‘A Constant Drumbeat’ of Racial Essentialism‘

Similar to the case of Toronto principal Richard Bilkszto and DEI training of the Kojo Institute:

That surviving claim concerns whether De Piero was subject to a hostile work environment. Penn State’s approaches to race and DEI, as described in his complaint, “plausibly amount to ‘pervasive’ harassment,” Beetlestone ruled. She qualified her ruling, noting that “discussing in an educational environment the influence of racism on our society does not necessarily violate federal law.” In fact, a workplace “dogmatically committed to race-blindness at all costs” would “blink at history and reality,” she wrote, adding that training on concepts such as white privilege, white fragility, and critical race theory “can contribute positively to nuanced, important conversations.”

She is clearly not an “anti-woke” ideologue. Still, the ruling declared, “the way these conversations are carried out in the workplace matters: When employers talk about race—any race––with a constant drumbeat of essentialist, deterministic, and negative language, they risk liability under federal law.”

What did De Piero describe that struck the judge as plausibly constituting that “constant drumbeat”?

After the murder of George Floyd in 2020, all Penn State faculty and staff were told to attend a “Conversation on Racial Climate” on Zoom. During the session, Alina Wong, an assistant vice provost for educational equity, “led the faculty in a breathing exercise,” De Piero’s complaint states, “in which she instructed the ‘White and non-Black people of color to hold it just a little longer—to feel the pain.’”

On at least four other occasions in 2020 and 2021, the judge wrote, De Piero “was obligated to attend conferences or trainings that discussed racial issues in essentialist and deterministic terms—ascribing negative traits to white people or white teachers without exception and as flowing inevitably from their race.” One session involved a presentation about “White Language Supremacy.” Another included examples of ostensibly racist comments “where every hypothetical perpetrator was white,” the judge continued.

The ruling noted De Piero’s claim that he was subject to “race-based theories condemning white people for no other reason than they spoke or were simply present while being ‘white,’” and that his supervisor “spoke of race conscious grading” and accused white faculty of unwittingly reproducing “racist discourses and practices” in the classroom. Once, faculty members even had to watch a training video titled “White Teachers Are a Problem.” In 2021, De Piero told an administrator that he felt harassed and singled out because of his race and asked that anti-racism training sessions be stopped. He filed a report with the Pennsylvania Human Relations Commission. He also filed a bias report with Penn State’s affirmative-action office. A staffer there allegedly told him, “There is a problem with the white race,” and urged him to keep attending anti-racism workshops.

In ruling that these and other allegations “plausibly amount to ‘pervasive’ harassment,” Judge Beetlestone did not necessarily conclude that everything happened just as De Piero claims. But if events did happen that way, she reasoned, then Penn State is “plausibly” guilty of creating a hostile climate. When I asked Penn State for comment on the factual accuracy of De Piero’s complaint, a spokesperson replied that the university does not comment on ongoing litigation.

Whether or not De Piero prevails at trial, Beetlestone’s ruling could have an effect on how schools approach DEI. The kind of DEI programming described in De Piero’s complaint is widespread on college campuses; I’ve encountered many examples of similar programming through my reporting. Now lawyers may scrutinize that programming partly with Beetlestone’s ruling in mind. And colleges hoping to avoid liability or costly lawsuits may study the fact pattern that Beetlestone saw as plausibly unlawful. If they’re doing anything similar, they may reconsider.

That’s why people who see DEI initiatives as racist or regressive are excited by this lawsuit—which was filed with financial support from the Foundation Against Intolerance and Racism, a civil-liberties group—while supporters of DEI initiatives are lamenting it. As the writers of the open letter criticizing the case put it, “We understand the stakes of this lawsuit, which regardless of its outcome will have a chilling effect on [DEI] and antiracist initiatives throughout systems of higher education.”

College administrators should facilitate the free speech of professors (including vocal supporters and opponents of progressive DEI initiatives) regardless of race, not train or compel faculty to adopt essentialist or discriminatory views. Aside from all of the legal questions about what constitutes a hostile workplace or a discriminatory DEI initiative, institutions involved in these disputes ought to ask themselves: Is diversity, equity, or inclusion really advanced by an administrator saying the white race has a problem, or by white professors being asked to hold their breath in order to feel pain? Legal or not, that sounds like prejudiced, alienating nonsense.

