Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘Harassment’

New Survey Shows Sexual Harassment a Pervasive Problem for Flight Attendants

Friday, May 11th, 2018

AFA-CWA President Sara Nelson discussed the scope of the problem:

While much of the coverage of the #MeToo movement has focused on high-profile cases in the entertainment industry and politics, this survey underscores why AFA has long been pushing to eradicate sexism and harassment within our own industry. The time when flight attendants were objectified in airline marketing and people joked about ‘coffee, tea, or me’ needs to be permanently grounded. #TimesUp for the industry to put an end to its sexist past.

Nelson noted that the problems associated with the harassment go beyond the harm caused to the flight attendants:

Flight attendants are first responders. Their authority when responding to emergencies is undermined when they are belittled and harassed. Likewise, harassment makes it more difficult for flight attendants to intervene when passengers are harassed by other passengers. Flight attendants must be confident that airline executives will back them up when they respond to and report harassment of crew and passengers.

Here are some of the key facts uncovered by the survey:

  • 68% of flight attendants have experienced sexual harassment during their flying careers.
  • 35% experienced verbal sexual harassment from passengers in the past year. 
  • Of those who have experienced verbal sexual harassment in the past year, 68% faced it three or more times, and one-third five or more times.
  • Flight attendants describe the verbal sexual harassment as comments that are “nasty, unwanted, lewd, crude, inappropriate, uncomfortable, sexual, suggestive and dirty.” They also report being subjected to passengers’ explicit sexual fantasies, propositions, request for sexual “favors” and pornographic videos and pictures.
  • 18% experienced physical sexual harassment from passengers in the past year. 
  • Of those who experienced physical sexual harassment in the past year, more than 40% of those suffered physical abuse three or more times.
  • Flight attendants said the physical sexual harassment included having their breasts, buttocks and crotch area “touched, felt, pulled, grabbed, groped, slapped, rubbed and fondled” both on top of and under their uniforms. Other abuse included passengers cornering or lunging at them followed by unwanted hugs, kisses and humping.
  • Only 7% of the flight attendants who experienced sexual harassment reported it to their employer. 
  • 68% of flight attendants say they haven’t noticed any employer efforts over the past year to address sexual harassment at work. According to AFA-CWA, airlines Alaska, United and Spirit have led the industry in addressing this issue.

This blog was originally published at AFL-CIO on May 11, 2018. Reprinted with permission. 

About the Author: Kenneth Quinnell is a long-time blogger, campaign staffer and political activist. Before joining the AFL-CIO in 2012, he worked as labor reporter for the blog Crooks and Liars.

Women of color face barriers in sexual harassment claims

Tuesday, May 8th, 2018

Women of color are more likely to experience sexual harassment, yet less likely to report it.

The dynamic is true across all sectors, including state and federal government jobs. The increased awareness and sympathy in the wake of #MeToo and #TimesUp doesn’t always translate when the victim of sexual harassment is a minority woman.

What needs to change to make it safe and viable for women of color to report harassment?

Minority women are still leery of coming forward

Numerous surveys and studies indicate women of color experience sexual harassment at a higher rate than white women. This is especially true in low-wage occupations such as food service and housekeeping. So why don’t formal harassment complaints reflect this?

  • Women of color are both fetishized and marginalized, making them frequent targets for harassment. This is especially true if they are isolated in the workplace. I’m the only non-white woman in my whole department. They worry that co-workers or supervisors will not back them up.
  • Dominant culture stereotypes can inhibit investigation of workplace harassment. Asian women are submissive. Black women are dramatic. Latinas are hotheads. Such preconceptions can skew how sexual harassment complaints are perceived and processed by management or HR.
  • Cultural norms also influence women from minority communities, including what they consider harassment and whether to report it. We don’t snitch on our own. You should take it as a compliment. Our people don’t rock the boat. No one will take a black woman seriously.

These external and internal messages get in the way of holding harassers accountable. Instead of focusing on the sexual harassment, the victim is more likely to be doubted or “handled” if she is a woman of color.

More to lose, less to gain

Women from racial and ethnic minorities are already at a disadvantage when it comes to hiring and advancement. Like all women, they have to weigh the risks and rewards when deciding whether to blow the whistle on harassment. But women of color are less likely to be believed and supported, even within the current environment to expose sexual harassment. According to The Alliance, for every black woman who reports a sexual assault, there are 15 black victims who don’t even bother to go to police.

Women of color are also more likely to suffer retaliation after reporting sexual harassment – transfers, poor performance reviews, denial of security clearance, or even termination. And so the self-dialogue becomes how much harassment they are willing to put up with.

You do not have to fight this battle alone.

The inequality won’t change overnight, but the needle is moving in the right direction. Women of color do have legal recourse to stop workplace sexual harassment and pursue civil damages. An employment law attorney can help document the harassing behavior, identify allies (or reluctant witnesses) and initiate a formal sexual harassment complaint through the EEOC or other channels.

This blog was originally published at Passman & Kaplan on May 4, 2018. Reprinted with permission. 

About the Author: Founded in 1990 by Edward H. Passman and Joseph V. Kaplan, Passman & Kaplan, P.C., Attorneys at Law, is focused on protecting the rights of federal employees and promoting workplace fairness.  The attorneys of Passman & Kaplan (Edward H. Passman, Joseph V. Kaplan, Adria S. Zeldin, Andrew J. Perlmutter, Johnathan P. Lloyd and Erik D. Snyder) represent federal employees before the Equal Employment Opportunity Commission (EEOC), the Merit Systems Protection Board (MSPB), the Office of Special Counsel (OSC), the Office of Personnel Management (OPM) and other federal administrative agencies, and also represent employees in U.S. District and Appeals Courts.

Tesla Workers Say Elon Musk is a Union Buster. The NLRB Just Gave Their Case a Boost.

Thursday, April 12th, 2018

Tesla factory workers have been trying for months to win restitution for the company’s alleged union-busting and harassment. Now, a National Labor Relations Board (NLRB) complaint against the company appears to be making strides.

Last August, the NLRB filed a complaint against Tesla after finding merit in a number of accusations from employees at its Fremont, California factory. Some Tesla factory workers say the company engaged in various forms of union-busting, through harassment and surveillance. They also claim that Tesla required them to sign a confidentiality agreement which prohibited them from discussing the details of their working conditions.

