Atheist: on what standard or basis do you deturmine a ethical from a non-ethical action?

If your asking this question, to imply that ethics require a religious basis, your wasting your time. Ethics can be based on simple fairness, if you don't want it done to you, don't do it to someone else. It is possible for people to agree to such basic human rights, with out a spiritual, guideline, for the well being of the society as well as individual freedoms.