Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘sexual harassment’

New study confirms widespread reports of science’s sexual harassment problem

Tuesday, July 11th, 2017

In January 2016, Rep. Jackie Speier (D-CA) took to the House floor and delivered a blistering speech on a topic not often discussed outside the towers of academia: sexual harassment in the sciences.

“When I was made aware of it, I was astonished and disgusted,” Speier told Wired about the case she presented on the floor, based on a leaked report on harassment at the University of Arizona. But she wasn’t surprised: “It was consistent with what I have seen in science for a long time.”

As Speier notes, the idea that science has a sexual harassment problem is hardly new?—?particularly for female scientists, who’ve been dealing with and fighting against it for decades. But until recently, it didn’t get a lot of attention. Speier’s speech helped open up a dam, as female scientists came forward in droves to share their experiences with sexist discrimination and harassment.

And this week, new survey data confirms what the anecdotes told us: Women, and particularly women of color, working within the astronomical and planetary sciences are vastly more likely than their male colleagues to experience a hostile work environment based on their race or gender.

A series of scandals

Speier her speech began by referencing two high-profile cases that had shaken the world of astronomy and first brought the issue into the spotlight, the first of which centered on world-famous astronomer, tenured professor, and, as it turns out, serial sexual harasser Geoff Marcy.

Marcy had repeatedly violated the school’s sexual harassment policy and engaged in inappropriate behavior with female students, including unwanted massages, kisses, and groping, as a Title IX investigation leaked to Buzzfeed revealed. According to subsequent reports, his behavior dated back to previous academic posts and had gone on for decades with little consequence, despite numerous reports from women.

Despite the extensive documentation and report, Berkeley did not hand down punishment for Marcy. He resigned from his tenured position down after pressure from his colleagues.

Then, a similar story broke at Caltech, where newly-tenured astrophysics professor Christian Ott was suspended for inappropriate behavior toward two female graduate students?—?one of whom he fired after he fell in love with her, upending her research plans and ultimately causing her to leave the university to finish her studies elsewhere.

And on the floor, Speier outed yet another instance of harassment within astronomy: Timothy Frederick Slater, a professor at the University of Wyoming who obtained the post despite a documented history of sexual harassment at his previous job at the University of Arizona.

As the topic moved out of the shadows and into the mainstream, women from all across the sciences came forward with their own stories of gender-based discrimination and harassment.

Reformers, however, still faced a classic problem when it comes to sexual harassment: disbelief. Were these anecdotes just isolated incidents, or particularly high-profile examples of a widespread epidemic?

Now, new survey data published in the Journal of Geophysical Research is helping confirm that it’s the latter?—?and illustrate that when it comes to harassment and hostile workplace behavior, women of color, as a double minority, are the people at the greatest risk.

A culture of sexism

Researchers surveyed 474 astronomers and planetary scientists in an internet survey, asking about their experience with harassment over a period of five years. As they were particularly interested in the experience of women?—?who experience the majority of sexual harassment and gender discrimination in the workplace, and who also form a minority group within the scientific field at issue?—?they specifically targeted recruitment so they would be oversampling women relative to their numbers in the field.

They found that overall, women were more likely than men to experience a hostile work environment, and were far more likely to experience sexism and harassment.

“The results were initially worse than expected, as somebody who’s been working in and around these issues for some time,” study co-author Christina Richey told Inside Higher Ed. “It’s a little disheartening, but at least as we present this information it’s an opportunity for that gut-check moment. It forces conversations to start.”

Seventy-nine percent of women surveyed reported hearing at least some sexist remarks from their peers, and 44 percent reported hearing them from their supervisors. Women were also more likely than men to hear remarks about their physical ability or disability. Seventy-five percent of women reported hearing remarks from others about their mental abilities, as compared to 48 percent of men.

And in nearly every significant area, the researchers found that “women of color experienced the most hostile environment, from the negative remarks observed to their direct experiences of verbal and physical harassment.”

Forty percent of women of color reported feeling unsafe at work because of their gender, and 28 percent reported feeling unsafe because of their race. They also observed the highest frequency of problematic remarks, as compared to white men and men of color and white women, and were the most likely to report harassment based on their race.

White women and women of color experienced verbal harassment related to their gender about equally?—?with 43 percent and 44 percent reporting it, respectively.

Overall, the study paints a picture of endemic hostile experiences predicated by race, gender, and their intersections.

And this culture has an effect: Thirteen percent of women reported skipping at least one class, meeting, fieldwork, or professional event due to feeling unsafe, as compared to 3 percent of men. Twenty-one percent of women of color reported skipping professional events due to feeling unsafe, as did 18 percent of men of color. Only 2 percent of white men reported skipping at least one event due to feeling unsafe.

