Showing posts with label harassment. Show all posts
Showing posts with label harassment. Show all posts

Wednesday, December 20, 2017

Microsoft Lifts Secrecy Veil in Harassment Cases, Will Others Follow?

On Tuesday, Microsoft announced that it will no longer require employees to resolve sexual-harassment claims through private arbitration, one of the first signs that the legal contracts long used to hide workplace misconduct may be starting to crumble under the pressure of the #MeToo movement.

Roughly 60 million Americans are subject to mandatory arbitration agreements, generally as part of employment contracts they signed when they were hired. The agreements compel employees to address claims through a private arbiter rather than in court, which can keep victims in the dark about prior harassment claims, shield serial abusers, and hide sexual harassment from public scrutiny.

Microsoft says it made the change as it prepared to throw its support behind a bill proposed by Senators Lindsey Graham (R-South Carolina) and Kirsten Gillibrand (D-New York) that would make forced arbitration in harassment cases unenforceable under federal law. “After returning from Washington to Seattle, we also reflected on a second aspect of the issue. We asked ourselves about our own practices and whether we should change any of them,” Brad Smith, Microsoft’s president and chief legal officer wrote on the company’s corporate blog.

Forced arbitration agreements are popular in Silicon Valley, where employers often impose strict confidentiality provisions that keep employment issues private. Now the question is whether other big players will follow Microsoft’s lead.

Amazon says it doesn’t ask employees to sign mandatory arbitration agreements. A Facebook spokesperson says the company is looking into the Graham-Gillibrand proposal and referred to the company"s harassment policy. Uber, Google, and Apple did not immediately respond to questions from WIRED about arbitration agreements for sexual harassment or their support for the new bill. Uber’s employment contracts include a binding arbitration clause, but the company now gives employees 30 days to opt-out of that clause, Uber told WIRED in June.

Confidentiality provisions, including nondisclosure agreements (NDAs) and non-disparagement clauses, came under fire after news reports revealed how these contracts were used to shield serial abusers like Harvey Weinstein, Bill O’Reilly, and Roger Ailes, by silencing victims.

Earlier this month, experts told WIRED that reforming these contracts would help pierce the secrecy around sexual harassment. Both former Uber engineer Susan Fowler and former Fox News host Gretchen Carlson have identified forced arbitration clauses as legal impediments for harassment victims. Fowler, whose harassment allegations led to the ouster of former Uber CEO Travis Kalanick, filed a friend-of-the-court brief in August in support of an ongoing Supreme Court case to determine whether forced arbitration violates federal law. Carlson, who sued Ailes for sexual harassment, joined Graham and Gillibrand at a press conference introducing their bill earlier this month.

Microsoft’s public stand against secrecy follows a Bloomberg story last week about a rape claim from a female Microsoft intern, which came to light as part of a two-year-old class-action lawsuit against Microsoft for gender discrimination.

The rape allegation from the Microsoft intern emerged in recently unsealed documents in the class action suit. According to Bloomberg, the intern was required to keep working alongside her alleged rapist while the company investigated her claim.

The policy change may be relatively simpler to implement at Microsoft, which typically does not include arbitration agreements in its employment contracts. In his blog post, Smith said a review found that only “a small segment” of its 125,000 employees “have contractual clauses requiring pre-dispute arbitration for harassment claims in employment agreements.” That covers a few hundred people. A Microsoft spokesperson says the company also will not compel arbitration related to gender discrimination, which is included in the proposed legislation.


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Friday, December 8, 2017

When #MeToo and Sexual Harassment Revelations Trigger PTSD at the Office, What Do You Do?

Yesterday, another two public officials resigned due to sex scandals and their resignations seem a bit backward. The first, Al Franken (D-Minn) had photos of him inappropriately touching women. He, however, denied that he"d really done anything really wrong, saying,

"I also think it gave some people the false impression that I was admitting to doing things that in fact I haven"t done. Some of the allegations against me are simply not true. Others I remember very differently."

The second, Rep. Trent Franks (R-Ariz.) resigned after "discussing surrogacy" with some female staff members. While that doesn"t seem like actual sexual harassment or discrimination to me, he felt that in the current climate he needed to resign. And, of course, we do not know the whole story. We don"t know anyone"s whole story.

While you can"t shake a stick in Washington or Hollywood without hitting someone sleazy, sexual harassment isn"t limited to the rich and famous. And while some of the victims of Harvey Weinstein, Kevin Spacey, Matt Lauer, and Louis C.K. were, themselves, pretty famous, most victims are normal humans. And normal humans have regular jobs. And normal humans with regular jobs may be feeling a bit more stressed with all this focus on sexual assault and harassment. Some may be suffering from Post Traumatic Stress Disorder (PTSD).

Dr. Joel L. Young wrote about the mental health effects of sexual assault in Psychology Today. He says:

[R]ape and sexual assault might actually be the most common cause of PTSD. Data suggests that anywhere from 30 to 80 percent of sexual assault survivors develop PTSD. With so many women exposed to sexual assault, it becomes clear that the disparity between men and women in mental health issues might be closely related to the trauma many women face.

So, there may well be someone suffering from PTSD in your office who is feeling worse in today"s climate. What do you do?

Don"t pry.

You"re not your employees" best friend, and you shouldn"t try to act like it. Don"t have big sharing sessions or talk about how some guy smiled at you on the bus and made you feel violated. It"s insensitive and dumb. #MeToo isn"t a competition.

Remind your whole staff about your EAP.

You should have an employee assistance program, and if you don"t consider implementing one today. They are inexpensive and can be life-saving for employees. EAPs are experienced in helping people find mental health support and depending on your plan, visits may be free or at a reduced cost, at least for an initial therapy session. 

Make reasonable accommodations.

The Americans with Disabilities Act covers many cases of PTSD, which means that (as long as you have 15 or more employees), you are required to provide reasonable accommodations for an employee who qualifies. Encourage someone who brings up any stress from these recent events to see their physician and have the paperwork filled out.

Then, be willing to make accommodations for your employee. What is reasonable depends on the job and the company. Work with your employee to come to a solution. (This is called an interactive process and is required by law.) For instance, if you work in an office, it might be reasonable to move someone"s desk so that her back is against the wall, which means no one can sneak up on her. If the same employee is a cashier at the grocery store, it may not be reasonable to have her in a location where no one can come up behind her. 

Never excuse bad behavior.

One thing we"ve found out during this time of sexual harassment revelations is that perpetrators need accomplices. The Harvey Weinsteins and Matt Lauers of the world wouldn"t have been successful in their longtime harassment had many people, men and women, not allowed it. 

There is no employee so valuable that you should tolerate bad behavior. If you want your employees to feel safe at work, investigate every claim, and fire anyone who deserves to be fired. Period. Even if that person is your top salesperson. Shut that behavior down.

Chances are, you know someone who is dealing with raw feelings, so remember, above all, be kind.


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