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Sunday, February 28, 2016

Count Down to the Academy Awards

Count Down to the Academy Awards

As I sit here about an hour or so before the Oscars is about to be broadcasted, I am thinking about the Academy’s first African American President, Cheryl Boone who is propelled into a spotlight of controversy is not much different than Gregory Peck in the 70’s.  Both were forced to step up and demand a change in the membership of its members.  The academy consists of 51 members.  We know a majority is white and male.  It would imply that they are only going to vote on white issues.  That I am not sure of, I think that they vote on what is available.  There are just not a lot of stories being told reflecting the multicultural canvas of America.  This is a direct result of the movie-making machine.  There is no outcry about the people that actually green light what is produced, and what and whose story will be told.  The decision makers of filmmaking are on the other extreme of the Academy members.  They are young and white with a bottom line mentality.


All educators that work with children can tell you that the face of the winner matters.  So is this action one of bias.  I think many assumptions are being made as to what it considered the best.  If you ask my son what movie should win he would tell you Star Wars or any of the Marvel superhero movies.  When I look at the list of nominees I would change or add to the list is Idris Elba for “Beasts of No Nation”, and Ryan Kyle Coogler, director of "Creed".  Nevertheless, I am thinking of a winner where the outcry is simply for a nomination.  I believe that Selma directed by Ava DuVernay for directed Selma should have been nominated last year.


I like what Ice Cube said in an interview.  “We made this movie for the people, to hell with the Oscar’s.”  I thought the movie “Straight out of Compton” was one of the best movies that entertained me, but I don’t necessary agree it was an Oscar contender.  Maybe the soundtrack because the music was a major change in how the voice of inner city black’s was using music to express themselves with the treatment of African Americans in contemporary times.  However, this is my opinion and only my opinion.  I feel if you are going to make a docudrama or a movie about a music group that literally reflected systemic racism, I feel the was the movie did not go far enough into the lives of the groups and tell more truths about the members.  That to me hands down would be an Oscar contender.  I will be honest with you, when Spike Lee did not get the award for Malcolm X.  I was done with the Oscars.  I don’t expect a lot of Black nomination just like to don’t expect to see a lot of White Americans in the NBA.

But this year is different because the of the amount of African American’s involved in the production of the Academy Awards.  The president Cheryl Boone is African American.  The producer Reginald Hudlin is African American and the host is Chris Rock is African American.  That in itself is a first and with this, change in the future of the Academy is evident.  However, obviously, not fast enough.  When Jada Smith made a short video clip protesting the lack of diversity of nominees it what like the shot heard around the world.  Everything that was perceived to be wrong with the voting methods overshadowed the award ceremony. This is a case of someone saying what no one wanted to say.  There was the discussion that everyone of color should protest the Academy.  Chris Rock should quit in protest.  That to me seem counter productive.  Why?  Because the show would go on with or without them.

The cynic that I am feels that with the demand to for protest is in some ways just what the academy award shows needs.  Remember, for years, the show’s African-American audience has been declining for years.  It seems that there was no entertainment value that would draw the community back.  Well except now with Chris Rock as the host who can be a comedian that can tell a racial joke that not only makes you laugh but makes you thank.  This is a Madison Avenue dream come true.  It is like watching the news and they tell you to turn away because the next clip may be graphically offensive.  What will be the response of the audience, not only look, but to turn the sound up.  This is what Chris Rock is for the Academy Awards.  He is expected; yes, he is now expected to take the conversation over the top. I would suggest that the show’s African-American audience would increase for tonight’s show.  What I am hoping is that it does not become the focus point of the show to the point where the nominees have to feel guilty about winning.  If the question is truly about diversity then it is not just a Black thing it is a lack of a female thing, it is a lack of diversity thing, not just in the filmmaking but in those that make the decision what films are made.  This is beyond the Academy.  As for the academy members, I feel that they should be required to see the movies, all the movies that have the potential to receive a nomination.  What was positive is that Ms. Boone expedites the planned changes to the membership system without waiting for the members to voice opposition to her plan.

