Tag Archives: sexual harassment

“An NDA Was Designed to Keep Me Quiet” – How Pinterest Undermines Equity in the Workplace

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From today’s New York Times:

Last March, I sat in a lawyer’s conference room and watched as my corporate account at Pinterest was suddenly shut off. For almost two years, I had worked at the company as a public policy manager engaging with elected officials, civil rights groups and public health organizations. In an instant, I lost access to emails, documents and all internal systems. Months earlier, I filed complaints about wage discrimination and retaliation. Now the company was presenting me with no choice but to leave.

I thought about how I would explain to my colleagues, friends, family and prospective employers why I no longer had the high-profile job I loved. Worse, I had to find a way to have those conversations without violating the terms of a highly restrictive nondisclosure agreement (NDA), drawn up by Pinterest’s legal team, which was designed to keep me quiet.

Companies have long used NDAs to prevent competitors from poaching confidential information and good ideas. But they appear to increasingly be used to prevent workers from speaking out about instances of harassment, discrimination or assault they may face on the job.

During the #MeToo movement, those who came forward to report workplace abuses did so at great personal and legal risk. But it shouldn’t be this way. That is why I’mhelping lead the passage of a bill in California that, if signed into law, will allow victims of any kind of workplace discrimination to speak openly about the abuse they experience, regardless of the language in an NDA.

For a long time, I hesitated to speak about the issues I experienced at Pinterest. I didn’t want to be sued, and I hoped that the company would do the right thing and address the pay inequities and retaliation I faced. But it didn’t. When I eventually made the decision to come forward publicly, I, along with a courageous former colleague named Aerica Shimizu Banks, did so with the knowledge that we’d be covered, to some extent, under a 2019 law in California called CCP 1001.

Passed in the wake of the #MeToo movement, the law provides protections for those breaking NDAs if they disclose factual allegations related to only three types of misconduct: sexual harassment, sexual assault and gender discrimination. But those protections did not include the race discrimination that I also faced as a Black woman. As such, only one part of my identity was protected, leaving me in a sort of legal limbo.

Recognizing the need for intersectional protection in this law, I decided to work withCalifornia State Senator Connie Leyva (the author of CCP 1001) to help draft and sponsor the Silenced No More Act along with the California Employment Lawyers Association and Equal Rights Advocates. If passed, the measure will allow victims of any type of covered workplace discrimination — on the basis of such categories as race, religion, age, disability and sexual orientation — to speak honestly and openly about what they have faced, regardless of the language in a nondisclosure or nondisparagement agreement.

Read the complete article here.

Opinion: The ‘Manly’ Jobs Problem

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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

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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

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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

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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.

Sexual harassment claims in Congress have been buried from public oversight

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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

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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

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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.

Fox News fires Bill O’Reilly after numerous sexual harassment complaints can’t be contained

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After years of promoting one-dimensional politics and anti-government conspiracy non-sense, Fox News finally had the good sense to fire its long time favorite son, the entertainment reporter turned political hack Bill O’Reilly.

O’Reilly has been dogged for years by complaints from women that he sexually harassed them while working for Fox News, and numerous cases have been settled out of court. The total amount of these settlements across several complaints totals something like $13 million, some of which was paid by Fox News Corp. and some by O’Reilly himself.

Needless to say, this takes place after the company parted ways with former-CEO Roger Ailes, after allegations he sexually harassed numerous women, including Fox News anchor Megyn Kelly, who sued Fox News Corp. and Ailes for fostering a hostile working environment in which women were regularly treated to unwanted advances and discriminated against on the basis of sex. The media firestorm that led to O’Reilly’s exit was helped significantly by dozens of advertisers pulled the plug on their brands having any association with O’Reilly’s prime time show.

Sexual discrimination and harassment in the workplace continues to be widespread. However, when a sufficiently large audience finds about it thanks to social media and vigilant journalists, it is increasingly hard for large firms to sweep their dirty deeds under the rug.

Read an informed story about this breaking news here.

Kory P. Schaff, Editor