The Tipping Equation: At restaurants in America, servers calculate how far is too far, weighing harassment against wages

From the New York Times:

The balancing act plays out every day in restaurants across America: Servers who rely on tips decide where to draw the line when a customer goes too far.

They ignore comments about their bodies, laugh off proposals for dates and deflect behavior that makes them uncomfortable or angry — all in pursuit of the $2 or $20 tip that will help buy groceries or pay the rent.

There was the young server at a burger joint in Georgia, Emmallie Heard, whose customer held her tip money in his hand and said, “So you gonna give me your number?” She wrote it down, but changed one of the digits.

There was the waitress in Portland, Ore., Whitney Edmunds, who swallowed her anger when a man patted his lap and beckoned her to sit, saying, “I’m a great tipper.”

And at a steakhouse in Gonzales, La., Jaime Brittain stammered and walked away when a group of men offered a $30 tip if she’d answer a question about her pubic hair. She returned and provided a “snappy answer” that earned her the tip, but acknowledges having mixed feelings about the episode.

“Literally every time it happens, I will have this inner monologue with myself: ‘Is this worth saying something, or is it not?’” said Ashley Maina-Lowe, a longtime server and bartender in Tucson. “Most of the time I say, ‘No, it’s not worth it.’”

Read the complete article here.

Title VII of Civil Rights Act Protects Gay Workers, Federal Appeals Court Rules

From today’s New York Times:

A federal appeals court in Manhattan ruled on Monday that federal civil rights law bars employers from discriminating based on sexual orientation.

The case, which stemmed from the 2010 dismissal of a Long Island sky-diving instructor, was a setback for the Trump Justice Department, whose lawyers found themselves in the unusual position of arguing against government lawyers from the Equal Employment Opportunity Commission.

The E.E.O.C. had argued that Title VII of the 1964 Civil Rights Act, which bars workplace discrimination based on “race, color, religion, sex or national origin,” protected gay employees from discrimination on the basis of sexual orientation.

But the Trump Justice Department took the position that the law did not reach sexual orientation, and said the E.E.O.C. was “not speaking for the United States.”

The Justice Department and Altitude Express, the instructor’s employer, could seek review of the decision by the United States Supreme Court, although neither party had any immediate comment on the ruling.

Read the complete article here.

Opinion: The ‘Manly’ Jobs Problem

From today’s New York Times:

Insults, groping — even assault. That kind of sexual harassment came along with being one of the very few women on a construction site, in a mine, or in a shipyard. Those professions remain male-dominated and the harassment can seem, for countless women, to be intractable.

But what if the problem isn’t simply how their male co-workers behave? What if the problem is the very way society has come to see the jobs themselves? Some jobs are “male” — not just men’s work, but also a core definition of masculinity itself. Threatening that status quo is not just uppity — it can be dangerous.

This dynamic plays out in workplaces of all classes and crosses partisan political lines. But it is particularly stark in the blue-collar jobs that once scored a kind of manly trifecta: They paid a breadwinner’s wage, embodied strength and formed the backbone of the American economy.

As Christine Williams, a professor of sociology at the University of Texas at Austin, pungently put it, women in so-called men’s jobs are labeled either “sluts or dykes,” each abused in their own ways. Although statistics are spotty, some studies have concluded that sexual harassment is more regular and severe in traditionally male occupations. And a Times Upshot analysis of blue-collar occupations showed that women’s presence in these jobs stayed static or shrank between 2000 and 2016.

Women are so scarce in these trades that some men refuse to see them as women. The only woman in a repair crew at wind-farm sites charged in a lawsuit that her co-workers called her by male nicknames, from common to obscene, because they thought only a man could handle the job. Men suggested she must have a penis or be a lesbian.

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.

Al Franken will resign from Senate after more allegations of sexual improprieties

From today’s LA Times:

Al Franken announced Thursday he will resign his Senate seat, falling to a whirlwind of sexual misconduct allegations like those that have enmeshed other politicians, business leaders and media figures across the country in recent months.

The Minnesota Democrat, a second-term senator once seen as a potential presidential candidate in 2020 or beyond, earlier had said he would not leave office but would submit to a Senate ethics investigation into his behavior. He had acknowledged some misconduct, but denied other allegations.

His fate appeared sealed, however, on Wednesday, when more than half of Senate Democrats issued calls for his resignation in an uprising led by female senators. The choreographed move came as yet another woman came forward to accuse Franken of unwanted advances before he was elected to the Senate, and Senate Democratic leader Charles E. Schumer of New York privately met with Franken to tell him the time had come to quit.

Franken’s announcement marked the second departure this week of a once-heralded Democrat caught in unsavory accusations. On Tuesday, the senior member of the House, Rep. John Conyers Jr. of Michigan, quit after multiple complaints by aides that he had sexually harassed them.

The departure marks the end of the legislative career that began when Franken squeaked into office on an exceptionally narrow win, was reelected more easily and had emerged as a well-regarded member of the party’s growing liberal wing.

Franken’s resignation will not change the balance of power in the Senate, where Republicans hold the majority with 52 seats. Minnesota Gov. Mark Dayton, a fellow Democrat, will appoint a replacement to serve until a special election can be held in November 2018. The winner of that election will hold the seat until what would have been the end of Franken’s second term, in January 2021.

Read the entire article here.

Rep. John Conyers (D-MI) to resign amid many accusations of sexual harassment

From today’s LA Times:

Rep. John Conyers Jr. of Michigan, the longest-serving member of the House of Representatives, resigned Tuesday after his support among fellow Democrats collapsed amid accusations of sexual harassment by several female employees.