However, in the end, if this is done with any class it should be one on the best and most entertaining ceremonies.  If it becomes too offensive, I believe even the audience that the show needs to revenue will bow out.  This is where Chris Rock comes in, there is no one that I think could deliver the joke with a slight taste of venom and move on to keep the show alive.

Friday, July 13, 2012

The One Educational Conversation No One Wants To Discuss



Part 4

This is an extension of part three.   This section discusses social issues that influences student learning and classroom interaction. These problems affect entire families and communities.

FEMALES:

The Sadker study found indications that African-American girls fare even worse than white girls in classroom interaction.  Although black girls try to initiate more teacher contact than any other group, they are frequently rebuffed, and usually receive less teacher reinforcement.

Even, the odds of a young white women being a murder victim are 1 in 369; for a young white man 1 in 131; for a black female 1 in 104 and for a black male, 1 in 21. National Center for Injury Prevention and Control (CDC) reported that among females, blacks had higher homicide rates than other racial/ethnic groups; however, American Indians/Alaska Natives (AI/AN) women aged 30--49 years also had high rates. These findings indicate heightened risk for females during adulthood, which might be indicative of intimate partner--related homicide. These findings also are consistent with a study that reported high rates of intimate partner-related homicide among black women aged 20--39 years and another study that estimated that one third (30.7%) of AI/AN women aged ≥18 years had been physically assaulted by an intimate partner in their lifetime.

Although the 1999--2007 homicide rates were highest among blacks, their rate for 2007 represents a substantial decrease compared with the early 1990s. In 1991, the homicide rate among non-Hispanic blacks peaked at 38 deaths per 100,000 population, which was nearly twice the rate reported in 2007. Similar decreases from the early 1990s to the mid-2000s were observed among the other racial/ethnic minorities.

MALES:
Approximately 1 in every 3 black males teenagers is unemployed and those who are working take home paychecks with 30% less salary that white workers.  It has been reported that in major cites like New York, Chicago, and Milwaukee unemployment can be as high as 68%.

It’s estimated that 25% of black youths’ income results directly from crime and 1 in every 6 males is arrested by age 19. When you live with this much blight, it is difficult to fine hope in your environment. It becomes difficult for a teacher to tell their student to excel in education when their family and community that consist of the educated and the non-educated are equally unemployed.

The CDC's study indicates that during 2007, homicide rates were highest among persons aged 15--34 years, and the overall unadjusted rate for males was approximately 4 times that of females (9.8 versus 2.5 deaths per 100,000 population, respectively). Unadjusted homicide rates were highest among blacks (23.1 deaths per 100,000), followed by American Indians/Alaska Natives (7.8) and Hispanics (7.6), then whites (2.7) and Asian and Pacific Islanders (A/PIs) (2.4).

Additional analyses by age, race/ethnicity, and sex revealed that black males aged 15--34 years were at greatest risk for death by homicide. Based on the available data, black females also had the highest homicide rates compared with females in other racial/ethnic groups within each age category, with the exception of women aged 30--49 years. Homicide is the leading cause of death for young black men. In New York City, about 3 out of 4 black males never make it to graduation.  In Milwaukee, 94% of all expelled students are African-American boys.


Suicide:

Reflecting on my prior posting that conclude with the issue of suicide.  In 2006 , 1954 African Americans completed suicide in the U.S.. Of these, 1669 (85%) were males (rate of 8.8 per 100,000).  The suicide rate for females was 1.4 per 100,000. In 2006, there were only 285 African American female suicides. 

The ratio of African American males to female was 5.85 to 1.  The suicide rate among African American females was the lowest of all racial gender groups.  As with all racial groups, African American females were more likely than males to attempt suicide and African American males were more likely to complete suicide.

CDC indicated suicide was the third leading cause of death among African American youth (ages 10-19), after homicides and accidents. The suicide rate for young African American youth was 2.62 per 100,000 (n=182).  For African American youth, the rate of male suicide (4.34 per 100,000) was 5.1 times higher than that of females (0.85 per 100,000).

African American youth suicide rates were generally low until the beginning of the 1980’s when rates started to increase radically.  Between 1981 and 1994, the rate increased 78%.  Since then, the rate has decreased significantly. 

