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Shrugging Off Anti-Union Campaign, New York Times Tech Workers See a Chance to Make History

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Hamilton Nolan - In These Times

Times workers plan to ride the media union wave right onto a bigger wave of tech organizing.

In April, more than 650 tech workers at the New York Times announced that they were unionizing with the NewsGuild, forming what would instantly become one of the biggest unions of tech workers in America. Times management refused to voluntarily recognize the union, a break that could be a harbinger of more hostile labor relations throughout the media industry. But the tech workers remain supremely confident that they will prevail?—?and they are already contemplating the start of a much bigger union wave in the broader tech industry. 

For the past six years, newsrooms have been unionizing at a rapid clip, making the media one of the labor movement’s bright spots. Most of those unions, though, consist solely of journalists and other workers on the editorial side of publications. It has not gone unnoticed that everywhere that has a media union also has a large group of tech workers who could potentially be organized as well. For unions, tech-side employees of media companies represent both an obvious way into the mostly non-union tech industry, and a chance to further consolidate power for workers inside of companies that are already partly unionized. In this context, the NYT Tech Guild marks an important strategic step for the labor movement in two powerful industries.

Organizing among Times tech workers began about two years ago, according to Goran Svorcan, a senior software engineer who was involved from its early stages. The pandemic delayed the effort, but the work continued with help from organizers at the NewsGuild, which has long represented the Times newsroom. Svorcan had never been in a union before, but says that it seemed like the ?“logical next step” in addressing employee concerns. Contrary to common stereotypes about why tech workers and engineers have not widely organized (because they are too libertarian-minded, or because they are an individualistic culture), Svorcan believes that unions are in line with the public-minded ideals of early internet pioneers?—?ideals that faded as the industry became rich and powerful. ?“It’s kind of a proto-organizing model in a way,” he says of the collaborative nature of much of software engineering. ?“Seeing other people as allies, not [being on] a remote island is something I think is core to the early tech visions.” 

Kathy Zhang, a senior manager of audience analytics at the Times who was also involved from the very beginning of the organizing campaign, says that she and her colleagues have always been conscious of playing a part in spreading unionization in tech, even listening to the oral history of the Kickstarer union drive for inspiration. ?“One amazing result of our union going public has been seeing other underground tech unions inviting us to their organizing meetings. Tech is an industry ripe for unionization,” Zhang says. ?“We’re excited to be the largest majority tech union in the country, but we’ll be even more ecstatic to pass that torch onto the next tech workers to unionize!” 

Indeed, the tantalizing possibility of organizing the tech workers at all of the media companies that were being swept up in their own modern union wave occurred to Nozlee Samadzadeh years ago, when she helped her then-colleagues at Vox Media unionize?—?an editorial union that she, as a tech worker, was not eligible for. When she joined the Times as a senior software engineer in 2020, she got her chance. ?“It was something I felt so strongly about. I wanted to believe that tech workers could unionize,” she says. ?“It was inspiring to people when they realized we could do something about our health insurance, or about diversity, that wasn’t just asking management for something, or being part of a management-sponsored committee.” 

As is often the case, tech workers at the Times found when they started speaking to coworkers that there were a remarkably common set of issues that people wanted to address: pay equity, improving diversity, better health insurance, improved career development, and the end of at-will employment. The company’s refusal to voluntarily recognize the union, and instead to demand a formal NLRB election?—?despite voluntarily recognizing a similar union at the company’s Wirecutter division in 2019, and despite the paper having editorialized in favor of voluntary recognition?—?caused surprise and disappointment among the workers themselves, who say that they expected better from the purportedly liberal institution. Instead of open arms, however, they have received an overt anti-union campaign from management, complete with mandatory ?“captive audience” meetings and insinuations that a union could cost employees the benefits they already have. 

New York Times Co. spokesperson Daniell Rhoades Ha says that contrary to the ?“overwhelming support” for a union at the Wirecutter, ?“In this case, we heard, and continue to hear, a significant amount of reservations and uncertainty among our technology and digital teams about what a union would mean for them. It is clear to us that our colleagues want more information in order to determine the best path for their future and want the opportunity to have a vote on the matter, rather than the company making the decision to recognize the proposed new unit.”

It is a familiar justification for an anti-union campaign, and one that Samadzadeh characterizes as ?“concern trolling… well-meaning, paternalistic, pretending that they have a care for our welfare.” She rejects the company’s overt nod to the idea that tech workers are somehow different from other employees who have unionized in the past. ?“We’re workers,” she says. ?“The problems we have are very similar to the ones in the newsroom.” 

As it stands, members of the NYT Tech Guild say they are continuing to organize and collect union cards as the polite-but-insistent anti-union campaign from management grinds on. (They will not disclose the number of union cards they have collected so far.) There is no date for the formal NLRB election yet, but if history is any guide, the company’s insistence on drawing out the process will not succeed?—?virtually all of the media union drives in recent years that have faced anti-union campaigns have succeeded anyhow. And the tech workers at the Times are propelled by an extra sense of historical importance. 

