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Re:Resignation Letter by slg on Tuesday July 14, 2020 @11:56AM (#23833417)
It always amazes me when the people who champion "the centrality of the free exchange of ideas to a democratic society" will also turn around and say something like their political beliefs being mocking by coworkers is "unlawful discrimination". She doesn't want free speech. She wants consequence free speech. She wants her detractors silenced by the law. What a hypocrite.
Re:Resignation Letter by throwaway894345 on Tuesday July 14, 2020 @12:18PM (#23833800)
I don't understand why she's such a polarizing figure. In particular, the criticisms I've heard from her and other free-speech advocates amount to "anyone who supports free speech but also exercises their own free speech rights to criticize others is a hypocrite". I understand that it's confusing to distinguish between "criticism" and "suppression of speech" (e.g., campaigning to get someone fired from their job), but the distinction is real and thus there is no hypocrisy.

In Bari's case, she can be simultaneously in favor of free speech but not want to work someplace where she is incessantly criticized or where she lends her credibility to an institution that is ultimately morally corrupt. There's no contradiction here. Specifically, I don't see anything that supports "she wants her detractors silenced by the law". She asks for company policy with respect to social media harassment to apply to those who harass her as it applies to other cases in which she's not the subject of the harassment. This seems like a pretty reasonable policy and one which isn't especially at odds with free speech ideals. I grant that there's a fine line between "harassing" and "criticizing with appropriate respect", and while I think axe emojis and consistent references to her Jewish identity make this pretty clearly a case of harassment, my opinion doesn't matter--what matters is whether the NYT's own standard for harassment. For example, would the NYT consider it harassment if the target were a black progressive instead of a Jewish liberal?

Re:Resignation Letter by PhineasRex on Tuesday July 14, 2020 @12:34PM (#23834089)
Several NYT employees have come out with stories of Bari trying to get them fired for disagreeing with her and she has publicly joined or led campaigns to get people fired from other organizations. Here's a good overview of her involvement in censorship campaigns: https://theintercept.com/2018/03/08/the-nyts-bari-weiss-fals...
Re:Resignation Letter by throwaway894345 on Tuesday July 14, 2020 @02:14PM (#23835579)
I've skimmed the article and the article linked to in the tweet that was linked to in the story, but while both are clearly heavily spun I don't see anything damning that would indicate that Bari tried to get anyone fired.

Further, as far as I can tell, this all centers around things she did in college and I'm of the opinion that people shouldn't be faulted for their college antics. Ibram X. Kendi wrote that white people were literally aliens and Nikole Hannah-Jones wrote that "the white race ... is the biggest murderer, rapist, pillager, and thief of the modern world" and "the descendants of these savage people ... continue to be bloodsuckers in our communities". The had abhorrent views, and now they're gainfully propagating moderately improved views on an international stage. Perhaps she (like many on this forum and elsewhere in the debate) was still trying to understand the difference between "cancellation" and "criticism"?

In any case, to the extent that she participated in any cancellation, she was wrong to do so.

Re:Resignation Letter by slg on Tuesday July 14, 2020 @12:45PM (#23834288)
I am Jewish. The response Weiss received has nothing to do with being Jewish. There are countless other Jews who work at the NYT without issue. Her job is to voice opinions in the pages of the NYT. She is being criticized for how she chooses to perform that job. I was focusing on the discrimination aspect of her accusations because I do agree that some of the treatment she received qualifies as harassing. However nothing she experienced is discrimination.
Re:Resignation Letter by tomcam on Tuesday July 14, 2020 @12:25PM (#23833916)
> She doesn't want free speech. She wants consequence free speech. She wants her detractors silenced by the law

Not sure we read the same letter. Can you support these assertions based on the text?

Re:Resignation Letter by slg on Tuesday July 14, 2020 @12:42PM (#23834223)
I thought that was clear from my previous comment, so I'm not sure how much clearer I can make it. She used the term "unlawful discrimination". She wants this behavior to stop. She is calling this behavior out as illegal. I don't think it is a leap to think that she wants this behavior that she is against and called illegal to be stopped by the law.
Re:Resignation Letter by asquabventured on Tuesday July 14, 2020 @01:02PM (#23834533)
I think she wants her previous employer to protect her rights and not be subject to a hostile work environment, no?
Re:Resignation Letter by smsm42 on Tuesday July 14, 2020 @01:56PM (#23835301)
I think she wants a culture where one can honestly disagree and debate on important questions without being called a Nazi and mobbed into oblivion. Unfortunately, the modern left is not that culture and working for a large leftist newspaper is not where you can find that culture.
Re:Resignation Letter by tomcam on Tuesday July 14, 2020 @01:11PM (#23834671)
> I don't think it is a leap to think that she wants this behavior that she is against and called illegal to be stopped by the law.