The American Association of Suicidology  states that males accounted for 90.5% of African American elderly (65 and older) suicides.   Firearms were the predominant method of suicide among African Americans regardless of gender and age, accounting for roughly 52% of all suicides.  
 
So I ask the question again, what can be so wrong in someone’s life that they are willing to commit suicide.  The answer in many cases is nothing. There is nothing wrong; however there can be biochemical factors that can be contributing factors.   An article written by Dawn Turner Trice of the ChicagoTribune about a high school student name Duane Christopher Peterson Jr. who lost his fight with depression by committing suicide. 

Junior Seau a man that also had everything to live for also took his own life. I spoke with a someone about the passing of Junior Seau.  They refuse to acknowledge that in the mist of a wonderful life that maybe he (as we all do to some degree) was facing some demons in his life.  Their response was that it just seems fishy that he would do this.  I attempted to explain with my limited knowledge of suicide that one who commits or even contemplates suicide does not necessary think about life the same way as someone else.  Duane Peterson is an example of how biologicalfactors played a role in his death.  In Junior Seau case, there is  growing conversation that head injuries that football players incur may be a contributing factor.  

Just recently, of the Los Angeles Times wrote about a study of the T.gondii parasite that could contribute to the attempt of suicide. Researchers estimate that T.gondii is carried by 10% to 20% of Americans, who can get it by changing litter used by infected cats or eating undercooked meat from an animal carrying the bug. Whatever the cause, it seems that we shy away from the conversation of suicide for various reasons including religious beliefs. In this rapidly changing world we need to learn how to be sensitive to this ailment and  find ways to help students to cope with mental ailments.

Image a student in a classroom trying to make sense of their world who may be suffering from daily thoughts of do I live or is it time to die. Remember this student is someone’s child and that child might be sitting next to you right now.






Monday, April 16, 2012

If girls receive less attention, why are boys doing so bad


Part 3

Facts, according to Diane Ravitch (formally Assistant Secretary of Education between 1991 to 1993), and the U.S. Department of Education, such as: more adult men than women lack a high school diploma; young men have lower educational aspirations; boys consistently earn lower report card grades; they get in more trouble at school.

Young men also bring into the classroom emotional problems from outside the school fences, stemming from being what some have called “an endangered species.”

A past U.S. Department of Justice report revealed that high school boys are four times more likely than girls to be murdered. They are more prone to abuse alcohol or drugs; boys 12 to 15 run double the risk faced by girls of becoming victims of a violent crime, and 82% of the nation’s incarcerated youths 18 and under are male – a percentage that increases to an estimated 95% for adult men.

Larry Schryver, the former director of Camp Afflerbaugh, a Los Angeles County probation facility in La Verne, which houses about 115 Male juvenile offenders between the ages of 16 and 18.  He stated that most people acknowledge boys problems only when they are [associated] to their ethnicity, such as the high homicide rate among young African American men.  “People tend to view boys’ problems as something that can be solved only with punishment.  With girls, there’s a feeling that they can be rehabilitated,” said Schryver, Pointing out that boys occupy 17 of the county’s 18 probation centers.  “This gives boys the idea that they don’t matter, that they don’t exist. 

Educators and psychologist worry that rowdy behavior exhibited by more boys than girls propels school officials to wrongly place boys in special education classes. The National Longitudinal Study of Special Education conducted by the U.S. Department of Education in 1993. Found that boys make up about two thirds of the classes for students with learning, behavioral and developments.

For the past decade, boys have filled about 90% of Alice Robinson’s Special education classes.  “A lot of boys suffer because many students in non-special education classes call them stupid,” said Robinson, a former elementary-school teacher for the Los Angeles Unified School District who now teachers in the Bay Area.  “ It can have a negative long-term effect on the boys.  I worry about them.”

“Boys tend to puff themselves up more,” said William Purkey, co-author of the study and a counseling professor at the University of North Carolina at Greensboro.  “Boys brag when they’re insecure, so it looks like they’re more confident than they really are."