“Institutions like The Times are still figuring out how to support career pathways that don’t rely on elite universities. Our union can speed up that progress, benefitting my coworkers and the next generation of Times tech workers,” says Bön Champion, a senior product designer who is on the Tech Guild’s organizing committee. ?“If we make this the decade where laborers in this country organize and realize their collective power, I think there’s a lot to be hopeful about. In tech specifically, our pay and benefits are largely a reflection of a competitive workplace with Big Tech at the forefront. Which means the conditions of our work are largely trickling down from Silicon Valley. If tech organizing spreads, instead those conditions will be set by the workers themselves, in their own offices and communities.”

This blog originally appeared at In These Times on June 29, 2021. Reprinted with permission.

About the author: Hamilton Nolan is a labor reporter for In These Times. He has spent the past decade writing about labor and politics for Gawker, Splinter, The Guardian, and elsewhere.


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Google employees demand company do something about sexual harassment and pay inequality

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All over the world, employees at Google are demonstrating that they won’t tolerate sexual harassment, low pay, and other poor working conditions. Google workers in  London, Zurich, Dublin, Berlin, Tokyo, and Singapore organized walkouts on Thursday. U.S. workers in New York, Atlanta, Chicago, Seattle, San Francisco, and Mountain View, California have also walked out.

Workers were responding to a New York Times article from last week that showed the tech company paid millions of dollars to male executives who were accused of sexual harassment and kept it a secret. One of these executives, Andy Rubin, was given a $90 million exit package despite a woman’s credible claims of sexual violence.

Google staff have decided to leave notes on their desks that read, “I’m not at my desk because I’m walking out with other Googlers and contractors to protest sexual harassment, misconduct, lack of transparency, and a workplace culture that’s not working for everyone,” according to the BBC.

According to a 2017 Women in Tech survey, 53 percent of female tech employees said they had experienced harassment when working in tech and 63 percent of women said it happened two or three times. Twenty three percent of women who experienced harassment said they reported the incident to senior leadership and 16 percent reported it to HR. Thirty-five percent of those workers who reported said they suffered repercussions and only 9 percent said their harassers experienced consequences for their actions.

Workers also have a specific set of demands for management, including a commitment to end pay and opportunity inequality, disclosure of sexual harassment to the public, an inclusive process for reporting sexual misconduct safely and anonymously, having the chief diversity officer answer directly to the CEO, appointing an employee representative to the board, and ending forced arbitration in cases of harassment and discrimination. The latter demand would apply to both current and future workers at Google. The chief diversity officer would also make recommendations directly to the Google’s board of directors.

Issues such as forced arbitration and nondisclosure agreements have received more attention after a slew of news stories broke last year showing powerful men had long histories of sexual harassment and violence — and that for decades, they got away with it.

In October, Rep. Jerrold Nadler (D-NY) and Rep. Bobby Scott (D-VA) introduced legislation that would ban mandatory arbitration and class and collective action waivers in labor matters. Earlier this year, Sens. Kamala Harris (D-CA) and Lisa Murkowski (R-AK) introduced a bill to prohibit certain kinds of nondisclosure agreements (NDAs) that aid to silence sexual harassment victims.

Brenda Salinas, a Google employee in London, told The New York Times that although she did not participate in the walkout due to an injury, she supported it.

“Last week was one of the hardest weeks of my yearlong tenure at Google, but today is the best day. I feel like I have thousands of colleagues all over the world who like me, are committed to creating a culture where everyone is treated with dignity,” she told the Times.

Sundar Pichai, the company’s chief executive, said on Wednesday that “Employees have raised constructive ideas for how we can improve our policies and our processes” and that “We are taking in all their feedback so we can turn these ideas into action.”

Google workers have been trying to address issues of inequality and gender and racial biases in their workplace for years. One example of this tension is the 10-page memo authored by James Damore that was circulated throughout the company last year and that opposed hiring that considered racial and gender diversity in tech. Damore suggested that women were biologically unsuited for advancement in tech and listed personality traits he said women have more of. Damore wrote, “Neuroticism (higher anxiety, lower stress tolerance). This may contribute to the higher levels of anxiety women report on Googlegeist and to the lower number of women in high stress jobs.”

Damore was eventually fired in August of last year, after the memo was leaked to the press. Last year, the Department of Labor also reviewed a sample of compensation data for Google. The department  has accused the Google of “extreme” discrimination against female employees and said there is a “systemic” gap in pay between men and women at company. Google has resisted giving the department all the data it has on the matter, and in July of last year, an administrative law judge sided with Google and said the request was “unduly burdensome.”

Now there is a revised gender-pay class action lawsuit against Google that adds a complainant and says Google asked people for their prior salaries before hiring them, according to TechCrunch. California recently passed a law that doesn’t allow employers to ask applicants about their previous salaries. If someone discloses that information without being asked, the employer is not supposed to consider it when deciding how much they should be paid. On Friday, the class action moved forward with a hearing in San Francisco.

