Why office bullies still get away with it

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Feb 11, 2022 View in browser   By Shia Kapos POLITICO Illustration / David Badders Happy Friday, rulers! Before we get to the newsletter, we have a request again this week. In 2018, California enacted a law requiring at least one woman on the board of every company based in the state. Did this law affect you? If yes, let us know. We want to hear from readers who have had personal experiences with the law and how it changed business and women's careers in the state. Fill out the form here.  Thanks to Maya Partharasarathy for helping to put together this newsletter. For all the progress the #MeToo movement has made to combat workplace harassment — just this week Congress passed a bill to address the problem — the story of Eric Lander reveals the persistence of another common office behavior: bullying. Until this week, Lander was President Joe Biden's lead scientist, heading the White House Office of Science and Technology Policy, including the president's "Cancer Moonshot" initiative. His fall from grace came after a White House investigation found he had exhibited demeaning, abrasive and "bullying" behavior. At first, Lander stayed on the job — in spite of Biden's vow to fire office jerks — until POLITICO published a report about Lander's actions, including allegations from staffers that he targeted women in particular. Lander didn't comment for POLITICO's story, but in his resignation letter, he wrote, "I am devastated that I caused hurt to past and present colleagues by the way in which I have spoken to them." This week, we called seven workplace consultants and other experts to get their thoughts on how workplace bullies still get away with their behavior in the post-#MeToo era and whether that's starting to change. Bullying simply refers to behavior that is unkind, disrespectful and demeaning. It is not the same as sexual harassment, a legal term that refers to conduct targeting people based on protected categories such as race, age or sexual orientation. "It's a higher bar," Alexis Ronickher, an attorney who handles employment cases for Katz, Marshall & Banks in Washington, said of harassment. Bullies may be indiscriminate in their behavior, but they usually zero in on people with less seniority — which often means women and minorities, according to the consultants we talked to. In Lander's case, the advocacy group 500 Women Scientists had publicly questioned his potential appointment in a January 2021 column in Scientific American, citing his "controversial" reputation among scientists. "You see it in the sciences all the time, but it happens in other industries, too. Women are ignored," Emily Pinckney, who heads 500 Women Scientists, told Women Rule this week. "We're dealing with everyday microaggressions working in laboratories. Women don't get awards, and we don't get credit for research we do." Deborah Tuerkheimer, author of "Credible: Why We Doubt Accusers and Protect Abusers," said it's still all too common for those kinds of complaints not to be heeded. "When someone comes forward against a powerful man, that's threatening to the status quo. So those statements are unlikely to be seen as credible," she said. "It's about credibility as power." It's also not uncommon, across different industries, for harassment and bullying to be tolerated until it gets public attention, said Sharmili Majmudar, who oversees policy at the Chicago-based advocacy organization Women Employed. Bullies are "given multiple chances. And it's only when it hits the headlines that there's accountability for that behavior," she said. In other words, the behavior might be tolerated until it begins to "undermine the company," as Northwestern University professor Kimberly Yuracko put it. To date, addressing the problem often has meant sending the bully to counseling, which Majmudar said is sometimes seen as a cover for employers and does little to help victims. Only more recently have companies begun to offer help to victims who might experience depression, anxiety, PTSD or even physical pain, the consultants told Women Rule. Discussions about bullying in the workplace also have expanded as educators have broached the topic in schools. Even former first lady Melania Trump called attention to the issue. The good news is several of the women we spoke to said the ground is beginning to shift to put an end to the "Mad Men" stereotypes that still allow bad behavior if you're a rainmaker, top sales guy — or brilliant scientist. Younger employees want fairness. Just look at the Instagram page from Hill staffers that's also drawing attention this week. They're fuming over how they're being treated in the workplace, whether it's low pay or dehumanizing behavior. "Newer people in the