Source: ‘A Constant Drumbeat’ of Racial Essentialism‘

‘Quite alarming’: Study reveals hostility toward immigrants in London, Middlesex

Not sure how significant the study is given the small numbers. And no evidence cited to justify or quantify the statement that some may leave:
A new study shows immigrants in London and Middlesex County regularly face discrimination with a majority of people surveyed reporting some form of harassment or discrimination.
The study, funded by the London and Middlesex Local Immigration Partnership, examined the experiences of 30 London and Middlesex County immigrant and racialized people.
It’s a followup to a survey conducted by the same team that found about 60 per cent of those who identified as immigrants in Southwestern Ontario said they experienced some level of discrimination or racism in the last three years.“The stories we heard were quite alarming in terms of the types of experiences people are having in our community and how it made them feel and how it may be influencing their lives,” Victoria Esses, director of the Centre for Research on Migration and Ethnic Relations at Western University, said. “It’s important to know if we don’t treat people well they are not going to stay here.”

A group of Western University researchers led by Esses heard newcomers say they were overlooked for promotion and their work was underappreciated. Those surveyed also described being called names or being yelled at in public, researchers said.

“The reaction . . . is to be depressed, upset and crying because of these attacks,” Esses said.  “(They were) feeling that their health and careers were being impacted . . . not feeling that they belong in the community and not willing to stay here.”

“You can have all the plans you want (to welcome immigrants to London and Middlesex County), but if people are not being treated properly in the community, they’re going to leave,” Esses said.

Jonathan Juha, communications officer for the London and Middlesex Local Immigration Partnership, said attracting immigrants is only half of the equation.

“Retaining that talent and getting people to stay here is critical, but the chances of someone choosing London as the place where they put down roots go down if they don’t feel welcome in the community,” he said.

People often are afraid to report discrimination or they don’t know where to report it, Esses said.

“(We need to be ) much more explicit in the workplace about what constitutes discrimination and that there is zero tolerance for it and what people should do when they experience it,” Esses said.

“Our suggestions include having a much more transparent process for reporting discrimination and making it safe for people to do that.”

Source: ‘Quite alarming’: Study reveals hostility toward immigrants in London, Middlesex

Harassment of Hong Kong activists ‘never stops,’ even for those now living in Canada

Disturbing and unacceptible:

Alison Lai’s grandfather arrived as a refugee in Hong Kong seven decades ago, trading the chaos of 1950s China for the safety of what was then a British colony.

In 2020, China made a refugee of Ms. Lai, too.

The pro-democracy activist fled Hong Kong, the city of her birth, for Canada last year as Beijing tightened its grip over the territory it acquired from Britain in 1997. She was part of an exodus that has only expanded since China enacted a draconian national security law to silence critics in the city it had once promised would be allowed to retain Western-style civil liberties.

Ms. Lai, 32, is one of thousands of Hong Kongers looking to build a new life in Canada. Like her, some have been granted asylum as political refugees. Others are applying for immigration programs designed to attract well-educated foreigners.

In March, 2020, Ms. Lai’s life was turned upside down in a matter of hours after a friend warned that the Hong Kong police were looking for her. A veteran of the protests that rocked the city when citizens demanded accountability from the Beijing-backed government, she had been tear-gassed, beaten with batons and followed for days by police.

Her friends were being arrested, and it was time for her to leave. By the next day, she was on a flight out of Hong Kong.

She headed for Canada, claiming asylum upon arrival – just days before Canadian authorities closed the border as a pandemic measure.

It took a year for the government to officially recognize her under the United Nations Convention relating to the Status of Refugees: someone who cannot return to their home “due to a well-founded fear of persecution based on race, religion, political opinion” or other factors.

She has begun building a life in Calgary. Educated as a journalist, she now works in retail. She and other Hong Kong activists have also founded a non-profit organization, the Soteria Humanitarian Institute, to help resettle Hong Kongers, Tibetans and Uyghurs fleeing persecution in China. In Greek mythology, Soteria is the goddess of safety and preservation from harm.

But as with many Hong Kong activists, a fresh start in Canada does not mean an end to harassment and attacks from the Chinese Communist Party and its proxies.

Each day, Ms. Lai is subjected to a torrent of abuse when she opens up Soteria’s social-media accounts.

She is the first Hong Kong refugee to allow The Globe and Mail to publish their name and city of residence, hoping to draw attention to what is happening to critics of China’s authoritarian government who now live in Canada.