This result underlines a common theme with workplace sexual harassment: Often, when men in power harass their employees, it’s the women on the receiving end whose careers pay the price.

A discriminatory environment creates a leaky pipeline

This study specifically focused on astronomy and the planetary sciences?—?one area within the sciences where women are particularly scarce, and where some of the highest-profile scandals have occurred.

Reports indicate, however, that the problem stems across disciplines and even across academia. According to a 2015 report, one in three female science professors reported experiencing sexual harassment at some point in their career.

One likely reason sexual harassment in the sciences is prevalent is because of gender imbalances in the field: While women now outnumber men in social and some biosciences, they remain drastically underrepresented in engineering, physics, and computer science.

Academia is also a world where length of career matters. For decades, women weren’t even accepted to technical or scientific degrees. Now, that legacy still lingers in the ranks of those who lead University departments or who built powerful research legacies?—?and therefore are in charge of the course of young careers. That means that more often than not, even as more women are being encouraged to choose STEM careers, those in charge of mentorship, funding, and career opportunities are men.

All of this has a perpetuating effect: Women remain stubbornly underrepresented in the sciences, and part of that is because the pipeline is leaky.

In engineering, for example, women earn only 19 percent of bachelor’s degrees, and then on top of that 40 percent of female degree earners leave the field, citing hostile work cultures, limited advancement opportunities, and unsupportive supervisors.

That’s a problem not just for women, but also for science in general, because it means that fields are missing out on bright minds.

The authors of the study offer several suggestions for remedying the environment for women and women of color in science?—?including adopting codes of conduct protecting vulnerable populations, providing diversity and cultural awareness training, and helping women and women of color to build communities of peers.

They also recommend that when abuse is reported, that the perpetrators be sanctioned swiftly, justly, and consistently, “as this is the only way to signal consequences to the target and the broader community.”

This article was originally published at ThinkProgress on July 11, 2017. Reprinted with permission.

About the Author: Laurel Raymond is a reporter for ThinkProgress. Previously, she worked for Sen. Patrick Leahy (D-VT) and served as a Fulbright scholar at Gaziantep University in southeast Turkey. She holds a B.A. in English and a B.S. in brain and cognitive sciences from the University of Rochester, and is originally from Richmond, Vermont.

Trump reversal of Obama-era labor rule is great news for corporations

Friday, June 23rd, 2017

A transgender woman is suing McDonald’s and the owner of the franchised restaurant she worked for after allegedly experiencing sexual harassment and discrimination.

La’Ray Reed said a coworker asked if she were a “boy or girl,” “top or bottom,” or what her “role” was “in the bedroom.” She said she was groped and spied on while using the public toilet.

But for Reed to hold McDonald’s responsible for her alleged mistreatment, her lawyers have to prove that McDonald’s should be held responsible as a joint employer—not just the owners of the franchised restaurant. There is a question of whether the Labor Department’s recent decision to rescind the standard for determining who is a joint employer will hinder her ability to seek justice. The Obama administration’s standard went beyond simply looking at who sets wages and hires people, and considered a worker’s “economic dependency” on the business.

McDonald’s has resisted this legal responsibility for many years, and says it does not have control over things like pay and working conditions at franchised restaurants. In 2016, McDonald’s settled a wage-theft class action through a $3.75 million payment that allowed it to dodge responsibility. McDonald’s released a statement that said it “reconfirms that it is not the employer of or responsible for employees of its independent franchisees.”

Industry groups have been pushing against efforts to call businesses like McDonald’s joint employers for many years now. In 2015, Matt Haller, a lobbyist at the International Franchise Association called a 2015 National Labor Relations Board ruling on whether a recycling company could be called a joint employer, “a knife-to-the throat issue for the franchise model.” He told the Washington Post, “You’d be hard pressed to find a business that shouldn’t be concerned about the impact of this joint employer standard.” Haller said IFA was “pleased” at the department’s decision to rescind guidance this month.

But there is certainly hope for La’Ray Reed, and other workers like her who are experiencing discrimination or issues such as wage theft at work. Since the joint employer guidance does not have the full force of law, it is not as important to these cases as existing tests for determining if an employer relationship exists. Under the economic realities test, applied under Title VII of the Civil Rights Act of 1964 and the Fair Labor Standards Act, among other laws, a relationship exists if someone is economically dependent on that business. Paul Secunda, professor of law at Marquette University, who teaches on employment discrimination law, said this test will play a much bigger role in determining whether an employee can hold McDonald’s responsible for discrimination.

“Just the Trump administration withdrawing this guidance does not mean in any way that these claims are doomed to failure or are otherwise are not plausible,” Secunda said. “Because what matters the most with employment law is focusing on employment discrimination under Title VII and what other state laws apply there.”

‘This control standard is the standard that has been in place since the 1950s and ‘60s, and so it doesn’t make sense to have different standards under different laws. It only makes sense to hold liable those who control what happens in the workplace,” Secunda added.