Google spokesperson Gina Scigliano told TechCrunch in January, “We disagree with the central allegations of this amended lawsuit … We work really hard to create a great workplace for everyone, and to give everyone the chance to thrive here.”

Across the world, employees are showing Google they disagree.

This article was originally published at ThinkProgress on November 2, 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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The utterly nonsensical way NFL cheerleaders must live their lives comes out in discrimination suit

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It’s no secret that NFL cheerleaders are underpaid, undervalued, and held to ridiculous beauty standards by NFL organizations.

But on Sunday, the New York Times published an infuriating report that reveals that some teams exert almost maniacal control over both the public image and personal lives of cheerleaders — all based on toxic, outdated notions of how both men and women should behave.

The article tells the story of Bailey Davis, a former New Orleans Saints cheerleader who has filed a complaint with the Equal Employment Opportunity Commission. The main issue at hand involves the restrictions that NFL teams routinely put in place barring players from fraternizing with their respective team’s cheerleaders. As it turns out, the Saints are so particularly worried about the matter that they put the impetus fully on the cheerleaders to avoid NFL players in all social situations, be it on social media, at a restaurant, or at a party.

In her complaint, Davis claims she was fired by the Saints for posting a photo of herself in a one-piece bathing suit on her private Instagram and for attending a party at which Saints players may have been in attendance. On the latter charge, Davis denies that she violated any team regulation. But as the report makes clear, undertaking a good faith effort to avoid NFL players in this fashion may simply be an unreasonable thing to expect of anyone.

According to the Times, keeping themselves away from NFL players on social media and in person is a never-ending job for Saints cheerleaders, who are considered part-time, contract employees, and barely earn minimum wage.

Cheerleaders are told not to dine in the same restaurant as players, or speak to them in any detail. If a Saints cheerleader enters a restaurant and a player is already there, she must leave. If a cheerleader is in a restaurant and a player arrives afterward, she must leave. There are nearly 2,000 players in the N.F.L., and many of them use pseudonyms on social media. Cheerleaders must find a way to block each one, while players have no limits on who can follow them.

These rules are offensive on multiple fronts. First of all, they put sole responsibility for behavior on the women, making it their duty to ensure they don’t in any way “tempt” football players. It also insinuates that their mere presence is an enticement of sorts, that they’re inviting sexual attention or even harassment merely by living their lives or posting pictures on social media.

It also paints NFL players as men who lack self-control, the ability to behave properly around women, or the capacity to follow simple rules.

The difference in rules and regulations between men and women is the crux of Davis’s EEOC gender discrimination complaint. In the suit, she argues that she qualifies as “NFL personnel,” which means the NFL’s personal conduct policy applies to her as well as her fellow cheerleaders.

That same personal conduct policy prohibits any discrimination based on race, color, religion, sex, national origin, age, disability, or sexual orientation. Davis asserts that because the rules governing both social media use, as well as who is allowed to be with whom in public, are restrictions that are only placed on cheerleaders. As the team cheerleaders are all women, Davis argues that this is a form of discrimination.

“If the cheerleaders can’t contact the players, then the players shouldn’t be able to contact the cheerleaders,” Sara Blackwell, Davis’s lawyer, told the Times. “The antiquated stereotype of women needing to hide for their own protection is not permitted in America and certainly not in the workplace.”

This article was originally published at ThinkProgress on March 26, 2018. Reprinted with permission.

About the Author: Lindsay Gibbs is a sports reporter at ThinkProgress.


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Hollywood stars donate millions to empower more women to speak out against sexual assault

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A group of 300 powerful Hollywood women launched an anti-sexual harassment initiative on Monday. The effort is billed as an expansion of the “Me Too” movement, in which women are speaking out against sexual misconduct claims by men at high levels of entertainment, government and media.

The initiative, called Time’s Up, brings together “prominent actresses and female agents, writers, directors, producers and entertainment executives” to fight fight systemic gender inequality in both Hollywood and “blue-collar workplaces” nationwide, according to The New York Times. Its founding members include actresses America Ferrera, Natalie Portman, Rashida Jones, Emma Stone, Ashley Judd, Eva Longoria, Kerry Washington, and Reese Witherspoon; lawyer Tina Tchen, Michelle Obama’s former chief of staff; co-chairwoman of the Nike Foundation, Maria Eitel; and various other showrunners and industry lawyers.

In a letter on Monday — published as a full-page ad in both the Times and the Spanish-language paper La Opinion — the group’s leading members explained that such inequality “fosters an environment that is ripe for abuse and harassment” that can no longer be ignored.

“Unfortunately, too many centers of power — from legislatures to boardrooms to executive suites and management to academia — lack gender parity and women do not have equal decision-making authority,” they wrote. “…The struggle for women to break in, to rise up the ranks and to simply be heard and acknowledged in male-dominated workplaces must end; time’s up on this impenetrable monopoly.”

The group called for a “significant increase of women in positions of leadership and power” across various industries, “equal representation, opportunity, benefits, and pay”, and “greater representation” for women of color, immigrant women, and LGBTQ women.

