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Ducks in a Row: Power And Arbitration

Tuesday, December 5th, 2017

https://www.flickr.com/photos/caninhas/2417574568/

In response to a post by Ellen Pao in September I said I wasn’t holding my breath waiting for things to change.

Good thing I wasn’t.

What changed started with a post by Susan Fowler calling out Uber’s misogamist culture, which led to CEO Travis Kalanick’s firing, Gretchen Carlson sued roger Ailes and won, other women started coming forward with their own stories and then the entire #metoo thread on Twitter.

Next came the harassing men crying crocodile tears and saying how terribly sorry they are if their past actions caused any pain.

Talk about arrogant, unfeeling, ignorant, and purely self-focused.

Monday Sheryl Sandberg wrote an excellent post pointing out that harassment has nothing to do with sex and everything to do with power.

The 1992 presidential race was once summed up in a pointed phrase: “It’s the economy, stupid.”

Today, as headlines are dominated by stories about sexual harassment and sexual assault at work, a similar phrase comes to mind: “It’s the power, stupid.”

And that nothing would change until the white male power structure became more balanced.

She goes on to say,

It is my hope that as more employers put thoughtful, effective policies into place – and as more is done to punish the perpetrators – more people will come forward without fear. For too long, too many people have believed that there’s no point in reporting harassment – that nothing will happen, or worse, that it will negatively impact their career. And on the other side, some people are scared that their reputations will be ruined unfairly. Having a consistent and fair process that applies to everyone helps protect against both scenarios and restores a degree of faith in the system.

However, I don’t believe anyone has much faith as long as they are forced to take harassment complaints to arbitration.

A growing number of American companies are requiring workers as a condition of their employment to sign agreements that stipulate they must resolve a dispute with their employer through arbitration. This agreement is known as a mandatory arbitration clause.

It was Carlson whose lawyers found a way around it.

In signing her employment agreement 11 years prior, Carlson had agreed to resolve disputes with Fox News Channel through private arbitration. But she and her legal team found a way around this by suing Ailes personally.

But, as Sandberg says, you need to have a certain level of power to even consider moving on someone with more power — and enough money that you can survive for a while sans paycheck.

Private arbitration is good for companies, since the rules favor businesses and most arbitrators think of the companies as clients — and who bites the hand that feeds it?

Moreover, the results aren’t published, so, there is little blowback even in the rare cases when the company loses.

“This veil of secrecy protects serial harassers by keeping other potential victims in the dark, and minimizing pressure on companies to fire predators,” Carlson wrote for The Times.

The Arbitration Fairness Act of 2017, which is before the House Judiciary Committee and for which Carlson is an advocate, would prohibit employers from requiring arbitration.

But considering the men who make up our current Congress, let alone the current president who would have to sign it into law, I certainly won’t be holding my breath for this one, either.

Flickr image credit: caninhas

Ryan’s Journal: #Metoo in the workplace

Friday, October 20th, 2017

violet

As many of you are aware the news this week has been dominated by the allegations against Harvey Weinstein and his sexual harassment and assaults on a variety of women.

As we learn more about what has occurred a new movement has started, #metoo. Women who have been harassed, assaulted, or worse are speaking up. Some for the first time.

As I have read through some of the posts of my personal friends and spoken to my wife, I am realizing this is much more rampant than I thought.

It has lead to some interesting discussions at work with my colleagues that I never imagined I would have. Most of the women I have spoken with have a story. Perhaps it was flirting that went beyond welcomed attention, an off-hand comment and in one case full-on assault.

It was heartbreaking to hear, as well as enlightening.

One thing I learned today, though, is the other ways women in the workplace have to cope.

In two separate conversations today I learned how my female colleagues have had to deal with aggressive men, misogamy or simple brush offs.

I am in the IT sector and the women in the technical roles have dealt with from not being taken seriously to not being trusted simply because of their gender.

I write all of this as a testament of how we as a society must do better.

I am still amazed that we can pick out the differences amongst each other, differences that we have zero control over, and tear one another down.