On March 30, the NLRB amended the complaint to add new allegations from workers which the board found to have merit. In the new claims, Tesla workers say the company investigated them after they posted information on a pro-union Facebook page.

The case has now been scheduled to go before an NLRB administrative law judge in June. After hearing the case, the judge will issue a decision and recommended order. The fact that the complaints were deemed to have merit, and that workers will have their concerns heard, constitute significant developments in the case.

The amended NLRB complaint comes as Tesla, and its CEO Elon Musk, are being criticized for failing to live up to their production goals. After Tesla shares dropped last month, its engineering chief Doug Field sent an email to staff attacking people who doubted Musk’s vision. “I find that personally insulting, and you should too,” Field wrote in a March 23 email. “Let’s make them regret ever betting against us. You will prove a bunch of haters wrong.”

In an internal memo from March 21, the company also announced that a small number of “volunteers” would be brought in to help assist with Tesla’s Model 3 line. After Bloomberg reported this fact on March 29, Tesla informed the outlet that volunteer shifts would only take place on one day, while production of the company’s Model X and S cars was stopped. Employees who regularly work on those models could either volunteer to work on the Model 3, take paid time off, or take unpaid time off that day.  “The world is watching us very closely, to understand one thing: How many Model 3’s can Tesla build in a week?” Field wrote in his email to staff. “This is a critical moment in Tesla’s history, and there are a number of reasons it’s so important. You should pick the one that hits you in the gut and makes you want to win.”

The working conditions of Tesla employees, and their organizing efforts, were brought to the public’s attention last February when Jose Moran, a production worker at Tesla’s plant in Fremont, published a Medium post criticizing the company’s hourly wages and high number of preventable work injuries. “Tesla isn’t a startup anymore. It’s here to stay,” wrote Moran. “Workers are ready to help make the company more successful and a better place to work. Just as CEO Elon Musk is a respected champion for green energy and innovation, I hope he can also become a champion for his employees.” In his piece, Moran mentions that Tesla workers had reached out to the United Auto Workers (UAW) for assistance with their unionizing efforts.

Workers at the Tesla factory say they were reprimanded by management for printing copies of Moran’s post and attempting to pass them out, along with information about the UAW. Three workers cited this action in the charges that became part of the August complaint from the NLRB. Workers also claim they were harassed for wearing UAW shirts. The updated complaint claims that two workers were investigated and interrogated by Tesla after they posted company information in a private Facebook group called “Fremont Tesla Employees for UAW Representation.” Last October, one of the employees was fired and the other was given a disciplinary warning. Tesla said it fired the employee after he admitted to lying about the incident during their internal investigation.

That same month, Tesla fired 700 of its employees without notice or warning, about 2 percent of its entire workforce. The UAW promptly filed a federal complaint against the company, claiming that some of the employees were fired because they were part of the unionization efforts. On a quarterly earnings call last November, Elon Musk defended the firings and called criticisms of them “ridiculous.” He pointed to Tesla’s supposedly high standards for performance. “You have two boxers of equal ability, and one’s much smaller, the big guy’s going to crush the little guy, obviously,” said Musk. “So the little guy better have a heck of a lot more skill or he’s going to get clobbered. So that is why our standards are high. They’re not high because we believe in being mean to people. They’re high because if they’re not high, we will die.”

Last November, the UAW filed another complaint against Tesla. This one concerned its Gigafactory battery plant in Nevada. The filing, which was obtained by Jalopnik via an FOIA request, charges Tesla with intimidating, surveillance, and interrogating employees who participated in union organizing. The NLRB consolidated these charges into the ongoing complaint.

Earlier this month, Tesla released the following statement regarding the amended NLRB complaint: “These allegations from the UAW are nothing new. The only thing that’s changed since the UAW filed these charges is that many of the allegations have been outright dismissed or are not being pursued by the NLRB. There’s no merit to any of them.”

Legally, Tesla has to respond to the newest round of complaints by April 13. The case will go before an administrative judge on June 11.

This article was originally published at In These Times on April 12, 2018. Reprinted with permission. 

About the Author: Michael Arria covers labor and social movements. Follow him on Twitter: @michaelarria

Today's Working Women Honor Their Courageous Foremothers

Tuesday, March 20th, 2018

Nearly two centuries ago, a group of women and girls — some as young as 12 — decided they’d had enough. Laboring in the textile mills of Lowell, Massachusetts, they faced exhausting 14-hour days, abusive supervisors and dangerous working conditions. When threatened with a pay cut, they finally put their foot down.

The mill workers organized, went on strike and formed America’s first union of working women. They shocked their bosses, captured the attention of a young nation and blazed a trail for the nascent labor movement that would follow.

As we celebrate Women’s History Month, working women are proudly living up to that example—organizing, taking to the streets and running for office in unprecedented numbers. It is a reminder that the movements for worker and women’s rights always have been interwoven.

But even as we rally together, our opponents are proving to be as relentless as ever. It’s been 184 years since that first strike in Lowell, and our rights still are being threatened by the rich and powerful. The Janus v. AFSCME case currently before the Supreme Court is one of the most egregious examples.

Janus is specifically designed to undermine public-sector unions’ ability to advocate for working people and negotiate fair contracts. More than that, it is a direct attack on working women. The right to organize and bargain together is our single best ticket to equal pay, paid time off and protection from harassment and discrimination.

Women of color would be particularly hurt by a bad decision in this case. Some 1.5 million public employees are African-American women, more than 17 percent of the public-sector workforce. Weaker collective bargaining rights would leave these workers with even less of a voice on the job.

This only would add insult to injury as black women already face a double pay gap based on race and gender, earning only 67 cents on the dollar compared to white men.

This is a moment for working women to take our fight to the next level. For generations, in the face of powerful opposition, we have stood up for the idea that protecting the dignity and rights of working people is a cause in which everyone has a stake.

This blog was originally published at AFL-CIO on March 19, 2018. Reprinted with permission.

About the Author: Liz Shuler is secretary-treasurer of the 12.5 million-member AFL-CIO, the largest federation of unions in the United States.

Wendy’s refuses to join program protecting farm workers from sexual abuse

Monday, March 19th, 2018

When Silvia Perez came to Immokalee, Florida from Guatemala in 1993, there was one profession that made sense: working in the fields.

