Don’t Kid Yourself: Departures of Roger Ailes, Kevin Roberts Change Nothing in Sex Discrimination

In a matter of weeks, two senior executives at global businesses lost their jobs related to alleged sexual harassment or clueless talk about gender.

CEO Roger Ailes is out at Fox News. Chairman Kevin Roberts is out at Saatchi & Saatchi.

On the surface, it almost looks like we’ve made some progress on the sex discrimination front. Dig a little deeper, though, and it looks like more of the same: a flurry of public attention that ultimately will peter out.

I explained why neither case is a game-changer for women at work in my column today for TheStreet.com.

Antilla 2015 Awards

Earlier this month, the New York press club The Society of the Silurians said I’d won its “Excellence in Journalism” award for my online columns for TheStreet.com.

From the judges: “In these searing columns, Antilla highlights the anti-consumer sentiment that has taken hold of significant portions of the Republican Party as it attempts to distance agencies such as the Consumer Financial Protection Bureau.”

My stories also have been entered into the national competition for The National Federation of Press Women, which said this week that I’d won first place in two of its “at-large” contests, which include 27 states that don’t have direct affiliations with NFPW. One winning entry was for my columns for TheStreet about the fleecing of senior citizens by stock brokers. A second winning entry was in the feature category, for my article in The New York Times about sex discrimination at Sterling Jewelers, the biggest retail jewelry operation in the United States. The winners in the “at large” categories have been entered into NFPW’s national competition.

Like Anita Hill vs. Clarence Thomas, Ellen Pao Lost Kleiner Perkins Gender Fight But Women Gained

Sometimes, even a loss can be a win.

A San Francisco jury said last month that Kleiner Perkins Caufield & Byers did not discriminate or retaliate against its former junior partner, Ellen Pao. From my column for TheStreet.com:

The four-week trial had received intense media coverage for its allegations of porn-star talk in business settings and exclusion of women from company events. Rather than invite a woman on a company ski trip, “Why don’t we punt on her and find 2 guys who are awesome?” a Kleiner partner suggested in an email.

Pao lost. But women didn’t. The case brought huge attention to workplace issues that rarely get aired. Most employers require employees to agree to give up their right to sue before they even show up for the first day of work. So-called “mandatory arbitration” agreements keep gender discrimination complaints out of the public eye, and leave violators of our discrimination laws unaccountable.

You can read my column here.

4 Things Kleiner Perkins Doesn’t Want Jury to Hear in Ellen Pao’s Sex Bias Case

Oral arguments are expected to begin Tuesday in the sex discrimination case against the powerful Silicon Valley venture capital firm Kleiner Perkins Caufield & Byers.

Ellen Pao, who sued Kleiner nearly three years ago, accused the firm of gender discrimination, failure to prevent discrimination and retaliation. I wrote about her case in my column for TheStreet last week.

Pao, who is interim CEO of the micro-blogging site Reddit, says that after she complained of discrimination at Kleiner, she went from being a star among junior partners to an employee viewed as a whiner who had “issues and clashes” with colleagues. She says one coworker badgered her into having an affair, and that a partner at the firm gave her a copy of a book of poetry with sexual imagery.

Kleiner has asked the judge to clear the courtroom when there’s evidence being presented about its proprietary business information and financial performance, among other things. Even if it wins on that motion, there are sure to be plenty of fireworks that remain for public consumption.

When Pao filed her suit in 2012, I noted this about the sad history of women in the workplace a column for Bloomberg View:

Twelve of Kleiner’s 49 partners are women, and in the venture-capital business, that’s considered very, very good. How is it that 20 years after Anita Hill broke the silence about gender discrimination and harassment at work, there are still companies that can take a bow for being gender-equality heroes when 75 percent of their leaders are men?

You can read the Bloomberg column here. The more recent column for the Street is here.