Representatives of Fight for $15, a group of fast food workers, teachers, and adjunct professors advocating for better pay backed by the Service Employees International Union, said McDonald’s has failed to enforce its own policies.

“The growing number of allegations suggests a failure by McDonald’s to enforce the zero-tolerance policy against sexual harassment outlined in its Operations and Training and Policies for Franchisees manuals,” the labor group told BuzzFeed.

“There are terms and conditions that are set by the national parent McDonald’s,” Secunda said. “It has a policy on sexual harassment and equal opportunity that all its franchisees have to meet: that it will not tolerate sexual harassment whether based on transgender status or otherwise in the workplace. [The argument is] that McDonald’s parent company exercises meaningful control—that is being free from sexual harassment and demeaning conduct in the workplace.”

None of this means that any parent corporation is responsible for any franchisees’ lability, Secunda said, since every case must be decided on its facts, but where employers do exercise meaningful control over employees, there should be a possibility that they will be held responsible.

The decision to rescind this joint-employer guidance will by no means kill any possibility of holding a corporation, such as McDonald’s, responsible, and a judge would be more likely to consider the rule of law first, Secunda said, but the joint employer guidance would still be a helpful resource for the defendant to have in its arsenal.

“If I were a conservative jurist who wanted it to come out on the corporate conservative side of the world, I see that they could use this. ‘You know they’re the expert agency, so they can’t be wrong,’” Secunda said. “But I just think that would be disingenuous, because the agency has obviously changed its position based on the politics on the administration. And this should be an answer that has nothing to do with politics. It should be based on rule of law.”

This blog was originally published at ThinkProgress on June 22, 2017. Reprinted with permission. 

About the Author: Casey Quinlan is a journalist covering education, investments, politics, crime, and LGBT issues.

Fox News faces new legal trouble for sexual harassment

Tuesday, June 20th, 2017

The New York State Division of Human Rights (SDHR) is investigating Fox News for claims of sexual harassment and retaliation, according to attorney Lisa Bloom.

Bloom told ThinkProgress over the phone that a human rights specialist at the agency confirmed the investigation to her on Friday.

According to Bloom, the agency has spoken to one of her clients, Dr. Wendy Walsh, twice, and another of her clients, Caroline Heldman, once in the course of the investigation. The agency also wants to interview a third woman.

Bloom’s law firm filed a request for investigation with the SDHR on April 11th. Bloom told ThinkProgress she asked for the investigation because Fox has “the worst corporate culture I’ve heard of in 30 years as a civil rights attorney.”

“Over the past thirteen years, dozens of women have reported egregious sexual harassment and retaliation at Fox News, with new claims constantly coming to light,” the complaint says. “The company frequently pays women to remain silent and leave the company while the perpetrators and enablers keep their jobs. Others are scared into silence by the company’s well-documented intimidation tactics, including using its giant media platform to smear their reputations. Nearly all of the victims were not only driven out of Fox News, but the television industry entirely.”

The complaint says that since many of the victims signed confidentiality agreements or are barred by time-limits from bringing their complaints to the legal system, they cannot raise the issue with the SDHR themselves.

The SDHR did not immediately respond to ThinkProgress’ request for confirmation.

Bloom told ThinkProgress that a typical remedy for this sort of case would see the state entering into a consent decree with the employer. The employer would likely have to improve their grievance procedures and demonstrate compliance on a regular basis, anywhere from monthly to yearly.

According to Bloom, the process is “pretty intrusive” for the employer, and typically unwelcome.

This report signals a new wave in the network’s ongoing legal troubles, linked to what reports and allegations indicate is a pervasive culture of sexual discrimination.

Last year, former Fox News anchor Gretchen Carlson filed suit against the network’s then-CEO Roger Ailes, alleging sexual harassment and gender discrimination. The network eventually settled with Carlson for $20 million, but her suit opened the floodgates of women coming forward with their own allegations. The scandal led to Ailes’ resignation.

Then this year, the New York Times reported that the network had paid over $13 million over the years to quiet allegations of harassment by Fox News Host Bill O’Reilly. The report led to a spate of women going public with their stories, and ultimately to O’Reilly’s ousting from the network after advertisers abandoned his nightly talk show.

Taken in sum, however, the women’s stories indicate that the problem went beyond the alleged predilections of two of the network’s most powerful men. The allegations and reports paint a picture of systemic sexual harassment and a culture of gender discrimination within the network.

“It’s not about Roger Ailes. It’s about a culture,” Gabriel Sherman, who wrote the book on Roger Ailes and his role in the network, told NPR in July 2016. “And it was a culture where this type of behavior was encouraged and protected. The allegations are that women routinely had to sleep with or be propositioned by their manager in many cases, Roger Ailes, but I’ve reported on another manager who did this in exchange for promotions.”

