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Meet the Warehouse Worker Who Took On Amazon Over Inhumane Conditions and Harassment

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Hibaq Mohamed has worked for Ama­zon near­ly as long as she’s been in the Unit­ed States. In 2016, the twen­ty-some­thing Soma­li immi­grant land­ed in Min­neso­ta by way of a refugee camp, join­ing one of the largest East African com­mu­ni­ties in the coun­try. She soon joined the legion of work­ers who fuel the state’s main Ama­zon facil­i­ty, the MSP1 ful­fill­ment cen­ter in Shakopee, near the Twin Cities.

“This was my first job,” Mohamed says. “They were hir­ing work­ers … East African and peo­ple like me. [These work­ers] didn’t have a lot of expe­ri­ence, they don’t know a lot.” 

The Shakopee facil­i­ty employs rough­ly 1,000 work­ers to exe­cute Amazon’s high­ly mech­a­nized work reg­i­men every day, pack­ing orders at a fren­zied rate of around 250 units per hour. While items zip down a con­vey­or belt, the work­ers are mon­i­tored, through an auto­mat­ed sys­tem, to track their speed and any errors that might dam­age their per­for­mance ratings.

On top of the pres­sure to meet quo­tas, Mohamed says man­age­ment decid­ed to “fire a crazy num­ber of work­ers” short­ly after she start­ed work­ing there. “And they are not telling us what they fired them for,” she recalls. She says the work­ers were immi­grants who did not speak Eng­lish fluently.

Though Ama­zon says these were sea­son­al hires—and were there­fore dis­missed once their tem­po­rary stints end­ed, the seem­ing lack of trans­paren­cy trou­bled Mohamed. “I feel like this was unfair,” she says.

Around 2017, Mohamed and oth­er East African immi­grant work­ers start­ed meet­ing with the Awood Cen­ter, a Min­neapo­lis work­er cen­ter. As fledg­ling com­mu­ni­ty orga­niz­ers, Mohamed says, “We have to be smart, we have to have the train­ing to do this.” Over the past two years, East African work­ers have spear­head­ed a num­ber of walk­outs and protests at Ama­zon against what they per­ceive as incom­pe­tence, inhu­mane pro­duc­tiv­i­ty stan­dards and a lack of diver­si­ty among the man­age­ment. Images of hijabis walk­ing the pick­et line and ban­ners pro­claim­ing that work­ers are “not robots” gar­nered nation­al headlines. 

Fol­low­ing ini­tial protests in 2018, Ama­zon man­age­ment sat down with MSP1’s East African work­ers to dis­cuss work­ing con­di­tions—high­ly unusu­al for Ama­zon, which had pre­vi­ous­ly avoid­ed such direct talks with workers.

Ama­zon even­tu­al­ly agreed to make some accom­mo­da­tions at the facil­i­ty, such as com­mit­ting man­agers to meet quar­ter­ly with work­ers and respond to com­plaints with­in five days, accord­ing to the New York Times. But work­ers have con­tin­ued to com­plain about the intense pro­duc­tiv­i­ty pres­sure, which often leaves them with­out time for dai­ly prayers and bath­room breaks, despite Ama­zon claim­ing that work­ers can pray at any time. MSP1 also has one of the high­est injury rates among Amazon’s ful­fill­ment centers.

Awood has become a hub for the East African work­er com­mu­ni­ty, teach­ing orga­niz­ing tac­tics and build­ing mutu­al sup­port. Awood oper­ates as a grass­roots group and not a for­mal union, but oth­er unions—includ­ing the Ser­vice Employ­ees Inter­na­tion­al Union and the Team­sters—have been sup­port­ing Ama­zon work­ers at MSP1 and oth­er facilities.

Just over a month after Min­neso­ta issued stay-at-home orders, Ama­zon elim­i­nat­ed unlim­it­ed unpaid time off for those who opt­ed to stay home for health con­cerns, which trig­gered a walk­out by more than 50 MSP1 work­ers. The work­ers also protest­ed what they said was the retal­ia­to­ry fir­ing of two work­er activists, Faiza Osman (who Awood claims was ter­mi­nat­ed after stay­ing home with her chil­dren to avoid infec­tion, but was lat­er rein­stat­ed) and Bashir Mohamed (who appar­ent­ly was dis­ci­plined for vio­lat­ing social dis­tanc­ing guide­lines, which work­ers say are selec­tive­ly enforced).

Work­ers’ fears about the virus were con­firmed in June, when about 90 ware­house employ­ees test­ed pos­i­tive for Covid-19. Bloomberg report­ed that Ama­zon had care­ful­ly tracked the Covid-19 infec­tion rate at MSP1, but did not dis­close details on the num­ber of cas­es to workers.

Man­age­ment “want[ed] to hide it,” Mohamed says. But while the high­er-ups were not exposed like the front­line work­ers on the ware­house floor, “We are the ones who are going togeth­er to the bath­room, to the break room. We are the ones get­ting the virus.”

Ama­zon has boast­ed about its Covid-19 response, claim­ing it has tak­en exten­sive mea­sures to keep work­ers safe while eas­ing up on quo­tas. But Mohamed says Amazon’s lead­ers “focus more for the mon­ey than the work­ers and people.”

Last week, work­ers’ fears about their risk of infec­tion were real­ized when the com­pa­ny report­ed that more than 19,000 of its 1,372,000 employ­ees at Ama­zon and Whole Foods had test­ed pos­i­tive for COVID-19. Though it claims that the infec­tion rate at its facil­i­ties was about 40 per­cent low­er on aver­age than in sur­round­ing com­mu­ni­ties, labor advo­cates denounced the com­pa­ny for need­less­ly putting work­ers’ health at risk.

The man­age­ment seems focused on Mohamed, how­ev­er. Amid ris­ing fears of Covid-19 risks at work, Mohamed was writ­ten up in July for tak­ing too much “time off task,” Amazon’s term for inter­mit­tent breaks. But she con­tends she had rarely received any dis­ci­pli­nary write-ups until the man­age­ment “clear­ly made me a tar­get” after she had protest­ed work­ing conditions. 

She wrote to Min­neso­ta Attor­ney Gen­er­al Kei­th Elli­son seek­ing pro­tec­tion under an exec­u­tive order shield­ing whistle­blow­ers from retaliation. 

“Ama­zon man­agers have tar­get­ed me and open­ly harassed me before,” Mohamed wrote, “but increas­ing­ly dur­ing the pandemic.”

Ama­zon denies Mohamed and her cowork­ers’ claims of retal­i­a­tion. Ama­zon spokesper­son Jen Crow­croft states via email, “We do not tol­er­ate any kind of dis­crim­i­na­tion in the work­place and we sup­port every employee’s right to crit­i­cize their employ­er, but that doesn’t come with blan­ket immu­ni­ty to ignore inter­nal poli­cies.” Sim­i­lar­ly, Ama­zon attrib­ut­es Bashir’s dis­missal to vio­la­tions of work­place rules. It also states Osman still works at Ama­zon and was not fired.

Mohamed’s alle­ga­tions reflect a broad­er pat­tern of fir­ings and pun­ish­ment of work­er-orga­niz­ers dur­ing the pan­dem­ic, which has prompt­ed law­mak­ers to inves­ti­gate Amazon’s labor prac­tices.. Last week, 35 work­ers at MSP1 staged yet anoth­er walk­out to protest the alleged fir­ing of one of Mohamed’s cowork­ers, Farhiyo Warsame, for “time off task” vio­la­tions, after she had voiced con­cerns about safe­ty pro­tec­tions at work.

For now, how­ev­er, Mohamed’s out­spo­ken­ness might pro­tect her, as the work­ers’ upris­ings have put Amazon’s labor prac­tices in the pub­lic spotlight. 

