any money to my reader or to his brother. She continues, however, to give $6,000 a month to their sister to cover her children's tuition.

Seeing this as unfair, my reader told his mother that, if she is going to distribute the assets of her estate to his sister, she should do the same for him and his brother.

His mother's response: Don't be greedy.

"Am I really greedy?," he writes. "Any greedier than my brother or sister?"

Is he being greedy? I don't know - that's a question of motivation that only he can answer. I'm not even prepared to make a judgment call on whether he's acting greedy, which is a slightly different question.

The ethical question here is whether the mother of these three adult children is acting fairly in the way she's doling out her assets or whether her son is justified in feeling that he's being discriminated against.

I don't believe he is. It's her money, and she is entitled to distribute it any way she wants, whether in her will or while she's still alive.

So she isn't acting unethically, which isn't to say that she's acting wisely. By doling out cash disbursements to her children on an ongoing basis, by giving different amounts to different children and by changing the ground rules as she goes along, she's inviting rifts among her children and between her and them. Whether she's consciously manipulating them by making them dependent upon her or merely failing to see the consequences of her approach, it's a recipe for problems.

None of which changes the fact that this choice is hers and hers alone to make. There is no rule that says that what you give one child, you must give another. It would be unreasonable to ask my reader not to feel slighted when a monthly check goes to his sister but not to him, but he isn't being cheated. He's not entitled to any of her money simply because he's her son.

In retrospect, the right thing for the son to do would have been not only to live on the substantial stipend he has been receiving for the past nine years but also to put a little aside in case the well ever ran dry.

As it is, the right thing for him to do is to be grateful for what he has been given, to appreciate anything he may be given in the future and, in the meantime, to figure out a way to stand on his own two feet. If he can manage that, his cutoff of funds may be the best thing his mother ever gave him.

His mother didn't ask for my advice. If she had, though, I'd have told her that the right thing for her to do is to make a decision about what she wants to do with her money, make that decision clear to her children and then stick to it. She's free to do with her money whatever she likes, but even the least popular decision will cause less turmoil than a constantly changing plan.

If her children don't like the way she's going about it, though, they would do well to learn to live within their own means, insulating themselves from their mother's whims, over which they do not now have and will not ever have any real control.

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

SOUND OFF: BEHIND THE VEIL

Sixty-five percent of the readers who responded to an informal poll on my column's blog believe that President Nicolas Sarkozy of France was right to tell his country's parliament that "The burqa is not welcome on French territory." They share his assessment that that garment, worn by some Muslim women to cover their entire bodies, is "a sign of enslavement and debasement."

"I, for one, applaud Sarkozy for his courage in standing up against this anathema to personal freedom," one reader writes.

"President Sarkozy made the right choice in expressing that France is no place for burqas," agrees Sjoerd Bakker of Ontario. "Numerous freethinking, well-educated Muslim women and men ... have proven the argument that the burqa is not a religious symbol but a device for repressing women's rights and freedom."

But Maggie Lawrence of Culpepper, Va., disagrees.

"If any person wants to cover themselves from head to toe in public, I don't care, as long as they aren't disguising their identity for the purpose of crime," Lawrence writes. "For Sarkozy to say, `The burqa is not welcome on French territory,' strikes me as smug and self-righteous."

Check out other opinions here, or post your own by clicking on "Comments" or "Post a comment" below.

Jeffrey L. Seglin, author of The Right Thing: Conscience, Profit and Personal Responsibility in Today's Business and The Good, the Bad, and Your Business: Choosing Right When Ethical Dilemmas Pull You Apart, is an associate professor at Emerson College in Boston, where he teaches writing and ethics. He is also the administrator of The Right Thing, a Web log focused on ethical issues.

Do you have ethical questions that you need answered? Send them to rightthing@nytimes.com or to "The Right Thing," The New York Times Syndicate, 500 Seventh Avenue, 8th floor, New York, NY 10018. Please remember to tell me who you are, where you're from, as well as where you read the column.

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

Sunday, August 02, 2009

SOUND OFF: TAINTED FUNDS

Financier Bernard Madoff has been sentenced to 150 years in prison for swindling billions from investors. In his blog for The New York Times, Steven M. Davidoff notes that many unsuspecting charities may have received money from Madoff, money that was not rightfully his.

If these charities benefited from Madoff's crimes, Davidoff wonders, do they have a moral or legal obligation to give back the money? Or, if they had no knowledge of his misdeeds, should the charities keep every cent?