The fact that we allow gender to dictate how we should treat one another is shocking.

I am not naive enough to think that we can all just get along, however if we claim to be enlightened, then perhaps we should act like it.

Image credit: @UltraViolet

Ducks in a Row: Change? Yeah, Right

Tuesday, September 19th, 2017

https://www.flickr.com/photos/timove/34352989113/

I read a post by Ellen Pao in Medium in which she asks if anything has really changed.

On its face, it all sounds like meaningful change, right? Or at least it sounds a lot better than the very recent public shaming of women who came forward and the sweeping of bad behavior under the rug. (…) Public apologies and one-off actions are superficial ways to react to criticism or put on a happy face, but they often cover up company culture failures that are hard to fix, especially if no one is seriously trying.

While there have been multiple resignations and apologies (complete with crocodile tears), do you really believe that any of these wealthy, well-known, white guys will land anywhere but on their feet? That their actions will have any permanent effect on their future?

If so, you’re living on a planet to which I’d love to emigrate.

Whereas the women who went public will pay a heavy toll.

I [Pao] have heard from several women who spoke up in this newspaper and elsewhere this year that they continue to face harassment. They have been told that discussing their experiences has limited their careers.

After virtual reality startup UploadVR was sued for sexual harassment in May, a male startup CEO publicly commented that lawsuits like this make him “VERY afraid to hire more [women]. It just seems like such a huge risk as CEO.” His comments went viral and he later retracted, apologized and deleted them.

Retracted, apologized, deleted, none of which is likely to have changed his attitude.

Speaking of UploadVR, which had, and probably still has, one of the worst, sex-drenched cultures in Silicon Valley.

The Valley will protect it, because it isn’t just a guy or a company, but a hub for the VR crowd and, collectively, they need it.

While current publicity is heavily focused on tech, the same actions are alive and well in many venues from the University of Rochester’s Department of Brain and Cognitive, one of the top graduate programs in the US, to women in sports broadcasting.

Are things getting better? Maybe.

But as long as there are no long-term ill effects for guys there is little reason for them to do the hard work of educating against bias, both inherent and societal, and changing culture.

Nothing is as simple as it seems. Be sure to read about an experience, shared by an East Coast founder (published September 20), that turns a spotlight on rarely mentioned fall-out from the harassment problem.

Image credit: TimOve

Ryan’s Journal: Culture Wars At Fox

Thursday, April 20th, 2017

http://www.politicususa.com/2015/12/28/fox-news-literally-dying-age-younger-viewers-refuse-watch-fox.html

I grew up watching Fox News. I am reformed now, but there was a time when I thought the stances that were represented on that network aligned with my own belief system.

I remember a segment that they would do called “Culture Wars.” In the piece they would discuss an instance where conservative values were being infringed upon by the liberal left.

An example might be a town that once had a community nativity scene that the courts ruled was unlawful. Fox News would hype this up and explain how there was a war on Christmas and on conservatives.

Fast forward 15 years and it has become apparent that there is a culture war within the ranks of Fox News. Just this week Fox fired one of their top on air personalities, Bill O’Reily. He has been a presence on the network for years and continued to bring in top ratings for his time slot.

It has come to light that O’Reily and Fox paid more than $13 Million to several women to settle alleged sexual harassment charges.

As of right now I am not sure if the allegations are true or not but I will say this, the appearance of impropriety looms large.

Fox has been in the spotlight recently for sexually harassing women that worked there and promoting a culture of sexism. Most networks place attractive people on air, but even the most casual observer can see there is a certain level of skin on Fox News that is not present on other networks.

Before any of the charges came out I was actually amazed that they were so blatant with the way they sexualized the women on the shows as it seemed to detract from the story the women were presenting.

When we look at the specific case of Bill O’Reily I try to look at it from the context of the network as a whole. As a pivotal member of the organization he had a hand in setting the tone for the culture.

As the charges of sexism came to light for the network I thought it only a matter of time until specific charges were leveled at some of the men on air.

