The Guardian (USA)

She sued for pregnancy discrimina­tion. Now she’s battling Google’s army of lawyers

- Kari Paul

When Chelsey Glasson found out she was pregnant with her second child in 2019, she did not anticipate the first three years of her new baby’s life would be overshadow­ed by an epic legal battle against a trillion-dollar company.

The 38-year-old sued Google, her former employer, in 2020 alleging she had been discrimina­ted against while pregnant and witnessed others being treated similarly, and faced retaliatio­n from her manager when she spoke up about it.

Since then, Glasson says, battling to win her case has become a nearly fulltime job, one that’s pitted her against a company with a global army of lawyers at the ready. Despite being represente­d by attorneys in Washington and partially backed by a not-for-profit group, the American Associatio­n of University Women, she finds herself putting in grueling hours preparing for her upcoming trial this year. She spends her nights, after her two kids are asleep, discoverin­g documents and preparing for processes such as her recent deposition in March. The fight has affected her children’s lives almost as much as her own, she says.

“Even if they don’t know what is going on exactly, they know mommy is not all there – they know that I am not always present for them,” she said of her children, who are two and four years old. “It is heartbreak­ing to see how this impacts not just the person who is targeted by pregnancy discrimina­tion, but the entire family.”

Glasson’s case first gained publicity after she published a widely shared internal note, titled I’m Not Returning to Google After Maternity Leave, and Here is Why, which was eventually leaked to the public.

Chelsey then hired an attorney and, in response, Google investigat­ed a small portion of her claims, but said it found no examples of policy violation. Glasson then filed a complaint with the Equal Employment Opportunit­y Commission (EEOC) in September 2019. After little movement on an EEOC investigat­ion, she filed a lawsuit in July 2020. While many companies quickly move to resolve lawsuits, Google continues to aggressive­ly deny Chelsey’s claims.

Glasson says her situation underscore­s just how much a worker stands to lose when they go toe-to-toe with one of the world’s largest tech companies.

“What’s very clear is that Google does not take action regarding discrimina­tion,” said Glasson. “This is in large part because it is a massive organizati­on with huge resources at its disposal to fight someone like me – it’s not at all a fair fight.”

‘Pregnancy discrimina­tion does not get more blatant than that’: where the allegation­s began

Glasson’s struggle began in early 2018, after she says she overheard a director at Google criticizin­g a pregnant employee, and learned that the employee was being given negative feedback in her performanc­e review after disclosing the pregnancy.

In keeping with Google’s reporting guidelines, Glasson filed a complaint with human resources alleging pregnancy discrimina­tion against her colleague. Shortly after, she says, the director began to retaliate against her over the report, interviewi­ng other people to replace Glasson in her role. Glasson said HR acknowledg­ed the retaliatio­n but refused to stop it. She asked at the company how to face her boss when the ongoing investigat­ion was making their relationsh­ip tense and was told multiple times to find a therapist.

“When you are a victim and you are told to go to counseling, it is incredibly offensive – it’s sending a message that you’re crazy and you’re making all this up,” she said.

Several months later, Glasson then became pregnant herself and says she decided to transfer teams to escape the ongoing retaliatio­n and harassment. But she found her new superior made negative comments about her pregnancy-related health issues, and denied her the management role she was hired into.

Glasson says that five months before her maternity leave was scheduled, her new boss told her that she would not be given any management responsibi­lities while she was pregnant because of concerns that her upcoming maternity leave would “stress the team” and “rock the boat”.

“Pregnancy discrimina­tion does not get more blatant than that, and yet here they were telling me it is not happening,” she said.

Glasson also says her doctor eventually ordered her to take bed rest but that her manager encouraged her to keep working. During the investigat­ion and ongoing fallout with her manager, Glasson was prescribed Lexapro, an antidepres­sant, to manage stress and was diagnosed by her obstetrici­an with “acute stress”.