What do you think?

Post your thoughts here by clicking on "comments" or "post a comment" below. Please include your name, hometown, and state, province, or country. Readers' comments may appear in an upcoming column. Or e-mail your comments to me at rightthing@nytimes.com.

You can also respond to the poll with this question that will appear on the right-hand side of the blog until polling is closed.

Jeffrey L. Seglin, author of The Right Thing: Conscience, Profit and Personal Responsibility in Today's Business (Smith Kerr, 2006), is an associate professor at Emerson College in Boston, where he teaches writing and ethics. He is also the administrator of The Right Thing, a Web log focused on ethical issues.

Do you have ethical questions that you need answered? Send them to rightthing@nytimes.com or to "The Right Thing," The New York Times Syndicate, 500 Seventh Avenue, 8th floor, New York, NY 10018. Please remember to tell me who you are, where you're from, as well as where you read the column.

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

THE RIGHT THING: WELCOME HOME, THERE'S THE DOOR

After a year's tour of duty in Afghanistan, a member of the National Guard recently returned home to the United States.

It wasn't his first tour overseas, and he expected that, as in the past, he would be able to return to the civilian job he had left.

But, according to a regular reader of this column in whom he confided, he discovered that his regular job had been filled in his absence and that his employer had no other job for him.

"I was surprised to learn this," my reader writes, "because I thought that, by law, his employer had to offer him the same job or a similar one when he got back."

What makes this an ethical issue, rather than a legal dispute? Well, the guardsman's civilian employer was ... the National Guard itself.

Perplexed by his situation, the guardsman went to speak with the judge-advocate group designated by the National Guard to handle re-entry issues. He was told that his understanding of the law was correct: If they meet the eligibility requirements of the Uniformed Services Employment and Re-employment Rights Act, members of the National Guard returning from active duty are entitled to re-employment in the civilian job they had before leaving to serve.

"They told him that he indeed did have a case," my reader writes. "But, since his old civilian job was also with the National Guard, they advised him not to pursue it, because it might hamper his long-term career with the Guard!"

She is "simply incensed," my reader adds, "that someone who has served and continues to serve honorably is treated so horribly."

Her ethical question is not whether the National Guard is wrong for not providing him with the opportunity to return to the job he had left.

"That's pretty obvious," she writes.

Her question is rather what, if anything, she should do about it.

"On the one hand," she writes, "I can sympathize with his plight and mind my business. I do not want to jeopardize his career. On the other hand I feel pretty strongly that what has been done to him is not only wrong but also against the law.

"What are your thoughts?"

It will be no surprise that, as almost anybody would, I agree with my reader that it's unconscionable that the National Guard - or any employer, for that matter - would not honor its legal obligation to hold a returning serviceman's job while he served his tour of duty for his country.

It makes matter even worse that those who are designated to protect his rights appear to be advising him not to exercise those rights in order not to make waves.

That said, my reader's proper course of action is to do nothing.

The guardsman has made clear to my reader that, because he would like to continue to serve in the National Guard, he has "made peace" with the issue and plans to look for another job elsewhere to support his young family.

He told his story to my reader in confidence and asked her to keep it to herself, so she has an obligation to honor that request.

Yes, it stinks that he returned home to find that the job he had every reason to believe would be waiting for him had vanished, especially since it was the National Guard itself that failed to respect his service. But it is up to him to decide if he wants to pursue what is rightly his or to let the matter ride.

Like my reader, I think that the National Guard has failed to live up to its standards and that the judge advocate has acted shamefully, but it isn't up to either of us to decide what should be done, because we aren't the injured party.

If this young man came to me and asked me for advice, I would tell him that I believe he should try to get his job back, not only for himself and his family but also for the sake of other guardsmen who might face the same situation in the future.

He isn't the one who came to me, though. That was my reader, who is not directly involved in the situation. The right thing for her to do is to stand aside and let the guardsman decide his future for himself.

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

Sunday, July 26, 2009

THE RIGHT THING: YOUR CHEATING HERD

Last month Centerburg High School, located in central Ohio, canceled its graduation ceremonies. The reason: Administrators had discovered that a large percentage of the graduating class had been cheating on exams throughout their final semester.

The plot was masterminded by a student who had hacked onto the school's computer system, accessed teachers' files, downloaded upcoming exams and distributed copies to classmates. It came to light when a video referring to the cheating as "the biggest prank ever" was found on a school computer.