Ama­zon esti­mates about 30% of its Shakopee work­ers are East African, many of whom live in the Twin Cities Soma­li refugee com­mu­ni­ty, which has his­tor­i­cal­ly strug­gled with racial dis­crim­i­na­tion and socioe­co­nom­ic hard­ship. Now, these bonds have trans­formed into orga­niz­ing pow­er against a cor­po­rate empire. Hav­ing built a diverse com­mu­ni­ty of mil­i­tant work­ers at MSP1—Soma­li, Span­ish and Eng­lish speak­ers alike—Mohamed knows there is safe­ty in numbers.

“We have one goal, and we can under­stand each oth­er,” Mohamed says. “We have the pow­er to change pol­i­cy. … We have the right to exer­cise that in the Unit­ed States.” Although the com­pa­ny “give[s] us a lot of fear,” she adds. “[we] still have the courage to fight back and work for the change we want.”

This blog originally appeared at In These Times on October 5, 2020. Reprinted with permission.

About the Author: Michelle Chen is a con­tribut­ing writer at In These Times and The Nation, a con­tribut­ing edi­tor at Dis­sent and a co-pro­duc­er of the “Bela­bored” pod­cast. She stud­ies his­to­ry at the CUNY Grad­u­ate Cen­ter. She tweets at @meeshellchen.


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International Labor Organization Fights Gender-Based Workplace Violence and Harassment

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Image result for cassandra waters afl cioEight years ago, women union leaders and activists began campaigning for the International Labor Organization to tackle gender-based violence and harassment at work. Last week, at the ILO’s 100thanniversary, workers, governments and employers votedoverwhelmingly to approve a binding Convention on Violence and Harassment in the World of Work.

This victory is a testament to the power of trade unionists organizing around the globe. It’s also a reflection of the profound need for tools to address the harassment and violence too many workers, particularly women workers, face as a daily reality.

The ILO is a tripartite institution, meaning workers have a seat at the negotiating table. Led by our spokesperson Marie Clarke Walker from the Canadian Labour Congress, worker representatives from around the world spent the past two years negotiating strong, inclusive language that ensures all workers have meaningful protection from violence and harassment, particularly gender-based violence and harassment.

You can check out the full convention here, and a supplemental recommendation that further clarifies the obligations spelled out in the convention here. Some highlights include:

  • Establishing that everyone has a right to a world of work free from violence and harassment, and every country that ratifies the convention will “promote and realize” that right.

  • Protecting all workers, regardless of their contractual status, in both the formal and informal economy, as well as interns, apprentices, jobseekers, job applicants, volunteers, terminated workers and employers as individuals.

  • Ensuring protections not just in the physical worksite but in the broader world of work?—such as work-related trips and social events, places where workers are paid, rest or use sanitary and washing facilities, employer-provided accommodations and during the commute.

  • Addressing violence and harassment committed by or against third parties.

  • Requiring each national government that ratifies the convention to:

    • Adopt an inclusive, integrated and gender-responsive approach for the elimination of violence and harassment in the world of work, which should be developed in consultation with workers and their unions.

    • Enact both preventative measures and access to remedy, including gender-responsive, safe and effective complaint and dispute resolution mechanisms, support, services and remedies.

    • Identify sectors, occupations and work arrangements that leave workers more vulnerable to violence and harassment.

    • Promote collective bargaining as an important tool to address violence and harassment.

    • Provide specific protections for women and other vulnerable groups.

    • Require employers to take steps to prevent violence and harassment, including developing a workplace policy, providing support and training and identifying and addressing workplace hazards in consultations with workers and unions.

The United States worker delegation included leaders from UNITE HERE Local 1 Chicago’s “Hands Off, Pants On” campaign. The Hands Off, Pants On campaign demonstrates the importance of many of the convention’s provisions. Hotel housekeepers primarily face violence and harassment from third parties. A survey found more than half of housekeepers in Chicago had a guest expose themselves, with many recounting harrowing stories of jumping over furniture or locking themselves in bathrooms to escape unwanted sexual advances. Local 1 successfully negotiated protections, including panic buttons, into collective agreements for unionized housekeepers and then campaigned for a citywide ordinance to provide the same protections for all housekeepers in Chicago. This is an excellent example of how unions can use their power to win meaningful protections for workers.

To read more about what unions can do to prevent sexual harassment specifically, check out our toolkit; and for excellent examples of how unions tackle violence and harassment around the world check out this report.

Winning the convention is an important victory, but in many ways it is just the beginning. Now, workers will turn to ensuring governments widely ratify and implement these important protections to end violence and harassment in the world of work.

This article was originally published at Aflcio on June 26, 2019. Reprinted with permission.

About the Author:  Cassandra Waters is the global worker rights specialist at the AFL-CIO.


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Governor Murphy Signs ‘Panic Button’ Bill to Protect Hotel Workers from Assaults, Harassment

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Hundreds of hotel workers, union leaders and elected officials gathered at Harrah’s Resort in Atlantic City today to witness the signing of a bill requiring hotels to equip certain employees with “panic buttons” for their protection against inappropriate conduct by guests.

“We must protect the safety of workers in the hospitality industry,” Gov. Phil Murphy (D) said. “I am proud to sign panic button legislation that Bob [McDevitt] and the working men and women of UNITE HERE, Assemblymen Vince Mazzeo and John Armato, Charlie [Wowkanech] and Laurel [Brennan], Senator Loretta Weinberg and so many others have fought for to give hotel workers greater security and the ability to immediately call for help should they need it on the job.”

The portable safety device, known as a panic button, will allow hotel workers to alert security personnel if they feel they are in danger or a compromising position while performing housekeeping duties. Today’s signing makes New Jersey the first in the nation to have a statewide law requiring hotels to provide their employees with such devices.

Hotels that do not comply can be fined up to $5,000 for the first violation and $10,000 for each additional violation, according to the legislation.

“The safety of women in the hospitality industry has been overlooked,” said Bob McDevitt, president of UNITE HERE Local 54. “I’m proud that my state is the first to pass and sign into law real protections for housekeepers in the hotel industry.”

The harassment of hotel workers, especially housekeepers, has been a longstanding issue the hotel industry has struggled to address. Unite Here Local 54, a union representing nearly one-third of casino and hospitality workers in Atlantic City, was a driving force behind this legislation, which will provide an additional measure of security for thousands of hotel workers across the state.

“Whenever I go into a room, I wonder what is going to happen,” said Miriam Ramos, a housekeeper at Bally’s in Atlantic City. “Most guests are nice and respectful, but every housekeeper has either been sexually assaulted or harassed doing her job, or knows someone who has.”

“I’m glad that the legislature and the governor are making it safer for us,” Ramos said.

Assemblyman John Armato (D-2) introduced the “panic button” bill in the General Assembly in September. Assemblyman Vince Mazzeo (D-2) also sponsored the bill. Sens. Loretta Weinberg (D-37) and Linda Greenstein (D-14) proposed it in the Senate.

“The New Jersey State AFL-CIO thanks the sponsors of the panic button bill for recognizing that hotel workers deserve to feel safe while on the job,” said Charles Wowkanech, president of the state federation. “We are proud to have lobbied on behalf of this important legislation, which will no doubt help create a safer working environment for all of New Jersey’s hotel workers.”

This blog was originally published at AFL-CIO on June 12, 2019. Reprinted with permission.

About the Author: Michael Gillis is a writer at AFL-CIO.

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EEOC reports (mostly) positive developments on sexual harassment

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The Equal Employment Opportunity Commission reports that formal complaints of sexual harassment complaints are up significantly from 2017. The EEOC is also litigating substantially more harassment cases.

Amid the uptick in reported harassment, there is evidence that men are changing their behavior – in good and bad ways. While the impact of the #MeToo movement has mostly been positive, some leery men are going to the other extreme and avoiding female co-workers completely.

Formal harassment complaints and lawsuits have increased

The EEOC says it is leading the way in combating workplace sexual harassment. Through outreach and education, as well as through investigation and enforcement, the agency believes it’s making an impact:

  • Formal sexual harassment charges in fiscal year 2018 increased by more than 12 percent from 2017.
  • Reasonable cause findings increased by 23 percent and successful conciliations by 43 percent.
  • In complaints not resolved through mediation, the EEOC has filed 41 sexual harassment lawsuits, a 50 percent increase.
  • The EEOC recovered $70 million for victims in FY 2018, an increase of 47 percent.