Fox News has also retained the law firm Paul Weiss to conduct internal investigations of the harassment claims against Roger Ailes and Bill O’Reilly.

This piece has been updated with comments from Lisa Bloom. Judd Legum contributed reporting.

This article was originally published at ThinkProgress on June 19, 2017. Reprinted with permission. 

About the Author: Laurel Raymond is a general reporter for ThinkProgress. Previously, she was the ThinkProgress Editorial Assistant. Prior to joining ThinkProgress she worked for Sen. Patrick Leahy (D-VT) and was a Fulbright scholar, based in southeast Turkey. She holds a B.S. in brain and cognitive sciences and a B.A. in English from the University of Rochester, where she worked and researched in the university writing center and was a member of the Michael K. Tanenhaus psycholinguistics lab. Laurel is originally from Richmond, Vermont.

Uber has started firing employees following harassment probe

Wednesday, June 7th, 2017

Heads are starting to roll at Uber following thecompany’s internal investigation into hundreds of claims regarding sexual harassment, discrimination, retaliation, and other workplace transgressions. The ride-sharing company has fired at least 20 people, Bloomberg reported on Tuesday.

Perkins Coie LLP, the legal firm hired to conduct the investigation, handed out recommendations to Uber executives regarding the 215 human resource claims submitted for review.

No action was taken on 100 of those claims, while 57 are still being investigated. In addition to the firings, 31 Uber employees are in counseling or training, and seven have gotten written warnings.

The dismissals follow revelations from former engineer Susan Fowler, who published a story in February detailing her experiences with unchecked harassment at the company. CEO Travis Kalanick then fired engineering VP Amit Singhal for his history of sexual harassment allegations. Following Fowler’s blog post, Kalanick pushed forward with an investigation and vowed to root out injustice.

“It is my number one priority that we come through this a better organization, where we live our values and fight for and support those who experience injustice,” he said in a memo to employees in February.

The company has since suffered several public relations disasters, including a messy lawsuit with Google over their rivaling self-driving car programs, video of Kalanick berating an Uber driver, his former girlfriend seemingly confirming the company’s sexist culture, losing its communications and policy head, the suicide of one its black engineers after just months on the job, and activating (and then removing) surge pricing following the London attacks in June. Uber also kicked off the year with driver protests and the loss of more than 200,000 customers in response to the company’s initial tepid stance on the Trump administration’s travel ban targeting predominantly Muslim countries.

More recently though, Uber has made some dynamic hires that could help the company’s persistent diversity problem. In January, Uber hired Bernard Coleman as the company’s global diversity and inclusion head.

Coleman, who oversaw the company’s release of its first diversity report in March, said the report was “the first step of many” to help improve workplace culture. “I’m kind of excited to see some progress,” he said at TechCrunch’s diversity and inclusion event in San Francisco Tuesday. “I want to make Uber a better and better place to work.”

As of this week, Uber also hired Harvard Business School’s Frances Frei will join the company as its first senior vice president of leadership and strategy, Recode reported. The academic and prominent business management expert will occupy a broad role that covers training managers, executives, recruiting, and overall coordination with Uber’s human resources department leads. Uber has also reportedly hired Bozoma Saint John, Apple Music’s head of global marketing.

This article was originally published at ThinkProgress on June 6, 2017. Reprinted with permission. 

About the Author: Lauren Williams is the tech reporter for ThinkProgress. She writes about the intersection of technology, culture, civil liberties, and policy. In her past lives, Lauren wrote about health care, crime, and dabbled in politics. She is a native Washingtonian with a master’s in journalism from the University of Maryland and a bachelor’s of science in dietetics from the University of Delaware.

Lyft releases its first-ever diversity report

Friday, June 2nd, 2017

Lyft has produced its first-ever diversity report, months after its chief competitor Uber released its own data about the make-up of its staff.

While its numbers ring similar to other tech companies—which are predominantly white and male?—?Lyft does have more female employees than Uber. Overall, 42 percent of Lyft’s employees identify as women, compared to Uber’s 36 percent.

Lyft, however, is more white than Uber with 63 percent white employees opposed to Uber’s 49 percent. Uber bested Lyft by having a better representation of Asian, black, and Latinx employees overall, with 30 percent, 8 percent, and 5 percent respectively?—?compared to 19 percent, 6 percent, and 7 percent for Lyft.

All of those numbers shrink considerably for tech and leadership roles. At Lyft, only 18 percent and 13 percent of its tech staff and leadership respectively are women. There are no black people in tech leadership roles while Latinx leaders make up just 4 percent. Thirty-four percent of tech leaders at Lyft are Asian while the remainder, 59 percent, are white.

In a blog post releasing the inaugural report, Lyft said releasing diversity data will help keep the company accountable.