As the spokesperson for the group, Ms. Lai is the main target of the anonymous harassers. She receives dozens of missives daily full of foul words and misogynistic attacks. She has been sent video clips of beheadings. “You are such a shame for a Hong Konger. … Be careful you don’t die in an accident,” one recent message said.

They have found out where she works and know her daily routine. They often threaten to pay her a visit.

Her tormentors even know when she has taken part in a protest outside the Chinese consulate in Calgary. This summer, while protesting the 2022 Beijing Winter Olympics, Ms. Lai saw men with telephoto lenses taking pictures of the rally participants from the balconies of neighbouring buildings.

Soon after, the harassment referred to her participation in the demonstration. “Why don’t you go back to Hong Kong and protest the Winter Olympics there?” one said.

Ms. Lai’s friends have taken the matter to the RCMP and the Calgary police. Last year, Ottawa urged anyone being targeted in such a manner to speak to law enforcement.

Martin Seto, a Calgarian with the New Hong Kong Cultural Club, which also supports asylum seekers, said he spoke to the RCMP’s Integrated National Security Enforcement Team, but they told him it’s difficult, if not impossible, to trace harassment online – particularly if it’s coming from another country.

The RCMP did not respond to a request for comment.

Cherie Wong, the executive director of Alliance Canada Hong Kong, an umbrella group for Hong Kong pro-democracy activists in Canada, said they and their supporters are particular targets for intimidation. “Harassments of dissidents in the diaspora never stops,” she said. “The Chinese Communist Party in Beijing has identified these folks as clearly disobeying the interests of the Hong Kong and Chinese governments.”

Ms. Lai said she refuses to give in to the harassers. “They sound like Chinese uncles,” she said, using a term for older men.

Nevertheless, the stress of starting over about 11,000 kilometres from home sometimes weighs heavily with her. She left behind a well-paying job – and parents who as recently as this spring received a visit from Hong Kong police officers looking for her.

On rare occasions, the enormity of what she has taken on is too much to bear.

“Last winter – it was the first winter in Calgary. I was so cold after I took a shower. And I couldn’t stop crying,” Ms. Lai recalled.

If she had not chosen this life, she could still be enjoying warm weather in Hong Kong, taking afternoon tea or shopping.

But she remains committed to her path and motivated by two goals: supporting other exiles from China and telling the story of what the Chinese Communist Party has done to her people. “When you find something wrong, it is a citizen’s responsibility to tell the government they are wrong.”

Source: https://www.theglobeandmail.com/politics/article-harassment-of-hong-kong-activists-never-stops-even-for-those-now/?utm_medium=Referrer:+Social+Network+/+Media&utm_campaign=Shared+Web+Article+Links

The federal government has a toxic workplace problem. Julie Payette is the tip of the iceberg

A bit overblown given the selection of departments, CBSA and CSC enforcement departments. A broader look at departments would indicate a range of workplaces, some better than others.

For example, 19 percent of CBSA employees reported harassment compared to 14 percent for the total public service, satisfaction with resolution, 28 percent CBSA, 35 percent public service.

For CSC, 26 percent compared to the same 14 percent, satisfaction with resolution, 30 percent compared to the same 35 percent.

For contrast, take IRCC; 11 percent, lower than the government-wide 14 percent, satisfaction with resolution, 35 percent, same as the government-wide average.

Analysing 2017-19 staffing data (hirings, promotions, separations) and it is showing a modest improvement compared to the PSC audit. Hope to get this analysis out shortly:

The federal Liberal government has a deepening workplace problem.

Despite all the promises, targets, legislation and regulations, and all the good intentions to bring equity, harmony and respect into the federal public service, things seem to have gotten worse, not better.

For years, news stories have documented harassment or “toxic” workplaces in the unlikeliest spaces, be it in the RCMP, the military or now at one of the top public offices in the country — the governor general’s.

An independent review has described a “reign of terror” at Rideau Hall under Julie Payette and her friend and top aide, Assunta Di Lorenzo.

Its conclusions were powerful enough to lead Payette and Di Lorenzo to resign last week.

And it was maddening to read, in black and white.

The report, rife with redactions to protect the confidentiality of workers who suffered their wrath, was full of adjectives to describe a nightmare work environment: “hostile,” “negative,” “poisoned.”

Employees described “walking on eggshells” and reported “yelling, screaming, aggressive conduct, demeaning comments and public humiliations.”