From elementary school through high school, boys receive lower report card grades. By middle school, they are far more likely to be grade repeaters and dropouts. As a classroom teacher there are time that I feel totally helpless when I see a capable student "choose" to fail in response to peer pressure.  Even after discussing the problem with the parents and suggesting possible strategies, many times the student lack the understanding of the importance of appropriate behavior in order for learning to occur.  According to the teacher's experience, perspective and sometimes culture, a referral is made for these students to be evaluated for special education. It needs to be clear that a referral is just that, a referral.  The schools team will do a series of evaluations to determine if in fact there is a learning disability, but ultimately it is the parent's decision what happens next.

The majority of students identified for special education programs are boys. They represent 58% of those in classes for the mentally retarded, 71% of the learning disabled and 80% of those in programs for the emotionally disturbed.  Boys comprise of 71% of all school suspensions.  It should be noted that special education is not a dead-end road.  Today's schools want this population reduced to its lowest possible level.  One of the problems is when a student with a learning disability is not referred because the behavior can be so disruptive that it overshadows academic progress.  So much time is spent on behavior that the years go by before it is discovered that there may be a cognitive problem that was never addressed.  However, the blame can also be spread to the parents for not acknowledging what it means to work on grade level and how difficult it can be for a teacher to move a student to proficiency. As boys move from elementary to middle and high school, other issues seem to materialize.

Boys are 3 times more likely to become alcohol dependent and 50% more likely to use illicit drugs.  Men account for more than 90% of all alcohol-drug related arrests.  The leading cause of death among 15 to 24 year old white males is accidents.  Teenage boys are more likely to die from a gunshot wound that all natural causes combined.  Males commit suicide 2 to 3 times more frequently than females. These are staggering statistics and lead one to think, especially a parent, what could be so wrong in a child's life to commit suicide. 

Note: Much of this section is directly from the study and was published in a variety of publications including the LA Times
.


Related articles

Saturday, August 20, 2011

Gender Bias: Why do boys seem to get more attention in the classroom


Part two

One of the reasons boys get more attention in the classroom — a consistent finding in research spanning 20 years—is that they demand more.  Boys called out answers to teachers’ questions eight times more frequently than girls did.  Further, the Sadkers' found, teachers responded differently to such behavior, rewarding boys who called out by giving them attention but chastising the girls by reminding them to raise their hands before speaking.  When I have questioned this behavior the response was often that this is something that “girls” don’t do.  However, I am not sure if the teachers fully understand the repercussion of their gender stereotyping, meaning that girls begin to disengage from instruction and gradually become docile and will sit until called upon.

The boys are louder, faster, more obstreperous, demanding and receive a disproportionate amount of the teachers’ attention.

When Teachers are shown videotapes of their classroom, teachers who pride themselves on their fairness are stunned to see how much more often they call on boys, how patiently they listen to them, how generous they are with their praise.

The girls get compliments on their new sweaters and pats on the head for the neatness of their workbooks, but the boys receiving explanations, corrections, and the leading questions that encourage them to keep thinking and talking.  Sadly, I have seen this type of teacher behavior with regularity.  Girls were told how “cute” something was or how lady like they are behaving throughout the day.  During directed instruction, boys seem to always get more time to respond or self-correct while girls were either right or wrong and most of often without the additional time for self-correction.  What is more prevalent is that many of the complements are gender centered.  I have found that female teachers were more prone to complement a girl’s cuteness while a male teacher would remain neutral with complements and the amount of complements. However, male teachers will commented on “lady like behavior” just as often as female teachers did.    

Boys, who have fewer inhibitions about speaking up and being wrong, will guess if they don’t know; girls will often leave blank a multiple-choice box unless they’re sure of an answer. A guess had a 25% chance of being right; a blank has none.  Even in my own classroom I have had boys response with answers that have nothing to do with the question or the lesson and are never short on inhibitions’ to repeat the same behavior while on the other hand in many instances, girls in the same situation will reluctantly respond or change their mind.  I will often ask them to say what is on their mind or to guess.  It can take months for the girls to get comfortable with guessing.  This is not only a gender issue but one of  peer pressure and should be addressed just as any other unwanted classroom behavior

For instance, a report found that teachers more often call on boys and frequency allow them to dominate classroom discussions.  When I have observed this behavior, it seemed that teachers were allowing the boys to “get it all out” hoping that they will be more attentive as the lesson continues.  The girls seem sensitive to this ploy and withdrew their participation thinking that being quite is what the teacher desires.