[W]e have a lot of work to do. Releasing our data will hold us accountable, but it’s the actions we take that will make a difference to the people who come to work every day at Lyft. Our diversity data exposes gaps in important areas. So we’re doing something about it.

The diversity report comes on the heels of Uber’s, which released its numbers following a massive sexual harassment scandal earlier this year. Lyft hasn’t had such a scandal but its numbers, which can be improved all around, suggest that it’s doing much better on gender representation than race and ethnicity.

Tech companies in general, however, have struggled to improve their diversity numbers in spite of releasing transparency reports. For example, Apple has previously called improving diversity “unduly burdensome” and recently shot down a proposal to diversify its all-white board led by CEO Tim Cook. Even Google, which started the diversity report trend in 2014, hasn’t been able to solve its race and gender diversity?—?and retention?—?problems.

Along with the its diversity report, Lyft mentioned its hiring of Tariq Meyers, formerly the company’s community organizer, in 2016 to lead its diversity and inclusion efforts as well as its partnership with the diversity strategy firm Paradigm.

“We’re investing in more programs and taking stronger actions,” the company wrote. “Being a culture of inclusion requires continuous, purposeful work. And it’s work that we must do. Because Lyft is for everyone: no matter who are you, where you come from, or which seat you’re sitting in.”

This article was originally published at ThinkProgress on June 1, 2017. Reprinted with permission.

About the Author: Lauren Williams is a tech reporter at ThinkProgress.

Trump’s Immigration Gag Order

Friday, May 5th, 2017

Like many employment lawyers in California, I’ve represented a number of undocumented immigrant workers in lawsuits against their employers. Some of my undocumented clients had been sexually harassed, some discriminated against because of their ethnicity, and some had been denied minimum wages for performing menial work.

Of course, these clients and millions of others are working here in violation of our immigration laws. But once they enter the workplace, they are entitled to all of the legal protections guaranteed their American coworkers. The 14th Amendment protects everyone in the United States, regardless of how or why they are here. So any law whose purpose or effect is to deny workers access to the full protection of our employment laws violates the Constitution.

Although I worry about the slow pace of our journey toward workplace equality, I have more immediate concerns these days. The Trump administration’s anti-immigrant rhetoric and immigration executive order are creating barriers to the justice system for entire communities. If you believe there is a reasonable chance that you or a family member will be deported if you file a civil complaint, or even if you call the police to report a crime, you will be less inclined to complain.

Silencing Crime Victims

Look at what is happening in the criminal justice arena. We are barely 100 days into the Trump administration and already we are measuring its detrimental impact on crime reporting. According to the Los Angeles Police, Latino immigrants in L.A. have suddenly become less willing to report serious crimes. Chief Beck reported that complaints by immigrant Latinos dropped 25 percent in 2017 when compared to the same period last year. Reports of domestic violence fell 10 percent. Beck asked us to “imagine a young woman, imagine your daughter, your sister, your mother,” he said, “not reporting a sexual assault, because they are afraid that their family will be torn apart.” While undocumented families have always lived with the fear of deportation, the current political climate is amplifying those fears.

Reports are coming in from around the country showing a strong correlation between the Trump administration’s immigration policies and a drop in crime reporting in immigrant communities. We know reports of rape and domestic violence against women are chronically underreported for many reasons, including the very real fear that the criminal justice system will fail the victim. Now, under the Trump administration, the very act of reporting any crime to law enforcement has become unbearably more dangerous for millions of immigrant families in America.

Just last month California’s Chief Justice said, “When we hear of immigration arrests and the fear of immigration arrests in our state courthouses, I am concerned that that kind of information trickles down into the community, the schools, the churches. The families and people will no longer come to court to protect themselves or cooperate or bear witness,” she said. “I am afraid that will be the end of justice and communities will be less safe and victimization will continue.” As an employment attorney in California, I share these concerns.

Immigration policies that discourage individuals from reporting crime is bad for America. They cannot be justified on the grounds they are part of broader campaign to find and deport “bad hombres.” More crime victims, including legal residents and American citizens, will remain silent and unprotected, and more perpetrators of crime will go unpunished, because of these policies. Whether Trump’s promised border wall is ever built, his anti-immigrant rhetoric and ICE directives have already constructed formidable barriers within America.

Silencing Employees

When those same immigration policies discourage individuals from reporting violations of employment laws, our workplaces become more dangerous too. Imagine the conversations immigrant families across America will be having about their workplace rights in the coming years. Workers will be forced to decide whether the risks of deportation of themselves or a family member makes it worth challenging wage theft, discrimination, harassment or workplace safety violations. If an undocumented worker complains about the absence of a safety guard on a factory machine or the lack of personal safety devices by filing an OSHA claim or civil lawsuit, she might be arrested and torn away from her American-born children. So, she doesn’t complain, and the workplace protections we have fought for are placed in jeopardy for all.