“Tomato-picking is the biggest industry in Florida, and you find out about it right when you arrive,” she said. “It’s bigger than textiles or the restaurant business.”

Perez got a job on a farm in Immokalee, where she was one of five women on a farm saturated with men; she made friends with two other women at work and they stuck together. Before long, their male supervisor began following them around while they worked. One day, he compared the tightness of their clothing and encouraged Perez to wear tighter shirts and more fashionable clothes.

Perez dealt with it. With two kids to feed and minimal fluency in English, she felt that tomato picking was the best option for her in her new home.

Then, in 2008, her supervisor touched her breasts.

“He asked me if they are real or fake,” she recalled. “I was so angry.”

She remembered the incident as she protested on the streets of New York City for the past five days in support of worker protections.

Worker protections, for Perez, are more than a lofty ideal; they are actively enforced by the Fair Food Program (FFP), launched by the Coalition of Immolakee Workers(CIW) in 2011. The FFP creates a partnership between farm workers, Florida tomato growers, and participating retail buyers to enforce fair wages, worker safety, and other basic protections for farm workers through a three-pronged model: it includes worker-to-worker education sessions about worker rights that are held on the farm and on the clock, it adds a premium to the price of tomatoes that becomes a direct bonus for the tomato pickers, and it enlists the help of the third-party Fair Food Standards Council, which conducts regular audits and carries out ongoing complaint investigation and resolution.

Fast food restaurants like McDonald’s, Burger King, Subway, Taco Bell, KFC, and Chipotle have all signed on to the FFP, which means they only purchase their vegetables from farms with these protections. But Wendy’s refuses to participate. That’s what brought Perez to New York, to join the CIW in their fast and protest against the fast food chain’s refusal to join.

On Thursday, outside the Manhattan hedge fund offices of Nelson Peltz, Wendy’s largest shareholder and chair of its Board of Directors, Perez made her voice heard.

“I am here as a mother to break the silence and to end the abuse that exists where Wendy’s buys their tomatoes,” Perez said. “We’re demonstrating and we’re being joined by students, by thousands of people. And they’re on our side. They’re listening to us. They come, they show up. We hope that Wendy’s will listen. If not, we will keep showing up.”

Denying dignity to farm workers

When Perez first faced sexual assault at work, she didn’t have many options. There was no union to report to, and, throughout the 2000s, workers’ rights in Florida were quickly disappearing as then-Gov. Jeb Bush (R) dismantled the state’s Department of Labor.

Her experience was nothing new. Farm workers in the United States have long faced sexual abuse, rape, and harassment in the fields — a problem exacerbated by the fact that many of the workers are undocumented immigrants who are more easily taken advantage of by individuals in power.

So, Perez continued to put up with it. Until 2008, when she heard about a solution in the form of the Coalition of Immokalee Workers, a grassroots organization launched in 1993 that advocates for worker justice through community organizing. In 2011, CIW started the Fair Food Program.

From the fields, Perez noticed improvements as corporations started signing onto the FFP. Water, bathrooms, and shade became available to her and her colleagues. Her pay increased. There was a system to report problems, including a 24-hour hotline that she and other pickers could call from anywhere. For the first time, she felt like she had a voice at work.

“If someone on the field had a headache, they could actually ask for a break,” Perez told ThinkProgress.

To those who have never worked in the fields, these changes may seem minor. However, they’re important enough that Perez worries about farm workers who aren’t protected by the FFP. She’s heard stories from pickers who have witnessed sexual abuse and wage theft on non-FFP-protected farms. She was horrified to read a 2014 Los Angeles Times exposé of human trafficking circles run on the Bioparques de Occidente farm in Mexico.

Perez and the rest of the CIW said their dignity should be at the center of Wendy’s transactions.

Laura Espinoza, director of the Fair Food Standards Council, the third-party organization that oversees the FFP, agreed. She called the FFP an all-around beneficial situation: buyers get transparency from their supply chain, growers oversee safe, secure workplaces, turnover among workers on farms decreases, and tomato pickers like Perez are safe at their jobs.

Wendy’s isn’t alone. Although the FFP has seen growth — since 2011, it’s expanded to include seven states, three crops, and continues to get support from the fast food industry — there’s been a steady increase in U.S. buyers sourcing tomatoes from Mexico, said Jennifer Bond, an agricultural economist at the U.S. Department of Agriculture.

It’s problematic, as the success of the FFP hinges on buyers joining. With a surplus of farms that provide cheaper — and perhaps, as Wendy’s claims, riper — tomatoes, there is a strong financial incentive for companies like Wendy’s not to sign on to an agreement that promotes human rights.

“We at the Council are able to stop abuses because we go out to the farms and say, ‘If this doesn’t stop, you will not be able to sell your produce to our participating buyers.’ That’s what Wendy’s is denying to farm workers,” Espinoza said.

She cited a 2017 lawsuit in which a female farm worker at Favorite Farms in Tampa, Florida was sexually harassed and raped by her supervisor. When she reported the incidents, she was suspended, then fired. The U.S. Equal Employment Opportunity Commission (EEOC) sued the farm and won the lawsuit, but Espinoza said that didn’t provide enough long-term protection for the workers on that farm.

“With the FFP, if a farm worker or grower is found guilty of sexual assault or retaliation, they are banned from all FFP-participating farms,” she said. “But that individual can work at Wendy’s. Because they’re not enforcing these basic human rights.”

“We are here to be heard”

By sunset on Thursday evening, the dozens of Immokalee workers in New York were joined by thousands of marchers. Native New Yorkers, faith leaders, workers from outside of Florida, and students on spring break from as far as Indiana proceeded in front of Peltz’s building chanting, drumming, and carrying signs urging onlookers to boycott Wendy’s, to support human rights, and to buy fair food. It was day five of the protest, and the marchers were energized as they made their way from Park Avenue to a park opposite the United Nations where the air boomed with the voices of five women on a makeshift stage who were rapping about rights and being American.

For Perez, it was gratifying to be surrounded with such a show of support. Now, she hopes that Wendy’s will finally agree to prioritize the rights of pickers like her.

“Wendy’s is supporting the problem. They buy tomatoes where respect doesn’t exist, where there are no rights for workers,” Perez said amid the noise. “Wendy’s says that tomatoes are more fresh, more delicious. But they don’t know about the life of the workers. We are here to be heard.”

