We Are All Sikhs

The day after the dreadful attacks of September 11, 2001, the French newspaper Le Monde published an editorial under the headline “Nous Sommes Tous Américains” (“We Are All Americans”).  The headline was meant to convey not only that the French people stood behind Americans in our desperate hour, but also that they shared our vulnerability as well as our responsibility in an increasingly dangerous world.  The editorial warned that modern technology enables suicidal warriors of all ideological stripes to do more damage than ever before, and the writer emphasized that all leaders need to act to discourage ordinary people from joining the murderous aims of warmongers like those who wreaked havoc on September 11th.

On Sunday, a smaller — but no less terrible — act of carnage occurred in Oak Creek, when a lone gunman killed six people and wounded three others before he was shot and killed by a police officer.  Deaths by violence are always terrible, but this was also an attack against an entire religious community that resides among us.

I first began to learn about Sikhism a few years ago when one of my students, herself a Sikh, kindly gave me a book about her religion.  The religion was founded in the 15th century and has over 20 million followers throughout the world.  Sikhs believe in one God, Whom they believe is the same Supreme Being worshipped by followers of other religions.  To quote from the website www.Sikhs.org, “Sikhism preaches that people of different races, religions, or sex are all equal in the eyes of God.  It teaches the full equality of men and women.”  The Sikh religion also emphasizes tolerance, honesty, community service, and sharing with those in need.

It is beyond ironic that members of a group devoted to peace, equality and tolerance were violently slaughtered in what the FBI is investigating as an act of domestic terrorism.

Continue ReadingWe Are All Sikhs

Illinois Prohibits Employers From Seeking Social Networking Passwords

On August 1, 2012, Illinois Governor Pat Quinn signed into law a bill that prohibits employers from requesting or requiring employees or prospective employees from providing “any password or other related account information” to gain access to the individual’s social networking account. Ill. Public Act 097-0875. By enacting the legislation, Illinois joins Maryland as states that prohibit employers from obtaining social media account password information. The law amends the Illinois Right to Privacy in the Workplace Act, 820 ILCS 55, and is effective January 1, 2013.

Illinois’ new social media legislation confirms that employers maintain the right to create lawful workplace policies that regulate the use of computer equipment, e-mail, and internet use. Moreover, the law also allows employers to monitor employee use of the employer’s electronic equipment and e-mail. Employers also may still obtain publicly available information concerning employees or prospective employees under the new law.

As part of the Right to Privacy in the Workplace Act, the law is subject to investigation and enforcement by the Illinois Department of Labor. Potential damages under the law include reasonable attorney’s fees if the violation is found to be willful and knowing.

This legislation comes in response to public criticism of reported incidences of employers seeking social media account password information for purposes of evaluating position applicants. Illinois employers who currently engage in such practices should be aware that any hiring policy or practice that requires applicants or employees to reveal such information will be a violation of Illinois law after the end of the calendar year.

Cross-posted to General Counselor.

 

Continue ReadingIllinois Prohibits Employers From Seeking Social Networking Passwords

Sentencing and the Limits of Actuarial Risk Assessment

As child molesters go, Cory Reibel seems a relatively low-risk proposition.  He is a first-time offender, was not sexually abused himself as a child, and victimized a girl instead of a boy — studies indicate that all of these factors point to a reduced risk of recidivism.  Yet, he was sentenced to the statutory maximum of 30 years in prison by a judge who wanted to prevent him from offending again.

The judge’s sentence seems to fly in the face of the science of risk assessment.  Actuarial risk assessment (that is, the determination of an offender’s risk based on a statistically sound analysis of recidivism data involving other offenders with similar characteristics) seems to be playing an increasingly prominent role in both pretrial release and post-conviction sentencing decisions.  Scientifically speaking, this is pretty clearly an advance on pure intuition as a basis for predicting risk.  However, actuarial risk assessment does present some important ethical difficulties when it is used as a basis for determining how severe a punishment should be.

These difficulties were on display earlier today when the Seventh Circuit turned aside Reibel’s challenge to the reasonableness of his sentence.  

Continue ReadingSentencing and the Limits of Actuarial Risk Assessment