The Oklahoman

Q&A WITH TANYA S. BRYANT

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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

 ??  ?? Tanya S. Bryant is in Crowe & Dunlevy’s labor and employment practice group.
Tanya S. Bryant is in Crowe & Dunlevy’s labor and employment practice group.

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