Monday, June 20, 2011

Gender Bias in the Classroom


Part One

A few years ago Myra and David Sadker published a book called “Failing at Fairness: How America’s Schools Cheat Girls.”  They spent 20 years collecting evidence about boys and girls attitudes towards school and each other.  It is the most comprehensive look at the bias girls face from preschool through high school.  It found that students who have survived this treatment in middle and high school experience a continuing erosion of self-confidence in many colleges and universities.

“There is no doubt that girls show up on their first day of grammar school just as ready, willing and able to succeed as do boys.  At the elementary school level, girls and boys scored equally high in math and science, but by the middle school years girl’s achievement in these areas, particularly in science begins to take a downward slide.

The Sadkers’ showed in their survey of classroom settings across the country that teachers call on boys more frequently, spend more time with them and encourage their initiative and inquisitiveness more than they do girls.  By grade six, girls have become more tentative, far less likely to call out answers and more reluctant to take part in class demonstrations.

The slip has been attributed to the efforts of the lingering perception that science and math are simply things “that men do.” But, even when girls do well in these subjects, they receive less encouragement to pursue such disciplines, the study stated. 

Although differences in math achievement are narrowing, the study said, the gender gap in science may be increasing.  In addition, girls seldom get a chance to learn about the accomplishments of women. I am in agreement that a majority of visual arts and narrative materials are overwhelming male dominated.   Even the central them in movies is dominated with violence against women.

Once children enter middle school, the situation worsens, Girls who have previously held the edge in subjects, including mathematics, begin to lose points in every category of national tests.  This decline most precipitous in math, continues throughout high school, so that by the time juniors take National Preliminary Scholastic Aptitude Tests, boys outscore girls by an average of 50 points.  While 18,000 boys typically reach the highest PSAT categories only 8,000 girls do.

Acting President of the AAUW Sharon Schuster commissioned a study that reported that of 13 popular U.S. history texts revealed that 1% of the 13 textbooks had any material on women, and women’s lives were often trivialized, distorted, or omitted.

A review of 35 major reports over two decades found only four that made any substantive references to girl’s problems in the educational system.  Further, the report found that sexual harassment of girls by boys is on the rise, in part, the Sadker’s stated, because school authorities tend to dismiss the incidents a “harmless instances of “boys being boys.”

Sadly, this is true on many elementary campuses. Some teachers seem to feel that girls need to learn to handle themselves in these types of situations.  However, when I speak to former female students they are acutely aware that the boys are being treated differently.  Many give up on taking their complaints to the teachers because of the lack of support they receive.  They feel that the teachers feel that somehow they must have contributed to the problem.  I have found that many girls begin their academic decline because the boys who instigate many of the problem always manage to get the teacher attention and multiple second tries to get it right.  Therefore, the girls begin to emulate the boy’s behavior in a effort to receive the same amount of attention.  The new problem is now the attention is based on negative behavior and not academic achievement.

Although girls surpass boys academically in the early grades, outdistancing them in all the elementary subjects, by middle school the boys have not only caught up but have begun to sprint ahead, not only in math and science, but in the subjects where girls had the most conspicuous lead: spelling, reading, history and geography.

Monday, April 18, 2011

Online Privacy... You Decide!


Reprint Title: Do Social Network Sites Have a Responsibility to Protect Our Private Information

Are social networks required to protect your privacy? Do they have a special relationship to their users to assure them that they will not reveal any of their online activity without express, direct permission from the user?  Barnes (2006) wrote, “In America, we live in a paradoxical world of privacy. On one hand, teenagers reveal their intimate thoughts and behaviors online and, on the other hand, government agencies and marketers are collecting personal data about us.  Teenagers will freely give up personal information to join social network on the Internet. After wards, they are surprised when their parents read their journals.  Communities are outraged by the personal information posted by young people online and colleges keep track of students activities on and off campus.”