Time’s Up has also established a legal defense fund, housed and administered by the National Women’s Law Center, which provides subsidized legal support to those “who have experienced sexual harassment, assault, or abuse in the workplace.” According to the Times, the fund is backed by $13 million in donations and is intended for less-privileged women and men who may suffer retaliatory action as a result of coming forward about sexual harassment or assault.

The group has additionally partnered with several leading advocates in order to “improve laws, employment agreements, and corporate policies” and “enable more women and men to access our legal system to hold wrongdoers accountable.”

“It’s very hard for us to speak righteously about the rest of anything if we haven’t cleaned our own house,” TV producer and screenwriter Shonda Rhimes, one of the leaders of the initiative, said in an interview with the Times. “If this group of women can’t fight for a model for other women who don’t have as much power and privilege, then who can?”

Time’s Up comes as a response to criticism levied against Hollywood for not doing more to address victims’ voices and concerns. In December, a call for Golden Globe attendees to wear all black in protest of sexual misconduct was criticized as empty symbolism.

Actress Rose McGowan, who has been at the forefront of the #MeToo movement, blasted the decision in a tweet, calling it hypocritical.

“Actresses, like Meryl Streep, who happily worked for The Pig Monster [Harvey Weinstein], are wearing black @GoldenGlobes in a silent protest. YOUR SILENCE is THE problem,” she wrote. “You’ll accept a fake award breathlessly & affect no real change. I despise your hypocrisy. Maybe you should all wear Marchesa.”

This article was originally published at ThinkProgress on January 1, 2018. Reprinted with permission. 

About the Author: Melanie Schmitz is Associate Editor at ThinkProgress, and previously worked for Bustle and Romper. 


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The Blue-Collar Hellscape of the Startup Industry

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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Stop asking women to change to make men feel comfortable in the workplace

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Numerous women have said that film producer Harvey Weinstein sexually harassed or raped them. But rather than blaming the man responsible for the sexual assault, conservative commentators, former White House officials, and journalists alike are turning their focus on eliminating interaction between men and women.

Last week, the New York Times published an investigation on the experiences of actresses who were alone with Weinstein and the allegations of sexual harassment and sexual assault against Weinstein, which occurred over the span of three decades. On Tuesday, The New Yorker published an article detailing the experiences of multiple women in excruciating detail. It also exposed the ways in which the industry protected Weinstein and how his employees helped him meet women, despite their discomfort in doing so.

Weinstein has been fired from the company he co-founded, and A-list celebrities, such as Meryl Streep, Viola Davis, Judy Dench, George Clooney, and Jennifer Lawrence, have spoken out against him and his treatment of women he worked with. On Tuesday, Weinstein’s wife of a decade, Georgina Chapman, said she’s leaving him. On the surface level, it seems that Weinstein’s career is over and that his accusers have found justice. But the response to the Weinstein sexual harassment reports proves that instead of putting blame where it belongs — on sexual predators — some men are still interested in blaming women and their presence in the office for their own abuse.

Former deputy assistant to President Donald Trump, Sebastian Gorka, tweeted that all of these sexual assaults could have been avoided if Weinstein simply didn’t meet with women one-on-one. He referred to Vice President Mike Pence’s rule of not eating alone with any woman other than his wife, Karen, and suggested if Weinstein simply hadn’t met with women alone, he wouldn’t have assaulted them.

Gorka’s tweet laid bare the real argument that is being made when men say they can’t be alone with women. It perpetuates the cultural pretense that when men are sexually violent, it is simply an impulsive mistake, a part of their nature that they can’t control, instead of a decision they made to prey on particular women they know they can control or whose reports won’t later be believed. The New Yorker’s investigation into Weinstein’s alleged sexual assaults clearly shows that his decisions were calculated and followed a pattern. For example, Weinstein reportedly used female executives to give the women he harassed a false sense of security before he met with them alone. The New Yorker piece read:

Some employees said that they were enlisted in subterfuge to make the victims feel safe. A female executive with the company described how Weinstein assistants and others served as a â€honeypot’—they would initially join a meeting, but then Weinstein would dismiss them, leaving him alone with the woman.

Other men noted that women shouldn’t have met with Weinstein in hotel rooms, as if Weinstein didn’t also sexually assault women in his own place of business.

Weinstein used every tool available to him to manipulate women into meeting with him, including his colleagues and the impunity he enjoyed at his workplace. One of Weinstein’s producers told a woman that she was meeting several people for a Miramax party at a hotel, but when the woman arrived and the producer led her to the room, Weinstein was the only person there, according to the New Yorker. Weinstein also reportedly sexually assaulted a woman during daylight hours inside his Miramax office. He expected that some of the women he harassed and assaulted would speak out, and he made the consequences clear to them. The reporting on Weinstein shows that he is a man who knew how to intimidate and control women to force himself on them and keep them silent. There is nothing accidental about it. He was inventive, cunning, and powerful enough that a formal workplace culture never would have stopped him from sexually assaulting women.