In the past I have assured undocumented workers that prosecuting employment claims in court likely will not subject them to heightened ICE scrutiny. I continue to believe this to be true today. Although lawsuits are open to the public, they are in practice private affairs that concern only the litigants. Employees are almost never required to step foot near the actual courthouse where their cases are pending. Most cases settle out of court and are subject to confidentiality. The immigration status of the employee is deemed by law to be entirely irrelevant and non-discoverable in almost every employment case.

Trump’s deportation directives will not change the way employment lawsuits are resolved, whether they involve citizens, legal residents or undocumented immigrants. But his threats of deportation, coupled with stories of immigrant arrests in halls of justice across America, will make it far less likely that an undocumented immigrant will complain to anyone about working conditions.

Fewer immigrant workers will file employment-related claims during the Trump years, and not just those who are undocumented. In sanctuary cities like San Francisco where I practice law, the impact is not likely to be as great as elsewhere. In communities that support the Trump immigration agenda and accept his immigrant narrative, however, the fear of deportation is likely to keep a lot more workers quiet. And we know from long experience that any governmental policy designed to silence complaints about working conditions is not in our national interest.

About the Author: Patrick Kitchin is a labor rights attorney with offices in San Francisco and Alameda, California. He has represented thousands of employees in both individual and class action cases involving violations of California and federal labor laws since founding his firm in 1999. According to retail experts and the media, his wage and hour class actions against Polo Ralph Lauren, Gap, Banana Republic, and Chico’s led to substantial changes in the retail industry’s labor practices in California. Patrick is a 1992 graduate of The University of Michigan Law School and is personally and professionally committed to the protection of workers’ rights everywhere.

21 Female Senators to Help Decide Fate of Bill That Would Kill Harassment, Discrimination Suits

Monday, March 20th, 2017

Asking female applicants whether they were married and planned to have children in a job interview. Telling female employees how to dress (and show more skin). Overtly and concretely penalizing female employees for taking maternity leave. Promoting low-performing men over the highest-performing women. Asking women employees to have sex with their boss to advance their careers. Penalizing female employees for not taking part in alcohol-fueled corporate partying when they were pregnant or breastfeeding. Bragging about how many female subordinates a male executive had had sex with.

This sounds like the bad old days but, unfortunately, it isn’t. Just a few years ago, current and former female sales representatives at a medical cosmetics company, Medicis Pharmaceutical (now owned by Valeant Pharmaceuticals), banded together to bring a class action against their employer for regularly doing all of these things, and more, including unequal pay and retaliation for reporting discrimination and harassment. Each of the approximately one hundred women in the class who filed claims received an average of $44,000 in back pay and damages, and the attorney’s fees were not taken out of that compensation. That’s not small change.

But there’s more. In theory, an individual woman could have brought the case and gotten back pay and damages. What an individual woman could almost certainly not have done was force Medicis to change its practices – Medicis could have paid her money and washed its hands. Here, though, the class was able to use its leverage to get Medicis to agree to, among other things, create anti-discrimination policies and training; establish systems for investigating reports of discrimination and harassment; be transparent about how it set and measured sales goals; eliminate penalties for taking parental leave; and establish policies about alcohol at corporate events and intra-office romantic and sexual relationships. In other words, it took a class action to ensure that Medicis follows the law not just with regard to the women who sued, but with regard to all the women who come after.

In the minefield of workplace discrimination and harassment, there’s another advantage to class actions, too. One woman bringing these types of claims may (unfortunately and wrongly) be easily dismissed as too sensitive, as not qualified for the promotion she sought, or as subject to one-off comments from a single troublesome executive. She may also be retaliated against for speaking out – as many of the women in this suit were. But where woman after woman after woman tells the same story, she cannot be so easily dismissed.

And yet Congress is on the verge of wiping away the ability for women to band together and challenge such discrimination and harassment in the workplace. Last week, the House GOP narrowly approved the so-called “Fairness in Class Action Litigation Act.” The bill would drastically roll back the ability to bring class action lawsuits like the one against Medicis. Fourteen Republicans opposed the bill, along with every single Democrat in the House, but that wasn’t enough to defeat it. After being pushed through the House Judiciary Committee – without a hearing, and with a nighttime vote – the bill now makes its way to the Senate, where a record 21 female Senators will be among those deciding its ultimate fate. While the Senate has not yet scheduled any action on the issue, civil rights groups and their allies are mobilizing to ensure the House proposal never becomes law.

