Google announced changes to how it will handle claims of sexual harassment among employees, including making arbitration optional for individual harassment and sexual assault claims. While additional transparency and protection for workers is a sign of progress, the change is incremental rather than transformative, because Google’s arbitration provision still prohibits collective action. Harassment claims will no longer be forced into private arbitration, but only individuals can now bring their claims before a jury.
It’s unclear whether Google, which has a history of confusing its employees around confidentiality, will make the process of opting out clear or easy. Google has become quicker and more responsive to employee concerns. Nonetheless, a publicized email from CEO Sundar Pichai and an accompanying interview in *The New York Times* still seem like the kind of gauzy public relations efforts that motivated 20,000 employees to join a protest last week to demand transparency and meaningful change. *The Times* reported last month that Google executives were allowed to leave with multimillion-dollar exit packages following credible claims of harassment against them.
Arbitration agreements can be used to obscure harassment allegations and protect serial abusers because employees are required to resolve disputes privately with an arbiter, who is typically paid by the company, rather than in open court. In Silicon Valley, forced arbitration agreements, nondisclosure agreements, and confidentiality clauses are routinely included in employment contracts, just as nondisparagement agreements are tied to severance packages and private settlements.
Organizers of last week’s walkout are disappointed with Google’s response, which they found defensive and dismissive toward their demands for equity. The changes signal the power of collective action, but organizers said they were not consulted ahead of the announcement. They said Google ignored concerns about discrimination and the rights of contract workers, indicating the company wants to continue operating as it has in the past, with transparency stressed in name rather than action. An internal Google website is tracking worker sentiment about whether demands—such as employee representation on…
Latest posts by Peter Bordes (see all)
- How to Watch Game of Thrones Online - April 21, 2019
- After an Easter terror attack, Sri Lanka cut access to social media - April 21, 2019
- A Blazing Hot Coal Seam Shows How Microbes Can Spring to Life - April 21, 2019
More from Around the Web