Still, none of these details have stopped people from suggesting that a different kind of workplace would have solved the Harvey Weinstein problem and magically stop men from sexually harassing women. Josh Barro, a senior editor at Business Insider, wrote that the real problem is fun office cultures. Barro wrote for Business Insider:

But there are industries with cultures that involve after-hours social activities that blur the lines between business and leisure and can easily appear inappropriate for colleagues who could be suspected of sexual involvement.

Barro doesn’t think that getting rid of after-hours socializing will hurt women. He thinks it will break up all-male networks. To that, I laugh heartily. Men may not go to official after-hours events that their boss encourages them to attend, but such a ban certainly doesn’t prevent men from meeting with each other after work (and why should it?). The only result is that there isn’t an official employer-endorsed space for both men and women to gather. If women already feel shamed for meeting with men alone, it certainly won’t help for employers to make mixed-gender socializing seem strange, or even harmful.

In response to the Times piece detailing men’s concerns about accusations of sexual harassment or the “appearance of impropriety,” Barro wrote that instead of dismissing these men’s fears, the whole office culture must adapt to them and their concerns. He said it requires more than “just the hand wave of â€don’t harass women, it’s simple.’”

But it is that simple. The office culture that needs to be destroyed is not one that has happy hours. It’s one that has no real system of accountability for powerful men who could easily crush the careers of their subordinates. The reports about Weinstein follow a series of high-profile sexual harassment cases across a range of industries over the last year, including Fox News personalities, actors, musicians, and Silicon Valley investors and executives.

Still, Barro isn’t alone. The flurry of reports of sexual harassment have caused some men to decide to avoid one-on-one interactions with women altogether. As one orthopedic surgeon told the New York Times, “I’m very cautious about it because my livelihood is on the line. If someone in your hospital says you had inappropriate contact with this woman, you get suspended for an investigation, and your life is over. Does that ever leave you?”

The men interviewed didn’t mention the effects sexual harassment has on the career of the women who come forward, nor did they appear to understand the career risks women take to report sexual harassment. If they did, they might understand that it is not a flippant choice. By saying they’re not interested in interacting with women because they’re scared of sexual harassment allegations, these men demonstrate one of the main reasons why women don’t come forward with allegations sooner: they don’t want to be shut out of career opportunities.

Unfortunately, this view is all too common. A 2010 Center for Talent Innovation study found that almost two-thirds of male executives said they stopped having one-on-one meetings with junior female employees because they feared that people would think they were having an affair. Nearly two-thirds of people interviewed for a May poll by Morning Consult said people should take caution when meeting with people of the opposite sex at work. Fears that other people may view their meetings as improper stop the majority of senior men from meeting with women, even though women’s careers benefit from having sponsors.

Demanding that entire industries that revolve around evening cocktails and building relationships with colleagues outside of work hours stop all off-hours socialization is unrealistic, but even if it were possible, it still wouldn’t prevent sexual harassment. Weinstein himself met with women in a variety of settings, but he also found ways to cleverly shift where and when meetings would take place. The former assistants and executives mentioned in the New Yorker piece, some of whom facilitated the meetings, said there was a “culture of silence” around sexual assault.

Other sexual harassment allegations show that men don’t need social events or “fun” workplace atmospheres to harass women. Regarding a sexual harassment case at SoFi, an online personal finance company, the plaintiff said that he saw his manager put “explicit sexual innuendo and statements into normal workplace communications.” A former Fox News host, Eric Bolling, was accused of sending lewd photos to his female colleagues via text message in August. Should male colleagues no longer send professional communication to all co-workers or have their female colleagues’ phone numbers? That would be ludicrous. The best solution is for men to be as considerate to their female colleagues as they are to their male colleagues, to no longer shut them out of business meetings for the sake of “appearances,” and to work to create an environment that supports their female colleagues when they do come forward with harassment allegations.

Here’s another thought: They could also stop sexual harassing women.

This blog was originally published at ThinkProgress on October 11, 2017. Reprinted with permission.

About the Author: Casey Quinlan is a policy reporter at ThinkProgress. She covers 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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The Trump administration is quietly making it easier to abuse seniors in nursing homes

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The Trump administration is poised to undo rules issued by the Obama administration last year to protect seniors from a common tactic used by businesses to shield themselves from consequences for illegal conduct.

Under these rules, issued last September, Medicare and Medicaid would cut off payments to nursing homes that require new residents to sign forced arbitration agreements, a contract which strips individuals of their ability to sue in a real court and diverts the case to a privatized arbitration system.

But last month, the Trump administration published a proposed rule which will reinstate nursing homes’ ability to receive federal money even if they force seniors into arbitration agreements.

Forced arbitration can prevent even the most egregious cases from ever reaching a judge. According to the New York Times, a 94 year-old nursing home resident “who died from a head wound that had been left to fester, was ordered to go to arbitration.” In another case, the family of a woman who suffered “two spine fractures from serious falls, a large, infected ulcer on her heel that prevented her from walking, incontinence from not being able to get to the bathroom, receding gums from poor hygiene assistance, and a dramatic weigh loss from not being given her dentures,” was also sent to an arbitrator after they sued the woman’s nursing home alleging neglect.