This article was originally published at ThinkProgress on March 16, 2018. Reprinted with permission. 

About the Author: Gina Ciliberto is a writer based in New York City. She covers social justice issues for the Dominican Sisters of Hope, among others.

Women in male-dominated workplaces more likely to be mistreated

Friday, March 16th, 2018

Nearly half of American women work in places where they outnumber the men. But for millions of other women, employment in a male-dominated workplace can be stressful, dangerous and harmful to their careers.

A Pew Research Center survey confirmed that women in majority-male workplaces are more likely to experience gender discrimination and sexual harassment. The mistreatment is often worst in traditionally male jobs and workplaces without women in positions of authority.

Gender ratios are linked to gender discrimination

The Pew Research survey was conducted in 2017 before the #MeToo movement put a national spotlight on sexual harassment. The research gave credence to a known phenomenon:

  • Sex discrimination – In majority-male workplaces, women were more likely to say they (a) are paid less than men, (b) are treated as not competent, (c) received less support from leadership than their male counterparts, and (d) suffered small but repeated slights based on their gender.
  • Sexual harassment – Women in majority-male workplaces were more likely to say that they had personally been sexually harassed (28 percent). Harassment occurs even in female-dominated occupations, but both men and women said it was less of a problem in those work settings.

Fire station lawsuit is “Exhibit A” of boys’ club mentality

The Justice Department has filed a discrimination lawsuit against the City of Houston. The suit alleges years of egregious harassment against three female firefighters – the only female firefighters – who worked at Houston’s Station 54 firehouse. The lawsuit describes male firefighters behaving badly in a concerted campaign: Racial epithets. Death threats. Ostracizing. Juvenile pranks. Mocking a woman’s dead daughter. And literally marking their territory in the women’s dorm – urinating on toilet seats, urinating on the carpet and defecating in the women’s toilet after covering up the flushing sensor.

It’s definitely a guy thing

While the misconduct alleged at Station 54 is over the top, it fits a pattern. Gender discrimination, a hostile work environment and sexual harassment are often worst in traditionally male occupations: firefighting, dock work, auto repair, law enforcement, computer programming, engineering, construction and landscaping, to name a few. The higher the ratio of men, the more pervasive or brazen the misconduct is likely to be.

The Pew survey noted that women in male-dominated workplaces do not differ much from women in gender-balanced or majority-female workplaces. They have similar demographics as far as age, education, race and ethnicity. The variable is male attitudes toward their female co-workers and subordinates. Many men in majority-male fields view women not as equals but intruders. Management sets a poor example or downplays complaints.

In the #MeToo era, fewer women are willing to put up with the status quo.

This blog was originally published at Passman & Kaplan, P.C., Attorneys at Law on March 15, 2018. Reprinted with permission.

About the Authors: Founded in 1990 by Edward H. Passman and Joseph V. Kaplan, Passman & Kaplan, P.C., Attorneys at Law, is focused on protecting the rights of federal employees and promoting workplace fairness.  The attorneys of Passman & Kaplan (Edward H. Passman, Joseph V. Kaplan, Adria S. Zeldin, Andrew J. Perlmutter, Johnathan P. Lloyd and Erik D. Snyder) represent federal employees before the Equal Employment Opportunity Commission (EEOC), the Merit Systems Protection Board (MSPB), the Office of Special Counsel (OSC), the Office of Personnel Management (OPM) and other federal administrative agencies, and also represent employees in U.S. District and Appeals Courts.

What #MeToo Can Teach the Labor Movement

Friday, December 29th, 2017

My first #MeToo memory is from the kitchen of the Red Eagle Diner on Route 59 in Rockland County, N.Y. I was 16 years old, had moved out of my home, and was financially on my own. The senior waitresses in this classic Greek-owned diner schooled me fast. They explained that my best route to maximum cash was the weekend graveyard shift. “People are hungry and drunk after the bars close, and the tips are great,” one said.

That first waitressing job would be short-lived, because I didn’t heed a crucial warning. Watch out for Christos, a hot-headed cook and relative of the owner. The night I physically rebuffed his obnoxious and forceful groping, it took all the busboys holding him back as he waved a cleaver at me, red-faced and screaming in Greek that he was going to kill me. The other waitress held the door open as I fled to my car and sped off without even getting my last paycheck. I was trembling.

Although there were plenty of other incidents in between, the next time I found myself that shaken by a sexual assault threat, I was 33 and in a Manhattan cab with a high-up official in the national AFL-CIO. He had structural power over me, as well as my paycheck and the campaign I was running. He was nearly twice my age and size. After offering to give me a lift in the cab so I could avoid the pelting rain walking to the subway, he quickly slid all the way over to my side, pinned me to the door, grabbed me with both arms and began forcibly kissing me on the lips. After a determined push, and before getting the driver to stop and let me out, I told the AFL-CIO official that if he ever did it again I’d call his wife in a nanosecond.

These two examples underscore that behind today’s harassment headlines is a deeper crisis: pernicious sexism, misogyny and contempt for women. Whether in in our movement or not, serious sexual harassment isn’t really about sex. It’s about a disregard for women, and it shows itself numerous ways.

For the #MeToo moment to become a meaningful movement, it has to focus on actual gender equality. Lewd stories about this or that man’s behavior might make compelling reading, but they sidetrack the real crisis—and they are being easily manipulated to distract us from the solutions women desperately need. Until we effectively challenge the ideological underpinnings beneath social policies that hem women in at every turn in this country, we won’t get at the root cause of the harassment. This requires examining the total devaluation of “women’s work,” including raising and educating children, running a home and caring for the elderly and the sick.

It’s time to dust off the documents from the nearly 50-year-old Wages for Housework Campaign. The union movement must step in now and connect the dots to real solutions, such as income supports like universal high-quality childcare, free healthcare, free university and paid maternity and paternity leave. We need social policies that allow women to be meaningful participants in the labor force—more of a norm in Western Europe where unionization rates are high.