The cheating apparently was widespread, with most of the graduating class either participating in the cheating or at least being aware of it and remaining silent.

Unable to identify everyone who was involved in the caper, Superintendent Dorothy Holden decided to cancel graduation ceremonies and instead mail diplomas to students. Her intention, she said, was to send a message that cheating will not be tolerated and that it is not OK to turn a blind eye to such misconduct.

William Jacobson, a reader in Cypress, Calif., alerted me to the incident. He believes that, by choosing the path she did, Holden has sent a message precisely opposite the one she intended.

"Far from letting students know that cheating cannot be tolerated," he writes, "she still graduated these students who had cheated all semester. She is making no (distinction between) those who cheated, those who only knew about the cheating (and) those who were innocent bystanders."

Jacobson has three questions: Is it ethical for the school to punish the noncheating students as well as the cheaters? Is it ethical to punish students for knowing about the cheating and not reporting it? Is it ethical for the school to graduate those who cheated along with those who didn't?

Rarely can incidents like this be resolved with one clear-cut response. It would be good to believe that students who were aware of the cheating would alert school administrators. Unless students are instructed how to do such reporting, however, and unless it is made clear to them why to do so is important to their own integrity and the integrity of their school, the hazards of speaking up against their own classmates may be overwhelming.

Those who are truly innocent bystanders should not be punished, of course. But in this situation, as is often the case, it's difficult to discern the truly innocent from those who simply kept quiet about something they knew or even those who actively participated but did not get caught.

To answer Jacobson's first question, if the cheating was as widespread as seems to be the case -and if there's no way to definitively determine who did and who didn't cheat - I believe a punishment for the class as a whole, one that deprives them of a social occasion but does no long-term damage to any student's educational prospects, is acceptable. Not ideal, but acceptable.

Should students be punished for knowing about the cheating, not participating in it but failing to report it? If the school has a clear honor code that lays out students' responsibility not only to behave honestly but also to report any infractions that they may witness, then obviously it is fair to hold them accountable for not reporting this widespread cheating.

If there is no honor code, the situation is not as clear-cut. I still believe, however, that the scope of the problem justifies punishment. This is not a case of one student failing to report an individual cheater, but rather of a systemic breach of conduct which threatens the integrity of the educational process as a whole.

As to Jacobson's third question, I agree that it sends a counterproductive message to allow known cheaters to pass the courses in which they cheated and to receive their diplomas, by mail or otherwise. All students whose active participation in the scheme can be confirmed should receive a substantial punishment that is clearly more severe than those only suspected, those who looked the other way or, obviously, those who were not involved.

Looking ahead, the right thing for the high-school administrators to do is to establish a clear set of guidelines covering students' responsibilities in the case of cheating by other students. Then they should work hard to get their students to embrace those guidelines and follow them, recognizing that, if they don't, it will be the whole school that loses.¶

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

SOUND OFF: DID THE KILLER WIN?

After an anti-abortion zealot murdered Dr. George Tiller, a Kansas physician who operated an abortion clinic, his family decided to close the clinic. Even some opponents of abortion were bothered by the decision, Stephanie Simon reported in The Wall Street Journal, because they feared that "extremists might conclude that violence gets results where legal protests don't."

Seventy-seven percent of the readers who responded to an informal poll on my column's blog said that the doctor's survivors are free to act as they see fit, regardless of the circumstances.

"This family has suffered a tragic loss," writes Dagmar Roman of New Windsor, N.Y. "No matter which side of the abortion issue you're on, the decision to close the clinic is theirs and theirs alone. It's no one else's concern how they choose to handle their grief."

"The family ... has every right to decide what to do with the clinic," agrees Bert Hoogendam of Sarnia, Ontario. "The family has decided to close the facility, so let it be!"

Check out other opinions here, or post your own by clicking on "Comments" or "Post a comment" below.

Jeffrey L. Seglin, author of The Right Thing: Conscience, Profit and Personal Responsibility in Today's Business and The Good, the Bad, and Your Business: Choosing Right When Ethical Dilemmas Pull You Apart, is an associate professor at Emerson College in Boston, where he teaches writing and ethics. He is also the administrator of The Right Thing, a Web log focused on ethical issues.

Do you have ethical questions that you need answered? Send them to rightthing@nytimes.com or to "The Right Thing," The New York Times Syndicate, 500 Seventh Avenue, 8th floor, New York, NY 10018. Please remember to tell me who you are, where you're from, as well as where you read the column.

