Workplace Sexual Harassment in the Entertainment Industry

The recent trailer for the upcoming film Bombshell depicts a hauntingly quiet elevator ride between three women who, we will soon discover, have something awful in common. The film, which will be released in December, is based on the real-life sexual harassment case against the founder and former CEO of Fox News, Roger Ailes. The women who are at the heart of this film, were employed at Fox News and brought forward the allegations against Ailes.  

Workplace Sexual Harassment in the Entertainment Industry

The topic of workplace sexual harassment is now at the center of most discussions around workplace safety and workplace culture, but it would be naive to presume that all workplaces are safer since the Me Too movement gained steam in 2017.

Certain workers, by nature of their professions, are in a particularly difficult position with regard to workplace sexual harassment. While the Me Too movement has made a very deliberate attempt to expand its outreach beyond the entertainment and media industry, often making the point that harassment occurs in all industries, individuals who work in entertainment and media do face particular vulnerabilities.

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Standard versus Snowflake Workplace Legal Issues

Yes your business’ legal issues are full of many special and unique snowflakes to litigate. And then sometimes they are not and you just need a standard contract that is relevant and applicable to your workplace. When is which? 

In the modern age of the democratization of knowledge, where online software can provide some pretty decent options to help resolve workplace issues and where legal subscription options can make legal documents and services more cost-effective, when should a business bother to hire a lawyer? 

Not always, to be frank.

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Texting at work

Let’s face it, we are all addicted to our phones. Some of us have jobs where our phones are required to be locked up in a locker for the day and we only have access to them on breaks. As a desk worker – who does not have to lock up her phone – I can only imagine the agony! 

Time spent on a personal device can interfere with work and productivity. Ever fall into an Instagram trance and next thing you know 2 hours have passed? Sure, you haven’t…

Personal devices and the persistent distractions of the digital era can be a problem for employers. In certain workplaces, distraction by a digital device can be dangerous or bad for customer relations. I’m sure we’ve all been kept waiting at some point by an employee who was giggling into their phone instead of helping us. 

So, what can employers do?

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Fired by a robot!

Amazon has been in the news recently for its practice of tracking warehouse workers’ box packing speed and firing them if they do not “make rate.”  According to internal Amazon documents, related to a termination at a Baltimore Maryland warehouse location, Amazon’s automated tracking system automatically generates a series of warnings. After 6 warnings in 12 months, a termination is automatically generated if workers fail to meet “efficiency” standards.  These termination decisions are made automatically by the system and without input from a real person, though Amazon says that supervisors are able to override the automatically generated terminations.

We have truly reached an age where people and robots are working together and where robots are effectively performing an HR function. HR, unlike a self-checkout or an assembly line robot, is something we normally think of as a soft, people only skill! Robots are branching out! However you may feel about machines in the workforce, we think it’s pretty cool that robots are expanding their skill set. While there are certainly risks to be navigated and considered, there are also undoubtedly gains to be had in terms of efficiency and elimination of bias. Robots do not have teacher’s pets!  But should robots be making human resources decisions?

When Your Boss is a Robot

So, effectively, Amazon workers are, to an extent, monitored and managed by these rate tracking robots. The robot supervisors also track the time an employee is “off task” – reportedly causing some employees to skip bathroom breaks. Decisions about productivity rates are made by (human) managers outside of the facility and changed only if more than 75% of the workforce fails to meet the targets. Targets are reviewed quarterly.

Amazon says that a worker can apply to have their termination reviewed by the general manager of their facility or to an appeals panel of their peers. In the Baltimore documents noted above, the terminated worker on one occasion gave the excuse that his “rate” was low because he was ill. He was told by the peer review panel that he should not have come in if his illness was going to slow him down and impact his rate.  

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Thanks to our Readers!

We put a lot of work into making our blog readable and relevant and were thrilled to see all that work paid off in 2018.

We are excited to announce that we recently won TWO 2018 legal blogging awards! We are so grateful to our readers for your ongoing support, helpful topic suggestions and feedback.

We want to share all the deets with you!

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