Sexist thought is holding our movement back

Sexist male leadership inside the labor movement is a barrier to getting at these very solutions This assertion is sure to generate a round of, “She shouldn’t write that, the bosses will use it against us.” Let’s clear that bullshit out of the way: We aren’t losing unionization elections, strikes and union density because of truth-telling about some men in leadership who should be forced to spend out their years cleaning toilets in a shelter for battered women. And besides, we all know the bosses are far, far worse—and have structural power over tens of millions of women in the United States and beyond.

Some of the sexual harassers who see women as their playthings are men on “our side” with decision-making roles in unions. This mindset rejects real organizing, instead embracing shallow mobilizing and advocacy. It rejects the possibility that a future labor movement led by women in the service economy can be as powerful as the one led by men in the last century who could shut down machines. Factories, where material goods are produced by blue collar men are fetishized. Yet, today’s factories—the schools, universities, nursing homes and hospitals where large numbers of workers regularly toil side by side—are disregarded, even though they are the key to most local economies. Educators and healthcare workers who build, develop and repair humans’ minds and bodies are considered white and pink collar. This workforce is deemed less valuable to the labor movement, because the labor it performs is considered women’s work.

While presenting on big healthcare campaign wins at conferences, I’ve had men who identify as leftists repeatedly drill me with skeptical questions such as, “We thought all nurses saw themselves as professionals; you’re saying they can have class solidarity?” I wonder if these leftists missed which workers got behind the Bernie Sanders campaign first and most aggressively. I’ve hardly ever met a nurse who didn’t believe healthcare is a right that everyone deserves, regardless of ability to pay.

When I began negotiating hospital-worker contracts, which often included the nurses, I routinely had men in the movement say things like, “It’s great you love working with nurses. They are such a pain in the ass at the bargaining table.” These derogatory comments came from men who can’t stand empowered women who actually might have an opinion, let alone good ideas, about what’s in the final contract settlement. Many hold a related but distinct assumption: that the so-called private sector is more manly—and therefore, important—than the so-called public sector, which is majority-women. This belief also contributes to the devaluation of feminized labor.

Capitalism is one economic system, period. The fiction of these seemingly distinct sectors is primarily a strategy to allow corporations to feed off the trough of tax-payer money and pretend they don’t. This master lie enables austerity, which is turning into a tsunami post-tax bill. And yet white, male, highly educated labor strategists routinely say that we need totally different strategies for the public and private sectors. Hogwash.

This deeply inculcated sexist thought—conscious or not—is holding back our movement and contributing to the absurd notion that unions are a thing of the past. These themes are discussed in my book No Shortcuts, Organizing for Power in the New Gilded Age (Oxford, 2016).

The union movement has increased the number of women and people of color in publicly visible leadership positions. But the labor movement’s research and strategy backrooms are still dominated by white men who propagate the idea that organizing once worked, yet not anymore. This assertion is presented as fact rather than what it is: a structuralist argument. The erosion of labor law, relocation of factories to regions with few or no unions, and automation are the common reasons put forth. The argument omits the devastating failure of business unionism, and its successor—the mobilizing approach, where decision-making is left in the hands of mostly white male strategists while telegenic women of color with “good stories” are trotted out as props by communications staffers.

If you think these men are smarter than the millions of women of color who dominate today’s workforce, then an organizing approach—which rests the agency for change in the hands of women—is definitely not your preferred choice. Mobilizing, or worse, advocacy, obscures the core question of agency: Whose is central to the strategy war room and future movement? As for loud liberal voices—union and nonunion—that declare unions as a thing of the past, the forthcoming SCOTUS ruling on NLRB v Murphy Oil will prove most of the nonunion “innovations” moot. Murphy Oil is a complicated legal case that boils down to removing what are called the Section 7 protections under the National Labor Relations Act, and preventing class action lawsuits.

Murphy Oil blows a hole through the legal safeguards that non-union workers have enjoyed for decades, eviscerating much of the tactical repertoire of so-called Alt Labor, such as class-action wage-theft cases, and workers participating in protests called by nonunion community groups in front of their workplaces. The timing is horrific and uncanny: As women are finally finding their voices about sexual harassment at work, mostly in nonunion workplaces (as the majority are), Murphy Oil will prevent class action sexual harassment lawsuits.

Unions can’t win without reckoning with sexism and racism

The central lesson the labor movement should take from the #MeToo movement is that now is the time to reverse the deeply held notion that women, especially women of color, can’t build a powerful labor movement. Corporate America and the rightwing are out to destroy unions, in part, so that they can decimate the few public services that do serve working-class families, including the Children’s Health Insurance Program (CHIP), Medicaid, Medicare, Social Security and public schools. Movements won these programs when unions were much stronger. It makes sense that unions, and the women’s movement, should throw down hardest to defend and grow these sectors, largely made up of women, mostly women of color, who are brilliant strategists and fighters.

The labor movement should also dispense of the belief that organizing and strikes can’t work. It’s self-defeating. Unions led by Chicago teachers and Philadelphia and Boston nurses, to name a few, prove this notion wrong. The growing economic sectors of education and healthcare are key. These workers have structural power and extraordinary social power. Each worker can bring along hundreds more in their communities.

Another key lesson for labor is to start taking smart risks, such as challenging the inept leadership in the Democratic Party by running its own pro-union rank-and-file sisters in primaries against the pro-corporate Democrats in safe Democratic seats, a target-rich environment. As obvious as it might sound, this strategy is heresy in the labor movement. Women who marched last January should demand that gender-focused political action committees, such as EMILY’s list, use support for unionization as a litmus test for whether politicians running for office will get their support. No more faux feminist Sheryl Sandberg types.

It’s time for unions to raise expectations for real gender equality, to channel the new battle cry to rid ourselves of today’s sexual harassers into a movement for the gender justice that women in Scandinavian countries and much of Western Europe enjoy. To think of winning what has become almost normal gains in many countries—year-long paid maternity and paternity leave, free childcare, healthcare and universities, six weeks’ annual paid vacation—is not pie-in-the-sky. To fight for it, people have to be able to imagine it.

The percentage of workers covered by union-negotiated collective agreements in much of Western Europe, the countries with benefits women in this country desperately need, is between 80 percent and 98 percent of all workers. This compares to a paltry 11.9 percent in the United States, as of 2013. This is far beyond a phased-in raise to $15 and hour—still basically poverty, and a wage that most women with structural power in strategic sectors already earn.

