Icelandic Companies Required By Law to Show They Pay Men, Women Fairly

From today’s National Public Radio:

Starting this week, companies in Iceland are required to demonstrate that they pay male and female employees fairly — without gender discrimination. Failing to do so can result in daily fines.

The law, which was passed last year and went into effect on Monday, is believed to be the first of its kind in the world and covers both the private and public sectors.

Proposals Aim To Combat Discrimination Based On Salary History

Some headlines have claimed that the new law makes it illegal to pay men more than women. That is not exactly what happened. In Iceland — as in many countries, including the U.S. — it was already illegal to pay men and women differently on the basis of their gender. (And, to be clear, it was and is legal to pay a man more than a woman, or vice versa, provided there is a valid reason.)

What is remarkable about the new law in Iceland is how it enforces equal pay standards. It does not rely on an employee to prove she was discriminated against. Instead, the burden is on companies to prove that their pay practices are fair.

The policy change comes after years of discussion and pilot testing, based on frustration with the fact that several gender-equity laws were not budging the actual pay gap.

Iceland has the best track record on gender equality in the world, according to the World Economic Forum. But the country still had a persistent pay gap just over 16 percent as of last year. The gap exists across all occupational groups. According to the Nordic Labour Journal, figures from 2010 showed about 8 percent of that year’s gap remained “unexplained” after factoring in possible justifications.

Iceland’s new law applies to companies with 25 employees or more. Every three years, the companies will need to confirm that they are paying men and women equally for jobs of equal value. If they aren’t certified, a daily fine will stack up.

Read the complete article here.

Women and Power in the Workplace

From today’s New York Times:

“Revolution will come in a form we cannot yet imagine,” the critical theorists Fred Moten and Stefano Harney wrote in their 2013 essay “The Undercommons,” about the need to radically upend hierarchical institutions. I thought of their prophecy in October, when a private document listing allegations of sexual harassment and abuse by dozens of men in publishing and media surfaced online.

The list — a Google spreadsheet initially shared exclusively among women, who could anonymously add to it — was created in the immediate aftermath of reports about sexual assault by Harvey Weinstein. The atmosphere among female journalists was thick with the tension of watching the press expose the moral wrongs of Hollywood while neglecting to interrogate our own. The existence of the list suggested that things were worse than we even imagined, given all that it revealed. It was horrifying to see the names of colleagues and friends — people you had mingled with at parties and accepted drinks from — accused of heinous acts.

A few days after the list appeared, I was in a van with a half dozen other women of color, riding through the desert on our way to a writing retreat. All of us worked in media; most of us had not realized the extent to which harassment polluted our industry. Whisper networks, in which women share secret warnings via word of mouth, require women to tell others whom to avoid and whom to ignore. They are based on trust, and any social hierarchy is rife with the privilege of deciding who gets access to information. Perhaps we were perceived as outsiders, or maybe we weren’t seen as vulnerable. We hadn’t been invited to the happy hours or chats or email threads where such information is presumably shared. The list was F.T.B.T. — for them, by them — meaning, by white women about their experiences with the white men who made up a majority of the names on it. Despite my working in New York media for 10 years, it was my first “whisper” of any kind, a realization that felt almost as hurtful as reading the acts described on the list itself.

As a young business reporter, no one told me about the New York investor known for luring women out to meals under the guise of work. I found out the hard way. I realized he was a habitual boundary-crosser only after The New York Observer reported on him in 2010. Most recently, after I complained in a media chat room about a man who harassed a friend at a birthday party, everyone chimed in to say that he was a known creep. I was infuriated. That information never made its way to me, and worse, it was taken as a given. Was keeping that secret hidden worth the trauma it caused my friend?

The list’s flaws were immediately apparent. It felt too public, volatile and vulnerable to manipulation. But its recklessness was born out of desperation. It detonated the power and labor dynamics that whisper networks reinforce. Information, once privileged to a select few, became decentralized and accessible to all. And the problem of sexual harassment no longer belonged solely to women to filter and share.

Read the complete article here.

On Sex Discrimination, Men at Work Wonder if They’ve Overstepped

From Nov. 10 New York Times by Nellie Bowles:

It has been a confusing season for America’s working men, as the conversation around workplace harassment reveals it to be a nationwide epidemic — and many men wonder if they were involved or ignored the signs.

Consider Owen Cunningham, a director at San Francisco’s KBM-Hogue design firm. When he looks toward the annual corporate holiday party these days, he shudders.