In the aftermath of #MeToo, traffic to the EEOC website doubled in the past year as both employees and employers sought information on dealing with workplace harassment. The agency conducted hundreds of outreach events to educate individuals and employers

Some men are taking the wrong message from #MeToo

Overall, the #MeToo movement has affected real and positive change. More women (and men) are confronting abuse and reporting sexual harassment rather than quietly tolerating it. Employers, including government agencies, are re-examining their policies and doing more trainings. Habitual and egregious offenders are being fired or otherwise suffering real consequences.

At least anecdotally, males in the workplace are changing their behavior, out of self-preservation if not because they genuinely “get it.” From sexual come-ons and inappropriate touching and to sharing sexual jokes or pictures, men appear to be getting the message.

But there has been some unexpected backlash from the #MeToo campaign. Some men in positions of power are intentionally avoiding or excluding female counterparts to avoid being accused of harassment. For example, women may not be invited to key meetings or after-hours events. Some men say they will no longer mentor women or hire female assistants. Some go so far as to avoid riding in an elevator or vehicle with female co-workers.

This overreaction has the unintended consequence of limiting opportunities for women and creating barriers. Such behavior can rise to the level of retaliation, sex discrimination or creating a hostile work environment.

This blog was originally published by Passman & Kaplan, P.C., Attorneys at Law on October 22, 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.


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Improving Patient Safety: Worker Wins

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Our latest roundup of worker wins begins with nurses across the country winning new contracts and includes numerous examples of working people organizing, bargaining and mobilizing for a better life.

New Contract for More Than 14,000 California Nurses Includes Improved Protections from Violence and Harassment: Registered nurses at the University of California, members of the California Nurses Association (an affiliate of National Nurses United/NNU) voted overwhelmingly to ratify a new five-year contract. The contract covers more than 14,000 registered nurses at more than a dozen locations. “We are so proud to ratify this historic contract for all registered nurses at UC. Nurses stood together in solidarity and fought back over 60 takeaways that would have directly affected our ability to care for our patients,” said Megan Norman, RN, UC Davis. “We won new language addressing infectious disease and hazardous substances as well as stronger protections around workplace violence and sexual harassment.”

11,000 VA Nurses Ratify New Contract: More than 11,000 registered nurses at 23 hospitals run by the Department of Veterans Affairs, who are represented by the National Nurses Organizing Committee/NNU, voted to ratify a new three-year contract that features workplace violence protections, infectious disease training and emergency preparedness information. “I am very excited about the workplace safety provisions that will improve the safety of our nurses and protect them from violence and injury,” said Irma Westmoreland, registered nurse and National Nurses United board member.

Maine Nurses Win Increased Workplace Safety in New Contract: Neatly 900 members of the Maine State Nurses Association (part of the NNOC/NNU) who work at the Eastern Maine Medical Center (EMMC) ratified a new contract. “This new agreement sets a new bar for quality care and patient safety at our hospital,” said Dawn Caron, bargaining team member and chief union steward for the nurses at EMMC. “When we began this process back in February, we set out to protect the role of our charge nurses and all of the other safe patient care provisions of our contract. The nurses at EMMC are proud to announce that today, we have done exactly that.”

Disneyland Resort Workers Approve Contract with Wage Raise and Bonus: After more than a year and a half of negotiations, Disneyland Resort hotel workers approved a new contract that includes nearly $2 an hour in higher wages and the payment of $1,000 employee bonuses originally announced in January. UNITE HERE Local 11 represents the more than 2,700 hotel workers at Disney covered by the new contract.

UFCW Members at Four Roses Distillery Reach Agreement to End Strike: In September, members of United Food and Commercial Workers (UFCW) Local 10D who work at the Four Roses distillery in Lawrenceburg, Kentucky, won a new agreement after a strike that lasted nearly two weeks. “We’re one big, happy, dysfunctional family around here,” Local 10D President Jeff Royalty said. “You know, just like brothers and sisters, you’ll have some hard feelings from time to time, but they’re short-lived.”

Columbia Postdoctoral Researchers Win Right to Form Union: The National Labor Relations Board ruled that postdoctoral researchers at Columbia can form a union. Official elections are being held this week to determine whether or not the Columbia Postdoctoral Workers become members of the UAW. “We are very excited that the NLRB finally issued the decision that Columbia’s postdoctoral workers can unionize despite the university’s efforts to undermine us,” said Alvaro Cuesta-Dominguez, a member of the postdoctoral worker organizing committee and a second-year postdoc researcher. “We look forward to the opportunity to really have our voices heard.”

Federal Judge Sides with FLOC, Rejects Anti-Union North Carolina Law: U.S. District Judge Loretta Biggs ruled that a North Carolina law limiting union organizing for farmworkers was unconstitutional. “North Carolina’s law is clearly designed to make it harder, if not impossible, for the state’s only farmworkers union to advocate for sorely needed protections against exploitation and bad working conditions,” said Brian Hauss, a staff attorney with the American Civil Liberties Union.

New York Port Authority Workers Win Wage Increase: After a long fight, working people at the New York Port Authority represented by the Retail, Wholesale and Department Store Union/UFCW (RWDSU/UFCW) and UNITE HERE won an increase to a minimum wage of $19 per hour by 2023. The new agreement includes nearly 5,000 catering workers that were excluded from the previous policy. The proposal could impact tens of thousands of workers at other area airports, as well.

ExpressJet Pilots Overwhelmingly Approve New Contract: United Express pilots at ExpressJet Airlines, represented by the Air Line Pilots Association (ALPA), have won a new contract that increases pilot pay. More than 90% of those who voted supported the new three-year deal.

This blog was originally published by the AFL-CIO on October 3, 2018. Reprinted with permission. 


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#MeToo Hits Fast Food: Why McDonald’s Workers Are Out on a Historic Strike Today

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Workers at McDonald’s are set to walk out of work today in ten U.S. cities: Chicago, St. Louis, Durham, Kansas City, Los Angeles, Miami, Milwaukee, New Orleans, Orlando and San Francisco.

While a string of fast food strikes has hit chains in recent years, this time workers aren’t walking out for higher wages, but for respect and freedom from harassment in an industry known for rampant abuse.

In the non-unionized fast food industry, marked by high turnover, low wages, and poor to non-existent benefits, sexual harassment is endemic. A recent study of fast food restaurants such as Taco Bell and McDonald’s found that 40 percent of workers reported experiencing sexual harassment at work. A full 60 percent of the women who reported multiple occurrences of harassment said they felt pressure to accept the abuse because they could not afford to quit their job.

McDonald’s has faced a slew of lawsuits related to sexual harassment in recent years. In October 2016, Fight for $15, the group advocating for minimum-wage increases in the service sector, filed 15 sexual harassment claims with the Equal Employment Opportunity Commission, accusing the McDonalds corporation and franchisees of failing to protect—and sometimes retaliating against—workers reporting harassment.

According to the National Women’s Law Center, an organization supporting the striking workers, McDonald’s management routinely “initiated or disregarded” instances of sexual harassment. Among the incidents reported by the Center: A 15-year-old cashier in St. Louis who was asked by an older male employee: “Have you ever had white chocolate inside you?” When the 15-year-old reported the harassment to her manager, she was told, “you will never win that battle.” In New Orleans, a female worker complained about a co-worker groping her, to which her manager responded that she should “take it to the next level” with him. This same worker also endured an attempted sexual assault, which she did not report because of her past experiences.

“By funding the legal representation in these cases, we hope to help ensure that these charges will be a catalyst for significant change,” Sharyn Tejani, Director of the TIME’S UP Legal Defense Fund, said in a statement. “Few women working in low-wage jobs have the means or the financial security to challenge sexual harassment. As shown by these charges and thousands of intakes we have received at the Fund from women in every industry, those who report their abuse are often fired, demoted or mocked—and since nothing is done to stop the harassment, nothing changes.”

