Ex Google engineer claims she was harassed and “Google did nothing about it”
sfweekly.com
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1) Leave and get a better job
2) Leave and sue
I've been in companies with claimed harassment. It's gone both ways -- about 50/50. In about half the cases, the victim perceived something that was clearly not there, ranging from:
* Complete delusion, in the case of one person with severe emotional problems
* A case where we had an someone with autism who would treat everyone in the same inappropriate way -- not understanding eye contact, personal space, etc., and one person who interacted occasionally felt targeted and harassed).
* A case where someone was just an asshole and hard-ass. Equal opportunity. But one person felt targeted.
People aren't perfect. This kind of accusation, even unsubstantiated, can ruin a career. I wish people wouldn't pull this shit.
Edit: klodolph is correct, I didn't think laws of US could be that much opposite from Europe (France in my case).
And I am sorry but if you think this will result in some "war with women" then I fear for the IT industry. Professional conduct is what should be expected. It works for every other industry.
This is so far off the mark it's ridiculous. US defamation law is much less friendly to plaintiffs compared to most European countries, especially the UK (for example). This may surprise you, but in the US, it is not enough for the plaintiff to prove that a defamatory statement is false. You have to also prove that the defendant knew the statement to be false, or you have to prove negligence by "clear and convincing evidence". This is for private plaintiffs, the standard for "public figures" is higher.
I can recognize the attitude that "if you can't prove it in court, then shut up", but there are always going to be a few really important things that you want to say that can't be proven in court. I'm not saying this is one of those times (it really isn't) but those times exist.
And I'm not taking sides on this particular case, just to be absolutely clear.
If Ann calls Bob a cheat and a liar she has the defences of:
1: truth
2: fair comment (eg, Bob isn't a cheat or a liar but has behaved in a way that would make a reasonable person to think he is)
3: protection (eg Ann could have said it in the House of Commons and is thus immune from prosecution).
To get damages Bob (if he's a public figure) has to show that Ann was malicious -- that Ann knew the comments to be untrue or she recklessly disregarded the truth; if Bob is a private individual he only needs to show Ann was negligent in obtaining the truth. (That's compensatory damages. For punitive damages malice has to be present.)
For clarity, too, I'm speaking in the genetic, not specific to this incident.
> too many male's careers were broken by illegitimate
> morale accusations,
And how many "female's [sic]" careers were derailed by sexual harassment? And which is the greater injustice?And yes, I'd much rather accusers speak out only through proper channels, at least when those channels work pretty well. In the US, they're not perfect, but they do work pretty well.
Essentially it's a difficult problem, as we need to protect peoples' reputations, but at the same time vindicating victims.
Victoria Lease was the first to talk about it. She had to leave Google because of how she was treated. HR didn't do shit to help her. Last week it was Narelle, citing similar reasons. Now this.
All we get at TGIF is some vague excuses from Laszlo Bock but no action is taken. So let me be the first to say: Fuck Rod Chavez and everybody who helped him!
Disclaimer: I work for the Google hypocrites.
1. Compile evidence in your existing job.
2. Find a new job
3. File a lawsuit.
That's how we manage things in a civilized society. It's precisely why we have a court system. We want:
1. For Google to follow standards we've agreed upon as a society. There are extremists on both sides for what constitutes harassment. We don't want them duking it out with vigilante violence (whether physical, as 100 years ago, or over Twitter, today).
2. There to be due process before action is taken. It's imperfect, but it's a lot better than going vigilante. For a company like Google, if there is a pattern of sexual harassment, with over 50,000 employees, at least some of them will have an open-and-shut case.
3. In the context of something like sexual harassment, the typical damages are set at a level where only a small minority need to win lawsuits before it is financially painful.
I don't care how bad things are at Google. The way to settle this is within the legal system.
By the way, HR's job is to protect the employer from liability. Going to HR is the last thing you want to do. HR will almost never do anything to help the employee -- that's sometimes seen as tantamount to admitting guilt. Once you go to HR, their primary strategy will be whatever minimizes liability. That's often something not great for the employee. A common strategy is to set you up to fail, destroy your credibility, and work you out of the company. If a lawsuit does come up, they can play the disgruntled worker card.
