Adding Canon 8 to the ASCE code is OK with me. My only concern is with the unqualified term "discrimination." Discrimination has multiple meanings, some of which would violate this canon. For example, one meaning of "discrimination" is "the quality or power of finely distinguishing" (Merriam Webster). Another meaning is "the act of making or perceiving a difference" (Merriam Webster). Both meanings are commonly exercised by virtually everyone without being nefarious in such exercise. Examples include choice of a spouse, choice of a new-hire, choice of an automobile, choice of a school/college, choice of a religion/or no religion, etc. In each of these instances, the individual finely distinguishes among choices through perceived differences. That is, they are exercising legal
discrimination; they are exercising culturally acceptable personal or corporate freedom. Some discrimination are even constitutionally protected in America, such as freedom of thought, speech, and religion. Diverse discrimination are one of the inherent attributes of multiculturalism and diversity.
However, the intent of Canon 8's provision is to prevent another meaning of "discrimination," which is "prejudiced or prejudicial outlook, action, or treatment." "Prejudicial" means, "tending to injure or impair" or "leading to premature judgment or unwarranted opinion" (Merriam Webster). Dictionary elaborations on the term include "negative bias." With these clarifications, it becomes clear what the intent of Canon 8 is and why some forms of discrimination have been made illegal in America.
Yet, without any qualification, someone could claim discrimination in violation of Canon 8, when the alleged violation is only an exercise of legal, personal/corporate freedom. In other words, just as "beauty is in the eye of the beholder," unqualified "discrimination" can be "in the mind or feelings of the recipient." Thus, to avoid such potential claims of Canon 8 violation (regarding discrimination), it would seem to me that qualifying "discrimination" in Canon 8 would be prudent and beneficial. That is, it clarifies the intent of the provision. The narrowest clarifier would be, "Engineers shall not engage in illegal discrimination…" A less narrow qualifier, but perhaps fulfilling the intent of the Canon 8 authors, would be "Engineers shall not engage in prejudicial discrimination..." Those who may think adding such a qualifier is "unnecessary word-smithing" have most likely never been sued and lost (or settled) because of the ambiguity of terms in the document upon which the suit was based.
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Warren Knoles M.ASCE
SR CONSULTANT
Crawford, Murphy & Tilly, Inc
Springfield IL
(217) 787-8050
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Original Message:
Sent: 11-05-2018 16:40
From: Sayed Maqsood
Subject: What do you think of Canon 8?
It's more effective in the construction industry. Sometimes the work environment reflects the ways engineers conduct themselves. I would simply suggest one more item. For example, an engineer shall be responsive, communicate and stay in close contact with the community related tasks, in the area of their knowledge. I have seen engineers that avoid talking in the public. Some might think, they are highly professional and even somewhat different. The fact is that engineering is a social major that aims to help society.
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Sayed Maqsood S.M.ASCE
Oakland CA
(510)395-4361
Original Message:
Sent: 11-04-2018 17:03
From: Peyton Gibson
Subject: What do you think of Canon 8?
"Canon 8: Engineers shall, in all matters related to their profession, treat all persons fairly and encourage equitable participation without regard to gender or gender identity, race, national origin, ethnicity, religion, age, sexual orientation, disability, political affiliation, or family, marital, or economic status.
- Engineers shall conduct themselves in a manner in which all persons are treated with dignity, respect, and fairness.
- Engineers shall not engage in discrimination or harassment in connection with their professional activities.
- Engineers shall consider the diversity of the community, and shall endeavor in good faith to include diverse perspectives, in the planning and performance of their professional services."
Do you think it was necessary for ASCE to add this Canon? Do you think it will help the industry grow (if so, how)?
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Peyton Gibson EIT, A.M.ASCE
Engineer in Training
Littleton CO
(910)-551-7054
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