But by blacking out details of specific incidents, it missed an opportunity to do everyone in the public service — and beyond — a public service. It needed to “show, not tell” exactly what cannot be tolerated in a modern workplace.

Because clearly, people still don’t get it.

Other federal workplaces are undergoing a similar crisis.

Mark O’Neill, the president of the Canadian Museum of History and the Canadian War Museum, is currently on leave, and a review of complaints of workplace harassment is reportedly complete.

The Canadian Human Rights Museum in Winnipeg issued an apology and replaced its top executive after an independent review of complaints of systemic racism, homophobia and workplace issues.

The federal auditor general in 2019 criticized two other sprawling federal departments for failing to maintain respectful workplaces.

Investigations found the Canada Border Services Agency and Correctional Services Canada knew they had problems in the workplace, “yet neither organization had developed a comprehensive strategy to address them.”

“Employees feared reprisal if they made complaints of harassment, discrimination, or workplace violence against fellow employees or supervisors. They also had serious or significant concerns about a lack of civility and respect in their workplaces,” the auditor general found.

It was only on Thursday — the day after the Payette report was released — that the parliamentary public accounts committee examined that 2019 audit.

“A lot of the culture we’re seeing coming out at the governor general’s is embedded in almost every aspect of the public sector,” said NDP MP Matthew Green, “and a good snapshot of that is in CBSA and CSC.”

In the past, Ottawa has tried to effect change, usually through legislation.

In 2015, Justin Trudeau campaigned on a pledge to “take action to ensure that Parliament and federal institutions — including the public service, the RCMP and the Canadian Armed Forces — are workplaces free from harassment and sexual violence.”

His government passed legislation in 2018 to address harassment and violence in Bill C-65. New regulations under that law finally took effect this month.

The new law emphasizes employer accountability to prevent workplace harassment and violence. It defines harassment and violence, and expands the definition to include — as the Defence Department has informed its employees — “a full spectrum of unacceptable behaviours, ranging from teasing and bullying to sexual harassment and physical violence.”

On Thursday, by sheer coincidence, the federal Canadian Centre for Occupational Health and Safety flagged three online training courses for all federal managers and employees on the new workplace regulations.

Too late for Rideau Hall.

The federal government has also set itself equity in employment goals using federal laws like the Employment Equity Act, yet it has failed to diversify the ranks of federal employees and managers.

An audit by the Public Service Commission published Thursday showed visible minorities, Indigenous people and people with disabilities are still not making it past the recruitment and hiring process.

Only women showed an increase in representation through hiring for the federal public service between 2016 and 2017.

The audit tracked more than 15,000 applications across 30 federal departments and agencies.

Disabled people saw the biggest drop, while among visible minority groups, Black Canadians fared worst.

It is likely the federal government wanted to get ahead of the dim picture painted by the Public Service Commission’s audit.

On Tuesday, it floated the notion of bringing in even more legislative changes to make the public service more diverse, this time through “possible amendments” to the Public Service Employment Act.

But the sad reality is, despite existing laws, even when women, visible minorities, Indigenous people and people with disabilities do succeed in getting their feet in the door, their work environments can be oppressive.

A lawsuit filed by a group of Black public service employees in December says they face systemic discrimination, racism and employee exclusion.

So far, some 400 Black public servants, current and former, have joined the effort to have a court certify the claim as a class-action lawsuit against the Canadian government on behalf of 45,000 Black public servants.

Jennifer Phillips, who retired on Dec. 30 after 30 years at the Canada Revenue Agency, is one of the founding plaintiffs.

Based in Toronto, she first started working in CRA’s client services department and got only one promotion in all those years, to collections. She worked with the union to help other employees through the hiring and promotion process, and says she witnessed Black employees passed over, including herself, for jobs, while she saw others face demeaning comments. 

“I’ve seen it happen to others. It exists, but I’m one to brush things off,” she said.

It was after George Floyd’s death last spring, and a tone-deaf response by the department, that Phillips decided to mobilize with another founding plaintiff to organize the lawsuit and seek real change.

When she read about the report into Payette and Di Lorenzo’s treatment of their workers, Phillips said it all sounded very familiar, and she felt for the employees.

The prime minister, she says, owes them “a huge apology.”

“Could you imagine the mental health trauma to these individuals, of having to live it day after day, some of them keeping it to themselves before they start talking about it?”