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

Sunday, July 19, 2009

SOUND OFF: WHO PAYS FOR THE MEMORIES?

Estimates of the cost to the City of Los Angeles for security and other services associated with the Michael Jackson memorial tribute at the Staples Center hovered around $4 million. City and state budgets are feeling the economic pinch these days, and Los Angeles is no exception. That's why Mayor Antonio Villaraigosa had asked Jackson's fans to help cover those costs through donations to the city.

Should the city be expected to pick up the tab for the costs associated with the memorial? Should fans have footed the bill by paying for tickets, rather than getting them for free by lottery? Should wealthy friends of Jackson have ponied up the cash? Or should the cost be covered by the Jackson estate?¶

Post your thoughts here by clicking on "comments" or "post a comment" below. Please include your name, hometown, and state, province, or country. Readers' comments may appear in an upcoming column. Or e-mail your comments to me at rightthing@nytimes.com.

You can also respond to the poll with this question that will appear on the right-hand side of the blog until polling is closed.

Jeffrey L. Seglin, author of The Right Thing: Conscience, Profit and Personal Responsibility in Today's Business (Smith Kerr, 2006), is an associate professor at Emerson College in Boston, where he teaches writing and ethics. He is also the administrator of The Right Thing, a Web log focused on ethical issues.

Do you have ethical questions that you need answered? Send them to rightthing@nytimes.com or to "The Right Thing," The New York Times Syndicate, 500 Seventh Avenue, 8th floor, New York, NY 10018. Please remember to tell me who you are, where you're from, as well as where you read the column.

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

THE RIGHT THING: YOU WON'T BELIEVE WHAT I JUST HEARD ...

As has been the case for a number of years, a reader's annual performance review struck her as a thrown-together affair. The morning of the scheduled review, her supervisor told her that she would need to reschedule their meeting since she had not had a chance to write the review. But at noon the supervisor told her that she'd be able to do it as scheduled after all.

It wasn't, overall, a stellar review. Some items struck my reader, a child-care worker, as contradictory: She was chastised for not working as well as she could with outside vendors in one portion of the review, for example, but in another was told that her job required her not to deal with anyone outside the office.

My reader has never actually been given a written job description for the position she has held for more than five years. As a result she couldn't help seeing the expectations upon which she was being measured for her annual review as a moving target.

But where my reader wonders if her boss has crossed an ethical line is in the source of some of the comments her supervisor made during their meeting: conversation overheard in the lunch room.

The supervisor told my reader that she had overheard other workers in the lunchroom talking about some problems they had in working with my reader, such as her occasional lateness to work and her not responding to telephone and e-mail messages.

Is it right, my reader wants to know, for a supervisor to base an official performance review on overheard conversation?

No, it isn't.

Because the supervisor was not part of this conversation, she has no context for the discussion, no way of knowing how serious the other employees' concerns are or how justified they may be. Eavesdropping on employee-lunchroom chatter is hardly a virtue, but it's also not a useful means of gathering credible information.

It's entirely legitimate for her supervisor to use the annual review to discuss any issues of unresponsiveness or tardiness that my reader may have, though it would be better to raise them before the annual review, so that the employee would have a chance to correct the problems before her review comes around. Any manager is within his or her rights to call out an employee on substantiated inappropriate behavior or poor performance.

The right thing for the supervisor to have done, however, was to base her review of my reader's performance on information which she herself had witnessed or which she had gathered directly from other employees with their knowledge. Checking her employee's attendance record is fair game. So is speaking to my reader's colleagues, to see what they think of her performance on the job, or talking with clients of the company to get their feedback.

In other words, the overheard conversation is merely an indication of a possible problem _ in itself it is nothing. To base a performance review on that conversation, without substantiating its content in any way, is unfair not only to the employee on the receiving end of the review but also to the employees who didn't know that they were being listened to by management. Besides which, it's plain old lazy.

My reader's boss should step up her own performance a bit and be more responsible in the way she collects and uses information about her employees for their reviews. While she's at it, she should get around to making sure that her employees have written job descriptions or, at the very least, that they are clearly told what is expected of them on the job.

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

Sunday, July 12, 2009

THE RIGHT THING: HOW FREE ARE FREEBIES?

Whenever I stay at a particular hotel in downtown Madison, Wisc., I know that I don't have to worry about remembering to pack shaving cream, toothpaste or other basic toiletries to use on the road. The desk clerk routinely offers me such sundries upon check-in.