The TIME’S UP Legal Defense Fund is the latest example of the #MeToo movement’s solidarity with low-wage workers. The Fund, which arose as a response to the sexual harassment faced by women in Hollywood, has now amassed over 200 volunteer lawyers, and has pledged to support “the factory worker, the waitress, the teacher, the office worker.” The organization was also led to this cross-class alliance in part by expressions of solidarity from workers across sectors, including a letter signed by 700,000 female farmworkers associated with the Alianza Nacional de Campesinas, and a 2017 “Take Back the Workplace” march in Los Angeles.

The strike is historic. While labor organizing campaigns have often made sexual harassment a focal point, this strike marks the first multi-state action devoted solely to the issue. 

Workers organizing against sexual harassment at McDonald’s can draw from a long tradition. In the 1830s, one of the first labor struggles in the early phases of American industrialization centered around addressing the sexual harassment and assault faced by female mill workers in Lowell, Massachusetts.

In one of the first efforts to organize workers at a restaurant chain, the Hotel Employees and Restaurant Employees International Union (HERE) launched a six-year campaign during the 1960s to organize Playboy Bunnies. The campaign centered around combating the sexist workplace of the Playboy Clubs, an environment rooted in Hugh Hefner’s ethos that “women should be obscene and not heard.”

In the book Feminism Unfinished, Dorothy Sue Cobble writes that tenacious HERE organizer Myra Wolfgang told reporters the Bunnies would “bite back” against Playboy’s sexist working conditions.  And that’s just what they did. According to Cobble, management ultimately agreed to a “national contract promising to pay wages to Bunnies (previously the women relied solely on tips) and allow Bunnies more discretion over uniform design, customer interactions, and company appearance standards.”

While historically unions have (albeit sometimes unsuccessfully) been a bulwark against sexual harassment, fast-food empires like McDonald’s have always been closed off to unions. Without the protection of a union, fast food workers are particularly vulnerable to harassment. But, according to sexual harassment expert Lin Farley, the equation can also be reversed: Harassment can be a tool to prevent unionization and collective worker struggle. “You have fast-food managers systematically using sexual harassment to keep turnover high, so they don’t have to unionize, they don’t have to give higher wages,” Farley told On the Media.

That might be changing, however. With a more class-conscious #MeToo movement, a wave of militant teachers’ strikes, anti-sexual harassment campaigns and strikes in the majority female hotel industry, it’s clear that women are fed up with abuse in the workplace. The McDonald’s strike shows that this increased organizing may soon translate into more wins for labor in the most exploited sectors like the fast food industry, where class struggle is now on the menu.

This article was originally published at In These Times on September 18, 2018. Reprinted with permission. 

About the Author: Rachel Johnson is a writer based in Chicago. She holds a master’s degree in U.S. history from Northwestern University.


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This is why workplace harassment training is so ineffective

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It’s a scenario that has become familiar to almost anyone who works in an office.

After “recent events around the country,” a well-meaning sexual harassment educator comes in to teach the letter of the law. The mandatory training provides information on “each and every sexual harassment law,” but the effects fall somewhere between useless and detrimental. The trainer comes at a large financial cost and proves to be of questionable value. Ultimately, the trainees leave discouraged and the hostile climate remains.

This all-too-familiar scene was demonstrated by the arrival of Petey the Sexual Harassment Panda on South Park, way back in 1999. His song-and-dance approach before a class of fourth graders was obviously a caricature. But sexual harassment experts say the problems he demonstrated — overly legalistic trainings that are more about liability protection than culture change and that come without proven results — have become ubiquitous, even as America reckons with the #MeToo moment. Trainers and training companies make a mint off of these trainings, more and more places are mandating them, and there is a built-in disincentive for trainers and employers to ever really explore whether they are helping to reduce harassment.

Fran Sepler, a consultant and trainer who has worked in sexual harassment prevention for more than 30 years, says that trainings that focus mostly on what the law says are not productive and may actually convey that “anything short of illegal behavior is tacitly acceptable.”

“Even though unlawful harassment is a terrible thing and a problem, your odds of being [illegally] harassed are relatively small, say 20 percent for women and less for men,” she explained. “Rude and uncivil behavior — close to 100 percent experience that at some point.” Yet the typical workplace harassment training video shows unrealistic situations that don’t match up with real life. “I show clips of about 50 videos,” Sepler said, “All show people putting their hands on the backs of colleagues.”

In the 1990s, a series of Supreme Court rulings had the effect of giving companies an incentive to do sexual harassment training: liability protection. Linda Seabrook, general counsel and director of legal programs for the non-profit Futures Without Violence said that this was a big factor in the growth of the industry. [Full disclosure: Futures Without Violence has previously provided its programming for ThinkProgress staff and other employees at the Center for American Progress. ThinkProgress is an editorially independent project of the Center for American Progress Action Fund].

“The reason they do sexual harassment training is not prevention,” Seabrook told ThinkProgress. “It’s so they can avail themselves of a certain defense: Faragher-Ellerth.” The term refers to a pair of judicial precedents (Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth) that suggested employers who do trainings can be protected from liability for some sexual harassment that might occur among their employees.

Alas, she said, these trainings on what is prohibited do not solve the problem at all. “I don’t understand how people think that type of training will lead to prevention. It trains you on the law and the employer’s policy. It does not and cannot at all train or educate you on what fosters or facilitates this type of conduct and/or what type of workplace doesn’t allow for this type of conduct.”

A lucrative industry

In 1998, the Los Angeles Times predicted court rulings would soon spur employers to spend big to protect themselves from future liability by providing sexual harassment training to their employees. It cited a projection that “U.S. employers will spend $10 billion annually on employment-law-related training by 2000, up from $5 billion in 1995, with sexual harassment prevention one of the main topics.” Two decades later, one training company told the paper it had received 2,150 requests for its programs in January — over 8 times more than the previous January.

Seabrook said Futures Without Violence has seen a significant increase in the number of “workplace education” sessions it it has been asked to do since the start of the #MeToo movement. But to be successful, she noted, the focus really has to be on building a thriving workplace community: the “deep-seated gender norms,” the sexism, the misogyny, and the anti-LGBTQ sentiments in our society require more than “a one-hour training or a two-hour training once a year.”

Jocelyn Frye, a senior fellow at the Center for American Progress, is an expert on sexual harassment policy. She said there’s growth in the demand for harassment training: “People who do trainings are getting a significant uptick,” she said. And she believes trainings can be a good thing, “but it has to be good training.”

“Nobody funds research”

One of the biggest obstacles to culture change is ignorance — sometimes willful — about what the problems are and what actually helps to solve them. In the past, Frye said, “employers historically have been unwilling to do certain types of assessments because they feared it could be used [against them] in litigation.” And few employers’ harassment training providers have had the ability or volition to find out if their methods are working.

That’s why so few businesses have embraced an evidence-based approach to figuring out what actually works.

“The fact that there isn’t info is itself sort of the news,” said U.S. Equal Employment Opportunity Commission Commissioner (EEOC) Chai Feldblum, who co-chairs the commission’s Select Task Force on the Study of Harassment in the Workplace. She co-authored a 2016 report for that task force, asking, essentially, why the problem remains so pervasive and what can be done about it.

In a telephone interview, she told ThinkProgress, “The fact that the evidence hasn’t shown that the type of training done for a decade [to be effective] doesn’t say training isn’t important. It just says training — in a vacuum — doesn’t seem to have much of an impact.” What limited research there is suggests that some things do help: leadership can change office culture, management can hold people accountable, the organization can set clear policies that go beyond the legalistic, and workplaces can have meaningful training. “We have a sense of what can work… [But] we don’t yet have solid evaluations of each of these things. Certainly not of them as a total package.”