I have never worked at a TV network, but I find it hard to imagine that people didn’t talk.

Women who were put in uncomfortable situations would have surly spoken to their coworkers.

Men would have overheard things in locker rooms and elsewhere. The on air talent had to be acutely aware of the sexually charged atmosphere that was prevalent.

Why did it take this long for it to all come out? I guess an easy answer could be money.

In O’Reily’s case he gave money to women so they wouldn’t talk. In the case of on air talent being sexually harassed it may have been money and credibility.

As a man I cannot completely relate, but I have had female coworkers tell me that it’s tough to tell someone you felt harassed for fear that you will be labeled in a negative way.

If we trace it back to adolescence I am sure we all have memories of girls and guys who were put in compromising positions, but didn’t speak out for fear of being ostracized from the group.

Perhaps that is at work at Fox News as well.

My point to all of this is simple. O’Reily benefited from the loose culture of the network. Regardless of whether the allegations are true, he benefited from the fact that he kept silent about the mistreatment around him.

If we take it all the way and he is guilty of misconduct, he benefited from the belief that he would be protected as all of the other aggressors had been.

As a society what must we do to change this error? One way I see it is we must enable people to speak out without fear. That is much easier said than done.

We must also attach shame to actions that take advantage of others. We have gotten to a place where we are uncomfortable confronting others, but in this case we must.

I no longer watch Fox News, but the few times I see it in passing I think about the culture wars within. Ideally they would become transparent and learn from this. I have been alive for longer than two days though and strongly doubt that will be the outcome.

My lesson I have learned is I must be the change, I cannot wait on others to lead it.

Image credit: Politics USA

Misogyny — Follow The Money

Wednesday, March 29th, 2017

Perhaps Susan Fowler’s post about the harassment she endured and Uber’s culture in general is more empowering than some thought it would be.

Especially regarding Silicon Valley’s “untouchables.”

I say that, because another woman, AJ Vandermeyden, just went public, although the lawsuit was filed last fall.

Only this time it’s Tesla and she still works there; not only works, but loves her company.

“Until somebody stands up, nothing is going to change,” she said in a recent interview, her first comments about a discrimination lawsuit she filed last year. “I’m an advocate of Tesla. I really do believe they are doing great things. That said, I can’t turn a blind eye if there’s something fundamentally wrong going on.”

Tesla’s response was hilarious, in as much as it parroted almost word-for-word the Valley mantra.

“As with any company with more than 30,000 employees, it is inevitable that there will be a small number of individuals who make claims against the company, but that does not mean those claims have merit”

Whoo hoo. Doesn’t that just give you a warm, fuzzy, confident feeling of trust?

Things were better for women 30-40 years ago. What happened?

For one thing, at least for tech, video games happened.

But that’s just one reinforcing piece.

The Atlantic took a more comprehensive look at the misogyny so prevalent in tech culture.

Investigators often say that the best way to trace anything is to “follow the money.”

Turns out that applies here, too.

When Silicon Valley was emerging, after World War II, software programming was considered rote and unglamorous, somewhat secretarial—and therefore suitable for women. The glittering future, it was thought, lay in hardware. But once software revealed its potential—and profitability—the guys flooded in and coding became a male realm.

Now look a bit further and think about the industries notorious for their bad treatment of women.

Wall Street/financial services. Law. Doctors. University-level teaching. Architecture. Chefs. Construction and journeyman crafts. I can keep going.

What do they have in common?

Follow the money.

White and blue collar = high pay.

Pink collar = low pay.

Money means freedom. Freedom to choose. Freedom to walk — from a job or from a relationship.

The more money you have the more control you have over your world — whether for good or for evil.

So maybe control is the real root cause.

Men (some, not all) need to control women, AKA, mom…

Poor, insecure, little guys.

Trying to change their past by taking revenge on the present and, in doing so, damaging the future.

Video credit: Business Insider

Ryan’s Journal: Has The Nation Lost Its Mind?