workforce are putting up with less," Ronickher said. "There's a feeling of 'I should not have to live with that.'" They're also "less willing to make compromises just to get by," added Emily Martin, vice president for education and workplace justice at the Law Center in Washington. "They're more idealistic about what we should expect at work, and that's helpful for workers of all ages." Another reason for the shift in attitudes: the recognition that bullies harm the bottom line. In the words of Judith DeVries, director of learning at Challenger, Gray & Christmas consultant company: "We waste a lot of good talent — a lot of good female talent — because you shut down when you've been bullied." Still, bullying behavior isn't going to disappear because "lower-level forms of workplace misconduct aren't legally actionable," said Yuracko, the Northwestern professor. Individual companies are trying to draft bullying policies, but doing it across industries would be difficult.   Sponsored by Business Leader members of Women Rule: The Exchange: What will it take to build a new, more equitable workplace? POLITICO Focus connected with members of Women Rule: The Exchange to get their perspectives on some of the critical topics — diversity and inclusion, equal pay, mental health and family-friendly policies — that are driving this debate and will make or break the future of work for women. Read More   The rest of the newsletter comes from Maya and Katie … POLITICO Special Report AP Photo/J. Scott Applewhite "Senate clears #MeToo bill banning mandatory arbitration," by POLITICO's Eleanor Mueller: "The Senate cleared a bill Thursday that would forbid clauses in employment contracts requiring workers to litigate sexual harassment and abuse cases in private, rather than a court, several years after the #MeToo movement drew attention to the issue. "'If you can ever say that legislation is long overdue, this is it,' Senate Majority Leader Chuck Schumer (D-N.Y.) said. "The legislation, which was passed by voice vote, has bipartisan support. Lawmakers drafted it in response to the #MeToo movement, which exposed how the clauses — known collectively as mandatory arbitration — prevent repeat offenders from being held accountable. "Around 60 million Americans have waived their rights to sue by signing such agreements, Sen. Kirsten Gillibrand (D-N.Y.) said. She and Sen. Lindsey Graham (R-N.C.) first introduced the measure in 2017. "A key factor in winning GOP support: The bill would still allow workers to opt for arbitration if that is their preference. That process, in which a private arbitrator litigates cases for the employer and employee, is often confidential."   Sponsored by Business Leader members of Women Rule: The Exchange: The pandemic brought corporate America to a tipping point. Business leaders weigh in on the issues that will make or break the future of work for women.   Number of the Week Read more here. MUST READS AP Photo/J. Scott Applewhite "The Violence Against Women Act may finally get renewed — without a proposed gun safety provision," by Amanda Becker for The 19th: "A bipartisan group of U.S. senators introduced a bill Wednesday to reauthorize the Violence Against Women Act (VAWA) — a 1994 law credited with significantly reducing intimate partner violence whose renewal was delayed over Republican objections to a proposed gun-safety provision. "That provision has been dropped. The measure introduced Wednesday would not close the so-called 'boyfriend loophole,' which allows individuals convicted of domestic violence against a partner they are not married to purchase guns. "In 2019, after VAWA expired, the only House Democrat who voted against renewal did so over a boyfriend loophole provision. Senate Republicans likewise said they could not support a bill that might infringe on the Second Amendment right to bear arms and talks broke down." "Should You Pick the Sex of Your Surgeon?" by Nicholas Bakalar for the New York Times: "A new study suggests that overall, female surgeons may get better results, and that choosing a female surgeon may be especially beneficial if you are a woman. … "Overall, about 15 percent of patients had postoperative problems: 8.7 percent had significant complications within 30 days of the operation; 6.7 percent were readmitted to the hospital; and 1.7 percent died. The researchers found that when the sex of the surgeon and patient were different, the surgery was slightly less successful: There was a roughly 8 percent increase in complications or death, although no difference in readmissions to the hospital. This trend was consistent across different types of surgery and patient characteristics. "But the researchers also found that on the whole, women surgeons tended to be more successful than male surgeons. And the worst surgical outcomes occurred when female patients were treated by male surgeons. Compared with a female patient treated by a female surgeon, a woman treated by a male surgeon was about 15 percent more likely to have complications, be readmitted to the hospital or die within 30 days of the operation." "Warsan Shire's Portraits of Somalis in Exile ," by Alexis Okeowo for the New Yorker: "Much of Shire's poetry has focussed on the experiences of immigrant women. In the past several years, though, she had become more curious about the inner lives of the men in her family. 