Women can’t win without building workplace power

There’s enough wealth in this country to allow the rich to be rich and still eradicate most barriers to a genuine women’s liberation, which starts with economic justice in the workplace. Upper-class mostly white women drowned out working-class women, many of color, in the 1960s and 1970s. The results of second-wave feminism are clear: Even though some women broke corporate and political glass ceilings and won a few favorable laws, individual rights will not truly empower women. Unions—warts and all—are central to a more equal society, because they bring structural power and collective solutions to problems that are fundamentally societal, not individual.

Women in the United States are stuck with bosses who abuse them, because to walk out could mean living in their cars or on the streets—or taking two fulltime jobs and never spending a minute with their kids. Similarly, women are stuck in abusive marriages, because the decision to stop the beating means living on the streets. European women from countries where union contracts cover the vast majority of workers don’t, to the same extent, face the decision of losing their husband’s healthcare plan, or not having money to pay for childcare or so many of the challenges faced by women here. This country is seriously broken, and to fix it we must build the kind of power that comes with high unionization rates, which translate into political—not just economic—power.

Naming and shaming is not sufficient. Women need to translate the passion of this moment into winning the solution that will help end workplace harassment. A good union radically changes workplace culture for the better. The entire concept of a human resources office changes when a union is present. For example, when entering the human resources office, women aren’t alone: They’ve got their union steward. Union contracts effectively allow women to challenge bosses without being fired. Good unions do change workplace culture on these and many issues. Why else would the men who control corporations, and now the federal and most state governments, spend lavishly on professional union busters and fight so damn hard to destroy unions?

It’s going to take a massive expansion of unions again—like what happened in the 1930s, the last time unions were declared dead—before we can translate #MeToo into a demand that raises all workers’ expectations that this country can be a far more equal society. If we commit to this goal, we can achieve it. This time, the people leading the unions will be the same people who saved the nation from Roy Moore, because women of color are already at the center of the future labor force.

I went from sexual harassment in male-heavy restaurant kitchens to sexual harassment as a rare woman allowed into the kitchen cabinet of many successful campaigns. Whether it is union leaders ignoring the experience and genius of workers in today’s strategic employment sectors of education and healthcare, politicians following the corporate line or individual bad bosses harassing their employees, all of it comes down to a disrespect and disregard for women, especially women of color. If we focus on the power analysis, the answer is staring us in the face. There is no time to waste. Everyone has to be all-in for rebuilding unions.

This article was originally published at In These Times on December 27, 2017. Reprinted with permission.
Jane McAlevey is an organizer, author and scholar. Her first book, Raising Expectations (and Raising Hell), published by Verso Press, was named the “most valuable book of 2012” by The Nation Magazine. Her second book, No Shortcuts: Organizing for Power in the New Gilded Age, published by Oxford University Press, was released late in 2016. She is a regular commentator on radio and TV. She continues to work as an organizer on union campaigns, lead contract negotiations, and train and develop organizers. She spent the past two years as a Post Doc at the Harvard Law School, and is presently writing her third book—Striking Back—about organizing, power and strategy, forthcoming from Verso.

The Blue-Collar Hellscape of the Startup Industry

Tuesday, December 5th, 2017

On November 13, Marcus Vaughn filed a class-action lawsuit against his former employer. Vaughn, who’d worked in the Fremont, California factory for electric automaker Tesla, alleged that the manufacturing plant had become a “hotbed for racist behavior.” Employees and supervisors, he asserted, had routinely lobbed racial epithets at him and his fellow Black colleagues. 

Vaughn said he complained in writing to the company’s human resources department and CEO Elon Musk, but Tesla neglected to investigate his claims. In true tech executive fashion, Musk deflected Vaughn’s misgivings, shifting the blame to the assailed worker. “In fairness, if someone is a jerk to you, but sincerely apologizes, it is important to be thick-skinned and accept that apology,” he wrote in a May email. In late October, according to Vaughn’s suit, he was fired for “not having a positive attitude.”

The news of rancorous working conditions for Tesla employees is merely the latest in a series. Vaughn’s case signals the broader social and physical perils of couching traditional factory models within the frenzied, breakneck tech-startup framework of high demand, long hours and antipathy toward regulation.

Tesla’s Fremont facility has bred a number of allegations of abuse, from discrimination to physical harm. Vaughn’s is at least the third discrimination suit filed this year by Black Tesla workers alleging racism. A former third-party contracted factory worker, Jorge Ferro, has taken legal action to combat alleged homophobic harassment. The cruelty wasn’t strictly verbal: Not long before, in an ostensibly unrelated but similarly alarming turn of events, reports surfaced that production-floor employees sustained such work-related maladies as loss of muscle strength, fainting and herniated discs.

In response to Ferro’s allegations, Tesla told In These Times that it “takes any and every form of discrimination or harassment extremely seriously.” But the company denied responsibility on the grounds that Ferro was contractor, not an employee.

Tesla’s factory conditions evoke those reported at another Silicon Valley darling: Blue Apron. In the fall of 2016, BuzzFeed detailed the consequences of the lax hiring practices and safety standards governing the food-delivery company’s Richmond, Calif. warehouse. Employees reported pain and numbness from the frigid indoor temperatures and injuries from warehouse equipment. Many filed police reports stating co-workers had punched, choked, bitten or groped them, amid threats of violence with knives, guns and bombs.

At the time of these complaints, both companies had fully ingratiated themselves to investors. Tesla’s reported worth is so astronomical even the most technocratic corporate mediaand Musk himselfquestion it. Blue Apron, which went public this year, snagged a $2 billion valuation in 2015. (Blue Apron has since seen a marked decline, a development that maybe have been spurred by BuzzFeed’s report.) As a result, both companies have habitually placed escalating pressure upon their employees to generate product, their executives eyeing the potential profits.

Predictably, these companies’ legal compliance appears to have fallen to the wayside in the name of expediency. Tesla and Blue Apron factory employees have found themselves working 12hour shifts, in some cases more than five days a week. Tesla employee Jose Moran wrote of “excessive mandatory overtime” and “a constant push to work faster to meet production goals.”

In 2015, Blue Apron appeared to violate a litany of OSHA regulations, ranging from wiring to chemical storage. It also hired local temporary workers via third-party staffing agencies—likely to circumvent the costs of such benefits as health insurance. As BuzzFeed noted, these staffing agencies independently screened candidates in lieu of internal background checks. Compounding the problem, the company expected temps to operate machinery they were unqualified to handle. (Blue Apron has since euphemized its OSHA violations and claimed to have axed these staffing agencies. The company has not responded to requests for comment.)