Moreover, as law professor and health policy expert Nicholas Bagley notes, arbitration tends “to favor the repeat players who hire them—companies, not consumers.” Several studies have found that forced arbitration typically produces worse outcomes for consumers and workers. An Economic Policy Institute study of employment cases, for example, found that employees are less likely to prevail before an arbitrator, and that they typically receive less money if they do prevail.

The Obama-era rules were never allowed to take effect. Shortly after the regulations were announced, a George W. Bush-appointed judge in Mississippi issued a decision blocking the rule—although Judge Michael Mills did caveat his order by stating that “this case places this court in the undesirable position of preliminarily enjoining a Rule which it believes to be based upon sound public policy.”

Important parts of Mills’ opinion rely on dubious reasoning. At one point, for example, he cites a doctrine limiting the federal government’s power to use threats of lost funding against state governments in order to impose similar limits on federal efforts to encourage good behavior by private actors.

But let’s be honest. If the Trump administration wasn’t preparing to end the Obama-era rule, conservatives on the Supreme Court most likely would have done so themselves.

Prior to Justice Antonin Scalia’s death, the Supreme Court’s Republican majority took such a sweeping and expansive view of companies’ power to use forced arbitration that it is likely the Obama administration’s rules would have been struck down in a 5–4 decision. Now that Neil Gorsuch occupies Scalia’s seat, Republicans once again have the majority they need to shield arbitration agreements.

In the alternative universe where the winner of the popular vote in the 2016 presidential election was inaugurated last January, Justice Merrick Garland was likely to provide the fifth vote to uphold the Obama-era rule. But we do not live in that universe. And neither do the many elderly nursing home residents who will be worse off thanks to the Trump administration.

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

About the Author: Ian Millhiser is a senior fellow at the Center for American Progress and the editor of ThinkProgress Justice. He received his JD from Duke University and clerked for Judge Eric L. Clay of the United States Court of Appeals for the Sixth Circuit. His writings have appeared in a diversity of publications, including the New York Times, the Guardian, the Nation, the American Prospect and the Yale Law & Policy Review.


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Corporate Rewards: Controlling U.S. Trade Policy

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Leo GerardReal men, real human beings, with feelings and families, fought and died at Gettysburg to preserve the Union, to ensure, as their president, Abraham Lincoln, would say later, that “government of the people, by the people, for the people, shall not perish from the earth.”

Perversely, afterwards, non-humans commandeered the constitutional amendment intended to protect the rights of former slaves. Corporations wrested from the U.S. Supreme Court a decision based on the 14th Amendment asserting that corporations are people with rights to be upheld by the government – but with no counterbalancing human responsibilities to the republic. No duty to fight or die in war, for example. Earlier this year, the Supreme Court expanded those rights – ruling that corporations have a First Amendment free speech right to surreptitiously spend unlimited money on political campaigns.

Today, Lincoln would have to say America’s got a government of the people by the corporations, for the corporations.

The proposed trade agreement with South Korea illustrates corporate control of government for profit. It’s the same with efforts to revive the moribund trade schemes former President George W. Bush also negotiated with Panama and Colombia, the world’s most dangerous country by far for trade unionists, with 2,700 assassinated with impunity in the past two decades, 38 slain so far this year.

Nobody likes these trade deals – except corporations. They’re all modeled on the North American Free Trade Agreement (NAFTA) and the Central American Free Trade Agreement (CAFTA), both of which killed American jobs while giving corporations new authority to sue governments (read: taxpayers) for regulations – like environmental standards – that corporations contend interfere with their right to make money.

The Economic Policy Institute estimates that the South Korea so-called Free Trade Agreement (FTA) would cost America 159,000 jobs and enlarge its trade deficit by $16.7 billion in its first seven years.

Americans, now suffering though corporate-caused 9.6 percent unemployment, know a deal when they see one – and the South Korea FTA is not one. In a September poll by NBC News and the Wall Street Journal, 53 percent of Americans said so-called free trade agreements have injured the country. Only 17 percent said those trade schemes benefited the United States. Disgust with these deals spans party lines, including Tea Partiers, 61 percent of whom said they’re bad for America.

Many politicians, particularly Democrats, abhor the schemes as well. In July, just after President Obama announced that he would try to get the South Korea pact passed, 110 House Democrats described their disdain for the deal:

“We oppose specific provisions of the agreement in the financial services, investment, and labor chapters, because they benefit multi-national corporations at the expense of small businesses and workers.”

In addition, during this fall’s midterm election campaign, 205 candidates, Republican and Democrat, ran on platforms condemning job off-shoring and unfair trade, and house Democrats who ran on fair trade were three times as likely to survive the GOP “shellacking” as Democrats who supported so-called free trade schemes.