DeMarse: Journalism Schools Over 70% Female, Newsrooms, 60% Male

Seventy percent of journalism school students are women, as are 76 percent of students in Columbia University’s prestigious Master of Arts in Journalism program. So what gives that in real-life newsrooms, 60 percent of the seats are filled by men?

I learned those statistics last night at the annual fundraising gala of The Knight-Bagehot Fellowship, a treasure of business journalism that’s been educating mid-career journalists for one-year stints at Columbia University for 39 years.

The keynote speaker was Elisabeth DeMarse, chairman, president and CEO of TheStreet, Inc. From her talk:

“So Columbia J School is doing its bit — it’s manufacturing a trained, credentialed pipeline of female talent. But we are out of synch. There is a gap in hiring and promotion. There is a gap in giving women and minorities a fair chance.”

And a call to action to younger men more prone to being gender- and color-blind:

“Please be leaders. Please hire and help and lift a hand outside of your image, outside of a narrow idea of clubhouse chemistry. After all, isn’t journalism about fairness and objectivity?”

I am not a neutral commentator on Elisabeth. I’m a journalism fellow at TheStreet Foundation and have known her since I joined Bloomberg News in 1995. (She worked for that guy who became mayor of New York City). So I’m biased. That said, consider the closing of her keynote address, and judge for yourself.

Here’s her closing on gender issues: Continue reading

Goldman Sachs Women Say They Make Less Than Men Who Frequent Strip Clubs, Call Them ‘Bimbos’

Four years ago, a former Goldman Sachs & Co. executive and two of her former colleagues sued the firm, alleging sex discrimination and asking to be certified as a class.

Today, the women filed documents that added to an extensive dossier of allegations. Among the filings was a request that a judge in the Federal district court in Manhattan allow H. Christina Chen-Oster and her co-plaintiffs to proceed in their suit as a class representing a class of women who work — or worked — at the bank.

I wrote about the latest round of filings for TheStreet Foundation today. You can read my column here, but here are a few highlights:

There are the strip clubs. The guys who organize departmental golf games and don’t invite the women. The liberal use of the word “bimbo” to describe Goldman women, many of whom graduate from the same Ivy League schools the men do. And, of course, the very discouraging numbers about pay and promotion. But the biggest deal about Chen-Oster’s brief filed in U.S. District Court for the Southern District of New York court July 1 seeking class action status is the redactions. Because even when women and their lawyers fight bitter battles to get their hands on important documents that expose discrimination, companies always seem to find a way to keep the public from hearing about the worst stuff.

Brokerage firms put an immeasurable amount of energy into making sure the public never sees the real numbers on women, promotions, and compensation. And they get apoplectic  at the idea that the public might read allegations like that of former Goldman employee Shanna Orlich, who says she went to a holiday party in 2007 where a male managing director had hired women clad in “short black skirts, strapless tops, and Santa hats” to mingle with the Goldman men.

And yet, somehow, what started as a cluster of professional women at Goldman has mushroomed into a very important case.

Still, there’s much we don’t know.  Take a look at the latest filing and scroll through to see the thick black lines that keep you from hearing the whole story.

Not even the EEOC was allowed at this sex discrimination hearing

On Feb. 26, eight women who had sued Sterling Jewelers, Inc. were ushered into a private hearing room in midtown Manhattan with their lawyers, lawyers for Sterling, and an arbitrator. The door was shut behind them.

Like an increasing number of disputes between employees and employers, this one would be heard in a forum where the public and the press were forbidden.

I asked to attend the late February hearings on this sex discrimination case that could wind up including 44,000 women in 50 states, but the arbitrator declined my request. More important is that the Equal Employment Opportunity Commission – the agency in charge of enforcing federal civil rights laws – also asked, and also was declined. 

Joseph Sellers, a lawyer for the plaintiffs, said that the agency was told it could ask for a transcript, although no guarantee was made that it would receive one.

Sterling, based in Akron, Ohio, is parent of 12 jewelry chains in the U.S., including Jared the Galleria of Jewelry and Kay Jewelers.

