I recently worked for a large multi-billion dollar NZ government organization. It had a reputation for protecting sexual harassers and bullies, if they were senior managers. I'll call them "EasyC" (not their real name)
In one incident, a chief executive got "handsy" with a waitress during a catered event. The waitress happen to be the daughter of an employer at EasyC. When the EasyC mother went to complain, she was told since her daughter wasn't an EasyC employee, EasyC human resource couldn't take any action.
In another incident, a serial bully was hired, after leaving the previous three organizations because of bullying complaints. He was a former war hero, and his "old boy's club" friends kept getting him jobs.
He was accused of various level of sexual harassment by four women, in front of many witnesses, including "honking" women's breasts in public. In another public incident, with a witness, he said "we should get together after work; we'd make a great couple" while resting his hand on a woman's behind.
For the employees he managed, he also threatened to have his buddies in the GCSB get revenge on his enemies. He went so far as to threaten to kill someone. He also bragged about pointing a gun at his son when he got frustrated with him.
When many people, male and female, began complaining, EasyC gave him two months paid vacation while he was investigated. A chief executive, a close Aussie friend, apparently warned the decision was going against him, the harasser resigned within a day. He was given a 4 month salary "golden handshake,"paid by our tax dollars.
Here's an article in the New York Times.
https://www.nytimes.com/2018/11/14/opinion/arbitration-google-facebook-employment.html
End Forced Arbitration for Sexual Harassment. Then Do More.
If tech companies really want to be cutting-edge, they should get rid of the policy in all employment-related disputes.
By Terri Gerstein
"On Nov. 1, more than 20,000 Google employees walked off the job in protest of the company’s handling of sexual misconduct. A week later, Google capitulated to some of the protesters’ key demands and announced the end to forced arbitration for its employees in relation to sexual harassment and assault claims. The very next day, Facebook followed suit with regard to sexual harassment claims. Microsoft, Uber and Lyft have taken similar steps in the past year.
Technology companies pride themselves on their cutting-edge, visionary nature. Now that they’ve taken the first step, here’s an opportunity for them to be early adopters, and national leaders, by making an even more impactful move: ending forced arbitration in relation to all employment-related disputes, not just sexual harassment. And given the extensive reach of these companies through their multitude of contractors, they should prohibit their contractors from forcing employees into arbitration, as well.
A quick refresher on why forced arbitration is so unfair to workers: Workers win less often in arbitration than in court, and when they do win, they get less money than they would in court. Arbitration is secret and shields wrongdoing from public view. There’s no right to appeal. Forced-arbitration provisions also usually bar class actions, which the Supreme Court blessed in a recent ruling allowing employers to force workers to waive their right to bring a group lawsuit, making it more daunting and difficult for people to sue their employers. And workers don’t genuinely agree to arbitration; they’re typically presented with a take-it-or-leave-it contract to sign if they want to put food on the table.
These problems with forced arbitration make it especially abhorrent in cases of sexual harassment. Being objectified, degraded or groped — these are violations of a highly personal and particular nature. But race discrimination and wage theft are pretty bad, too. It’s also degrading to be told to 'go back to Africa,' which is what a former Tesla employee says happened to him. It’s also offensive to be made to work dozens of weekly overtime hours for no pay.
Of course, workplace violations of different types are often intertwined: The same employers that permit or perpetrate sexual harassment also commit a host of other violations — underpaying workers, discriminating in other ways or preventing workers from organizing. A case I handled long ago captures this. A group of women who worked for a dry cleaner came to our office because they were underpaid, working 56 hours a week for subminimum wages and no overtime.
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