How to Get a Black Woman Fired

[ismnotwasm]

The Internet has had lots of opinions about Adria Richards, the black technologist who was fired for tweeting a photo of two white male colleagues she overheard making lewd jokes during a conference co-sponsored by her employer. In the tweet, Richards asked PyCon conference organizers to come speak to the men, who were sitting behind her. And although organizers resolved the issue amicably by all accounts, once news of Richards’ tweet broke, the usual mob of faceless Twitter trolls made racist, misogynist threats against her. Then they crashed her employer SendGrid’s website with a DDoS attack.

The same mob, plus a lot of new joiners using their real names, also blamed Richards when one of the two men was fired by his employer, PlayHaven. (Interestingly, PlayHaven has yet to be the target of a coordinated web attack.) And the mob cheered when Richards herself was publicly terminated, seemingly in response. In the words of her former boss, SendGrid CEO Jim Franklin, “[H]er actions have strongly divided the same community she was supposed to unite. … [T]he consequences that resulted from how she reported the conduct put our business in danger.” Sound weird to you? As Rachel Sklar wrote at Business Insider, “It seems clear that SendGrid and Franklin were aware of Richards’ conduct as the situation unfolded, yet the decision to fire her only came after the [website] attacks.” Labor attorneys say this would be difficult to defend in a courtroom.

Last week Jamilah King assembled a list of survival tips for techies who are not men and not white. Now, let’s look at the other side and examine how trolls, mansplainers, amateur Internet career counselors — plus some self-identified feminists and well-meaning types — willfully or unwittingly contribute to a pattern that just so happens to rescue large groups of professional white men from the unchecked tyranny of individuals who aren’t professional white men.

In this handy guide guide brought to you by me, Colorlines.com’s self-appointed white male correspondent, I’ll walk y’all through the steps that lead up to almost every incidence of HR-by-mob. While the details of every case aren’t identical, let’s recall that we’ve seen this happen to black women all walks of life, ranging from former Department of Agriculture state director Shirley Sherrod to meteorologist Rhonda Lee to women of color targeted by DADT in the military. It’s also how cultural commentators such as Zerlina Maxwell, Anita Sarkeesian, Rebecca Watson and Courtney Stanton became the targets of months-long smear campaigns, obscene Wikipedia edits, and threats of sexual assault and other violence, solely because they called out racism and sexism where they saw it. The pattern is real and not new at all, and we can’t interrupt it until we understand it.

http://colorlines.com/archives/2013/04/how_to_get_a_black_woman_fired_in_six_tired_steps.html


I'm really glad this was written. I'd post it in GD if I had any faith that it would do any good.

[spooky3]

1. I was amazed that the conf. organizers actually did the right thing rather than ignore her complaint

So, in other words, if you have a LEGITIMATE complaint that even a white male acknowledges, you deserve to get fired?

[Luminous Animal]

2. They responded very quickly.

She didn't send out the tweet to shame the men. She sent out the tweet to alert the organizers of the conference by using the hashtag #pycon and it worked. People keep saying that she didn't go about this in the right way. Well, given the event, I think she did everything right. As I posted elsewhere:

When Adria lodged her complaint via twitter she used #pycon. She did this because it is an event organized and attended by social media geeks and she knew, because it is her profession, that the organizers would be monitoring social media during the event. She made successive tweets over about 15 minutes utilizing the hashtag #pycon.

1) Alerting the organizers that inappropriate language was being used
2) Alerting the organizers to their location
3) Alerting the organizers to the protocols of their own mission statement (maintaining and enforcing a comfortable atmosphere sans bigoted content from both the presenters and attendees)

Because she used #pycon. The organizers became aware of the situation, responded within 20 minutes of her first tweet and took action and notified Adria via private message that they were on it. Subsequently, the @pycon twitter account, about an hour and a half later, publicly acknowledged on twitter that they had responded.

There were a lot of accusations that "she didn't go to management", blah blah blah.

Well, she actually did go to management in a way that makes sense for the venue she was in and the confines of her profession.

[spooky3]

3. thanks for this info. This incident and the aftermath are really telling, sadly.

I hope Richards quickly found a new job where she will be better supported.

[BainsBane]

4. Several on this site

have said no one would hire her, they certainly wouldn't hire her, and she doesn't deserve to have another job.

[Amaril]

5. And those "several" are, no doubt......

.....not in a position to hire ANYbody, and for good reason (as is obviated by their posts).

I hope she gets a terrific offer from a company that believes its employees deserve to be treated with respect (in their office as well as at professional gatherings) AND a really good attorney that can make life VERY unpleasant for the nimrods who made the decision to terminate her.