Aggravating an already fraught atmosphere, the companies appear to have used punitive tactics to coerce laborers into greater productivity. While some Tesla workers are placed in lower-paying “light duty” programs after reporting their injuries, others are chided for them. One production employee, Alan Ochoa, relayed to the Guardian a quote from his manager in response to his pain complaint: “We all hurt. You can’t man up?”

Equally culpable is e-commerce goliath Amazon. Bloomberg reported that the company mounts flat-screen televisions in its fulfillment centers to display anti-theft propaganda relating the stories of warehouse workers terminated for stealing on the job. (This offers a blue-collar complement to the 2016 New York Times exposé on its draconian treatment of office employees.) According to a former employee, managers upbraid workers who fail to pack 120 items per hour, heightening their quotas and, in some cases, requiring them to work an extra day. Those who don’t accept overtime shifts, meanwhile, lose vacation time.

Amazon told In These Times, “We support people who are not performing to the levels expected with dedicated coaching to help them improve.”

It’s no wonder, then, that Blue Apron and Amazon warehouses generate high turnover. In fact, this is likely by design. By creating working conditions that not only extract vast amounts of labor at low costs, but also drive workers away, tech companies can skirt the obligation to reward employees with raises and promotions. A companion to the profit-mongering schemes of Uber, Lyft and now Amazon (through its Amazon Flex delivery vertical) to classify workers as contractors, this form of labor arbitrage ensures that owners of capital avoid the risk of losing wealth to hourly workers—a class they deem thoroughly disposable.

Tesla has caused similar workforce tumult, firing employees for the foggy offense of underperformance. Of the hundreds of terminated employees from both its Palo Alto, Calif. headquarters and its Fremont facility, many were union sympathizers who’d been in talks with the United Auto Workers. The move has thus aroused suspicions that the company sought to purge dissidents—a reflection of the anti-union posture that has characterized Silicon Valley for decades.

If the near-ubiquity of factory and warehouse worker exploitation in the news cycle is any indication, tech capitalists—through their regulatory negligence and toothless “solutions”—have fostered a culture of barbarism. Low-wage laborers have little to no recourse: They’re either left to endure imminent social and physical harm, or, should they seek protections against the anguish they’ve borne, are stripped of their livelihood.

The blue-collar hellscape Tesla, Blue Apron and Amazon have wrought is what laissez-faire, startup-styled late capitalism looks like. At a time of such disregard for the fundamental health, safety and humanity of low-tier workers, the tech-executive class has proven nothing is sacred—except, of course, the urge to scale.

This article was originally published at In These Times on November 29, 2017. Reprinted with permission.

 About the Author: Julianne Tveten writes about the intersection of the technology industry and socioeconomic issues. Her work has appeared in Current Affairs, The Outline, Motherboard, and Hazlitt, among others.

Do Nondisclosure Agreements Perpetuate a Toxic Workplace Culture?

Thursday, November 2nd, 2017

In Hollywood, the cat is out of the bag. Scores of women (and men) are pouring out pent-up tales of sexual assaults and sexual harassment by famous producers, directors and actors. Every day brings new accusations against some movie icon. A group of women at Weinstein Co. has asked to be released from nondisclosure agreements so they can speak publicly to Harvey Weinstein’s alleged decades of predatory abuse and brazen quid pro quo demands.

The mere fact that an entire group of employees at one company is seeking to be unmuzzled is testament to a deep problem. Nor is it limited to the entertainment industry. NDAs and “hush money” settlements are common in every employment sector, including government agencies.

Sweeping it under the rug … until someone notices the lumps

There are two types of nondisclosure agreements at play in scenarios like the Weinstein saga:

First, there are standard NDAs in employment contracts which prevent employees from speaking up about what they’ve seen or experienced. These are a preemptive strike against disclosures that would reflect negatively on the company. When victims, witnesses and allies are effectively gagged, offenders are off the hook and a culture that tolerates sexual harassment is perpetuated.

Second, there are nondisclosure “agreements” thrust upon victims after the fact when they report harassment/assault or threaten legal action. In exchange for a payoff and/or a specifically worded NDA, they keep their jobs or walk away with a settlement and never speak of it again. The alternative is the threat of being blacklisted and smeared.
Again, this dynamic is not unique to Hollywood. Sexual harassment and coerced silence happens in every industry.

How nondisclosure agreements inhibit sexual harassment claims

A few mavericks have violated their NDAs with the Weinstein Co., knowing the company would face fierce public backlash if it tried to enforce the confidentiality agreements. But most people who are subject to NDAs do not have the upper hand. They can be terminated, sued and “outed” for breaching the agreement. The contract may specify monetary damages greater than the original settlement.

One-third of the 90,000 complaints to the Equal Employment Opportunities Commission in 2015 involved workplace harassment. About 45 percent of those cases were sexual harassment. A report by the EEOC revealed that taking formal action is the least common response for women or men who reported being sexually harassed at work.

Why would they not file a formal complaint or lawsuit? Some fear termination or other retaliation. Others fear they won’t be believed or that nothing will change. And some take no action because their hands are tied by employment agreements.

Many employment contracts and NDAs require that claims against the employer – including sexual harassment — be resolved through arbitration. Employers favor mandatory arbitration clauses because (a) there is no risk of a big jury award and (b) the proceedings are private. Whatever the outcome, it is kept quiet. For victims of sexual harassment who want their abuser exposed, arbitration is a dead end.

Nondisclosure agreements are not ironclad

The mere threat of enforcing an NDA is very effective. Some victims do not want the public exposure, expense and stress. Settling and staying mum was their way of making the best of an awful ordeal and moving on.

However, NDAs are not as bulletproof as most employees think. No employment agreement can supercede state or federal laws. A victim of a crime cannot be prevented from talking to police or testifying in court. An employer cannot prevent an employee from reporting sexual harassment to the EEOC. A settlement agreement and NDA only prevents the employee from suing the company and speaking publicly about the incident. And if the agreement was overreaching or coerced, it may not be enforceable.