Significantly, the South Korean public and some South Korean politicians also oppose the trade proposal. In the week leading up to the G-20 meetings in Seoul, trade unionists, farmers, peasants and students filled the streets in marches and candle light vigils to express outrage with the proposed agreement, including its provisions giving U.S. corporations the right to challenge South Korean laws in private tribunals.

In October, 35 South Korean lawmakers joined 20 U.S. Representatives in writing President Obama and Korean President Lee Myunk-bak to protest the proposal.

Despite all that opposition, when Obama and Lee emerged from talks without an agreement, the American press, pundits and “analysts on both sides of the aisle,” described the situation as a major diplomacy failure, “a serious setback for the president.”

They were wrong. It wasn’t a setback for Obama. It was the president refusing to sign a bad deal for American workers.

It was, however, a humiliation for the U.S. Chamber of Commerce, which just spent at least $50 million from secret corporate donors to elect Republicans who will do its bidding. The South Korea deal is a priority for the Chamber. Here’s what Chamber senior vice president for international affairs Myron Brilliant told the New York Times after the South Korean negotiations broke down and Obama pledged to attempt to complete the deal over the following six weeks:

“This will be an early test for this president with the new Congress, particularly the House leadership.”

The “Brilliant” test is whether the president of the United States will comply with Chamber demands to complete trade deals that kill jobs and that Americans despise.

When Obama went to Seoul, Chamber President Thomas J. Donohue was there to, as he put it, help win the trade deal. He also was among 120 executives given exclusive access to international leaders including German Chancellor Angela Merkel and Russian President Dmitri A. Medvedev in a conference before the G-20 meeting.

The international organizers didn’t invite to the trade talks or the conference the students, farmers, environmental groups, organized labor and untold millions of individuals who oppose the so-called free trade deals. The human beings who will be hurt most by the trade deals didn’t get a seat at the table. The corporate-people who stand to gain everything did.

Brilliant’s comments express the corporate sense of entitlement. They spent tens of millions to get what they wanted from politicians to increase profits. Now they expect it to be delivered. It’s their recompense, their corporate reward.

If fatter profits mean fewer American jobs and wider trade deficits, that’s simply not a problem for corporations. That’s among the perks corporations got when the Supreme Court awarded them the privileges of personhood in America but none of the pesky personal and patriotic responsibilities of actual people in American society.

About The Author: Leo Gerard is the United Steelworkers International President. Under his leadership, the USW joined with Unite -the biggest union in the UK and Republic of Ireland – to create Workers Uniting, the first global union. He has also helped pass legislation, including the landmark Canadian Westray Bill, making corporations criminally liable when they kill or seriously injure their employees or members of the public.


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Assert Yourself, America; Don’t be an Illegal Trade Victim

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Leo GerardLong-suffering victim is hardly the American image. Paul Revere, Mother Jones, John Glenn, Martin Luther King Jr. — those are American icons. Bold, wry, justice-seeking.

So how is it that America finds herself in the position of schoolyard patsy, woe-is-me casualty of China’s illegal trade practices that are destroying U.S. renewable energy manufacturing and foreclosing an energy-independent future?

Come on, America. Show some of that confident pioneer spirit. Stand up for yourself. Tell China that America isn’t going to hand over its lunch money anymore; international trade law will be enforced now.

That’s the demand the United Steelworkers (USW) union made this week when it filed a 5,800-page suit detailing how China violates a wide variety of World Trade Organization (WTO) obligations.

The case, now in the hands of the U.S. Trade Representative, shows how China uses illegal land grants, prohibited low-interest loans and other outlawed measures to pump up its renewable energy industries and facilitate export of those products at artificially low prices to places like the United States and Europe.

The U.S. aids renewable energy industries, like solar cell and wind turbine manufacturers, but no where near the extent that China does. And the American aid lawfully goes to renewable manufacturers that produce for domestic consumption. China, by contrast, illegally subsidizes industries that export, a strategy that kills off competition.

The USW recognizes and appreciates that trade with China has lifted millions there out of poverty. But truly fair trade would benefit workers in both China and the United States. And that is what the USW is demanding.

The USW is far from alone in accusing China of violations. New York Times reporter Keith Bradsher described them in a story Sept. 8, titled “On Clean Energy, China Skirts Rules.” It ends with this quote from Zhao Feng, general manger of Hunan Sunzone Optoelectronics, a two-year-old solar panel manufacturer that exports nearly 95 percent of its products to Europe and is opening offices in three U.S. cities to push into the American market:

“Who wins this clean energy race really depends on how much support the government gives.”

The U.S. isn’t providing support that violates WTO regulations. China is. And it’s hundreds of billions — $216 billion from China’s stimulus package, another $184 billion to be spent through 2020, $172 million in research and development over the past four years.

Bradsher’s story details illegal aid given Sunzone and says that it’s common, not exceptional. It includes China turning over land to Sunzone for a third of the market price and government-controlled banks granting Sunzone low-interest loans that the provincial government helps Sunzone repay.