“Cancel the holiday party,” said Mr. Cunningham, 37, adding that he means just until it has been figured out how men and women should interact. He said he considered himself progressive on gender issues but was thinking more about the behavior he had seen in the past: “What flirting is O.K.? Was I ever taking advantage of any meager power I had? You start to wonder.”

Across white-collar workplaces, rank-and-file men are awakening to the prevalence of sexual harassment and assault after high-profile cases including those of Harvey Weinstein, Mark Halperin and Louis C.K. Those cases helped inspire the #MeToo campaign, in which thousands of women have posted about their own harassment experiences on social media. Now many men who like to think they treat women as equals in the workplace are starting to look back at their own behavior and are wondering if they, too, have overstepped at work — in overt or subtle ways that would get them included in a #MeToo post.

“I don’t think I’ve done anything wrong,” said Nick Matthews, 42, who works at PwC, formerly PricewaterhouseCoopers, and lives in San Francisco. “But has anything I’ve done been interpreted another way?”

Read entire article here.

Actresses—and Millions More Workers—Have No Federal Sexual Harassment Protections

From today’s Nation by Bryce Covert:

After the New York Times dropped its bombshell investigation into decades of sexual harassment perpetrated by film producer Harvey Weinstein, and the New Yorker followed up with allegations of not just harassment but sexual assault, dozens of women in Hollywood have come forward with stories about his harassment and abuse. But until these articles were published, Weinstein faced few repercussions for his behavior.

There are a number of reasons why most of these women may have decided against reporting what happened to them. Many actresses talked about their fear that Weinstein would exact retribution by blacklisting them in the industry—something some victims said they experienced simply for rebuffing his advances. They likely worried no one would believe them or take them seriously. One of the few women who did report his behavior to the authorities, Italian model Ambra Battilana Gutierrez, even wore a wiretap and caught Weinstein apparently admitting to assaulting her, only to watch Manhattan District Attorney Cyrus Vance Jr. drop her case over what he said was lack of evidence supporting a criminal charge.

But there’s another reason why actresses harassed by Weinstein may have been discouraged from reporting sexual harassment. Any who were working on a Weinstein film were almost certainly classified as independent contractors, not regular employees. And that means that the anti-discrimination and sexual harassment protections of federal law didn’t apply to them.

It’s a problem not just in Hollywood, but throughout the economy, in industries as diverse as real estate, trucking, technology, and home health care. And the problem is growing. As more companies classify their workers as independent contractors or push workers into nontraditional employment arrangements, an increasing number of people are at risk of having virtually no recourse for on-the-job harassment.

Workplace discrimination and harassment based on sex are prohibited under Title VII of the Civil Rights Act, which outlaws “employment practice[s] [that] discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” If an employee feels she is being harassed at work, she can file a complaint with the Equal Employment Opportunity Commission, the first step in taking legal action. But the catch is she has to be an employee for Title VII protections to apply. Independent contractors, temp workers, and those employed by contracting companies are not covered under the law. “Title VII has to be related to employment,” explained Catherine Ruckelshaus, program director at the National Employment Law Project. Anyone who’s not a traditional employee can’t easily bring claims under it. “The more attenuated you get from an employment relationship, the harder it is under Title VII.”

Read the entire article here.

The Maddeningly Simple Way Tech Companies Can Employ More Women

From the New York Times, August 15, 2017 by Katherine Zaleski:

I am the co-founder of a company that helps clients find ways to diversify their work force. We recently set up an interview at a major company for a senior African-American woman software engineer. After meeting with the hiring panel, she withdrew her application, telling us she felt demeaned by the all-white male group that failed to ask her any questions about her coding skills. She described how one of the men had made it clear to her that she wasn’t a cultural fit and that therefore they didn’t need to proceed with technical questions.

I hear stories like this regularly, as I work with companies in Silicon Valley and beyond who want to bring more women onto their tech teams. Higher-ups declare their intention to hire more women. But the actual hiring is still all too rare.

There’s a continuing debate about the reasons for the lack of diversity in the tech sector, including candidate pools that are mostly male, and stubborn, superficial notions of what it means to be a “cultural fit” for an organization — the template for which is often based on young white men. But at least one small component of this problem is immediately solvable: Many companies are alienating the qualified women who want to work for them, and who they want to hire, during the interview process itself.

While Silicon Valley companies are enthusiastically putting money into STEM programs in schools and nonprofits focused on diversity, with the goal of creating a richer pipeline of talent in 10 years, they’re missing opportunities to make simple, immediate improvements by changing how they communicate with women who are sitting across the table from them now.

Read the entire article here.