#SWAAYthenarrative
Tamzin B. Smith Portrait Photography

Workplace Harassment: I Took A Chance For Change By Breaking My NDA

4 Min Read
Culture

We have fought this battle before. We fought, we won, and yet were unable to claim a total victory



This is what ran through my head in 2017 when I was deciding whether to break my non-disclosure agreement with WNYC and talk publicly about the bullying and harassment I'd endured while working there. I wondered, "Are women doomed to fight the same battle over and over, generation after generation?"

As a journalist who had covered the issue of sexual harassment and discrimination for years, I already knew several facts about my situation.

  1. Tens of thousands of women had been in the same or similar situation
  2. Some had fought and won
  3. Some had fought and lost
  4. Neither the wins nor the losses had significantly changed the daily working lives of women

Before I decided what to do, I did even more research in the hopes that I could learn from what other women had gone through. As the novelist George Santayana once said, "Those who cannot remember the past are condemned to repeat it."

One of the first stories I read was about Lisa Mays and the women who sued Wall Street. Mays was sexually assaulted while working at Smith Barney and she filed a class action suit against the firm, along with 22 other women. Almost 2,000 women ended up joining the suit, and Smith Barney paid $150 million dollars to settle the case.

One woman told the Washington Post at the time that "It's like they have a manual in their heads as to how to crush women." The case was nicknamed the "Boom-Boom-Room," after an actual room in the firm's Garden City office where male executives consumed vast amounts of alcohol, made lewd comments, and groped multiple women. Think The Wolf of Wall Street, but real life and no Leonardo DiCaprio.

The women who filed the suit were battling mandatory arbitration, a system that forced them to handle complaints within the company and generally take their sexual harassment and assault accusations to white, male arbitrators. One broker allegedly told his female employee that charges of sexual harassment would be dealt with in the Boom-Boom-Room.

Those brave women won their case and helped establish legal precedent for claims of sexual harassment in the workplace. And yet, here we are decades later and 55% of workers who report harassment are still subject to mandatory arbitration. That's more than double the number in the early 2000s. Despite the court victory in the 1990s, one Wall Street lawyer told the New York Times that about 90% of her clients are blocked from legal relief because of binding arbitration agreements. Furthermore, employers have found other ways to silence their workers, like the non-disclosure agreement that I signed when I took the job at WNYC. I chose to speak up in 2017, breaking the NDA that I signed and risking legal action.

One of the great benefits of hosting the show "Retro Report" on PBS is that our mission is to bring greater understanding of today's events by tracing them back to their roots in history. We talked about the #MeToo movement, for example, by telling the story of Lisa Mays and the other women who sued Smith Barney.

Knowing our history, as George Santayana implied, can give us context and insight to better inform our current experience. Even recent history can help. While mulling over my options in 2017, I called the other women who had preceded me in my position to hear what they'd endured and how they'd handled it.

Despite the lessons of both recent and distant history, I was faced with a decision between remaining silent and safe or speaking up to protect the future but risking retaliation. I may have learned from the past but my employers had not. Or, perhaps we had both just learned very different lessons.

A number of the women who were part of the Boom-Boom-Room suit now say that change has been incremental or non-existent in financial firms. If anything, they say, legal victories have simply made the harassment and discrimination more subtle than in was during the heyday of 1990s bro culture.

To quote another famous philosopher, Georg Hegel once said "We learn from history that we do not learn from history." Time and again, we see that mistakes of the past are made by ensuing generations in a never-ending cycle of bad choices with little retribution.

If we are to truly learn from history, it can only be done by examining our past with a clear and honest eye, not seeking to excuse or justify anyone but, instead, to avoid the errors of our elders. I've learned to never sign away my right to justice. I hope other women will learn the same lesson from my experience and the experience of all the women who have come before me. We have fought this battle before. It's time to claim true victory: an end to the contract clauses that seek to silence us.


This piece was originally published September 30, 2019.