As with all research, money is a factor. “Nobody funds research,” Futures Without Violence’s Seabrook observed. Social scientists “don’t have the resources to do that kind of work,” she said, noting that the EEOC has no research arm and is historically a low-priority department for administrations. Still, she explained, legislation will soon be introduced in Congress to fund research into all types of workplace harassment.

Feldblum agreed and noted another challenge: “We’ve always had two issues: one was get the funding, two was get the subject of the research (the employer) to say yes” to research into their workplace. Unless an employer is willing to let researchers examine the climate of a workplace before and after trainings and other interventions, there is no way to really know if they worked.

Legally, companies could be held liable for holding trainings they know are ineffective, creating a disincentive. But Frye says “it’s better to know your problems than to feign ignorance.”

According to Sepler, a lot of researchers would be “delighted” to do those kinds of examinations if they had the funding. “What if they evaluate a training model and and it shows it is ineffective?” she asked rhetorically. Despite the desire for evidence of results, “no one wants to be the organization where there is data [proving] you’ve been doing something demonstrably ineffective.”

Vicki Magley, a professor of psychology at the University of Connecticut, is one of the few people who has studied which interventions actually succeed at reducing harassment. She observed that most of the assessment of training is done by the vendors themselves — and it is less-than-rigorous data. “I’ve talked to many, many training companies over the past few months who want to tell me all the wonderful things they’re doing with their training. They don’t sound terrible…” she said. “But when I ask, ‘how do you evaluate whether this is doing anything?’, they have no answer.”

“You can ask trainees at the end of a training how well they liked the training, with smiley faces. That doesn’t tell you anything about attitude change, culture change, perceived risk [for reporting harassment],” she said. Instead of a rigorous before/after assessment, participants are mostly asked if the experience was helpful and if the free cookies served were fresh. That sends the message to employees that the company doesn’t take such trainings seriously.

In her own research efforts, she has encountered strong resistance to that sort of before and after study. Recently, she recounted, one organization hired her to evaluate a training but refused to let her evaluate efficacy. “I was being asked to come in and evaluate a training. I was told I couldn’t really evaluate it in the way that was going to be useful because ‘it was going to end up costing too much money and that would just be too expensive.’” With her university bearing the brunt of the costs, she said, she knew “at the end of the day, they just didn’t want to know.”

Magley also noted that many companies use online trainings which are even less evidence-based and can easily be completed by employees with “half an eye and half a heart.”

“If there’s a dearth [of research] on sexual harassment training, there is almost zilch on online training,” she says. “We really don’t know if it does anything.”

A roadmap for employers

Still, state and local lawmakers continue to pass laws making harassment training mandatory, without really taking into account whether it helps. Often these laws require that medium and large employers provide lengthy explanations about the letter of the sexual harassment law. In turn, this increases the incentives for training companies to remain ignorant about whether their in-person or virtual trainings are useful.

Robin Shea, a partner at Constangy, Brooks, Smith & Prophete who tracks state harassment training laws, said in an email that New York State and New York City were the most recent major jurisdictions to enact mandatory training for all major employers. When they go into effect in the upcoming months, New York will join California, Connecticut, Maine, and possibly additional states. “I do expect mandatory harassment training laws to be a hot legislative topic this year and in 2019 because of the #MeToo movement,” she predicted. Earlier this year, Connecticut’s senate, in a bipartisan vote, moved to expand the required two-hour training to employers with at least 20 employees (instead of 50) — though that bill died in the state’s house due to controversy around some other provisions.

But how to actually improve the problem? Feldblum said the EEOC task force report — a series of non-binding recommendations — is a “road map for employers to take.” It recommends an array of steps including greater accountability, new and different approaches to training, and more effective reporting systems.

Among the ideas in the report is a proposal that when employers accused of harassment enter into settlement agreements with the commission, they include requirements that researchers be allowed to work with the employer to assess climate and harassment levels before and after implementations of compliance trainings, civility trainings, and bystander intervention trainings.

So far, she has not seen a huge number of takers. “Even if we find an employer who is willing, we still have to fund it,” she said.

The University of Connecticut’s Magley thinks ultimately the solution may have to come from the judiciary. “Courts need to say, ‘You can do training, that’s a fine thing to do, but if you do that, you need to document that it is effective, that it’s doing what it’s supposed to be doing.’” By requiring that for legal liability protections, organizations would be “held accountable to truly effectively change structures,” rather than “do whatever they can, as cheaply as possible, to check the box.”

With the Trump administration working to pack the federal courts with Clarence Thomases and Sam Alitos who side with businesses over workers in case after case, that shift may not be quick.

“Legal change is a slow-moving train,” she acknowledged, but “hope rests on the shoulders of current law students actively reading this literature and law professors who are training that that type of thinking can start to permeate and change the culture.”

This article was originally published at ThinkProgress on July 25, 2018. Reprinted with permission. 

About the Author: Josh Israel has been senior investigative reporter for ThinkProgress since 2012. Previously, he was a reporter and oversaw money-in-politics reporting at the Center for Public Integrity, was chief researcher for Nick Kotz’s acclaimed 2005 book Judgment Days: Lyndon Baines Johnson, Martin Luther King Jr., and the Laws that Changed America, and was president of the Virginia Partisans Gay & Lesbian Democratic Club. A New England native, Josh received a B.A. in politics from Brandeis University and graduated from the Sorensen Institute for Political Leadership at the University of Virginia, in 2004. He has appeared on cable news and many radio shows across the country.


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Gay teacher says she suffered months of homophobic harassment with no end in sight

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A gay middle school English teacher, Amy Estes, said she had to take a mental health leave after student harassment grew more and more intense and her school did little to mitigate the problem.

It all began when a former student asked to stay in touch with her and followed Estes on Instagram. After Estes posted a photo of herself and her partner, the former student saw the photo and spread word to other students at Spring View Middle School in Rocklin Unified School District in California, Estes told ThinkProgress.

“So much of the conversation was negative and hurtful. It wasn’t like ‘She’s gay, that’s whatever,’ it was ‘Oh that’s gross. That’s disgusting,’” Estes said of the hurtful comments students posted about her online.

Estes said she experienced harassment, was told to take down a poster meant to help LGBTQ students feel safe, and felt that the administrators said LGBTQ student would need to adhere to requirements others did not.

Last September, a student approached her to tell her students were talking about her online. She informed the administration, but they minimized it as “middle school drama,” Estes said. She then had a conversation with a student who she believed was one of the most involved in the discussion of her sexuality online, at the suggestion of administration, but the student denied being involved. Estes said that student misbehaved several times in class that were unrelated to the harassment, and she reached out to his mother. But the mother accused of her of making it personal, Estes said.

“The tone of email was that I was retaliating against her child for something he didn’t do and that she had seen the things on Instagram and Snapchat and that was my private life, and how dare I rope her child into it?” Estes said. “And I was blindsided at that point. I didn’t realize how huge it had gotten. So I went to the administration again and still nothing happened. They basically said ‘OK we will deal with that parent from here on out but there is nothing we can do otherwise’ and I said ‘Well I think we should address this on a larger scale.’”

Estes said that since she shares English with a group of 120 students and three other teachers, she suggested that teachers have a conversation with the whole group to confirm that “Yes, I’m gay, and you figured it out. Here’s how we are going to deal with it.”

“The principal’s words exact words were ‘Well we don’t want you coming out unless it absolutely comes to that,’” Estes said.

Although to many Americans, there appears to be progress in visibility and legal protections for the LGBTQ community since same-sex marriage became the law in all 50 states in 2015 and films depicting queer relationships have flourished at award ceremonies, the reality is very different for queer and trans teachers. There is no federal law that gives specific protections to queer and trans workers. Only 20 states and Washington, D.C. have these protections for both queer and trans workers. California is among those states and public schools are required to teach LGBTQ history, but at Spring View, Estes still faced barriers to LGBTQ inclusion.