There are a lot of big, important and downright frightening ideas making the rounds on Capitol Hill these days, from taking away Americans’ health insurance to eliminating Meals on Wheels and turning the Environmental Protection Agency over to oil and gas lobbyists. But it’s imperative that voters insist their Senators give proper attention to this all-out assault on the courts. Unless they do so, a key tool in battling discrimination could quickly disappear. That threat is too real, too serious and has too many dire consequences for too many Americans for Senators to do anything other than give it the deliberative attention – and debate – that it deserves.

This article originally appeared at DailyKOS.com on March 19, 2017. 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: .

Leah Nicholls joined Public Justice’s D.C. office in September 2012 as the Kazan-Budd Attorney. She was previously senior staff attorney for civil rights and general public interest at the Georgetown University Law Center’s Institute for Public Representation. Leah had also been a teaching fellow and adjunct law professor at the Law Center.

Trump’s Labor pick hasn’t even had a hearing yet and his confirmation is in serious jeopardy

Wednesday, February 15th, 2017

The fight against President Donald Trump’s pick for secretary of the U.S. Department of Labor, fast food CEO Andy Puzder, is shaping up to be as intense as opposition to Betsy DeVos’ nomination for education secretary. Puzder’s long delayed confirmation hearing is set for Thursday, and a few Republican senators are already signaling they may vote against him.

Sen. Susan Collins (R-ME), Sen. Lisa Murskowski (R-AK), Sen. Tim Scott (R-SC), and Johnny Isakson (R-GA) are withholding their support of his nomination. Sen. Elizabeth Warren (D-MA) made it clear through a 28-page letter with 83 questions for Puzder that she will ensure his confirmation process will be a knock-down, drag-out fight. Other prominent Democrats have spoken out against his record as an employer, and Senate Minority Leader Chuck Schumer (D-NY) has called on President Trump to withdraw Puzder’s nomination.

DeVos ultimately squeaked through a Senate floor debate, but only after an unprecedented tie-breaking vote from Vice President Mike Pence. For weeks before that vote, thousands of people flooded Senate offices with calls against her nomination, and teachers and their allies protested.

Two Republican senators, Sen. Collins and Sen. Murkowski, who now represent half of the Republican senators withholding support for Puzder, voted against her confirmation. Now that twice as many Republicans have already voiced apprehension regarding Puzder, his chances of being confirmed appear even lower.

In her letter, Warren mentioned his “record of prolific labor law abuses and discrimination suits” and “a sneering contempt for the workers in your stores, and a vehement opposition to the laws you will be charged with enforcing.”

Puzder’s CKE Restaurants, which owns fast food restaurants such as Hardee’s and Carl’s Jr., has been the subject of class action lawsuits over the denial of overtime pay as well as lawsuits accusing the company of discrimination. Workers also allege that they were fired for protesting as part of the Fight for 15 campaign.

ROC United, a restaurant employee advocacy group, released a report last month showing that many of the over 500 workers surveyed experienced sexual harassment and unsafe conditions working at CKE restaurants. Sixty-six percent of female CKE employees said they had experienced sexual harassment at work, compared to 40 percent of women who reported such incidents across the entire industry. Puzder has also opposed a $15 per hour minimum wage.

Puzder’s nomination has also been plagued with reports of domestic abuse against his first wife, Lisa Fierstein. On Tuesday, a Missouri judge will rule on whether to unseal records from Puzder’s 1987 divorce, just two days before the nominee’s confirmation hearing. Republican and Democratic senators have also received a tape from the Oprah Winfrey Network that shows a 1990 episode titled, “High-Class Battered Women,” in which Fierstein appeared to discuss the alleged domestic abuse. Fierstein has since retracted the domestic abuse allegations.

Collins has seen the tape, according to Bloomberg, and said, “I am reviewing the other information that has come to light and I’m sure all of this has been explored thoroughly.”

Like the teachers unions that opposed DeVos, which often work with the Fight for $15 campaign, labor groups also have the power to galvanize opposition to Puzder. Last Thursday, thousands of workers protested against his nomination across the U.S., a spokesman for the Fight for 15 campaign told The New York Times. Some of the protesters demonstrated at Carl’s Jr. and Hardee’s locations.

The passionate response to DeVos’ nomination, and eventually confirmation, may also be owed to the broad appeal of protecting public school funding, since plenty of middle class Americans of all political stripes send their kids to public schools or know someone who is a teacher. There is a possibility that a broad swath of Americans would similarly oppose a nominee for labor secretary whose record suggests that he will trample on labor protections.

This blog originally appeared at Thinkprogress.org on February 14, 2017. Reprinted with permission.

Casey Quinlan is an education reporter for ThinkProgress. Previously, she was an editor for U.S. News and World Report. She has covered investing, education crime, LGBT issues, and politics for publications such as the NY Daily News, The Crime Report, The Legislative Gazette, Autostraddle, City Limits, The Atlantic and The Toast.