The way the system is set up, suing your former employer is your civic duty, and does a few things:
1. Applies financial pressure to fix the problem.
2. Is generally confidential, protecting both your reputation and your former employers'.
3. If you have a credible claim, rewards you financially for doing your civic duty.
Until you're ready to file a law suit, you want to act professionally at work, and play the role of a good employee. There is absolutely no upside to doing anything else -- whether to your career, or to your odds of winning a law suit. Think about it. You're on a jury. Case 1: There's a clear rockstar employee, who loves the work, and leaves because of alleged harassment. Case 2: An underperforming employee gets fired after bitching out their employer. They claim harassment. How does that bias you? You're upper management. You get similar claims. How do you behave? You're a future employer, co-worker, etc.
This stuff ain't rocket science. You're not in kindergarden anymore.
Issues like this generally deserve more attention though, not less - for every issue that is vocalized, there are usually many that are handled in silence, or harassment dealt with by silence. It is not a good environment to be in, where serious problems are swept under the rug.
In the US military, if you are found guilty of sexual harassment/assault, you get hit with a double felony - one for the action, and one for the bad conduct discharge as a result. It still happens, but everyone knows to keep things professional in interactions with the opposite sex since the threat of a discharge under dishonorable conditions hangs high - it is more than a career finisher for the person charged. The mantra in the military for this sort of behavior is zero tolerance, and punishments reflect that - that behavior wrecks havoc on morale, trust in leadership & peers, and overall ability to get the job done.
Unfortunately, the tech industry does not take this issue seriously enough to impose this sort of punishment. What do you do when the company comes to a conclusion that turns out to be incorrect? Suing is not a good solution since you're fighting against a company with a lot of money that can lawyer up easily (and in this case, has lots of internal lawyers). The person in this case did leave and get a different job a little while ago, and only now is making it public after there was an investigation internally. Even worse, I have been told by Googlers that if there is any doubt, Google will not promote a candidate - by following that logic, the person should not have been promoted due to strong allegations of improper behavior towards a subordinate, and apparently he was.
It is a difficult problem for women to have to deal with, and we as men seem to have a problem empathizing with it because we can't understand what it is like to live in a world like that where we don't have control of our destiny because the institutions are set up against us.
The real problem seems to be that women do not have a way to seek recourse against this bad behavior in our industry, and the brutes/bros take advantage of it. Our industry is failing them.
The way you sweep this under the rug is roughly:
* Victims file law suits. Unfortunately, not all do (but it is their civic duty).
* A portion of the law suits have settlements. A typical one might be a few million. The settlement includes a non-disclosure.
Perpetrator is punished in proportion to the level of crime, and has reason to stop. If you get hit 10% of the time, your expected cost per harassment might be a few hundred thousand. That's expensive.
A random selection of victims get big payouts, and a random selection get nothing at all. Damages are big enough to account for this ($5 million is far more than the damage in a single case, and is set to account for the cases lost or not filed). That's not perfect, but nothing at all is still better than less than nothing (which is what happens with public shaming).
It sounds like reporting the harassment ruined this woman's career at Google, so if that's what you meant, then yes. I doubt the man she named will suffer any consequences. Certainly he's never going to suffer the hateful abuse she's currently getting on Twitter.
It destroys the accused -- again, I don't want to hire a liability. He may harass someone at my company.
Quite frankly, in a situation like this, I personally wouldn't take a risk hiring either of them. I have a lot of job candidates, and there's no reason to take a risk. Googling someone before you hire them is universal, and a news story like this basically kills careers forever.
It also hurts the employer -- I don't want to work for for a company where this stuff happens -- but much less so.
Some people will hire her, mind you. It just reduces the set of opportunities perhaps ten-fold, or reduces the level of those opportunities by one or two rungs on the corporate ladder.
That's a career killer in most cases.
https://medium.com/@kellyellis/commuting-by-myself-714e6dc47...
Directly from the article:
"This is why any man who is a stranger and tries to talk to me when I’m minding my own business is likely to be met with defensiveness and/or aggression. [...] If you are a strange man trying to talk to me on my way to or from work, when I am commuting alone, you are a harasser, pure and simple. You are threatening. And you need to leave me the fuck alone."
