Would You Have Sued Them?

November 2023

These days we’re seeing a variety of questionable actions and decisions regarding gender rights and discrimination.  While I fully support men and women vying for leadership positions in the workplace, I am not in favor of biological men competing in women’s sports. In athletic competitions women should stand up for their rights to compete fairly—with other biological women.

There is a reason why women-only sports and teams were created. Thanks to God-given testosterone levels, muscle mass, bone density, height, etc., women simply don’t have the physical prowess of men. Vive la difference!

That said, men and women are on a more level playing field in workplaces where job performance and leadership acumen are demonstrations of one’s mental acuity, logic, creativity, strategic ingenuity, situational judgement, and strength of character.  I address how to best leverage one’s unique strengths in my books Strong Suit: Leadership Success Secrets from Women on Top and Women on Top: What’s Keeping You from Executive Leadership?       

Recently, a legal editor for the Society for Human Resource Management (SHRM) asked me to (1) comment on last month’s $1M jury verdict against Google for gender bias against a female executive and (2) offer tips on how employers and human resources personnel in large companies might avoid gender discrimination in promotion processes.   

If you are not familiar the case Rowe v. Google LLC, No. 1:2019cv08655 - Document 219 (S.D.N.Y. 2022),  here’s a high-level summary: Following a week-long trial, the jury unanimously found Google LLC had treated a female technical director differently than other employees with the same title because of her gender. Google was ordered to pay the woman $150,000 for pain and suffering, and $1M in punitive damages.

The woman had come into the job with 23 years of technology experience in the financial services industry. She was hired as a level eight employee. Some of the men who were hired into similar positions at approximately the same time—with allegedly less experience—were hired as level nine employees. 

The woman claimed Google had discriminated against her by hiring her at a lower level than some of the men; they paid her less than her male peers for similar work; and they denied her a promotion for which she believed she was qualified. The promotion, she argued, went to a less qualified man. She also alleged Google retaliated against her by demoting her after she complained about discrimination.

After reading the case (see link above), I provided the following comments to the SHRM legal editor:

“As recollections can be faulty, it’s difficult to determine in hindsight what really happened in a given situation. That said, no matter how objective and well-intended hiring and promotional processes are designed to be, virtually every personnel-related decision is somewhat subjective. Hiring and promotional decisions typically come down to the hiring manager’s (or hiring team’s) assessment of a candidate’s cultural fit, demonstrated strategic foresight, likelihood to deliver on commitments and enhance esprit de corps, and their ability to proactively navigate the potential challenges and head winds that could otherwise undermine the organization’s future success.

“Over my years of mentoring high potential women leaders and interviewing C-suite executives in major corporations, I’ve discovered that women don’t always ask for what they want, nor do they ask the kind of questions that could better enable them to understand what it takes to win the kind of position or compensation package they believe they deserve.

“My findings may sound biased, but in general—and particularly in male-dominated organizations—men tend to be more aggressive than women when it comes to “going for the gold.” When women believe they have unfairly lost opportunities to men who they assess to be less deserving, some consider lawsuits as their best opportunity for recompense.

“Human Resources organizations and employers should learn from this case that some women may need extra mentoring in terms of their promotability and the art of negotiation. To be most effective, mentors should be at least somewhat familiar with the organizational culture and the decision-making personalities involved. Mentors must also be candid and straightforward with women when discussing the issues and circumstances that could be undermining the female candidate’s promotability and/or negotiating prowess.

“While truth is critical, it’s also subjective. My advice to any woman desirous of getting ahead is this: eagerly seek counsel, both proactive (before pursuing an opportunity) and after a loss—ideally with the hiring manager—to better understand what you can do to position for and maximize your chances of winning the next ideal opportunity.”   

Now I’ll add a few more practical tips for you here: 

• Never assume you will magically be offered a great promotion the next time the perfect stretch opportunity for you appears on the horizon. While you may have been offered your first promotion or two seemingly out of the blue, promotions are not automatically bestowed upon you once you reach mid-level management. You must take charge to lead your own career development mission. It is up to you to make your value known to the key decision-makers by planting those seeds with clarity and specificity.

• Articulating the value of your personal brand is not the same thing as bragging. It is simply letting someone higher up, who may not be aware of your accomplishments, know your ideas about how you could lead the effort to move the organization ahead, and why you can be trusted to make things happen. Your ability to do so is vital to your success.

• If the right people have not noticed or do not appreciate your best efforts, those efforts may be meaningless. Those above you need to be made aware that you are ready, willing, and quite able to take that next big, important, career-broadening step.

Whenever you have your eye on a particular promotional opportunity, consider how you could best define your unique value proposition for the role. Then proactively tell your boss and the key hiring manager, “I can help the organization do this. This is something I am good at, and I want to do this.”

When made aware of a developmental opportunity that interests you, speak up to your boss and let them plant the seed with others. You’ll be amazed at the doors that can open for you when one or more highly respected superiors endorse you as someone who has proven ability to succeed in the job.

Finally, strive to avoid lawsuits. Properly managing disputes and demonstrating that, above all, you care about the organization’s success will pay dividends.