Finally talking about toxic workplace environments is a relief, she said. “It’s like a weight off your shoulder. But you’re now second-guessing yourself — ‘Why did I take so long? Why did I let it happen?’”

Phillips said Trudeau should follow the example of U.S. President Joe Biden who, on his first day in office, said he would fire any staff member he finds showing disrespect to others. “Have a talk to all your leaders and let them know this type of behaviour is unacceptable and it will not be condoned.”

But Matthew Green, the New Democrats’ government operations critic, said the time for talk is over.

“Trudeau is big on branding and very, very short on delivery,” he said in an interview. “Time and time again, we see policies that on their face look progressive, but as soon as we scratch the surface it’s clear that they’re not actually resulting in outcomes.” 

He said if the Trudeau government “followed through on just a fraction of the promises they made to improve equity and workplace culture, we’d be a lot further along. Time and time again, reports are showing us that the culture remains, and there is zero accountability,” for what Green says is “ongoing workplace harassment and violence that’s being widely reported on.”

Source: https://www.thestar.com/politics/federal/2021/01/28/ottawa-has-a-toxic-workplace-problem-julie-payette-is-the-tip-of-the-iceberg.html

Facebook COO warns women that male executives may stop hiring them because of sexual harassment scandals

Header misleading – Sandberg’s comments quite different:

The chief operating officer of Facebook, has warned of a potential backlash against women in the workplace following recent high-profile sexual harassment scandals. Sheryl Sandberg, one of the most powerful businesswomen in the world, said she had already heard “rumblings” that male leaders of companies may be increasingly reluctant to hire female employees because they feared their firms becoming involved in disputes.

Sandberg urged companies to put policies in place on how to handle allegations. Writing on Facebook, she said: “I have already heard the rumblings of a backlash: ‘This is why you shouldn’t hire women.’ Actually, this is why you should.” She added: “The percentage of men who will be afraid to be alone with a female colleague has to be sky high right now.

“So much good is happening to fix workplaces right now. Let’s make sure it does not have the unintended consequence of holding women back.”

Outlining her own experiences Sandberg, 48, said she had suffered sexual harassment in the past, and continued to do so despite the power she now wields. On one occasion, early in her career, a man at a conference came to her hotel room late at night and banged on her door until she had to call security. She said: “Like almost every woman – and some men – I know, I have experienced sexual harassment in the form of unwanted sexual advances in the course of doing my job.

“A hand on my leg under the table at a meeting. Married men – all decades older than I – offering ‘career advice’ and then suggesting that they could share it with me alone late at night.”

She made clear that none of the harassment was by men she had worked for, and all of her male bosses during her career had been “not just respectful, but deeply supportive”. But in each case the harasser had more “power” than her.

A hand on my leg under the table at a meeting. Married men – all decades older than I – offering ‘career advice’ and then suggesting that they could share it with me alone late at night

She said: “That’s not a coincidence. It’s why they felt free to cross that line.

“As I’ve become more senior, and gained more power, these moments have occurred less and less frequently. But they still happen every so often.”

Sandberg said the current movement against sexual harassment was a “watershed moment” and an “opportunity that must not be lost.”

via Facebook COO warns women that male executives may stop hiring them because of sexual harassment scandals | National Post

CSIS faces $35-million harassment, discrimination lawsuit

Of the three – CSIS, Canadian Forces and RCMP – CSIS has the best visible minority  numbers:

Canada’s spy agency is being sued by five employees who are looking for upwards of $35 million in damages over allegations of years of harassment and discrimination based on their religion, race, ethnicity, gender and sexual orientation.

A statement of claim filed in Federal Court alleges that harassment, bullying and “abuse of authority” is rife within the Canadian Security Intelligence Service and that managers condone such behaviour.

The allegations are based on the experiences of five employees, none of whom can be legally identified within the document.

They allege that the harassment they have faced over years has caused them embarrassment, depression, anxiety and loss of income. They also allege that their complaints were ignored or dismissed by senior managers, some of whom suggested they should keep quiet out of fear of reprisal.

None of the allegations in the 54-page document have been tested in court.

In a statement, CSIS director David Vigneault says the agency does not tolerate harassment under any circumstance, which is reflected in the employee code of conduct.

Any allegations of inappropriate behaviour are taken seriously, he says.

Public Safety Minister Ralph Goodale have yet to respond to a request for comment.

Source: CSIS faces $35-million harassment, discrimination lawsuit – The Globe and Mail