I was in London a few weeks ago, meeting some clients; my aged iPhone had run out of battery and, not being blessed with a watch, I had no way of telling the time (yes, this is a stupid situation and I felt like an idiot). I was loitering outside my client's offices and knew it was roughly the right time because the coffee shop I'd been in just before had had a clock, but I didn't particularly want to arrive overly early. A person, who happened to be a woman, walked past me, and I stopped her, politely, and asked her for the time, which she duly told me. I thanked her and she went on her way.
Does that count as harassment or threatening behaviour? After all, I'm a white male, a little over 6ft tall, with a shaved head and often a beard, and she was a woman, alone, probably walking to or from her office.
No one here is claiming you can't talk to women.
Maybe the general problem being a woman in tech is that you just have way too many men around & so through the normal course of male -> female flirting women feel overwhelmed and overburdened.
Thing is, I'd guess most techie guys are super shy.
"You look like a rockstar in that bathing suit. "
Isn't that just a compliment from a shy, probably very sweet, Indian boy?
Well it's hard to say without actually being there in that situation.
EDIT: Here's a good elucidatory comment[2]. And another thread of stories[3]. And another[4].
If you react with venom to statements like the one quoted, then you are not listening.
[1]: http://www.metafilter.com/85667/Hi-Whatcha-reading#2777344
[2]: http://www.reddit.com/r/offmychest/comments/15kix9/im_tired_...
[3]: http://www.reddit.com/r/AskWomen/comments/2ij22p/what_was_th...
[4]: http://www.metafilter.com/143994/10-hours-of-street-harrassm...
Stopped reading here.
Because of the way this article was presented, I've reserved forming an opinion of Ellis or her alleged harasser. It's skewed to make both parties look bad, and based off hearsay. The article did not reveal Ellis' overreaction to her harassment until after the allegations were repeated multiple times. It's ridiculous they didn't present everything at once, instead of attempting to lead our opinions.
The whole article was crap.
What to Take on Your Bikepacking Trip
Man Beaten While Boozing in Washington Square
The Bay Area Is Full of Skinny People
Unruly Patron Gets Booted From Bar, Returns and Shoots Out Window
On a side note, I'm tired of high percentage arguments, I've seen it in countless articles. There's NOTHING inherently wrong in the ratio itself.
So long as everyone is professional I personally don't see it being a catastrophic problem. But it is a major problem that the IT industry needs to continue to work on. More females in SME is something we should all strive for.
If the percentage of females working in IT reflects the percentage of females with IT studies or interested in IT, I don't see a problem. Or at least I don't see a problem in the workspace. Maybe it's a problem of education, but I'm not sure even if this is the case or just a simple matter of different preferences between men and woman.
With regards to a quota system I do believe at the senior levels in particular directorships and board appointees they are essential. Other companies have been done for this a long time and it works well. The hard part is at the engineering level. I don't believe rejecting good candidates based on gender helps anybody. It just makes things worse.
There are problems in the workplace though. But it has to do with the culture of IT rather than something specific. We tend to argue the idea rather that the person more often than not far too strongly. This is something that needs far more subtlety.
Why only there? The fact that there are more people in board appointees is a result of men being more prominent at both ends of distribution of psychological properties.
http://en.wikipedia.org/wiki/Sex_differences_in_psychology :
- more males than females in the top and bottom of the IQ distribution
- males are generally more likely to display aggression than females and when any endeavour is successful, aggression is likely to enhance success, and when it is unsuccessful, it is likely to aggravate failure
- men may have evolved to be more risk taking and socially dominant and sometimes taking risks pays off, sometimes not
- etc - the general idea is that there are more men at both ends of the distribution in various things.
This results men in being entrepreneurs, executives and board members more often than women, but it also results in men being homeless, sick and dying prematurely more often than women.
It also has the result that men pay more taxes, and contribute more pension payments, but use less public services and are paid much less in pensions.
Therefore, if we set quotas for senior levels in particular directorships and board appointees, shouldn't we also set quotas for the homeless, jobless and poor?