“There are students in my classroom that I know are queer and they’re seeing this, like, ‘Holy cow, this is happening to an adult. What would happen to me if I were out with my peers?

A 2017 Center for American Progress survey found that 36.5 percent of all people in the LGBTQ community surveyed hid a personal relationship and 62.9 percent of those who experienced some kind of discrimination hid personal relationships. In the workplace, LGBTQ people of color were more likely to hide gender identity and sexual orientation from employers than white people in the LGBTQ community. A 2017 report by the Harvard T.H. Chan School of Public Health, the Robert Wood Johnson Foundation, and National Public Radio found that one in five people in the community said they were discriminated against when being considered for a promotion, applying for a job, or looking for housing.

Estes’ experience is similar to other teachers who administrators failed to support when they were criticized by parents who disapproved of queer teachers being out in the classroom or simply acknowledging the existence of people in the LGBTQ community. Of course, one of the main differences is that Estes was outed and did not get the chance to control how people learned she is gay. But the lack of administration support once the information came out fits a pattern. A Texas elementary school teacher, Stacy Bailey, was suspended after she mentioned her wife to students. A Kentucky chorus teacher, Nicholas Breiner, lost his job a month after he came out as bisexual on Instagram, which he said he did to show LGBTQ students they are not alone. Breiner said the deputy superintendent questioned him about his sexual orientation. In 2015, a teacher read a book about two princes falling in love and dealt with significant parent backlash, but administrators did not have his back. Teachers have lost their jobs after getting married.

Estes said there is still a lot of fear among teachers in the LGBTQ community about being themselves in the classroom.

“I don’t want to categorize my district specifically at all but what I have heard from a number of teachers is that despite marriage equality being the law of the land there is still a lot of living in the shadows,” Estes said.

Estes added, “The idea that I could just offhand mention my partner and what our life is like to students — that isn’t something that just happens for gay teachers. It is a reality for many queer teachers that we might have certain legal rights but in terms of just being ourselves, I think there are a lot of unwritten rules. The assumption that my mentioning my female partner somehow that’s going to be turned into pressure for students to be gay or how-to course on gay culture.”

After harassment became worse, Estes took steps toward greater privacy on all of her personal social media accounts. But students found her professional social media and posted hateful language on a professional video on student discipline produced for her master’s program on school leadership, she said. Estes said she went to administrators again and worked on a plan for a lesson on tolerance, with administrative encouragement but without administrative help, to address the issue. Administrators didn’t approve of her approach and said they’d get back to her with revisions but didn’t. Months later, not long after a student made homophobic comments on a school project, and progress stalled yet again, she went to her union representative.

Estes said that after she went to various teachers union representatives who eventually referred her to a lawyer, she thinks some people in the community perceive her as out to make money, but she wants them to know she is doing this for the LGBTQ community.

“There are students in my classroom that I know are queer and they’re seeing this, like, ‘Holy cow, this is happening to an adult. What would happen to me if I were out with my peers?’” she said.

Thirty-three percent of LGBTQ students said they were physically harassed in the past year because of sexual orientation and 23 percent were physically harassed because of their gender, according to a 2014 survey from the Gay, Lesbian & Straight Education Network (GLSEN).

Estes said that, unrelated to the harassment issue, she mentioned the idea of starting a Gay Straight Alliance (GSA) to administrators. A GSA is a student-led group that gives students in the LGBTQ community a safe space to fully be themselves. Some schools have resisted GSAs after conservative residents and parents objected to the creation of these student-led groups. One school district’s board even considered eliminating all student groups simply to avoid the assertion that they were targeting a GSA.

Although it was not a requirement for other clubs to have administrators or counselors at meetings, Spring View said an administrator or counselor would have to be present at GSA meetings, she said.

In 2016, Estes also put up a GLSEN poster meant to affirm queer and trans students, but the school principal asked her to remove it. She followed orders. After that incident and other indications that staff may not be comfortable with talking about LGBTQ issues, Estes went back to the principal to talk about inclusion at the school. She said the principal said she would “see what the district has in mind” and in the 2017-2018 school year, she broached the issue again.

“I felt strongly that I should be able to hang up the safe space sign. So I went to principal again and said ‘I really need to hang this up’ and she said ‘I’ll look into it in the district and in the meantime don’t do anything until I have given you permission to do so’ and so I didn’t. I followed up with her and nothing happened. She never got back to me. When I approached her again, she said I’m still looking into it.”

After struggling with harassment and what appeared to be a lack of concern from administration on how to make LGBTQ teachers and students feel welcome, Estes, who has had anxiety and depression since her teens, took a mental health leave. She is still on that leave until she feels comfortable going back to work.

Community members have spoken in front of the school board to support Estes after the harassment she experienced for months. During the school board meeting earlier this month, school board president Todd Lowell said the Rocklin Unified School District will make sure that “all our students, staff and families feel welcome, safe and supported” and said Estes’ comments were one side of the story, according to ABC 10.

The Rocklin Unified School District said it could not answer all of ThinkProgress’ questions due to pending litigation. However, in response to a question about whether teachers in the LGBTQ community are expected not to be out in the classroom, Diana Capra, spokesperson for the district, responded, “The District has the same expectations of all its teachers.” When asked about the GSA issues Estes mentioned, Capra said, “While we can not comment regarding Ms. Estes specifically due to pending litigation, we can share with you there are Gay Straight Alliance groups at some of our secondary District schools. They are initiated through the regular process to start a student club.”

Capra added that its middle and high schools have wellness programs for students and staff and plan to include parent, guardian and staff resource nights around social emotional wellness strategies. She said it has sent administrators and staff to The Museum of Tolerance, which the district says help “better understand and support students and staff who are LGBTQ.” Capra said staff is implementing strategies for intervention in situations where people are being treated unfairly. The district will also roll out a plan for inclusivity in its schools “that involves engaging staff in examining belief systems and behaviors before it moves into adopting formal programs and strategies, in order to ensure enduring outcomes for our District so all students and staff feel welcome, safe and supported.”

Estes said she doesn’t want a punitive approach for students who participate in this kind of harassment. She said she wants consequences to be more in line with restorative practices that allow students to talk to each other about the hurt they’re experiencing and repair relationships. She has been working with a lawyer to reach an agreement with the school district but did not reach one at the time she spoke with ThinkProgress.
This article was originally published at ThinkProgress on June 26, 2018. Reprinted with permission. 
About the Author: Casey Quinlan is a policy reporter at ThinkProgress covering economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.


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What You Need to Know About Washington, D.C.’s Initiative 77 and the Minimum Wage

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On Tuesday, Washington, D.C., voters will have an opportunity to vote on Initiative 77, a ballot measure supported by a wide array of progressive and labor organizations that would eliminate the subminimum wage for tipped workers and give many working families a much-needed raise.

Initiative 77 would increase the tipped minimum wage to match the full wage: If it passes, the initiative would phase out the tipped minimum wage, leaving a flat $15 per hour minimum wage for D.C. workers. This would be phased in between now and 2025, giving restaurant and bar owners more than enough time to adjust to the change.

Tipped workers aren’t limited to restaurants and bars: Many other workers get tips, too, including manicurists/pedicurists, hairdressers, shampooers, valets, taxi and rideshare drivers, massage therapists, baggage porters and others. Very few of them get anywhere near the 20% standard you see in high-end restaurants and bars.

The current law is changing, but it will still leave tipped workers behind: The current minimum wage in D.C. is $12.50 an hour, with a minimum wage of $3.33 for tipped workers. If tipped workers don’t earn enough from tips to get to $12.50, employers are supposed to pay the difference. After existing minimum wage increases are fully implemented, the full minimum wage for D.C. will be $15 an hour, while the tipped minimum will increase to $5. The cost of living in D.C. is higher than every state in the United States except Hawaii.

