Human Capital: DEI and Labor Updates

Welcome to Human Capital, your weekly source for the latest news in diversity, equity, inclusion, and labor. Subscribe here to receive the newsletter every Friday at 1 p.m. PT.

New Legislation Targeting NDAs in Discrimination Cases

Groundbreaking legislation is being proposed to limit the application of non-disclosure agreements (NDAs) in instances of workplace discrimination and harassment. This development holds significant implications, particularly within the technology sector where NDAs are frequently included in severance packages.

Ifeoma Ozoma, a former Pinterest employee who brought forth allegations of racial and gender discrimination, is a key figure co-leading this legislative effort alongside California State Senator Connie Leyva and other advocates. The proposed Silenced No More Act (SB 331) aims to prevent the use of NDAs in situations involving any form of workplace discrimination or harassment.

Ozoma recounted to TechCrunch that initiating claims of both racial and gender discrimination, despite a signed NDA, involved a calculated risk. Pinterest possessed the option to pursue legal action against Ozoma and Banks, but doing so would have necessitated an admission of wrongdoing on the company’s part.

Expert Commentary on the Proposed Legislation

Meredith Whittaker, faculty director at AI Now and a co-organizer of the Google walkout, shared her perspective on SB 331:

Whittaker emphasized the absolute necessity of this type of legislation to protect individuals facing workplace injustice.

Exploring the Pipeline Problem

Discussions with Whittaker prompted an introduction to Dr. Joy Lisi Rankin, a research lead at the AI Now Institute focusing on gender, race, and power in artificial intelligence. Dr. Rankin is currently researching the historical context of the “pipeline problem” and generously shared her insights.

A preview of this ongoing investigation reveals a deeper examination of the factors contributing to the perceived lack of diversity in tech.

Allegations of Microaggressions at Salesforce

Cynthia Perry, a former design research senior manager at Salesforce, publicly shared her resignation letter on LinkedIn, detailing experiences of negative treatment during her tenure. Perry, who identifies as a Black woman, alleges she encountered “countless microaggressions and inequity” while employed at the company.

Perry stated that she departed her position due to feeling “Gaslit, manipulated, bullied, neglected, and mostly unsupported” by colleagues she chose not to identify.

Salesforce responded to TechCrunch with the following statement:

Initiatives to Enhance Board Diversity

Despite ongoing efforts, representation of Black, Brown, and women on corporate boards remains insufficient. All Raise is addressing this issue with the recent launch of Board Xcelerate.

The program’s 90-day search process has already facilitated the placement of five independent board members.

The core components of the program include:

• Identifying and vetting diverse candidates.
• Connecting companies with qualified board members.
• Providing support throughout the selection process.

Coursera’s Black History Month Commitments

Coursera, an ed tech company, has partnered with Howard University, a historically Black university, to expand its social justice content offerings. Additionally, Coursera collaborated with Facebook to provide scholarships for Black individuals interested in social media marketing.

Furthermore, Coursera is partnering with Black Girls Code to grant up to 2,000 young Black girls free access to its extensive course catalog.

Niantic’s Black Developers Initiative

Niantic, the augmented reality company known for Pokemon Go, has launched a new initiative to provide funding for projects created by Black game developers. The Black Developers Initiative will not only offer financial support but also provide resources and mentorship opportunities for Black game and AR developers.

Alphabet Workers Union Achieves First Victory

The Alphabet Workers Union (AWU) recently filed a complaint with the NLRB alleging that Google contract workers were discouraged from discussing their compensation and that a worker was terminated for speaking out. The worker in question, Shannon Wait, has now been reinstated.

AWU celebrated the outcome on Twitter, stating that Wait’s return to work demonstrates the power of collective action and union representation.

Amazon Warehouse Union Vote Underway

Amazon warehouse employees in Bessemer, Alabama, have commenced voting to determine whether they will unionize with the Retail, Wholesale and Department Store Union. The vote began shortly after the National Labor Relations Board denied Amazon’s request for a delay.

Unionization would empower Amazon workers to collectively bargain for improved working conditions, including safety standards, pay, breaks, and other concerns. It could also potentially grant workers “just cause” employment protection, depending on the outcome of negotiations.

Mail-in voting concludes on March 29, with the NLRB scheduled to count the ballots on a virtual platform the following day.

Ongoing Legal Battles Regarding Proposition 22

Despite the California Supreme Court declining to hear a challenge to Proposition 22’s constitutionality, the Service Employees International Union has filed a similar lawsuit in Alameda County Superior Court.

Separately, the CA Supreme Court rejected Uber and Lyft’s request for review of a lower court decision regarding the classification of their drivers. The original ruling stipulated that drivers should be classified as employees, but Proposition 22 subsequently allowed Uber and Lyft to legally classify them as independent contractors.

TechCrunch Sessions: Justice Agenda Released

The agenda for the upcoming TechCrunch Sessions: Justice event on March 3 has been published. The event will feature prominent speakers including Backstage Capital founder Arlan Hamilton, Gig Workers Collective’s Vanessa Bain, Alphabet Workers Union Executive Chair Parul Koul, Color of Change President Rashad Robinson, and Anti-Defamation League CEO Jonathan Greenblatt.

Tickets are available for just $5.