The two sides presented their arguments for and against a motion to certify a class of women who’d worked in sales positions at Sterling since 2003. The women at the hearing, who would act as representatives of the class, say that Sterling discriminated against them in its pay and promotion policies.

The case, which I wrote about Saturday in The New York Times, includes examples of some of the worst sexual harassment allegations I’ve ever heard, and that includes the vulgar behavior I wrote about in my book “Tales From the Boom-Boom Room: The Landmark Legal Battles That Exposed Wall Street’s Shocking Culture of Sexual Harassment.”

Sterling says the allegations are “without merit.” Continue reading

Sabew Commentary Award

Today, the Society of American Business Editors and Writers said that I won the “Best in Business” award for commentary in the news agency category for columns I wrote in 2013 for Bloomberg View.

Here’s a list of all the winners, including writers worth following on a regular basis, such as Jesse Eisinger of ProPublica and Michael Smallberg of The Project on Government Oversight (POGO).

If you’re looking for smart and talented financial journalists worth adding to your regular reading list, take a few minutes to go through the roster of Sabew winners.

Notes from the judges on my submission:

NEWS AGENCIES COMMENTARY

Winner: Susan Antilla, Bloomberg View, for her columns.

Terrific topics. Tough, engaging, enlightening, head-snapping. Well-reasoned arguments. Writes with authority and insight in a simple, declarative style that doesnt wander. No navel-gazing. Sophisticated humor used lightly in a way that advances the argument. Not humor for humors sake.

Here are links to the stories the judges considered:

Do Deutsche Bank’s ‘Prettier’ Women Get the Best?

JP Morgan’s Teflon CEO Glides Past Reputation Hits

Hate Follows When the Police Try to Do Their Job

Top Stock Picks of 2013 Lose Out to Honey Boo-Boo

Ten women, one man, get laid off. One of the women sues for bias, and (surprise) loses in court

Rochelle Cohen was fired from her job as a portfolio officer at Bank of New York Mellon on September 20, 2010. So were 9 other women. And one man.She sued the bank and went to trial in Federal Court in New York on July 23. After less than a day of deliberating, the jury ruled for the bank. Here’s my story about the case for The New York Times.

Kim O’Grady becomes “Mr. Kim O’Grady” and Gets the Job

I missed this one when I was off on vacation last week. A management consultant in Perth, Australia — Kim O’Grady — told the story of how perplexed he was back in the late 1990s when he shipped out his impressive resume to employer after employer, but received nothing but rejection letters.

So he studied his CV to see what might be putting people off. “A horrible truth slowly dawned on me,” he wrote. “My name.”

That is, potential employers were probably figuring that  ”Kim O’Grady” was a woman, not a man.

So he says he made a single change — “Kim O’Grady” became “Mr. Kim O’Grady” — and canvassed potential employers all over again. “I got an interview for the very next job I applied for,” he wrote. “And the one after that.”

(I’m awaiting a reply from Mr. O’Grady to understand why he’s revealing a story from the late 1990s all these years later.)

I wish I could say that things have changed in the two decades since Mr. O’Grady’s apparent epiphany. Academics at Yale University asked professors in the biology, chemistry and physics departments at six major universities to evaluate applications from recent graduates looking for jobs as lab managers, slapping the name “John” on half the applications and “Jennifer” on the other half. (There was no difference in the copy other than the first names.) “John” got an average score of 4 out of 7 for competence while “Jennifer” got only a 3.3.

Similarly, a female website developer who was having a tough time drumming up new business changed her name to “James Chartrand” and business picked up nicely. I wrote about that in a blog post on September 24.

There are no doubt neanderthals out there who consciously exclude a woman when they’re evaluating job applications, but the problem is more complicated than that. A New York Times story about the Yale study said that while scientists found bias to be pervasive, it “probably reflected subconscious cultural influences rather than overt or deliberate discrimination.”

Translation: Pay attention when you’re evaluating job applicants. You may not even be aware of what’s motivating you to proceed with some applicants, but to reject others.