D.C. has a particular problem with the minimum wage: As one of the places in the United States with the highest costs of living, low-wage workers are hit harder by discriminatory laws. D.C. has the largest gap in the country between its tipped minimum wage and its prevailing minimum wage. Tipped workers in D.C. are twice as likely to live in poverty as the city’s overall workforce. Tipped workers in D.C. are forced to use public assistance at a higher rate than the overall population, with 14% using food stamps and 23% using Medicaid.

Wherever tipped wage jobs exist, they are typically low-wage, low-quality jobs: Nationally, the median wage is $16.48 and tipped workers median wage is $10.22. Nationally, 46% of tipped workers receive public assistance, whereas non-tipped workers use public assistance at a rate of 35.5%. Workers at tipped jobs are less likely to have access to paid sick leave, paid holiday leave, paid vacations, health insurance and retirement benefits. Seven of the 10 lowest-paying job categories are in food services, according to the U.S. Bureau of Labor Statistics.

Tipped workers are more likely to end up in poverty: In states where the tipped minimum wage is at the federal standard of $2.13, the lowest in the country, the poverty rate for all workers is 14.5%, which breaks down to 18% for waitstaff and bartenders and 7% for non-tipped employees. What day of the week it is, bad weather, a sluggish economy, the changing of the seasons and any number of other factors completely outside of a server’s control can influence tips and make a night, a week or a season less likely to generate needed income.

The predictions of doom and gloom about raising the minimum wage or the tipped minimum wage never come true: Eight states already have eliminated the tipped wage and the restaurants in those states have higher sales per capita, higher job growth, higher job growth for tipped workers and higher rates of tipping. In fact, states without a lower tipped minimum wage have actually seen sectors where tipping is common grow stronger than in states where there is a subminimum wage. This is consistent with the data from overseas where countries have eliminated tipping and subminimum tipped wages. In states without a subminimum tipped wage, tipped workers, across the board, earn 14% higher. Increased minimum wages lead to employers seeing a reduction in turnover and increases in productivity. And, while there are certainly some exceptions, tippers in states without subminimum wage don’t tip less.

Tipped workers are more likely to be women, making lives worse for them and their families: Of the 4.3 million tipped workers in the United States, 60% of them are waiters and bartenders. Of that 2.5 million, 69% of them are women. Furthermore, 24% are parents, and 16% of them are single mothers. Half of the population of tipped bartenders and waitstaff are members of families that earn less than $40,000. Increasing the tipped minimum wage lets parents work fewer nights and have more time at home with their families. It also helps provide for a more steady, predictable income. Since 66% of tipped workers are women, a lower tipped minimum wage essentially creates legalized gender inequity in the industry. These lowest-paid occupations are majority female. More than one in four female restaurant servers or bartenders in D.C. live in poverty, twice the rate of men in the same jobs.

Harassment and objectification are encouraged by the tipped system: The stories about harassment in the restaurant industry are legion. Servers are forced to tolerate inappropriate behavior from customers in order to not see an instant decrease in income. This forces them to subject themselves to objectification and harassment. Workers in states with a subminimum tipped wage are twice as likely to experience sexual harassment in the workplace. In D.C., more than  90% of restaurant workers report some form of sexual harassment on the job. Women’s tips increase if they have blond hair, a larger breast size and a smaller body size, leading to discrimination against women that don’t have those qualities. Nearly 37% of sexual harassment charges filed by women to the EEOC come from the restaurant industry. This rate is five times higher than the overall female workforce. LGBTQ serversalso face a higher rate of harassment in order to obtain tips. Sexual harassment of transgender employees and men is also high in tipped environments. Some 60% of transgender workers reported scary or unwanted sexual behavior. More than 45% of male workers reported that sexual harassment was part of their work life, as well.

The subminimum tipped wage harms people of color: Research shows that tipping has racist impacts, too. Nonwhite restaurant workers take home 56% less than their white colleagues. Research shows that if the minimum wage had held the value it had in 1968, poverty rates for black and Hispanic Americans would be 20% lower. While many restaurants and bars claim to be race-neutral in hiring, the evidence shows that race often has an impact on who gets hired for jobs that directly interact with customers. And fine-dining environments, the ones where servers and bartenders make the most in tips, are much more likely to hire white servers and bartenders, particularly white males. Also, customers, generally speaking, tip black servers less than white servers. For instance, black servers get 15-25% smaller tips, on average in D.C.

The people behind the opposition to 77 are not worker- or democracy-friendly: Public disclosures show that the Save Our Tips campaign that opposes Initiative 77 is heavily funded by the National Restaurant Assocation. This particular NRA represents the interests of, and is funded by, big corporations, such as McDonald’s, Yum! (which owns Taco Bell, Pizza Hut & KFC), Burger King, Darden Restaurants (which owns Olive Garden, Red Lobster and others) and more. The group spends as much as $98 million to oppose minimum wage increases, safety and labor requirements and benefit increases and requirements. Meanwhile, the CEO of the NRA, Dawn Sweeney, took home $3.8 million in total compensation.

The Save Our Tips campaign is managed in part by Lincoln Strategy Group. In 2016, the group did $600,000 worth of work for the Donald Trump presidential campaign. Lincoln Strategy is managed by Nathan Sproul, a Republican consultant and former executive director of the Arizona Christian Coalition. Sproul has a history of being accused of fraudulent election-related activities, including destroying Democratic voter registration forms and creating a fake grassroots effort to undermine the Consumer Financial Protection Bureau.

Another corporate-sponsored group, the Employment Policy Institute, has come out strongly against the initiative and created a website to attack it and ROC. The Institute is the creation of Rick Berman, a wealthy corporate lobbyist who runs campaigns against public interest groups like the Humane Society and labor unions.

Up until 1996, the tipped subminimum wage had been tied into being 50% of the prevailing minimum wage. That year, legislation decoupled the two and the subminimum wage for tipped jobs has stayed at $2.13 nationally, while some states have raised it. The NRA, headed up then by former Godfather’s Pizza CEO Herman Cain, who would go on to run for president, led the charge to separate the two minimum wages.

The separate tipped minimum wage is a burden on employers and invites misuse: The system of tracking tips and wages so that employers can make up the difference is a complex one that is burdensome for employers. The system requires extensive tracking and accounting of tip flows. Not only this, employers are allowed to average tips over the course of a workweek and only have to pay the difference if the average is less than the minimum wage. Tips can also be pooled among various types of restaurant employees. Tip stealing and wage theft are hard to prove and workers are often reluctant to report them out of fear that they will be given fewer shifts or fired.

Employers frequently fail to pay the balance to their employees: While the law requires to make up the balance when tipped wages don’t reach the full minimum wage, employers often fail to do so. The Department of Labor investigated more than 9,000 restaurants and found that 84% had violated this law and had to pay out nearly $5.5 million in back pay because of tipping violations. How many didn’t get caught?

Restaurants are using union-avoidance tactics to sway employees against the initiative: Numerous reports from workers at D.C. restaurants have made it clear that not only are employers singing on to public letters and posting signs against Initiative 77, they are trying to sway their employees, too. Tactics that have been reported are straight from the union-advoidance industry. Many employers are forcing employees to listen to their opinion on the measure. Others have instructed them to evangelize to customers. Some are sending instructions to their employees on how to volunteer at the polls against the Initiative. Others have shared explicitly political videos with employees. Some managers have gone as far as to speak negatively about community organizations advocating for Initiative 77.

This blog was originally published at AFL-CIO on June 18, 2018. Reprinted with permission.


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D.C. servers and bartenders say the tipped wage system isn’t working for them

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A ballot measure in Washington, D.C. that would raise the minimum wage for tipped workers has been at the center of a heated debate in the restaurant industry.

Tipped workers in the city currently receive a base wage of just $3.33 an hour. On June 19, D.C. voters will vote on whether to change that. Initiative 77 would raise those workers’ minimum wage gradually, so that it matches the city’s minimum wage by 2026.

Bartenders and servers who spoke to ThinkProgress said they support the ballot measure because they want to have a more consistent income and feel less susceptible to putting up with harassment. But there’s a lot of misinformation out there.