Workers Say Trump’s Labor Secretary Nominee Is a Habitual Violator of Labor Law

Tuesday, January 17th, 2017

Andrew Puzder, Donald Trump’s nominee for labor secretary, is uniquely unqualified for that job. As secretary, he’d be charged with enforcing health and safety, overtime and other labor laws. But as CEO of CKE Restaurants, the parent company of Hardee’s and Carl’s Jr., he’s made his considerable fortune from violating these very same laws, according to a report by the Restaurant Opportunities Centers (ROC) United released this week.

ROC, which advocates for restaurant workers nationwide, surveyed 564 CKE workers, 76 percent of them women. In discussing the results of the survey, it’s important to note that while ROC surveyed a large number of workers, the respondents are people who chose to fill out a survey distributed by a workers’ rights organization, which they learned about through their social media networks. Still, ROC reported “unprecedented” interest in the survey among workers at CKE and their eagerness to be part of the study, and the experiences they reported, are striking reminders that by tapping Puzder, Trump has made clear that his administration will be a dystopian nightmare for U.S. workers.

A recent national survey among non-managerial women working in fast food found that 40 percent of such women have experienced sexual harassment on the job. Under Puzder, the problem could worsen: A whopping 66 percent of female CKE workers ROC surveyed had faced sexual harassment. Harassment came from supervisors, co-workers or—most often—customers, and took the form of sexual comments, groping, unwanted sexual texts and pressure for dates.

CKE is known for its sexist advertising, which depicts women in skimpy bikinis devouring cheeseburgers. And, certainly, imagery contributes to the culture, but when harassment is as pervasive as it appears to be at CKE, there are usually more structural problems at play. Companies in which women are harassed are generally places in which women—indeed, workers in general—are not valued or respected, and in which workers lack any institutional means to stand up for their rights.

In such companies, women are often not paid and promoted fairly. And, as one might expect, nearly one in five of the CKE workers ROC surveyed said he or she had faced discrimination at work, most commonly on the basis of gender, age or race.

Of the CKE employees who participated in the ROC survey, nearly one-third said they did not get meal breaks that are mandated by law; around one-fourth had been illegally forced to work off the clock or had timecards altered; almost one-third had been illegally deprived of overtime pay.

The ROC survey also found widespread health and safety violations. Nearly one-third of those surveyed said they had become sick or injured on the job. Workers described an environment of slippery floors, frequent grease burns and many said they had to do dangerous tasks—like cleaning a hood over a hot char broiler, for instance—without proper protective equipment.

Appointing Puzder as labor secretary is like inviting Tony Soprano to serve as attorney general. Let’s hope this enemy of working people will face humiliation and defeat when his confirmation goes before the Senate. His hearing, originally set for next Tuesday, may now be postponed until February. That delay would give labor—meaning anyone who works for a living—more time to mobilize against him. Let’s get started.

This post originally appeared on inthesetimes.com on January 13, 2017.  Reprinted with permission.

Liza Featherstone is a journalist and author of Selling Women Short: The Landmark Battle for Workers’ Rights at Wal-Mart and False Choices: The Faux Feminism of Hillary Rodham Clinton. 

Fight for $15 workers file sexual harassment complaints against McDonald's

Thursday, October 6th, 2016

LauraClawson

Workers who are underpaid are all too often exploited and abused in other ways—after all, their employers know they’re vulnerable and need the paycheck. So we should be shocked, but not too surprised, by the contents of sexual harassment complaints against McDonald’s that the Fight for $15 has filed with the Equal Employment Opportunity Commission:


Cycei Monae, a McDonald’s worker in Flint, Michigan, said a manager showed her a picture of his genitals and said he wanted to “do things” to her, according to a complaint provided by Fight for $15. Corporate officials ignored her complaints, Monae said on a phone call with reporters on Wednesday.

In another complaint, a worker in Folsom, California, said a supervisor offered her $1,000 for oral sex.

Thirteen of the complaints were by women, and two were by men, said Fight for $15, which the Service Employees International Union formed in 2012.

gettyimages-496499558Expect McDonald’s to once again fall back on its excuse that it can’t possibly control anything about what franchisees do to their workers, even as it controls every other aspect of how franchise restaurants operate. That control is why the National Labor Relations Board has said McDonald’s should be treated as a joint employer of workers in franchise restaurants.

Issues like sexual harassment are why the Fight for $15 isn’t just about $15 an hour pay—workers say they’re fighting for “$15 and a union.” A union could represent workers facing harassment and give them power in numbers and tools to fight back. This is a fight more broadly for power and respect. Money is part of that, but it’s not the whole deal.

This article originally appeared at DailyKOS.com on October 5, 2016. Reprinted with permission.

Laura Clawson is a Daily Kos contributing editor since December 2006. Labor editor since 2011.

Your Rights Job Survival The Issues Features Resources About This Blog