With Social Networking Sites (SNS) hosting up to 100 million users, not to mention Facebook that currently has 600 million register accounts; is it even possible for a social network site to protect your private information.  It seems that Facebook acknowledges that it is not possible to provide you a 100% guarantee that they have the ability to protect your private information.  Facebook (2010), privacy policy includes:
Risks inherent in sharing information. Although we allow you to set privacy options that limit access to your information, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you share your information. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on Facebook will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures on Facebook. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.
Facebook’s privacy policy implies that it is your responsibility to exercise due diligence when engaging in online activities.  Therefore, who should have access to our private information, and under what circumstance?  Is private really private? If I establish an account on a social network and I set my privacy setting, does that mean that no one can access my information?  What is private information?  Is something that is private to me private to you?  In other words, if I do not care that someone has my name, email address, birth date, residing city, employment, educational profile and or access to my friends, why should you, why should anyone?  Do social network sites have an obligation to protect my information or have I proved the site too much personal information online.

Is this the same type of information that would come up in an engaging conversation, with a group of friends, maybe?  So, what is the difference?  It might have more to with what it means to be a member of a social network. For example, my LinkedIn account states that I have 13 connections that links me to 371,632 other professionals.  Now this is great networking, but in reality, I have no idea who is the other 371, 619 connections.  Should I be concern? Can I pick and choose whom I what to engage?  Do sites like Facebook have a fiduciary relationship with me to keep my information away from anyone that I do not want to see it?

Facebook is very clear in their policy that they, as well as other SNS will use your information in some form or another and it will be made available to marketers.  Marketers will in turn make your information available in different forums throughout Cyberspace. It should be noted, that this marketing policy is typical for any SNS, online retailer, credit card company, and or registration for access to online services, and is not restricted to Facebook.

Information from other websites. We may institute programs with advertising partners and other websites in which they share information with us: We may ask advertisers to tell us how our users responded to the ads we showed them (and for comparison purposes, how other users who didn’t see the ads acted on their site). This data sharing, commonly known as “conversion tracking,” helps us measure our advertising effectiveness and improve the quality of the advertisements you see. We may receive information about whether or not you’ve seen or interacted with certain ads on other sites in order to measure the effectiveness of those ads (Facebook, 2010).

Herein lies the problem. If I post something about chocolate does that mean I will receive communication from a manufacture of chocolate.  If I post something about basketball, will I receive advertisements dedicated to sporting events?  Well, the answer to that question is yes.  I will be exposed to some form of marketing on my home page, in my email, snail mail, the side boarders of my search results, and or any other methods or forums that I provide online personal information.  Are there laws to protect me?  Well let us review the Fourth Amendment and how it relates to privacy.  The Fourth Amendment states:
The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, an the persons or thing to be seized. 

 How does this forth amendment right protect me from online predators or from people that want to access my personal information. In one Supreme Court Decision, “Smith v. Maryland, the court held that the defendant has no subjective expectation of privacy in a search conducted by a pen register.  A pen register is a device installed by the telephone company, which can track the phone numbers of all calls outgoing from a person house.”  One can reasonable feel that the phone company has your phone number and the phone number that you dialed even though it is a private number.

This decision was upheld in the case “United States v. Miller (425 U.S. 435 (1976) in which Justice Blackmun wrote, “[t]his Court consistently has held that a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties” (Hodge, 2006). 

This is the case that is adapted for cyberspace.  It is based on “voluntarily turning over” information.  We have a choice regarding what information we provide to SNS.  Before the registration is completed, an acceptable use agreement pops up.  This agreement includes the privacy policy.  We can choose to agree or disagree.  There is evidence that people do not read privacy policies or if they do read them do not fully understand their contents (Berendt, 2005). If you do not read the disclaimer, does this imply that you are forgoing your rights in order to participate in the network? It would appear at that moment that participation is more important than privacy.