On 7 January 2019 Glasson had to go to the hospital for a life-threatenin­g pregnancy-related medical issue, which she believes was exacerbate­d by the stress, and remained there until she gave birth to her daughter on 8 March 2019 . Days later, Google asked her to leave the company in exchange for three months of her base salary.

“It was a very small amount,” she said of the payout. “Especially to be asked to leave the company with no health insurance, as I came out of the hospital with a newborn in hand, having come out of months in the hospital and healing from an emergency csection.”

In August 2019, Glasson received a one-paragraph email in response to her complaint, filed more than a year prior, saying that it had not found evidence of pregnancy discrimina­tion. “Thank you for raising your concerns,” the email said. This response prompted her to file the lawsuit.

In response to a request for comment about Glasson’s claims, Google said it does not comment on ongoing cases but that it takes these allegation­s seriously.

“Reporting misconduct takes courage and we want to provide care and support to people who raise concerns,” a Google spokespers­on said. “All instances of inappropri­ate conduct reported to us are investigat­ed rigorously, and we have simplified how employees can raise concerns and provided more transparen­cy into the investigat­ions process at Google. We work to be extremely transparen­t about how we handle complaints and the action we take.”

Veena Dubal, a labor law professor at UC Hastings who teaches a course in pregnancy discrimina­tion, said it is exceedingl­y rare for a company like Google to take an employee to court over an issue like this. “It almost seems they are trying to make an example over her,” she said, before highlighti­ng that men accused of wrongdoing at Google have received much better treatment than Glasson.

“When you look at the way men accused of sexual harassment were treated versus the way a woman alleging pregnancy discrimina­tion was treated, it is such a despicable example of the role of misogyny and patriarchy in these tech companies.”

‘It’s not at all a fair fight’

In the time since Glasson first filed her complaint, the attention paid to poor labor conditions in the tech industry – from white-collar developer jobs, to gig economy temps, and warehouse workers – has only grown.

In early April 2021, the National Labor Relations Board found that two Amazon employees were unfairly fired in retaliatio­n for internally criticizin­g discrimina­tory practices.

In December 2020, Pinterest reached a $22m settlement with a female former executive over pay discrimina­tion. Before that, two former employees, Ifeoma Ozoma and Aerica Shimizu Banks, came forward with allegation­s that they were retaliated against for advocating for fair pay.

Google, meanwhile, has continued to face claims of discrimina­tion and retaliatio­n.

Even in the midst of her own case, Glasson participat­ed in global walkouts over Google’s handling of sexual misconduct and other equity issues in the workplace. In December 2020, more than 1,200 Google employees signed a letter condemning the company for allegedly firing an ethics researcher in retaliatio­n for her criticism of Google’s diversity programs.

“I couldn’t help but wonder at the time, ‘It’s easy to show up for something like this, but what would my coworkers actually do if they learned of what was happening to me?’” she said. “As I later learned, most would do little to nothing.”

Still, Glasson said countless Googlers have reached out to her in the years since her case wasfirst publicized in the online memo. The case is now scheduled to go to court in December.

“A lot of them tell me ‘I wish I had the courage to fight like you’,” she said. “It is heartbreak­ing, because they often have a lot of shame, and there is nothing to be ashamed about. It is such a difficult path to take, to fight this, and it is not right for every individual.

“It really takes a huge toll,” she added. “I would not wish this on anyone.”

When you are a victim and you are told to go to counseling, it is incredibly offensive – it’s sending a message that you’re crazy and you’re making all this up

 ?? Photograph: Courtesy Chelsey Glasson ?? Chelsey Glasson reported pregnancy discrimina­tion at Google. Now they’re taking her to court.
Photograph: Courtesy Chelsey Glasson Chelsey Glasson reported pregnancy discrimina­tion at Google. Now they’re taking her to court.
 ?? Photograph: Courtesy Chelsey Glasson ?? Chelsey Glasson.
Photograph: Courtesy Chelsey Glasson Chelsey Glasson.

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