'There's always been this thing I found particularly sad about some of the men I grew up around,' she told me. 'They would wear these suits, and the suits were a bit too big and would hang over the wrists, and they looked like little boys playing dress-up to go to a job interview that they're never going to get accepted at. Something about that also reminded me of how futile their lives must have felt in this new world. They don't fit anywhere.' … "Shire is among a generation of young poets who have attracted large audiences by initially publishing their poetry online. She first became prominent through Tumblr, and now has eighty thousand Twitter followers, and another fifty-seven thousand on Instagram, numbers more akin to those of the star of an FX series than to those of a poet. Elisa Ronzheimer, a literary scholar at Bielefeld University, in Germany, told me that Shire's poetry produces 'something of value in this middle ground that is not super-hermetic, but also not what I think of as pop culture.' Shire is best known for collaborating with Beyoncé, in 2016, on 'Lemonade,' a visual album in which the singer's music is intercut with Shire's poetry. The poet Terrance Hayes told me, 'Shire possesses a Plathian kind of ferocious truth telling.' Hayes teaches at New York University, and is struck by how many of his students are devotees of her work. 'Her reach is not just people who are watching Beyoncé,' he said. 'It's also people who want to be poets and are studying what she's doing.'" Quote of the Week Beatty, the Congressional Black Caucus chair, said on Wednesday that she had accepted Rep. Hal Rogers' apology for poking her and telling her to "kiss my ass." Read more here. Recommendations I'm curious to watch "Happening," which follows Anne Duchesne, its 23-year-old protagonist, as she seeks out an illegal abortion in southwest France in 1963. Atlantic writer Shirley Li says the movie "feels more like a psychological thriller than an abortion drama. … The film doesn't dwell on her choice. Instead, it concentrates on the way those around Anne constantly intrude on her."   Sponsored by Business Leader members of Women Rule: The Exchange: COVID-19 has upended the American workplace — and it continues to shine a light on what isn't working — particularly for women. But within every crisis, there is opportunity. Women Rule: The Exchange brings together leading women in business each quarter to confront these challenges and help find solutions to today's most pressing issues at the intersection of gender, industry and policy. Most recently, this included an examination of the future of America's working women. In this inaugural edition of 'view from The Exchange,' we sat down with a few of these leaders to continue the conversation and get their perspectives on some of the critical topics — diversity and inclusion, equal pay, mental health and family-friendly policies — that are driving this debate and will make or break the future of work for women.   Transitions Laura Hines-Pierce is the new co-CEO of the real estate firm Hines. Hines-Pierce has served as Hines' senior managing director in the office of the CEO since 2020. … General Motors has hired Missy Owens, President Joe Biden's niece, to be its director of environment, sustainability and governance policy. Owens previously worked in government relations for Coca-Cola and worked in the Obama and Clinton administrations. (h/t Morning Transportation). … Sahar Hafeez has joined the National Security Council as director of international economics. She most recently was a senior adviser to the Office of the Undersecretary in the Bureau of Industry and Security at the Commerce Department. (h/t Nat Sec Daily). … Jalisa Washington-Price and Arielle Goren will be managing directors at public affairs firm Kivvit. Washington-Price previously was vice president of political and advocacy at iHeartMedia, and is a Biden-Harris alum. Goren previously founded Juno Strategies and worked for Uber policy and comms. … Jessica Rihani is joining Mindset, a public policy firm, as COO. She previously was COO of Signal Group. (h/t Morning Influence)   Follow us on Twitter Katelyn Fossett @KatelynFossett   Follow us

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