
This month, Microsoft became the first Fortune 100 company to support legislation inspired by the #MeToo movement. Our support was part of a journey that continues not only for us, but also for many throughout the country. As we approach 2018, there are opportunities for all of us to ask important questions, learn together and act collectively.
The bill, introduced by Sens Kirsten Gillibrand, DN.Y., and Lindsey Graham, RS.C., would ensure that each person facing sexual harassment can present their case in a public court, rather than only in private arbitration . At Microsoft, our most active participation began on the last day of November during a morning meeting of the company's top leaders. After analyzing our internal efforts to ensure that employees know the ways in which they can raise concerns about sexual harassment, some women asked why we were not more explicit in addressing the issue publicly. They pointed out that during 2017 we found our voice in the travel ban, the Deferred Action for Childhood Arrivals program, LGBTQ rights and Charlottesville. They urged us to address sexual harassment as well.
My initial reaction was that the problem was less about wanting to talk and more about knowing what to say. Last year has been different from any other for many in business. Social problems have made their way not only in the headlines, but also in our conversations in the workplace. Our employees look at us more and more, as their employer, to publicly defend their needs.
When the year began, we asked ourselves how we could handle these problems. Finally we found our way, we decided to talk about important issues that affect our employees inside and outside the workplace, but we always strive to do it in a principled way. We would avoid personal attacks and make clear what we support and not just what we oppose. And we would seek to offer reflective, practical and constructive ideas.
The last part was the most challenging as we consider publicly addressing sexual harassment. What practical steps could we help move forward? It seemed sensible to answer that question before speaking externally.
That need was in my mind when I found myself in Graham's office six days later. Although I was there to continue a conversation about cybersecurity and immigration, our staff suggested that I also ask about the bill that you just submitted.
Graham called my attention when he said that 60 million Americans can not file sexual harassment lawsuits in court because they have employment contracts that require all claims to be submitted exclusively to private arbitration. And I was intrigued when he made a passionate case for Microsoft to become the first company to back legislation to end this practice.
I said we would learn more, which is what we did. It has been a journey that invites reflection.
Some throughout the country read the first news about sexual harassment and thought that these were tragic but isolated incidents. But with each week, more accounts made the generalized nature of the problem undeniable.
To a different degree than many other topics, sexual harassment has persisted because victims have too often been silenced. The change that is needed requires more than brave victims. People need confidence that their voices are heard by an objective listener who can take effective action. This is precisely the problem to which the new legislation refers.
This led us to reflect on another dimension. I asked internally whether Microsoft required any employee to sign arbitration clauses that would prevent a victim of sexual harassment from filing a lawsuit. We had never applied that clause, but we found that a very small percentage of our US employees. UU I had that disposition.
We discussed how to approach this. One option would be to simply wait to see if the law changed. But if we believed that the new legislation was worthy, why not act first and change our own provisions that require arbitration of sexual harassment claims? This seemed like a more principled path. It became the path we took.
It has been interesting to see the interest in Microsoft's changes. This is something we have seen in other topics. Like our employees, the general public increasingly sees companies as an agent of social progress.
This led us to a final reflection. As the country addresses sexual harassment, we each need to summon the will to do more. Action is needed by Congress, businesses, and organizations large and small. At Microsoft, we look forward to identifying and taking additional steps.
Ultimately, I'm struck by the voices that nudged us on our journey in November. They were the voices of Microsoft women in leadership positions. There's a lesson here. It's hard to imagine pervasive sexual harassment at institutions where women are well represented at all levels. That needs to be part - perhaps even the most vital part - of our collective destination.
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