A Note About abusergoestowork.com

Today, I have begun the process of migrating my content to my new Substack called InjusticeAtWork. I may continue to post occasionally here but my new focus will be InjusticeAtWork.

I began this blog as a public service a decade ago and with the hope that my efforts would lead to positive change. But costs are rising and I will be happy to leave technical and security issues to Substack.

I hope everyone who regularly reads the blog will consider becoming a paid subscriber.

Thanks for your support – Pat Barnes

Activision’s Great Deal

Activision Blizzard, Inc., the publisher of popular video games, allegedly tolerated a “frat boy” culture for years.

California’s Dept. of Fair Employment and Housing (DFEH) filed a lawsuit in 2021 alleging Activision executives knew about and failed to stop pervasive sexual harassment and then retaliated against women who complained.

But that lawsuit was effectively blitzed by an $18 million settlement approved this week by U.S. District Judge Dale S. Fischer.

The settlement between Activision and the Equal Employment Opportunity Commission (EEOC) requires Activision to pay $18 million and to hire a neutral equal opportunity consultant.

Activision, a Santa Monica company that publishes games like Call of Duty and World of Warcraft, earned about $8.8 billion dollars in 2021. It is ranked #373 on the Fortune 1000 Revenue Rank. The settlement amount, $18 million, is approximately 0.02 percent of the company’s annual earnings.

An $18 million settlement is a mere nuisance to the biggest producer of video games in the world. It is the proverbial slap on the wrist.

For example, a Los Angeles County jury assessed a $58.2 million verdict against entertainment executive Alki David of Hologram USA, Inc. for a sexual abuse of a female production assistant in 2019.

Judge Fischer said any claimant to the EEOC settlement must waive their right to pursue the DFEH lawsuit. So, it’s a bird in the hand kind of thing. Take the money now or take a chance (however small) of getting a higher amount in the future.

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Will Judge Jackson’s Impending Appointment Help Or Hurt Civil Rights?

The premier civil rights law in the nation makes it unlawful for employers to fail or refuse to hire any individual on on the basis of “such individual’s race, color, religion, sex, or national origin.”

Title VII of the Civil Rights Act was passed in 1964, amid sit ins and marches, to ensure equal opportunity in employment for minorities.

Democratic President Joseph Biden ignored Title VII when he announced he would choose a Supreme Court candidate who is a black woman, and then picked Judge Ketanji Brown Jackson.

Additionally, he ignored the Fourth Amendment to the U.S. Constitution, which was adopted in the aftermath of the Civil War and prohibits states from denying to any person “the equal protection of the laws.” The U.S. Supreme Court in the landmark case of Brown v. Board of Education held that race discrimination violates the Fourteenth Amendment.

Judge Jackson, who was appointed to the U.S. Circuit Court of the District of Columbia less than a year ago, is currently the subject of nomination hearings before the U.S. Senate. Democrats say they have the votes to confirm her nomination.

A Fraction of 6%

Pres. Biden isn’t the first president to pick a justice on the basis of external characteristics.

GOP Pres. Ronald Reagan announced in 1980 that he would pick a woman for the nation’s highest court, and Sandra Day O’Connor became the first female justice.

However, Pres. Biden drastically narrowed the field of potential nominees to fill the vacancy on the Court created by the retirement of Justice Stephen Breyer.

African American women comprise around six percent of the U.S. population and, of that percentage, only a tiny fraction normally would be considered qualified to serve on the nation’s high court.

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Performance Reviews Should Assess Civility And Respect

A critical parameter is often ignored in management performance reviews – whether the manager treats others with civility and respect.

A large body of research in the past decade has shown that managers who display bias or engage in bullying and emotional harassment are a parasitic drain on the battery of an organization.

An abusive boss creates psychological stress for workers, leading to job dissatisfaction, turnover and a host of counter-productive behaviors (i.e., absenteeism, sabotage, litigation). S/he serves as a model for other employees, who also engage in bullying behaviors.

The American College of Cardiology recently issued a Health Policy Statement in the Journal of the American College of Cardiology proposing that cardiovascular organizations conduct performance reviews that include an “assessment on respect and civility.”

Culture of Respect

The recommendation is the outcome of an on-line survey conducted by the ACC in 2021 that found over one-third of resident doctors and faculty reported experiencing bias, discrimination, bullying and harassment at their main place of work.

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Federal Judiciary Recognizes Civility And Respect In Its Workplace

The federal judiciary routinely hears (and often dismisses) lawsuits filed by workers who have suffered soul crushing disrespect, humiliation and abuse from an employer.

This is one reason why the recommendations of The Federal Judiciary Workplace Conduct Group matter.

The group this week re-committed to the promotion of an “exemplary workplace” for the 30,000 employees of the federal court system “through engaged leadership and more expansive education in the areas of civility, respect and communication.”

Historically, federal judges have graduated from elite colleges and law schools to high-paid jobs in private law firms representing employers to the bench. There, they are exempt from federal discrimination laws. And they have lifetime tenure and can’t be forced to retire.

The federal judiciary’s workplace was the antithesis of democratic. Federal judges were the equivalent of kings in their chambers, and many young law clerks were treated more like serfs than workers.

After several high profile cases where staff complained of sexual harassment and workplace bullying by federal judges, U.S. Supreme Court Chief Justice John G. Roberts, Jr., in 2018 appointed the workplace conduct group to improve the environment in which federal employees work.

If federal judges must treat their workers with dignity and respect, perhaps they will expect this of other employers?

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