gender discrimination

Why Being a Revolutionist is Critical Now

The image may forever be seared into the collective consciousness—Republican members of the House boarding buses to the White House to have a beer to celebrate passage of the American Health Care Act of 2017. Never mind that the AHCA has an enormous list of pre-existing conditions that unconscionably includes cesarean section and PTSD brought on by sexual assault, or that it makes it possible to charge people over 50 more than five times the rate of younger people, or that it included an exemption for Congress. And ignore that in their zeal to defeat the national healthcare safety net created by an African-American president, many Republicans admitted to never having read the thing or that they refused to wait for the cost estimates from the Congressional Budget Office. Just remember this: This may be the moment when the average American becomes a revolutionist.

As someone who has been a revolutionist for psychologically healthy, safe and fair workplaces for almost a decade, it gives me hope to see Americans fired up. It’s this energy that I hope to direct to employment issues, which differ from your rights as a citizen in an important way—the freedom of expression that you are guaranteed under the Constitution does NOT apply to the workplace.  This is why keeping an eye on workplace issues is extremely important—the man currently in the White House wants to run the government like one of his workplaces.

Examples of how employees lack rights abound. Donald Trump’s friends at Fox News continue to be in the headlines with new lawsuits and federal investigations due to sexual harassment and gender discrimination allegations. Most of the women who were harassed had no recourse at work. One of the most pernicious aspects of the culture at Fox News is the practice of human resource departments to encourage employees to come forward then use that information to facilitate retaliation. As I discuss in From Bully to Bull’s-Eye: Move Your Organization Out of the Line of Fire, this is far from unusual. I would even argue it’s the norm; in toxic workplaces human resource departments are part of the problem, not part of the solution. Far too often they suffer from what I call “Sean Spicer Syndrome”—zero credibility, zero courage.

One of the most egregious examples of employees lacking rights at work come from Wells Fargo. I’ve written a lot about the bank’s improprieties and I’m not fooled by the assurance of its new CEO, Timothy J. Sloan, that retaliation against whistleblowers won’t be tolerated. Or, according to a recent New York Times article, that it’s “critically important” that all employees feel safe at Wells Fargo. It does nothing for the employees who were fired for reporting the bank’s abuses and then show up only as a footnote in a 110-page report by an outside law firm. In order for there to have been abuse at the levels that took place and the whistleblowers silenced, the exploitation by Wells Fargo had to be deep and systemic.

That is why I take being a revolutionist so seriously and you should, too. Fighting on against depressing odds is difficult, but we don’t have the luxury of sitting back. Trump has tried to silence the press, boost religious extremists and roll back protections for the LGBT community, in addition to that outrageous bill that masquerades as health-care reform. But it’s not over. Not only does the AHCA still need to pass in the Senate, but 2018 midterm elections are coming up quickly. Use your anger to fuel your resolve to resist. Record donations yesterday poured into sites that will fund Democratic candidates in 2018. There are marches planned, including the June 11 Equality March for Unity and Pride in Washington, DC. I predict we will see record crowds for Pride around the world this year. As my 98-year-old mother, a veteran of the Dutch underground during World War II told me, “you don’t want to feel as you grow older that you should have done more.” Take action now.

Photo credit: CSPAN

  

 

 

 

 

Why Do the Big Tech Companies Drive Away Women and Minorities?

There are toxic workplaces and then there are toxic workplaces in the tech industry. Up until now the evidence was heavily anecdotal. There was the female employee who revealed sexual harassment at Uber, followed by the heart-wrenching tragedy of the African-American engineer at Uber who took his own life as the stress became unmanageable. There is the gay employee taking on the Omnicom Group for horrific abuse and the well-known story of Ellen Pao, whose gender discrimination suit made national news.

At last we have some data to support the chorus of diverse voices begging us to pay attention to the working conditions they’ve been forced to endure. The Kapor Center for Social Impact and Harris Poll just conducted a study to explore the reasons why people leave tech companies. What they discovered was that the outpouring of first-person stories of sexual harassment, gender discrimination, bullying and racial bias is borne out by the numbers: eight in 10 employees who left tech said they did so due to unfair behavior or treatment.  Eighty-five percent observed such behavior and 37 percent left their jobs because of it.

Women experience and observed far more toxic behavior than men, with women of color being most likely to be passed over for promotion. In addition, LGBT employees endured the most bullying and public humiliation leading to the decision by 64 percent to leave their company.

Given that employee retention problems due to toxic workplaces are costing $16 billion a year, one would think that the tech companies would use their brain power to work harder at a solution. However, Facebook, whom we recently praised for its new policy about gender-diverse legal teams, has been cited in the Wall Street Journal for its hidden biases against female engineers. Perhaps Cheryl Sandberg might want to figure out how to help her company lean in. Right now it’s not getting the job done.

Andrew Faas is the author of From Bully to Bull’s-Eye: Move Your Organization Out of the Line of Fire.

Illustration credit: Womena/greenlining.org

Let the Buyer Beware: Law Firm Needs to Check Sexism Accusations

There is a trend in industry toward retaining legal counsel that is committed to inclusion and diversity. I recently wrote about how Facebook now requires its outside legal representatives to include women and minorities in 33 percent of their legal teams. Facebook isn’t alone in this—HP and MetLife have created similar rules. Perhaps legal powerhouse Norton Rose Fullbright should take this into consideration before acquiring the law firm of Chadbourne & Parke. Kerrie L. Campbell, the single remaining female partner at Chadbourne & Parke has just been voted out of the firm, which she says in retaliation for her lawsuit alleging that female partners are paid less and given fewer opportunities.

It certainly seems curious that of the five female partners from among 70, two have left the firm and the two remaining female partners have joined Campbell’s law suit. In my opinion, this is a red flag for Norton Rose Fullbright who should have done their due diligence before the merger.

In order to advance the cause of equality, workplace equity activists could take a lesson from the advertisers who left The O’Reilly Factor. By reaching out to clients like Facebook and HP and asking them to make their position on gender discrimination and pay inequity known to both firms, they may be able to hold the law firms accountable for fair practice. 

Photo credit: BIGSTOCK