[Demo_Chris]

6. I own my own business and I would not hire her...

... and as shocking as this will no doubt sound, I believe everyone deserves to be treated with respect, professionalism, and maturity. Which is why I wouldn't even dream of hiring her. I suspect I am not alone.

And more, I suspect the company that fired her isn't even slightly concerned about any court cases this woman might bring. They'll win, likely easily, and she'll lose twice over -- both the money she wastes on the suit, and the additional damage to her already trashed reputation.

[spooky3]

7. Are you an attorney or HR professional?

I would not be too sure about your legal predictions -- or your assessment of what constitutes good business practice.

And I doubt that she would want to work for your business.

[Demo_Chris]

10. Not at all, simply my unprofessional opinion. nt

[ismnotwasm]

8. The article is not specifically about Richards.

But what black women endure in specific situations.

Your response is outlined in step 5.

[Demo_Chris]

12. My response, and every other in this thread was directed at this case

To be honest I was unaware that Richards was black prior to reading this thread, and do not see that as being relevant.

[ismnotwasm]

18. The author thinks it is.

This is not a feminist piece per se, although it reads like one, but a piece on racism directed toward professional black women. He broadly outlines how black women are trivialized, turned into perpetrators as opposed to victims. He speaks of Anita Hill as much as Richards. I never, ever leave out race as a factor given the presence of anyone of color in white dominated professions, or situations involving institutionalized racism.

I'm always a little shocked when people do.

[Demo_Chris]

22. My objection is holding up Richards as the standard bearer for anything more than.... (cont)

... disasterous effects of poor communication and over-reaction. That's what's so outrageous about the entire thing -- you can't point at anyone involved and say that they did anything right. The two guys were being childish and unprofessional, so was Richards but she took that to the next level, the conference and both companies escalated it yet again, and then the internet blew it into the stratosphere of hate.

I'll be honest, I seriously doubt RACE had anything to do with any of it. As I said, I wasn't even aware she was black, and I saw this story being discussed on a handful of chans before I paid any attention to it here. Even 4chan wasn't playing the race angle, and they are racist as hell there. I think that's just this author looking for a new angle on a story that, for everyone's sake, is better off forgotten.

[ismnotwasm]

23. It's never wise to dismiss race out of hand IMO

The whole situation has been distorted and Richards herself didn't bring up race. I don't think she in any way over-reacted, but we'll have to agree to disagree.


That it's such a contentious situation, seems to let people ignore the fact that race may have been a factor, the question being would everything have happened the same if it had been an attractive blond woman? Hard to say.

I don't think the author meant her to be a standard bearer, just the latest victim.

[Demo_Chris]

27. Okay... good point and well said. I even agree to an extent....

Had she been an attractive blonde woman she could have lit the auditorium on fire and gotten a pass. I am not sure this proves or suggests race is a factor. Just because attractive white women can do something doesn't mean ALL white women can do something. But good point none the less.

[ismnotwasm]

30. I agree

It's hard to say if race WAS a factor, but hard to completely rule out.

[BainsBane]

9. Does that apply to anyone who reports a violation

leading to a hostile workplace, discrimination, or sexual harrasment? I certainly hope you don't receive federal funding of any kind or do business with any federal, state, or municipal agency, or you're admitting to openly violating federal law.

[Demo_Chris]

11. That would depend HOW they reported it doesn't it?

In her case she did not "report" it, she took it straight to social media. And this after publicly posting comments far more explicit than what she overheard these men making.

[spooky3]

13. 1) did you miss this post earlier in the thread?

http://www.democraticunderground.com/?com=view_post&forum=1255&pid=18659

2) Did you miss the rules for posting in this forum?

http://www.democraticunderground.com/12553074

[Demo_Chris]

16. Sorry, let's review the rules you posted:

1) No bringing personal fights/issues/problems from other groups or past grievances with a particular member or members to this group

Did I violate this? No.

2) No posting jury results

I did not violate this rule either.

3) No individual personal call outs of any DUer

I haven't mentioned any other poster in this thread, either directly or indirectly.

4) Be respectful at all times, even if an opinion is at odds with that of another poster

I have been nothing but respectful.

5) No bullying

Obviously I am not "bullying" anyone in this thread.

6) Repeated violation of the rules or a refusal to adhere to them when approached by hosts will result in being blocked from the group.

Since I haven't even violated them once I can hardly be accused of multiple violations.

Finally, I do not believe (though this is only my opinion) that safe haven means being protected from different opinions expressed in a respectful manner. This is a discussion forum after all.

[BainsBane]

14. Actually she did report it.

See Luminous Animal's post in this thread. One does not get to decide when they will follow equal opportunity employment law. Discrimination is illegal, period. Firing someone for making a complaint is discriminatory and subjects an employer to a civil lawsuit and potentially prosecution by the Department of Justice.

