More Self-Inflicted Wounds? Fox Hit With Race Discrimination Lawsuits

It was humming along, the major cable news network in America, raking in billions in profits.

Now Fox News  has lost (forced out) its visionary chief executive officer, Roger Ailes, and its top star,  Bill OReilly, both accused of sexual harassing female subordinates for decades.  Fox  paid  Ailes and OReilly tens of millions in severance to leave, not to mention millions in damages to their alleged victims.

And now Fox is reeling from a second wave of discrimination complaints – this time involving race discrimination. A Fox News spokesperson has denied the claims and said the network will “vigorously defend these cases.”

Two black women who worked in the Fox News payroll department, Tichaona Brown and Tabrese Wright, filed a race discrimination lawsuit   in New York state court on March 28 alleging  that Fox Controller Judith Slater, who was fired by Fox on Feb. 28, subjected “dark-skinned employees” to racial animus.

Eleven past and present Fox workers joined the lawsuit Tuesday, complaining that they were  humiliated, paid less than white coworkers and passed over for promotions. [Read more…]

Twitter To Tackle Abusive Tweets

Twitter is wading into waters that many employers continue to avoid –  the problem of abuse and harassment on its platform.

Twitter’s vice-president of engineering, Ed Ho, stated in a  blog post  Tuesday that Twitter’s primary focus in the weeks ahead will be “making Twitter a safer place.”

Specifically,  Twitter plans to:

  • Identify people who have been permanently suspended and stop them from creating new accounts.
  • Establish a “safe search” protocol that removes Tweets that contain potentially sensitive content and Tweets from blocked and muted accounts.
  • Collapse potentially abusive or low-quality tweets so the most relevant conversations are brought forward. Users will still have the option to  see the “less relevant” Tweets.

If Twitter can address the problem of abusive conduct on its massive international social media platform, shouldn’t employers address the problem in their workplaces?

Twitter already has expanded its Mute tool, which lets people  block  keywords, phrases and  conversations they do not want to see.  Last year, Twitter updated its block button so users could avoid tweets from blocked users altogether.

“We stand for freedom of expression and people being able to see all sides of any topic. That’s put in jeopardy when abuse and harassment stifle and silence those voices.We won’t tolerate it, and we’re launching new efforts to stop it,” writes Ho.

 

Penalty for Sexual Harassment Rarely Fits The ‘Crime’

Note: News outlets reported July 21, 2016 that Ailes will receive a $40 million buyout from Fox and a new job as an “advisor” to the network.

What should the penalty be for a manager who allegedly abused his power for decades by sexually harassing female subordinates?

Disgrace? Dismissal? Banishment?

Well, that does not appear to be what is happening in the case of Roger Ailes, the chief executive officer of Fox News who allegedly sexually harassed female subordinates since the 1960s.

According to the Drudge Report, 21st Century Fox, the corporate parent of Fox News, is negotiating an exit package with Ailes that includes a $40 million buyout. Other outlets report Fox wants to keep Ailes on the payroll as a consultant. In other words, the consequences of Ailes’ allegedly abusive behavior may consist of a fat check and a change of job title.

One reason that sexual harassment remains epidemic in the American workplace is the lack of any serious consequences for the abuser.  Victims of sexual harassment lose their dignity, sense of trust and  peace of mind. Many lose their jobs and financial security. In the rare instance that a sexual harasser is held to account, the consequences range from a pat on the hand to a quiet suggestion that it is time to move on.

Women in the workplace are well aware they lack any real protection from sexual harassment and this knowledge understandably deters them from reporting the problem.

Ailes woes began a few weeks ago when Gretchen Carlson, a former news anchor, filed a lawsuit claiming that Ailes fired her because she refused to have a sexual relationship with him. Ailes, 76, vigorously denied the accusation. Some observers (including former co-workers) dismissed Carlson’s complaint as a parting shot by an aging beauty queen whose afternoon TV show suffered from poor ratings.  (Fox is presently trying to move Carlson’s lawsuit out of federal court and the public eye into a closed-door arbitration proceedings.)

The problem for Ailes arose because other women began complaining about his allegedly abusive behavior.  Carlson’s attorney, Nancy Erika Smith, said that at least a dozen women contacted her firm after Carlson’s lawsuit was filed complaining of similar harassment by Ailes. The final blow appears to be a story by New York Magazine stating that Fox News star Megyn Kelly told a law firm hired to investigate Carlson’s complaint that Ailes had sexually harassed her a decade ago.

Fox had no choice but to do something.  When an employer receives a complaint that a manager is sexually harassing a subordinate, the employer is on notice and must act to prevent future harm (including retaliation) or it will risk serious damages.  However, the law does not require the employer to actually penalize the harasser.  So Fox’s game plan appears to be this – remove Ailes from his supervisory position, while keeping him happy and on the job.

Discrimination Victims Deserve REAL Justice

The EEOC has asked for public input so here goes:

Why is the EEOC operating the equivalent of a “get out of jail free card” for employers that engage in employment discrimination and retaliation?

When the EEOC determines there is reasonable cause for a charge of discrimination, the agency offers the employer (and the victim) the opportunity to participate in its free mediation program, where a neutral mediator assists the parties in reaching an early and confidential  resolution to a charge of discrimination.

In its 2014 performance report, the EEOC contends the mediation program is a “win for both Employees and Employers” but in the final analysis it is a much bigger win for employers.

The EEOC says its mediation program for private sector complainants  achieved a resolution in 7,846 out of a total of 10,221 mediations conducted for all types of discrimination.  The effort yielded $144.6 million in monetary benefits for complainants. Simple division indicates the EEOC’s mediation effort yielded $18,430 per mediation for private sector workers in 2014.

A payout of less than $20,000 per mediation is a bona fide windfall for employers, who might otherwise be forced to spend a hundred thousands dollars or more to defend a lawsuit, plus a potentially staggering damages award.

But $20,000 is a pittance at best for many – if not most – victims of employment discrimination – especially those who lost their jobs or who were not hired because of illegal discrimination.

There’s the rub

The EEOC is not supposed to be in the business of protecting discriminatory employers from the reasonable consequences of their harmful actions. [Read more…]