I.e. if we apply quotas in some areas to disadvantage men, shouldn't we apply quotas in other areas to disadvantage women? For instance, reduce pensions to women after the age where men on average don't get any (i.e. are dead), and make a suitable percentage of old women homeless?
(You must realise I'm intentionally quite provocative and not entirely serious, but I think these are valid points to discuss before setting gender quotas.)
Likewise adding females to boards through quota systems has been shown to improve governance and quality of decision making.
https://espnfivethirtyeight.files.wordpress.com/2014/10/chal...
In terms of physical strength, there are obvious and clear differences between men and women: http://www.powerliftingwatch.com/records
That all might be somewhat true now, but will change. I don't see unions making any headway into the industry, and when the bubble bursts--why do I have a feeling the industry will go back to people staring into monitors, complaining about pay--long hours, vitamin D deficiency, and Coding will go back to Programming?
(I hope this doesn't happen. I have met too many homeless former programmers that were hot in the 80's-90's)
And bringing up the straw man of "feminists" hardly adds to the conversation.
Many people get into programming for the money only to discover it's actually harder than it seems. Most people don't realize you have to keep learning just to stay relevant in IT. How many professions require that?
I'm yet to see any evidence that women leave IT because they are harassed on a mass scale.
https://docs.google.com/document/d/1soIYek-YEIvqtu9brv3ecdPb...
So it's not harassment.
So basically they leave for the same reasons men leave.
I've never been promoted, ever. I got a salary raise once, I think. I increased my pay by switching jobs, just like 95% of the IT people out there.
This point has come up on HN so many times that anyone continuing to repeat it is at best willfully ignorant, but probably deceitful.
A simple websearch [boilermaker women] shows you're wrong with plenty of sites calling for more female boilermalers.
You hear a lot less anout it because you don't read any nursing or teaching magazines or blogs or message boards.
This is now a great dogwhistle -- anyone saying things similar is clearly dishonest.
It's a problem, and we work in this industry, and can fix it. That's why I care about this and not so much about "women in roofing." I can't do anything to fix women becoming roofers at a higher rate. Technology I can fix.
The submitted link is different there, but the link on this submission is cited in the comments there.
"You look amazing in that bathing suit, like a rock star" Why does that, count as sexual harassment? May be he said it with his tone, eyes and looks?
Whenever there is a he-said/she-said situation without objective proof there really isn't a lot of options. All that is really left in terms of options for the victim is to leave whilst the perpetrator continues their life. This leaves public shaming as the victim's only way to fight back.
The only way to solve this is basically to limit social activities in which incidents like this can happen e.g. drinking or going to the beach.
But anyway, what happened to keeping a work diary, building evidence, and then creating a court case? It's not a perfect system, but filing a lawsuite has way less chance of creating blowback than starting a social media battle. Plus it can be useful to keep a work journal for many other reasons.
1) "grab your ass" comment happened in Maui, which I'm assuming is not on work premises or during a work-related event. In cases like this a simple "please keep your comments to yourself. I don't feel comfortable with you saying this." would be appropriate and I think respected. It nips the issue in the bud. Pouring a drink on someone is not necessarily the best way to communicate that. And next time don't accept the invitation if you don't feel comfortable around them. In my experience it's not common that this sort of comment will be made without some level of prior assurance (flirting?) that the comment wasn't entirely inappropriate.
2) claims "let me be in a position where I couldn't be promoted" but without details. This sounds like paranoia to me. I have never heard of a company explicitly denying promotions to people in certain positions. Google is in the internet business, but most importantly they're in the business of making money. If you prove that you're valuable to them making money, then you're valuable to the company. Bottom-line.
As a side-note, Google has just as much of a responsibility to the other employee to get the story straight. Allegedly nothing was done to reprimand the perpetrator. This is likely because 3rd party observers (also Google employees?) probably provided 3rd party testimony that it was no big deal which would likely help as a deciding factor. Of course they likely told the guy not to let it happen again. If there's no 3rd party testimony and it's not on premises or at a work-function what do you expect your employer to do about it?
