I remember back in 2004 when AB 1825 passed, requiring all California businesses with over 50 employees to train all managers and supervisors on harassment prevention. It was one of the first significant employment laws signed by Arnold Schwarzenegger when he became California governor (and yes, that is ironic given the allegations against him).
For the past 13 years, I have been conducting harassment prevention training for clients. I have probably done that training 150 times. And each year when I update my materials, there are always plenty of new and juicy stories from my cases, and the news, to refer to.
I always start each training by asking – why are we doing this? Is it still needed? Well, apparently, it is. Especially in the tech industry. Have you been following the stories last week about Uber? Can it be that such stuff still happens in work places in California?
For those of you who haven’t been following, here are the highlights.
- The issues started on February 19th when Susan Fowler wrote a very compelling blog post detailing her experiences as a female engineer at Uber.
- Her account is very troubling from an HR standpoint, including overt sexual overtures from management, and reports to HR that were incredibly mishandled.
- Fowler contends that Human Resources essentially sided with management, protected the serial harasser, and lied to her and others about it; in legal terms that is called ratifying bad behavior.
- By February 21st, Uber had retained former US Attorney Eric Holder to lead an independent review into Fowler’s claims.
- Board member Arianna Huffington and the company’s Head of HR were also tapped to assist.
- Then on February 22nd, the New York Times wrote an article titled “Inside Uber’s Aggressive, Unrestrained Workplace Culture.” Indeed, that article brought to my mind images of the excesses portrayed by Leonard DiCaprio in The Wolf of Wall Street before the stock crash.
- Then on February 23rd, Uber’s CEO met with over 100 of the company’s female engineers (the “Lady Eng Group“), who told him that the company has a “systemic problem” with sexism.
Wow. How can this be? 13 years after AB 1825? Haven’t businesses learned that harassment costs money? Public embarrassment? How much money does a company have to lose to take such claims seriously? How many good (and typically female) employees need to exit?
After defending such claims for employers for over 20 years now, I know that not all harassment allegations are true, and that there are two sides to every story. I also know that sometimes well-meaning Human Resources professionals are thwarted by management. But I also know that company culture starts at the top, and if management doesn’t live the stated company values, the employees don’t either. And if management endorses an aggressive bro-centric abusive environment, then its employees will too.
Or as one of my favorite hospitality clients likes to say “fish rots from the head.”
Fingers crossed for Uber that they get it right, and fix whatever issues are festering and detracting from their mission. Or in the reported words of Ariana Huffington, stop hiring “brilliant jerks.”