Q&A WITH TANYA S. BRYANT
Google stereotyping debacle highlights areas for employers to watch
Q: The recent release of James Damore’s now infamous “manifesto” on gender issues at Google has raised many questions about stereotyping. What legal issues are at hand?
A: The “manifesto” discussed Damore’s belief that there were inherent biological and psychological differences in men and women that attributed to the lack of sufficient representation of women in the tech industry. Damore gave several examples, such as women “on average” being more neurotic and more agreeable, having a harder time negotiating salaries and possessing more empathy. According to Damore, men tended to be more systematic, more driven to achieve status, less cooperative and less empathetic. Title VII of the Civil Rights Act of 1964 prohibits gender discrimination in employment. Gender discrimination includes gender stereotyping. This means employers can’t take employment actions against male or female groups by assuming or insisting that they match the stereotype associated with their group, nor may employees make discriminatory comments regarding an individual’s gender.
Q: How can employers walk the fine line of giving employees an opportunity to air their grievances without crossing any legal boundaries?
A: An employer whose culture is one that encourages open dialogue and welcomes diverse viewpoints is likely to retain happier and more satisfied employees. However, if expression of those views is made in the form of gender stereotyping, an employer’s legal obligation is to step in, investigate and take the appropriate employment action. An employer that doesn’t respond to an employee making comments that stereotype based on gender leaves itself open to claims of discrimination. Co-workers may complain that the discriminatory comments create a hostile work environment. If the comments were made by someone in the position of evaluating female employees’ work performance, such assessments would be subject to scrutiny. In response to the “manifesto,” Google issued a statement to its employees that reflected in part “building an open, inclusive environment means fostering a culture in which those with alternative views, including political views, feel safe sharing their opinions. But that discourse needs to work alongside the principles of equal employment found in our Code of Conduct, policies and anti-discrimination laws.”
Q: What can employers do to educate employees about the ramifications of actions like Damore’s?
A: Employers should communicate clearly the company’s anti-discrimination policies to the employees through written policies and annual training. All employees should be required to acknowledge in writing that they understand the policies and the consequences of violating those policies. An employer that keeps the dialogue open with employees while maintaining a firm stance creates a positive and stable working environment.
PAULA BURKES,
BUSINESS WRITER