In U.S. v. Charbonneau, the district court stated “an e-mail message, like a letter, cannot be afforded a reasonable expectation of privacy once that message is received.”  When an email is sent and once that email arrives to its destination, it is now the discretion of the recipient to guard the content.  If I post on a SNS, I have in result, opened the letter for all to see that has access to any one of my connections or friends.  Hodge’s (2006) wrote in his review of a case study: 
By signing on to Facebook or MySpace and providing personal information for others to see, a user is, in effect, not seeking to preserve the information as private, but is instead making a choice to publicize this information for others.  There is no substantial need to have a profile on Facebook or MySpace in order to engage in other, everyday activities and there are no institutions, which require registration and the posting of a profile on one of these web sites.  In fact, there are other cyberspace mediums for the sharing of personal information with others, which hold them selves out to be more private, and can be used without any additional cost to the user.


This brings us back to the issue of voluntary participation. The personal information that you post is completely your decision.  Thus far, there seems to be no fiduciary relationship between SNS and the users.  The user is not required to provide any information that they deem too personal in nature or too private.  What is posted can be considered to be something that is in plan view for all users of the network to see.  There is no crime to look inside someone’s non-gated backyard. If users are in a legal dispute and the issue of what can be used against them arises in a court of law, for example; in a divorce proceeding, employment applications, and or criminal prosecution; if it is posted on a SNS it could be considered as in “plan view” based on prior legal precedent. As stated in the application of the Fourth Amendment, what is in plan view can be subjected to seizure and is admissible. If you were to establish a relationship with someone online, they in turn have the ability to use your communication for any purpose.

Therefore, the question of trust arises.  Do we trust SNS to protect our private information when no fiduciary relationships exist, and if we do how does that affect the relationship?  Trust is critical in understanding when we choose to share personal information with others and when we chose secrecy (Joinson, A.N., Reips, U.D., Buchanan, T., Schofield C. B.2010).  If someone trusted the look of the site, then they trusted the site with private information.  This not only applies to SNS but to online retailers as well.  There was little evidence that people’s dispositional privacy attitudes influenced their interpretation of the specific situation, suggesting that being concerned about privacy does not influence how a specific privacy-related situation is viewed (Joinson, A.N., Reips, U.D., Buchanan, T., Schofield C. B., 2010) .  Therefore, the mere trust in the design or function of the site will surpass our concerns about privacy.

In conclusion, it is apparent that SNS or any site where there is no fiduciary relationship to protect your private information; they are only required to exercise a reasonable attempt to protect said information.  However, this issue requires further study as more information is posted online as a means of cost cutting and state and federal mandates.  It should be noted that the issue of criminal intent or negligence  in the handling of private information was not addressed in this blog.  In fact a very different outcome with the application of the Fourth Amendment could result if negligence or criminal intent was a factor in the handling of one’s private information.  Nevertheless, if at the present time  the information is indeed private or very personal in nature, one may need to consider if they want to post it with the knowledge that all your friend’s friends have access to the information and also knowing the fact that this information can live forever Cyberspace. 

 Bibliography

Barnes, S. (2006, September 4). A Privacy Paradox: Social networking in the United States. Retrieved April 4, 2011, from First Monday: http://firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/view/1394/1312
Berendt, B. O. (2005). Privacy in e-commerce: Stated perferences vs. actual behavior. Communications of the ACM (48), 101-106.
Facebook. (2010, December 22). Privacy Policy. Retrieved April 4, 2011, from Facebook: http://www.facebook.com/policy.php
Hodge, M. J. (2006). The Fourth Amendment and Privacy Issues on the "New" Internet: Facebook.com and MySpace.com. Southern Illinois University Law Journal, (31), 95-122.
Joinson, A. R. (2010). Privacy, Trust, and Self-Disclosure Online. Human-Computer Interactions , 25, 1-24.

Friday, April 1, 2011

Can ethics succeed when policy and culture collide?


Monday, March 28, 2011, the U.S. Supreme Court wrestled with a case that can have a far-reaching impact on the issue of gender discrepancies in the work place.  Six female employees filed a lawsuit based on the1964 Civil Rights Act.  They stated that Wal-Mart supports a culture of gender discrimination.  Now mind you, the case is not about the actual discrimination but can these women mover forward and file a class action lawsuit based on being over looked for promotions, pay increases and management opportunities.  Thus far, all lower courts have supported the rights of these women  to file this class action lawsuit that would represented about 500,000 women at a cost of about $1,100 for each claimant if they were to prevail.