Conyers endorsed his son, John Conyers III, in a rambling radio interview with Detroit host Mildred Gaddis.

“I am retiring today, and I want everyone to know how much I appreciate the support, incredible undiminished support I’ve received,” Conyers said.

Conyers’ use of the word “retiring” rather than “resigning” left some uncertainty over when he was vacating the congressional seat he has held since 1965. Later in the day, however, he sent a letter to congressional leaders saying he was stepping down “effective today.”

Conyers’ replacement will be chosen in a special election.

The Detroit-area seat is strongly Democratic, so Conyers’ departure will not affect the balance of power in the House. But it does set up a potential family fight: While the congressman endorsed his son to succeed him, a great-nephew, state Sen. Ian Conyers, has publicly said he intended to seek the seat.

The announcement by John Conyers came after House Minority Leader Nancy Pelosi (D-San Francisco), fellow Congressional Black Caucus leader Rep. James Clyburn (D-S.C.) and increasing numbers of House members urged him to quit as former aides offered detailed accounts of inappropriate sexual advances he had made over decades.

A longtime civil rights activist — the only remaining member of Congresswho was elected in the 1960s — Conyers is the highest-profile political figure to be forced from office in the midst of a national debate over sexual harassment that began weeks ago with accusations against movie producer Harvey Weinstein.

Conyers has continued to deny any wrongdoing, although on Nov. 26, he agreed to step down as the top Democrat on the House Judiciary Committee in what served as the first acknowledgment of his vulnerability.

Read the entire article here.

Breaking News: State Assemblyman resigns in wake of harassment scandal

California Assemblyman Raul Bocanegra, who represents a large part of the East San Fernando Valley, announced Monday he will resign “immediately,” one week after multiple women alleged he sexually harassed them.

In a statement Monday, he said he decided to accelerate his resignation, which he said was his “original intention.”

“By doing so I hope the community will have a new representative sooner rather than later. Furthermore, it is my hope that in taking this action we can help clear the path so that women and men who have been truly victims of sexual assault and workplace harassment can step forward and get justice for any crimes committed against them. While I am not guilty of any such crimes, I am admittedly not perfect,” Bocanegra said in the statement.

He continued: “I sincerely hope that my decision to resign immediately does not embolden those who are using this serious problem in our society to advance their own personal political gain, rather it is my hope that this action can instead help to widen the doors for victims of sexual assault and workplace harassment to find justice and solace.”

He submitted a resignation letter, “effective immediately,” to Assembly Speaker Anthony Rendon (D-Paramount).

His announcement comes the day before the Assembly will hold a public hearing on how to prevent harassment, discrimination and retaliation in the Capitol.

Sexual harassment claims in Congress have been buried from public oversight

From today’s Buzzfeed by P. McLeod and L. Villa:

Michigan Rep. John Conyers, a Democrat and the longest-serving member of the House of Representatives, settled a wrongful dismissal complaint in 2015 with a former employee who alleged she was fired because she would not “succumb to [his] sexual advances.”

Documents from the complaint obtained by BuzzFeed News include four signed affidavits, three of which are notarized, from former staff members who allege that Conyers, the ranking Democrat on the powerful House Judiciary Committee, repeatedly made sexual advances to female staff that included requests for sexual favors, contacting and transporting other women with whom they believed Conyers was having affairs, caressing their hands sexually, and rubbing their legs and backs in public. Four people involved with the case verified the documents are authentic.

And the documents also reveal the secret mechanism by which Congress has kept an unknown number of sexual harassment allegations secret: A grinding, closely held process that left the alleged victim feeling, she told BuzzFeed News, that she had no option other than to stay quiet and accept a settlement offered to her.

“I was basically blackballed. There was nowhere I could go,” she said in a phone interview. BuzzFeed News is withholding the woman’s name at her request, because she said she fears retribution.

Last week the Washington Post reported that the office paid out $17 million for 264 settlements with federal employees over 20 years for various violations, including sexual harassment. The Conyers documents, however, give a glimpse into the inner workings of the Office of Compliance, which has for decades concealed episodes of sexual abuse by powerful political figures.

Read the entire article on Congressional coverups 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.

Class Actions Lawsuits by Women Could Fight Discrimination in Tech Industry

From today’s New York Times “Opinion” Section by Anita Hill:

The recent leak of a Google engineer’s screed against the company’s diversity initiatives is a reminder that the notion of Silicon Valley as the seat of human progress is a myth — at least when it comes to way the women behind the latest in technology are treated.

The tech industry is stuck in the past, more closely resembling “Mad Men”-era Madison Avenue or 1980s Wall Street than a modern egalitarian society. It may take the force of our legal system to change that.

The leaked memo, titled “Google’s Ideological Echo Chamber,” called on the company to abandon its efforts for gender diversity and replace them with a focus on “ideological diversity.” The author even claimed that biological differences make women poorly suited to engineering. While the document may be unusual in its explicit embrace of this kind of backward thinking, the attitudes that underlie it are nothing new in Silicon Valley. Google’s decision to fire the employee responsible for the memo neither dispels the notion that a systemic problem exists nor solves it.

Since a former Uber employee published her blog post detailing her experience with the ride-sharing company’s toxic, male-dominated culture, a stream of female coders, engineers and others have come forward to discuss their experiences with sexual harassment and hostile, discriminatory workplace cultures. Companies like Google, Tesla, Twitter, Microsoft and Oracle face allegations of sexism in the form of individual lawsuits and Labor Department inquiries.

Sadly, these types of cases represent only one element of the industrywide discrimination against women in tech. There’s also an alarming gap in pay and promotions, which has devastating effects on women’s careers.

Read the entire editorial here.