Another point I would make is that the paranoia could be because people stopped interacting with her as often or inviting her to social gatherings. What you don't think about necessarily is that people will stop talking to you if they think you'll accuse them of something or if you're overly sensitive. It's human nature. I don't want to offend someone if they're overly sensitive, and it's less fun being around people like that, so if I'm just socializing I'm going to be considerate and NOT invite them to social gatherings because I don't want you to be offended. After all I can't control what others will say or do when we're out having a drink.
3) "you look amazing in that bathing suit" seems like an attempt to flatter someone. I didn't know they wear bathing suits to work at Google :) It's what guys do to girls. They compliment them. And girls generally accept the flattery and say thank you. If you don't like that it's fine, just let people know and they more than likely will be happy to oblige.
4) "drinks after work". This is again a situation outside of work. You're not required to be there. If you find that it's not a social circle you want to be a part of you don't have to be. I do get that social settings is where you can establish deeper levels of trust with people within an organization, and so that can be perceived as a roadblock to advancement. In this case I can't see how Google the organization can legally control this, except to work on balancing the ratios. But that is also not necessarily a gender-related issue. Girls don't get along with girls in social settings also at comparable ratios if not more often. But if the organization you're a part of is controlled by people with personalities you don't mesh well with, and you can't be moved laterally within the organization then it's time to move on. If someone finds it hard to get along with most people within an organization it is always worth the time it takes to self-reflect to determine if it's your issue and not theirs. Especially in a company as large as Google.
5) Unrelated, but similar situation. A past co-worker complained in a meeting they felt awkward when we used the word "penetration". We were an internet marketing company, so "market penetration" is a common term within the industry. But to satisfy her wishes we did our best to stop using the term. No questions asked. [http://en.wikipedia.org/wiki/Market_penetration] I can assure you no one in the meeting was thinking of that other kind of "penetration" but her.
This, obviously, is far more suggestive and invasive than words. But I'm a heterosexual guy. This actually happened. I didn't feel violated. I didn't feel I needed to address it. I couldn't breathe for a second, but other than that I was fine. We continued to be friends and co-workers. She was embarrassed when I told her the next day that I didn't want to pursue things, but everything was fine. I continued to respect her just as if nothing had happened between us. No need to get our company involved. I don't know about her, but for me everything was just as normal as before but it didn't happen again because we were on the same page after that.
Do not "flatter" people on their appearance unless they are a family member or close friend.
Women do not appreciate those comments. By making those comments you are being creepy and unacceptable.
I don't see why compliments of one's appearance outside of work must be off limits. As long as they're not inappropriate or suggestive. It's a common courtesy in some social circles. And I'm also not against women complimenting men on their appearance, or women complimenting women or men complimenting men. I'm an equal opportunity complimenter :)
Now if they report directly to you yes I agree it's inappropriate and boundaries need to be in place. But I didn't get the impression that was the case.
And for the record I'm not talking about "cat calls". That's inappropriate in all cases.
I just see compliments and flattery (if done right) as an attempt by one human to bring a little joy to another human's day by saying something nice to them. Why does it have to be more than that? Even if you're not family or close friends. If you're with a group of people and you think someone has gone above and beyond to put themselves together for the evening, I see no harm in that.
So... it's not the woman's fault. Everybody starts out wanting to be good.
But women that do not like men really do exist! (Speaking from some experience here)
"If you are a strange man trying to talk to me on my way to or from work, when I am commuting alone, you are a harasser, pure and simple."
Given that she isn't lying, it doesn't matter what her opinion on interacting with strange men are (radical as they are). It doesn't change what happened to her.
If you mean the legal definition, consider that even different courts often disagree.
My wording was "considered harassment". How does "considered" imply a universal standard?
> Personally, I believe that one radfem with agenda and no real proof should not be able to ruin careers and lives by twitter.
And I think you are discrediting her based on her professed beliefs and background.
I totally agree that no one should be able to ruin other people's lives based on their word alone. They should be able to show some proof.
From the article, more disclosure of the possible events:
> She then added "full disclosure. I'm not proud, I poured a drink on him. It became about that."
Seems to me when you combine beaches and alcohol while on a staff getaway, things may get slightly out of hand. Not exactly sexual harassment in the office kind of stuff...