3 Min Read
Lifestyle

Tempted To Dial Your Ex: 5 Ways To Know Whether Or Not You Should Contact An Old Flame

Thinking of ringing up your ex during these uncertain times? Maybe you want an excuse to contact your ex, or maybe you genuinely feel the need to connect with someone on an emotional level. As a matchmaker and relationship expert, I was surprised at the start of the coronavirus quarantine when friends were telling me that they were contacting their exes! But as social distancing has grown to be more than a short-term situation, we must avoid seeking short-term solutions—and resist the urge to dial an ex.

It stands to reason that you would contact an ex for support. After all, who knows you and your fears better than an ex? This all translates into someone who you think can provide comfort and support. As a matchmaker, I already know that people can spark and ignite relationships virtually that can lead to offline love, but lonely singles didn't necessarily believe this or understand this initially, which drives them straight back to a familiar ex. You only need to tune into Love Is Blind to test this theory or look to Dina Lohan and her virtual boyfriend.

At the start of lockdown, singles were already feeling lonely. There were studies that said as much as 3 out of 4 people were lonely, and that was before lockdown. Singles were worried that dating someone was going to be off limits for a very long time. Now when you factor in a widespread pandemic and the psychological impact that hits when you have to be in isolation and can't see anyone but your takeout delivery person, we end up understanding this urge to contact an ex.

So, what should you do if you are tempted to ring up an old flame? How do you know if it's the wrong thing or the right thing to do in a time like this? Check out a few of my points before deciding on picking up that phone to text, much less call an ex.

Before You Dial The Ex...

First, you need to phone a friend! It's the person that got you through this breakup to begin with. Let them remind you of the good, the bad and the ugly before taking this first step and risk getting sucked back in.

What was the reason for your breakup? As I mentioned before, you could get sucked back in… but that might not be a bad thing. It depends; when you phoned that friend to remind you, did she remind you of good or bad things during the breakup? It's possible that you both just had to take jobs in different cities, and the breakup wasn't due to a problem in the relationship. Have these problems resolved if there were issues?

You want to come from a good place of reflection and not let bad habits make the choice for you.

Depending on the reason for the breakup, set your boundaries for how much contact beforehand. If there was abuse or toxic behaviors in the relationship, don't even go there. You can't afford to repeat this relationship again.

If you know you shouldn't be contacting this ex but feel lonely, set up a support system ahead of time. Set up activities or things to fall back on to resist the urge. Maybe you phone a different friend, join a virtual happy hour for singles, or binge watch Netflix. Anything else is acceptable, but don't phone that ex.

Write down your reasons for wanting to contact the ex. Ask yourself if this is worth the pain. Are you flea-bagging again, or is there a friendship to be had, which will provide you with genuine comfort? If it's the latter, it's okay to go there. If it's an excuse to go back together and make contact, don't.

Decide how far you are willing to take the relationship this time, without it being a rinse and repeat. If you broke up for reasons beyond your control, it's okay. If your ex was a serial cheater, phone a friend instead.

If there was abuse or toxic behaviors in the relationship, don't even go there. You can't afford to repeat this relationship again.

As life returns to a more normal state and you adjust to the new normal, we will slowly begin to notice more balance in our lives. You want to come from a good place of reflection and not let bad habits make the choice for you. Some do's and don'ts for this time would be:

  • Do: exercise ⁠— taking care of you is important during this time. It's self-care and maintaining a healthy lifestyle.
  • Do: shower, brush your teeth, and get out of your sweats.
  • Don't: be a couch potato.
  • Don't: drink or eat excessively during this time. Again, remember to maintain a healthy lifestyle.
  • Do: think positive thoughts everyday and write down the 3 things you are grateful for. Look at the impact of John Krasinksi's SGN. It's uplifting and when you feel good, you won't want to slide backwards.
  • Don't: contact a toxic ex. It's a backward move in a moment of uncertainty that could have a long term impact. Why continue flea bagging yourself?