The heated debate over Initiative 77

Over the last few months, “Save Our Tips” signs have been spotted inside restaurants and in windows throughout the city due to the opposition from many employers in the restaurant industry.

Last year, the Restaurant Association of Metropolitan Washington (RAMW) created a committee called “Save Our Tip System Initiative 77” to campaign against and spend money on legal challenges against the initiative. The committee is managed in part by the Lincoln Strategy Group, which was responsible for canvassing work for Trump’s presidential campaign, according to The Intercept. The campaign has also received donations from many restaurant groups, including the National Restaurant Association, which successfully lobbied against increasing the minimum wage for tipped workers in the 1990s. The group gave the campaign $25,000 of the $58,550 it has raised so far, The Intercept reported.

“Servers are compensated very well,” Kathy Hollinger, the president of the Restaurant Association of Metropolitan Washington, told WAMU last year. “They make far more than minimum wage because of the total compensation structure that works for a server.”

Most of the servers and bartenders ThinkProgress spoke to said employers oppose Initiative 77 and made their views known. Some employers have even gone so far as to advocate against the ballot measure in discussions with servers and to ask them to tell customers about the measure.

On the other side of the debate are the D.C. branch of Restaurant Opportunities Center United (ROC) — which is in charge of the national One Fair Wage Campaign to get rid of the tipped wage system — and many workers who the ballot initiative actually affects.

Although under law, tipped workers are supposed to receive the minimum wage, they say enforcement is another issue entirely. (Workers spoke to ThinkProgress on the condition that we do not publish their real names, out of fear of retaliation from their employers.)

Jamie, who works at a midsize restaurant in Petworth said, “Theoretically, we already have that level playing field, because restaurants are obligated to make up the difference if wage and tips doesn’t come out to minimum wage for workers, but most restaurants are non-compliant and don’t explain this policy to workers.”

Melissa, who works as a server at a restaurant on U Street, said it’s about making things more consistent and enforceable.

“I just think everyone should have that security of knowing they are going to have that paycheck that is going to equal at least a certain amount and it’s a lot more easy to enforce,” she said. “We’ll have tips on top of that and the service as we know it isn’t going to change.”

Michelle, who works as a bartender, said there are Save Our Tips signs on the walls and windows of the restaurant she works at. The restaurant group that owns the restaurant she works for, sends a weekly newsletter to employees, which provides links to instructions on how to volunteer at polls and anti-Initiative 77 videos.

She has heard from servers that they are encouraged to talk to customers about it and “make sure they know the server are against it and that it affects their livelihood and that they should vote against it.”  

Jamie said their employer posted signs that read “NO on 77” and encouraged workers to vote against it. “My managers have also made a point to speak negatively of community organizations that advocate for [Initiative] 77,” they said.

Melissa said she doesn’t have a problem with restaurant owners making their views known as long as they aren’t “lecturing workers on company time” about the ballot measure or spreading misinformation.

“This Save Our Tips campaign has so much fear mongering and misinformation. People believe so many inaccurate ideas because their bosses have said, ‘This is what’s going on,’” she said. “I just think they should have the correct information. I don’t think that’s happening right now.”

Melissa said she thinks workers are being misled when they’re told by employers that people will go eat in Virginia or Maryland instead or that restaurants will close, when in reality, the ballot measure allows the change to take effect gradually. She said some people have told her that they believe ROC is a union and that they will have to pay union dues.

“It’s just a shame they’re being given so many reasons to be afraid,” she said.

NAJ said a lot of people who support the ballot measure are afraid to say anything at their workplace for fear of retaliation.

“Some of those employees are doing so by choice, either because they’re against it or don’t understand it,” they said. “A lot of them can’t come out in support of it because they could lose their livelihoods. They could lose their jobs.”

Many places have already gotten rid of the subminimum wage for tipped workers, including California, Minnesota, Hawaii, Montana, Oregon, Alaska, Washington, and Nevada, and a number of cities. According to the Economic Policy Institute, poverty rates for servers and bartenders are much lower in states that don’t allow a subminimum wage.

Michelle moved to D.C. from California, where they got rid of the subminimum wage, and said she shares her experience working in California with other tipped workers.

“The differences have been pretty striking to me in terms of take-home money, the consistency of a paycheck or the consistency of what I make in a week to two weeks, and also the overtime that is expected of you in a non-tipped wage state,” she said. “I’ve really noticed the difference.”

Michelle said she has asked coworkers who wear No on 77 buttons to tell her more about their opposition to the ballot initiative.

“They’re like, ‘I don’t want to lose my tips’ and I’m like, ‘Oh is that what you believe is going to happen?’ and they say yes. I ask where they’re getting their information from. The only source they have is management and coworkers,” she said. “But they seem to be responsive when I tell them how it was for me when I worked in California and I had a regular paycheck. It wasn’t paying much but at least I could depend on the paycheck every couple weeks that I knew was coming and it was a consistent income as opposed to one week making a difference of $200 to $300 dollars a week depending on tips.”

Workers in support of Initiative 77 say the most privileged voices are the loudest

Servers and bartenders ThinkProgress spoke to said that although some tipped workers who oppose Initiative 77 seem uninformed, others appeared to oppose it because they benefit the most from the current system.

“Most of the white male bartenders I work with are very strongly anti-77,” Michelle said. “Mostly men and white guys are becoming voice of No on Initiative 77 and they are the loudest voice speaking for tipped workers. They aren’t my voice. And the people of color I know in the industry, they are not their voice either.”

NAJ said they don’t see enough people from marginalized groups represented in the debate in the media over Initiative 77.

“The idea that the experience of highest-tier people making the most money should be the representative experience is insulting to people who work in these positions who, for whatever reason, could not move into field of choice because of marginalized identities or whatever it is,” they said. “They are having their livelihoods affected by policies and by business models that literally privilege already privileged people.”

Melissa said people’s opinions seem to be divided along class lines, with people who make more money in the industry opposing the initiative, whereas people who suffer more from wage theft, make lower tips, and work several jobs tend to support it.

“They’re the ones being hurt by the current system,” she said.

Sexual harassment, queerphobia, and racism also needs to be part of the discussion on Initiative 77, servers and bartenders say.

ThinkProgress spoke to queer tipped workers, tipped workers of color, and tipped workers who have experienced sexual harassment. Although servers acknowledge that Initiative 77 won’t eliminate discrimination and sexual harassment from customers, they won’t be as worried about customer biases and behaviors affecting their ability to pay rent or buy groceries — or their ability to push back against harassment.

“I have been kissed by customers against my will. I have been groped. I have had my ass grabbed while I was pouring wine for a table,” Melissa said. “I have had so much inappropriate behavior that I was expected to put up with both by customers and by management because hey, it was a slow night and I needed the money so I guess I’m going to let you grope me if you’re going to tip me.”

Melissa said that even with tables she feels more comfortable talking to, she worries about outing herself as queer because she doesn’t know how her customers will feel.

“I have friends who present queer, much more than I do, who have faced discrimination from customers. I don’t want that to happen to me,” she said.

“White men consistently get tipped better than people of other races and genders — I don’t just mean statistically, but I mean that my own experiences have shown this to be the case,” Jamie said.

Michelle said, “As a bartender you’re likely to let a lot more stuff slide that you would otherwise call people out on when you know you’re not as dependent on tips.”

NAJ, who identifies as a Black femme, said, “I most certainly won’t be tipped by a homophobe or someone who is racist. Disabled workers experience this and transgender servers and bartenders experience this.”

“One of the arguments against 77 is that it will affect highest tipped workers in the business,” they added. “Many of them are from privileged groups, usually white men, usually straight appearing, and conventionally attractive and so they’re able to exploit a system that oppresses a certain class in order to make what they consider to be a fair wage. But a black trans woman working at IHOP can’t make anywhere near that.”

This article was originally published at ThinkProgress on June 12, 2018. Reprinted with permission. 

About the Author: Casey Quinlan is a policy reporter at ThinkProgress covering economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.


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