[Demo_Chris]

15. That's quite a stretch my friend

I doubt there is a company in America in which the reporting policy for ANYTHING is to "tweet it to the public," and for obvious reasons. An allegation of this kind is extremely sensitive and the liability is incredible. Consider, if these two guys had not admitted to telling this grade school joke, and had instead denied it completely, Ms Richards and her company could have both found themselves in court defending themselves against a suit for defamation and slander.

She did not go to the event staff with her complaint. She did not go to her own company and talk to her superiors. She did not confront these guys, not did she contact their company with her complaint. She went straight to the internet.

She wanted a story and she got one.

[BainsBane]

17. She tweeted it to the conference organizers

And LA's post makes clear she directly tweeted the event staff. It's not her job to confront the men. It's the employer and organizer's job to run non-discriminatory workspaces, just as it is yours as an employer. Her company didn't employ the two men. And since they admitted to at least one of the comments, defamation isn't at issue.


But that wasn't the question I asked you. I asked whether you would fire anyone who made a claim of discrimination, harassment, or a hostile work environment, and you said it would depend. I pointed out that you don't get to decide when to uphold the law. If you fire someone for lodging a harassment claim, you have practiced discrimination and are open to lawsuit. I'm surprised you wouldn't have familiarized yourself with EEOC laws by now, since you run a business.

[spooky3]

19. Not only that, but recent court decisions re: Facebook posts have protected some employee speech.

For example, here's a summary of an NLRB ruling that surprised a lot of people:

http://mashable.com/2010/11/09/facebook-free-speech/

Court and agency decisions that are a long time standing clearly indicate that the employer must protect employees from harassment by non-employees, and harassment away from the workplace, as well.

There are complexities and gray areas with most cases, but anyone (particularly an employer who admits to having no legal or HR expertise) who dismisses out of hand the possibility that Richards has a good legal case should she choose to pursue it, AND who refuses to read even the most basic info already provided on this thread, is simply wrong and not interested in learning. S/he may also be putting his or her business in jeopardy as well as likely driving away or failing to hire and motivate good employees.

Here is one analysis by members of one law firm re: the potential merits of Richards' case.

http://www.rmlawyers.com/blog/2013/03/sendgrids-unlawful-and-retaliatory-termination-of-adria-richards.shtml

Many employees who have meritorious cases, of course, never file a complaint with anyone, because they do not believe it will help, and could result in retaliation. Sort of like rape victims.

[BainsBane]

20. Great info

Thanks! This provides a legal basis for what I've been saying all along, but since I'm not a lawyer, I didn't know the details of how courts have decided these cases. I really appreciate this information.

[spooky3]

21. glad to help!

[Demo_Chris]

25. If she thinks she has a case let her go to court

In my unprofessional opinion she will lose twice. She'll lose the case, and she'll finish off her reputation.

[Demo_Chris]

24. The answer to your question....

And my apologies for missing it the first time.

I would not fire ANYONE who came to me (or a supervisor) with an allegation of discrimination or a hostile work environment complaint of any kind. I have zero tolerance for that kind of garbage, and that was my policy as a supervisor before owning my own business and working for myself. Let me be clear: I have absolutely ZERO tolerance for that garbage.

I cannot even imagine a situation in which I would fire someone for reporting a problem of ANY kind. I want to know. But...

I do not consider blogging or tweeting an issue or concern to be reporting it. I expect an employee to report every concern to their supervisor -- and I cannot imagine any company anywhere where this would not be the policy. No company would find what Richards did acceptable. None. It wouldn't have been acceptable if all she complained about was the lack of toilet paper in the ladies bathroom. It's really very simple: when you are somewhere representing your company you need to act like a professional and keep your comments and opinions to yourself.

This applies as well to the joking guys. They were unprofessional and deserve whatever they got.

[BainsBane]

26. check this out

http://www.rmlawyers.com/blog/2013/03/sendgrids-unlawful-and-retaliatory-termination-of-adria-richards.shtml

It confirms, in legal terms, what I've been arguing. Your position, according to this attorney, would not hold up in court.

[Demo_Chris]

28. Thanks. She can try it in court if she likes...

But again, I think she'll lose. There are all kinds of cases in which it might be appropriate to go to the media or public without first going to the employer, but whatever this lawyer says I doubt this qualifies. Totally unprofessional opinion mind you, but there you go. We might find out, but I doubt it. I cannot imagine she is foolish enough to go to court over this.

[BainsBane]

29. Several labor attorneys have offered the same opinion

As was noted in links above and in another thread in which you participated. For you, however, the more instructive point is how to treat your own employees.

[seabeyond]

31. i didnt particpate, but really appreciate this article. it is very good. and i wish more read and

sat with what was being said.

again, didnt participate, but also really enjoyed the conversation between you all. interesting.