If you are subject to a nondisclosure agreement, you also cannot be barred from talking to a lawyer. An employment law attorney can explain your rights, your legal options, and any possible consequences of breaching the NDA.

This blog was originally published at Passman & Kaplan, P.C., Attorneys at Law on November 3, 2017. Reprinted with permission. 

About the Author: Founded in 1990 by Edward H. Passman and Joseph V. Kaplan, Passman & Kaplan, P.C., Attorneys at Law, is focused on protecting the rights of federal employees and promoting workplace fairness.  The attorneys of Passman & Kaplan (Edward H. Passman, Joseph V. Kaplan, Adria S. Zeldin, Andrew J. Perlmutter, Johnathan P. Lloyd and Erik D. Snyder) represent federal employees before the Equal Employment Opportunity Commission (EEOC), the Merit Systems Protection Board (MSPB), the Office of Special Counsel (OSC), the Office of Personnel Management (OPM) and other federal administrative agencies, and also represent employees in U.S. District and Appeals Courts.

What Do Roger Ailes & Charlie Sheen Have in Common? Both Wanted to Hide Alleged Abuse of Women

Friday, July 15th, 2016

paulblandLast week, longtime Fox News anchor and host Gretchen Carlson filed a lawsuit against Roger Ailes, the chairman of Fox News, alleging that he sexually harassed her in the workplace. Within a day, Ailes and his lawyers asked a court to force the case into arbitration, under a special gag order that would block anyone from publicly disclosing any of the evidence in the case or the outcome of the arbitration.

The lawsuit alleges that Ailes sabotaged Carlson’s career after she “refused his sexual advances and complained about severe and pervasive sexual harassment.” Her complaint, which can be found here, alleges that her time at Fox News was riddled with Ailes’s inappropriate references to his own sexual history and marital issues and juxtaposed with a vocal interest in Carlson as a sexual partner. Ms. Carlson further alleges that Ailes used his power against her when she denied his advances, taking several steps that culminated in her being dismissed.

According to Fox News and Ailes, none of this is true. But instead of welcoming the chance to vindicate themselves in court, they want to move the case to a secret arbitrator.

Just Like Charlie?  Just after the news came out that Charlie Sheen was HIV positive, and he publicly admitted having unprotected sex with at least a couple of partners after his diagnosis, another revelation was widely reported: he’d been requiring visitors to his home to sign arbitration clauses with confidentiality provisions. And Sheen admitted on TV that he had paid “millions” to settle claims relating to his HIV status. These revelations created a very serious possibility:  that the secrecy of his arbitration clause made it possible for him to engage in risky behavior, then pay off injured women in secret proceedings, and then repeat the whole thing. When you look at the contracts guests to his home were required to sign it’s sort of bizarre, but the upshot of the arbitration ploy was pretty much the same as it is in the Roger Ailes case: it’s a way for a powerful man to impose a shroud of secrecy over allegations of serious mistreatment of women.

And these are not the only two cases involving this kind of allegation. Today’s New York Times reports how Ailes’ effort to force Ms. Carlson into arbitration is reminiscent of the actions of the infamous former head of American Apparel, Dov Charney, who was able to force a number of cases involving allegations of sexual harassment into secret arbitration.

Secrecy as the Driving Force. From the perspective of an employee, there’s a lot not to like about being forced to sign an arbitration clause as a condition of keeping your job, or applying for a job. For one thing, as the Washington Post reported, a substantial scholarly study of many thousands of arbitration cases (and a comparable pool of court cases) discovered that workers are less likely to win cases in arbitration than they would be in court, and that when workers do recover some kind of award in arbitration, that their recoveries tend to be pretty dramatically lower than they would have been in court.

But in the Ailes case, there’s something else afoot as well. While arbitration is always far more shadowy than the public court system (it’s generally incredibly hard for a journalist or member of the public to get copies of pleadings or evidence put before an arbitrator, for example, unless one of the parties to the case send the materials to them; arbitrators often don’t issue public opinions; etc.), the Fox News arbitration clause has a specific and broadly written gag order that goes far beyond the typical arbitration clause. And in Ailes’ pleadings in a New Jersey federal court, trying to force the case into arbitration, he and his lawyers specifically complain that Ms. Carlson’s allegations have become a matter of widespread public discussion. The conclusion of Mr. Ailes’ brief stresses that arbitration is necessary to make sure that the case cannot “sully his reputation in public,” apparently without respect to whether the actual facts would justify harm to his reputation. The point is not a search for the truth and exoneration; it’s to shut Ms. Carlson up.

Hypocrisy About Transparency:  As a news organization, Fox has repeatedly called for transparency with respect to all sorts of allegations against important public figures.  For example, Fox is very jacked up to try to break up an alleged “cover up” with respect to Secretary Clinton’s emails. And Fox was extremely interested in trying to make sure that every fact came out about allegations of problems at the World Bank.

But when it comes to allegations that relate to their own chairman, they seem to be awfully keen on making sure that the evidence of the case – in moving it to arbitration – be kept secret from the public.  If the case proceeded in the public court system, by contrast, then the actual truth – whether it’s good for Ailes and Fox or not – would come out.

So What Happens Now? It turns out, as the New York Times explained in some detail, that there’s a good chance that Ailes’ strategy won’t work.  Ms. Carlson has a number of good arguments against the enforcement of the arbitration clause, perhaps most notably that Mr. Ailes is not a party to the arbitration clause or named in it.

But if Ailes does succeed, then not only is Ms. Carlson less likely to win her case, but the American public and women in the workplace will be the losers. Because once again, a powerful man accused of mistreating women in the workplace will have been able to sweep all of the facts about the dispute under the big rug of forced arbitration. It’s easy to see why every significant civil rights organization or group that advocates for workers strongly opposes the use of forced arbitration in the work place, and they all keep urging the Congress to ban these clauses.

This piece was co-written with Kenda Tucker, Communications Intern at Public Justice.

This blog originally appeared on dailykos.com on July 14, 2016. Reprinted with permission.

Paul Bland, Jr., Executive Director, has been a senior attorney at Public Justice since 1997. As Executive Director, Paul manages and leads a staff of nearly 30 attorneys and other staff, guiding the organization’s litigation docket and other advocacy. Follow him on Twitter: .

Your Rights Job Survival The Issues Features Resources About This Blog