In addition, the USW suit notes that China, which accounts for 93 percent of the world’s production of so-called rare earth materials like dysprosium and terbium essential for green energy technology, has severely restricted their export. That practice, illegal under WTO rules, forces some foreign companies to move manufacturing to China to get access.

And when corporations move, China routinely – and illegally — mandates they transfer technology to Chinese partners, which often means U.S.-tax-dollar-supported research and development benefits China.

That is one reason China rose to first in the world in clean energy so quickly. China now leads globally in producing solar panels. It doubled its wind power capacity in one year – 2009. Worldwide, Chinese manufacturers supply at least half of all hydropower projects and fabricate 75 percent of all compact fluorescent light bulbs.

Meanwhile, here in the United States, BP shut down its solar panel manufacturing plant in Maryland this year and Evergreen Solar of Marlboro, Mass., plans to close its American plant, eliminating 300 U.S. jobs. Both are moving manufacturing to China.

Germany’s Solar World still manufactures in Europe and the United States, and its chief executive, Frank A. Asbeck, told Bradsher the German solar industry association is investigating whether to file a suit of its own to try to stop China’s illegal practices:

“China is cordoning off its own solar market to fend off international competition while arming its industry with a bottomless pile of subsidies and boundless lines of credit.”

The Times story also says China’s “aggressive government policies” are designed to ensure “Chinese energy security.”

China’s illegal aggression to secure its energy independence and dominate world production of green technology threatens the energy security of the United States.

America turned to renewables not just to diminish climate change but also to reduce dependence on foreign oil, an addiction that has entangled the U.S. in costly and bloody wars.

If the United States can’t build its own renewable energy products, it will forfeit the next generation high technology industry and good manufacturing jobs, and it will remain dangerously beholden to foreign nations for energy.

China agreed to follow international regulations when it joined the World Trade Organization. This pledge was crucial because China’s economy is government-controlled, very different from the free market economies of the United States and most Western nations.

Faced with blatant rule-flouting that has cost USW members their jobs and threatens to cost their children high-technology manufacturing of the future, the USW is demanding the American government put a stop to it.

That is how a true American acts. Americans have a sense of justice. They follow the rules and expect trading partners to do the same. When they don’t, Americans do something about it.


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More Salvos in the False “Class War” on Public Pensions

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amytraub4Repeat something often enough and it becomes, if not true, at least a solid bit of conventional wisdom. Consider Ron Lieber’s column in Saturday’s New York Times, which neatly recycles an editorial the Wall Street Journal ran back in March. The issue: the pensions that guarantee public employees a middle-class standard of living in retirement have become more difficult for cities and states to afford. This, according to Lieber and the chorus of conservatives singing the same tune, means a “class war” pitting sanitation workers who deferred compensation so that they could retire with dignity against “have-not” taxpayers who would like some retirement security of their own. Lieber even knows the outcome: public workers should to get ready for many more states and municipalities to engage in “rare acts of courage” and break their promises to pensioners.

Jonathan Cohn at the New Republic asks the obvious question “to what extent is the problem that retirement benefits for everybody else have become too stingy?”

It’s a point I’ve been making as well:

One out of three working Americans has no retirement savings to rely on beyond Social Security, many others have saved very little, especially now that the value of their homes has been destroyed. When it’s public pensions that are falling short, it’s very visible. When it’s the private savings of millions of individual households, it’s easy to overlook. But when we start to hear that it has become “too expensive” to provide teachers and police officers with a decent retirement, we know no one else has a chance at retirement security either.

Former Colorado Governor Richard Lamm, quoted in Lieber’s article, takes the point to its logical conclusion, arguing that “the New Deal is demographically obsolete.” Translation: we’d all better get used to the new normal of low pay, few benefits, and no retirement, sooner rather than later. After all, demographics are inexorable. Resistance is futile.

As Paul Krugman points out in today’s Times, the same air of inevitability hangs over the provision of critical state and city services. Cities and states are broke, the argument goes, there’s nothing we can do. We can neither keep streetlights on nor let teachers retire. Except that in both cases the argument is false:

We’re told that we have no choice, that basic government functions — essential services that have been provided for generations — are no longer affordable. And it’s true that state and local governments, hit hard by the recession, are cash-strapped. But they wouldn’t be quite as cash-strapped if their politicians were willing to consider at least some tax increases.

Krugman’s point about how we got here is equally true of the debate around public employees and their pensions:

It’s the logical consequence of three decades of antigovernment rhetoric, rhetoric that has convinced many voters that a dollar collected in taxes is always a dollar wasted, that the public sector can’t do anything right.

Unfortunately, Lieber’s column effectively adds to that rhetoric.

About the Author: Amy Traub is the Director of Research at the Drum Major Institute. A native of the Cleveland area, Amy is a Phi Beta Kappa graduate of the University of Chicago. Before coming to the Drum Major Institute, Amy headed the research department of a major New York City labor union, where her efforts contributed to the resolution of strikes and successful union organizing campaigns by hundreds of working New Yorkers.


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