I know that this is possible having been in the same situation as some of these women.  Thinking that if I just worked harder and longer hours that I would receive the promotion.  In one of my own experiences, after training about a dozen assistance mangers to become retail store mangers, I knew that my knowledge and experience was of values to the company.  All those managers I trained immediately moved on to manage their own retail store. However for me, the actual promotion never happened.  Did I say that all the manager I trained were not of color.  So I can sympathize with these women.

I think if you were to ask any female working in any of the Fortune 500 companies or any company, I would bet that they would have many stories to tell you about the glass ceiling.   Something that we all know exist but up until this point was not voiced in a court of law with such thunder. 

The Los Angeles Times article written by James Oliphant and David G. Savage on March 30, 2011, reports that the hourly wage earners at Wal-Mart for females to males the ratio is 2:1. Times magazine AP writer Mark Sherman wrote on March. 28, 2011 “that 65% of the hourly workers are women.”  This means that the females are responsible for a majority of the sales floor activities, cashiering and dusting, responsibilities.  Yes I did said dusting. 

“The men make up 86% of management and are responsible for the decision-making, hiring, firing and promotional responsibilities. Not to mention, that the men are paid more money, not just in the position of management but also in all positions.  Women within the company are paid less then men even if they have more seniority and better reviews.  They receive fewer promotions and wait longer before getting promoted.” This is the issue of the claimants.

The claimants state that Wal-Mart promotes a strong corporate culture of gender bias.  This is where it gets tough and even the Supreme Court Justices question this aspect of the case.  Or should I say this is where the “male” Supreme Court Justices could not rationalize the discriminatory aspect of the case as it pertains to "legal liability."  It was reported that the court is sharply divided along gender lines. Can you image that the U.S. Supreme court is divided by gender.  What is this world coming to; I thought justice was blind?

The male Justices’ with the exception of Justice Boutrous, questioned how Wal-Mart could be held accountable for the action of the managers at store level.  It seems that since there is not actual “policy” for gender discrimination that Wal-Mart could not be held liable for the action and decisions of store level management.  In other words, “the policy states” that Wal-Mart calls for equal treatment with regards to race or sex.  As far as the male justices are concerned, this policy statement can relieve Wal-Mart of its legal responsibility.

However, on the other side of this gender divide are the female justices.  They feel that allowing local management to determine promotions could result in discrimination against women.  Ginsburg a former sex-discrimination lawyer supports the assertion that “gender bias could “creep” into the workplace.  It isn’t all that complication.”

The female claimants state that Wal-Mart supports a “culture of gender bias.”  They made reference to being treated as less then professionals and do not receive equal pay for equal work and the statistics indicate that this is in fact true. 

So how does one know that they are being discriminated against in the work place?  I know in my experience I was not sure until I realized who I trained, and that I would never receive the promotion that I know I worked hard for. If I had to explain it I would say, its like looking out of your window and it is a bright sunny day.  You dress for this sunny day only to step out of your door and realized that it is 10 degrees outside.  You can’t see it from your window because the sunshine deceived you, and once your realize how cold it is, you start feeling the chill all the way down to your bones.  Quickly you turn to go back and get a different coat only to realize that you left your keys in the house in your heavy winter coat pocket. This single experience will prevent you from ever being deceived by bright sunshine again.

So I ask.  Is a written policy all that is required to legally sweep discriminatory cultural disparities under the rug? Will the good ol' boys be able to pay some high priced attorney to “write” policy in such a way as to enforce the glass ceiling, maintain substandard pay based on gender, age, and or race, thereby maintaining the status quo for the privileged few?  Will oppressive corporate culture sustain itself allowing the good ol' boys to remain in charge and responsible for deciding who succeeds and who labors.  This case is about more than these six courage women.  Corporate Policy should be reviewed and rewritten to accommodate America’s multicultural, multiethnic and multiracial views where everyone should have the opportunity to flourish, collaborate new ideas and concepts in an attempt to realize one’s personal American dream.


Please post any experiences, comments or thoughts that you might have.  I would love to hear your personal stories.

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