Thursday, March 2nd, 2017

As a nation, and perhaps as a species, we reward success above all else.

I am in sales and a mantra I have heard many times is, “exceeding quota covers a multitude of sins”. Did you show up hungover to a team meeting? Did you grope someone at an after-hours event? Did you mouth off to your boss?

These are things I have all personally witnessed at work and the one question always asked was, “are they hitting their quota?”

Why do I bring this all up you ask?

As you may have read Uber is having a tough few months and an even worse week. I won’t jump on the bandwagon to bemoan their culture, but I will say it’s probably not limited to them alone.

Because we have put value in success above all else it is easy to forgive when those companies or people err.

In my professional life I have had an opportunity to work in both large and small organizations. These are all made up of people with strengths and weaknesses, but one common thing I see is those that produce revenue and growth get away with a bit more.

Now this is only anecdotal, but headlines can support this claim to a degree. Uber, Google, Wal-Mart have all had scandals or missteps.

While this may not be indicative of social decay, it points to an opportunity for improvement.

One thing I truly believe is culture begins with self.

The choices we make as individuals are what shape the greater group.

When I see these stories of harassment, abuse or other issues it is not a company that is doing it, it’s an individual. Personal responsibility must be an expected outcome if we want a change.

How can we start?

There is always the Golden Rule or Karma to consider.

If you want to consider science alone we can look to Newton’s third law as reference.

All of these have a common theme — your actions will have equal reactions in measure.

Perhaps that can be a basis for culture moving forward?

Image credit: Dani Mettler

If the Shoe Fits: A Continuing Train Wreck Called Uber

Friday, February 24th, 2017

A Friday series exploring Startups and the people who make them go. Read all If the Shoe Fits posts here.

5726760809_bf0bf0f558_mMost of the tech/business/news-consuming world has been hearing about Uber’s latest, but doubtfully its last, scandal.

Uber showcases a culture where anything goes: sexual harassment; managerial threats, including physical violence.

A culture based on the overweening arrogance and MAP of CEO Travis Kalanick and fully supported by his top management and a subservient/ineffective/actively resistant HR.

So Kalanick did what all CEOs (and politicians) do when someone shines a light in their rat hole — he announced an internal investigation led by external, high profile lawyers and made promises at an all-hands meeting.

“What I can promise you is that I will get better every day. I can tell you that I am authentically and fully dedicated to getting to the bottom of this.”

This from the guy who two short years ago called his company “Boob-er” in GQ, because it was a chick magnet.

There’s an old joke that you should never trust anyone who says “trust me.”

The same can be said about the person who proclaims their authenticity.

Image credit: HikingArtist

Bill O’Reilly On Loyalty

Wednesday, January 11th, 2017

https://www.flickr.com/photos/donkeyhotey/5335084162/

There is much talk about Megyn Kelly’s announced move from Fox News to NBC last week, but that’s not what this post is about.

It’s about Bill O’Reilly’s twisted thoughts on what constitutes loyalty.

“I’m not interested in making my network look bad.”

Later that day, he continued the thought in a commentary on his own show in which he appeared to question Ms. Kelly’s loyalty to Fox by saying, without naming her: “If somebody is paying you a wage, you owe that person or company allegiance. If you don’t like what’s happening in the workplace, go to human resources or leave.”

Agreeing with O’Reily means that if your boss hits, grabs, gropes, insults, harasses, etc., your only recourse is to tell a person/department that too often has little-to-no power, and sometimes no interest, in fixing the problem or get out of Dodge — even if it means breaking your contract.

Read anything about professional loyalty and you’ll find that it is the company’s responsibility to give people a reason to be loyal.

Reasons include a workplace that don’t tolerate any type of harassment no matter who it is from — up to and including the CEO.

Additional reasons include fairness and respect, although there are many others.

We do owe loyalty (and protection) to ourselves, but I don’t believe anyone owes loyalty to a a person or company where they have to constantly look out, whether for a knife in the back or death by a thousand cuts.

Flickr image credit: DonkeyHotey

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