It occurs to me that a more positive, not-everything-is-bad post is in order. My past posts have addressed the employee-employer imbalance of power, advocated an end to mandatory arbitration, and criticized the Senate version of the proposed, revised Congressional Accountability Act. However, progress has nonetheless been made these past months (at least I think so) and so it makes sense we take stock.
Jodi Kantor, of the (failing) New York Times [yes, that is a joke: relax!] attempted to do just that, take stock, back in March. Her article highlights a variety of actions taken by companies, cities, states and the federal government in response to the #metoo movement and society’s possible awakening. While Ms. Kantor’s assessment was certainly not all positive – much (most) work remains, much of it at a societal level – she nonetheless pointed to some bright spots. One success was Microsoft’s announcement, late last year, to get rid of forced arbitration in its employment agreements. Another was the Screen Actor’s Guild (“SAG”) publishing an updated Code of Conduct. Even if you are not a waiter/actor in LA, this is an interesting read, especially for newbies. SAG’s Code defines some basic terms (e.g., quid pro quo, hostile work environment, retaliation) and educates actors and employers on what to expect when a complaint is filed, as well as provides resources to employees.
But I am singling out Facebook for further analysis and some praise (God knows, it needs it). In December 2017, Facebook took the somewhat unusual step and put its internal policy online for all to see. In the announcement post COO Sheryl Sandberg declared Facebook’s “philosophy” was to go beyond what was legally required – not too hard, unfortunately- and to enforce a zero-tolerance approach. Undergirding the policy are the following six principles: 1) mandatory sexual harassment and unconscious bias training; 2) treating all claims with “seriousness, urgency, and respect”; 3) investigating claims in a way that protects employees from stigma or retaliations; 4) applying the process consistently; 5) taking “swift and decisive action” when wrongdoing is identified; and 6) involving all employees in making the workplace safe by encouraging people to report unacceptable behaviors, even if it does not involve them.
The Facebook policy is a real treasure-trove for commentary and analysis and over the next few posts, I aim to highlight some of the encouraging parts, compare it against the company’s stated philosophy and principles, and give you my two-cents on what (if anything) might be problematic or objectionable.
If you have time, read over the Facebook policy and stay tuned.