So I understood the basic context of an e-mail from a reader in North Carolina who has an ethical quandary involving this sort of freebie.

A former colleague of my reader's is a volunteer for an organization that provides food and shelter to homeless people during the winter. The colleague sent my reader and others an appeal for donations of small, sample-size containers of goods such as soap, shampoo, toothpaste, razors and shaving cream.

"While his appeal noted that such items can be purchased inexpensively," my reader writes, "it also pointed out that, since they are available at hotels and motels, we should bring them back when traveling or on vacation."

My reader normally leaves any unused "freebies" at the place he's staying. He reflects that, while hotels may consider the disappearance of these goods to be "part of the cost of doing business," perhaps "other travelers would rather have lower room rates than, in effect, contribute to a cause they don't care about."

His question: "Is it ethical to collect these items for the purpose of donating them to this worthwhile cause?"

Many hotels, in an effort to be perceived as more environment-friendly, have taken to asking guests whether they want their towels laundered daily. So far, though, they've yet to give guests the option of choosing a lower room rate if they don't use the free shampoo and soap, although it's a novel cost-saving idea.

Unlike the linen, towels or alarm clocks placed in hotel rooms for a guest's use during their stay _ and only during their stay _ bars of soap and bottles of shampoo are consumable. If there are two bars of soap in the bathroom, one on the sink and another in the shower, and a guest decides to unwrap only one and save the other for later use, given that the hike from the sink to the shower is not exactly arduous, he is not using more than the hotel has given him for personal consumption. If, like many travelers, he returns home with an occasional bar of unused hotel soap packed among his belongings, it seems like a worthy endeavor to donate such goods to a not-for-profit that can put them to good use.

My reader's ex-colleague goes too far, however, when he suggests that travelers set out to collect more than was intended for use during their individual hotel stay. Saving a bar of soap intended for personal use is one thing, but grabbing a handful from a maid's cart is quite another.

As I have often said in this column, if you've obtained something wrongly, it doesn't matter what you do with it, it's still wrong. Robbing from the rich is still robbing, whether you give it to the poor or blow it in Las Vegas. That applies to money, valuables and even, yes, little bars of soap.

The right thing for the shelter to do is to request that individuals donate toiletries that they either have purchased on their own or have been given for their own use. It should not encourage the wrongful acquisition of such items, regardless of how noble its intentions.

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

SOUND OFF: CASH FOR CRITICS?

While 72 percent of readers responding to an informal poll on my column's blog questioned the credibility of reporters who accept free travel to cover their industries, many who wrote in agreed with the 20 percent of readers who believed that an honest reporter can nevertheless maintain his or her objectivity under such circumstances. Granted, some respondents had a vested interest in the issue.

"If you don't want the writers to get handouts from the industry they are reviewing," writes Penney A. of Columbus, Ohio, "then you need to find another way to pay their way. If not, then you will be left with `free' reviews from online people who may really have an agenda to promote their company!"

As a travel writer, Rob R. of California struggles with this question a great deal.

"I certainly make an effort to pay my expenses whenever possible," he writes. "There is simply no way I would be able to do my job without accepting free travel or accommodation from some of the places I am writing about ... The alternative would allow only independently wealthy people ... to become travel writers."

Check out other opinions here, or post your own by clicking on "Comments" or "Post a comment" below.

Jeffrey L. Seglin, author of The Right Thing: Conscience, Profit and Personal Responsibility in Today's Business and The Good, the Bad, and Your Business: Choosing Right When Ethical Dilemmas Pull You Apart, is an associate professor at Emerson College in Boston, where he teaches writing and ethics. He is also the administrator of The Right Thing, a Web log focused on ethical issues.

Do you have ethical questions that you need answered? Send them to rightthing@nytimes.com or to "The Right Thing," The New York Times Syndicate, 500 Seventh Avenue, 8th floor, New York, NY 10018. Please remember to tell me who you are, where you're from, as well as where you read the column.

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

Sunday, July 05, 2009

SOUND OFF: A FRENCH COVER-UP

Recently President Nicolas Sarkozy of France told his country's parliament, "The burqa is not welcome on French territory." He referred to that garment, worn by some Muslim women to cover their entire bodies, as "a sign of enslavement and debasement."

According to The Wall Street Journal, some Muslim groups objected, saying that such a stance could be taken as anti-Islamic. Sarkozy replied that he does not view the burqa as a religious symbol.

Was Sarkozy out of line to express his disapproval of a garment whose use is largely limited to female members of a particular religious group? Or was he correct in calling attention to the larger issue he identified?

Post your thoughts here by clicking on "comments" or "post a comment" below. Please include your name, hometown, and state, province, or country. Readers' comments may appear in an upcoming column. Or e-mail your comments to me at rightthing@nytimes.com.

You can also respond to the poll with this question that will appear on the right-hand side of the blog until polling is closed.

Jeffrey L. Seglin, author of The Right Thing: Conscience, Profit and Personal Responsibility in Today's Business (Smith Kerr, 2006), is an associate professor at Emerson College in Boston, where he teaches writing and ethics. He is also the administrator of The Right Thing, a Web log focused on ethical issues.

Do you have ethical questions that you need answered? Send them to rightthing@nytimes.com or to "The Right Thing," The New York Times Syndicate, 500 Seventh Avenue, 8th floor, New York, NY 10018. Please remember to tell me who you are, where you're from, as well as where you read the column.

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)

THE RIGHT THING: SHOULD SHE LET THE CAT OUT OF THE BAG?

A board member at a cat-rescue shelter confided in one of my readers that, during the past six months, six cats had been allowed to starve to death at this "non-kill," not-for-profit shelter.

"The cats wouldn't eat," my reader reports, "and the employees and management made no effort to locate foster homes which might have mitigated the problem. These poor cats, once people's pets, died painful, lonely deaths in their cages, basically not attended to properly, if at all."

My reader, who has volunteered at the shelter for the past year, feels compelled to blow the whistle to her local media about the starved cats who suffered such painful and inexcusable deaths. Her goal, she writes, would be to shed light on how poorly the shelter is run. She fears, however, that such publicity would cause donations to the center to dry up.

She has a bigger worry, though: The shelter's board members have signed a "loyalty oath" promising not to disclose any information about shelter operations to anyone not a member of the board, on penalty of dismissal. If she contacts the media, she fears, it will be clear who told her the facts and her informant will be removed from the board.

This board member, who is facing personal financial troubles, occasionally receives free care for the nearly dozen cats she looks after. Losing her seat on the board, and the free or at-cost medical care from the shelter, would be a hardship.

"Do I just go to the media," my reader asks, "and let the chips fall where they may?"

If her informant is then dismissed from the board, my reader wants to know if she is ethically obliged to assume her vet bills.

"Deep inside I know I am, aren't I?" she asks.

My reader clearly has competing issues here. The biggest question is whether her concern for the shelter cats' well-being should outweigh her concern about her informant's possibly getting in trouble _ and losing medical care for her own cats _ as a consequence of revealing the conditions at the shelter. And, of course, she's worried that speaking up on the cats' behalf might hurt the shelter's donations ... which would be bad for the cats.

If my reader's concerns are justified and her information is correct, both of which seem to be the case, she has an obligation to act. Her informant _ both as a board member and as a personal protector of cats _ the rest of the board and my reader herself, as a shelter volunteer, are united in their desire to help cats. Letting this situation continue would be unjustifiable for all concerned, which is probably why her informant mentioned the matter in the first place.

My reader should confront the board, but not until she has enlisted the assistance of those in the community who would help her to do so. If this means going to the local media with the story, she should not hesitate to share her evidence of wrongdoing.

Her informant may be exposed, but she's already been compromised: As a board member, she should have used her position to call attention to the deplorable conditions. The welfare of the shelter's cats must be a higher priority at this stage.

And my reader has absolutely no obligation to assume her informant's vet bills. Doing the right thing does not imply personal responsibility for anyone who may suffer as a result. If she feels sorry for the cats and wants to help out, she obviously can do so, but it's a matter of choice, not obligation.

Will airing of the shelter's problems hurt donations? Probably, but hopefully the shelter's board, whether the same board or a new one, will make every effort to demonstrate that these problems are in the past. In any event, to allow donors to unknowingly contribute to a poorly run shelter that negligently kills cats would be unconscionable.

Everyone involved with the shelter has a responsibility to hew to the mission of the organization, which is to protect the welfare of the cats under the shelter's care. The right thing for my reader, her informant and the rest of the board to do is to make sure that cats are not starved or mistreated while in their care. Any other political, financial or personal issues must be secondary.

If they cannot do this, then they have no business running an organization of this nature.

c.2009 The New York Times Syndicate (Distributed by The New York Times Syndicate)