I’m not sure your mind reading skills are quite up to the job you’ve assigned yourself...

Re:Resignation Letter by slg on Tuesday July 14, 2020 @01:25PM (#23834885)
I have provided two different explanations for my interpretation. You have just commented that I am wrong twice. If you want me to actually consider your opinion, maybe you should actually give a reason why I am wrong.
Re:Resignation Letter by luckylion on Tuesday July 14, 2020 @02:26PM (#23835750)
> She wants this behavior to stop.

"this behavior" being insults, mobbing and "ax emojis + name", not "disagreement", apparently.

Wouldn't you? And if you don't, why would you draw any line? Why shouldn't it be okay to get beaten up for saying "the wrong thing", it shouldn't be "consequence free speech" after all?

Re:Resignation Letter by manfredo on Tuesday July 14, 2020 @01:03PM (#23834569)
> My own forays into Wrongthink have made me the subject of constant bullying by colleagues who disagree with my views. They have called me a Nazi and a racist; I have learned to brush off comments about how I’m “writing about the Jews again.” Several colleagues perceived to be friendly with me were badgered by coworkers. My work and my character are openly demeaned on company-wide Slack channels where masthead editors regularly weigh in. There, some coworkers insist I need to be rooted out if this company is to be a truly “inclusive” one, while others post ax emojis next to my name. Still other New York Times employees publicly smear me as a liar and a bigot on Twitter with no fear that harassing me will be met with appropriate action. They never are.

> There are terms for all of this: unlawful discrimination, hostile work environment, and constructive discharge. I’m no legal expert. But I know that this is wrong

I don't think this is referring to curbing any specific opinion or view, but rather her co-workers' interactions with her.

Its entirely appropriate to speak out against, say, the pervasive denial of climate change among evangelicals. That said if you have an evangelical coworker that doesn't believe in climate change, you will still be met with repercussions if you go around calling said co-worker a backwards dumbass and repeatedly post ax emojis next to their name in slack.

Re:Resignation Letter by slg on Tuesday July 14, 2020 @01:29PM (#23834935)
Calling your climate change denying coworker a backwards dumb-ass is not illegal. You can of course be fired for that inappropriate behavior, but it isn't illegal. Weiss specifically called out this behavior as unlawful discrimination.

Also it is worth pointing out that Weiss's job was to voice opinions. It is entirely different for someone in that role to face backlash for their bad opinions than it is for someone in the role of let's say a mid-level software developer.

Re:Resignation Letter by manfredo on Tuesday July 14, 2020 @02:00PM (#23835360)
> Calling your climate change denying coworker a backwards dumb-ass is not illegal. You can of course be fired for that inappropriate behavior, but it isn't illegal.

A correct statement, but one that skirts around the issue at hand: in this situation the people berating their evangelical coworker are creating a hostile workplace environment and the company is obligated to take actions to remidiate this situation. If the climate denier points out this hostile workplace behavior, they're not censoring any particular view. Only the hostile actions of their co-worker.

While Weiss' high profile position makes it much more likely to receive public scrutiny, she is indeed entitled to the same workplace protections as a mid level software developer. Working as a columnist doesn't absolve a company of their legal responsibility to curb workplace harassment. Your workplace is a captive audience. What is legal for some random person to say to you is not at all the same standard that is applied to co-workers. Weiss calling this behavior out as discrimination is not calling any particular belief illegal, only the treatment towards her by her coworkers.

Re:Resignation Letter by slg on Tuesday July 14, 2020 @02:18PM (#23835626)
A hostile work environment requires discrimination. She is not being discriminated against. Having smart and well supported opinions is part of the requirements of her job. Therefore her opinions are subject to extra scrutiny compared to the opinions of someone who is asked to do an entirely different job.
Re:Resignation Letter by manfredo on Tuesday July 14, 2020 @02:38PM (#23835911)
No, a hostile work environment does not require discrimination. A workplace that is entirely non-discriminatory but does nothing when one co-worker relentlessly bullies and harasses another co-worker is still a hostile workplace. You seem to be misled by the fact that anti-discrimination laws prohibit hostile workplaces, and that hostile workplaces are considered a form of discrimination, but there's no requirement that the hostility be discriminatory in nature. A co-worker harassing another co-worker without any particular discrimination is still harassment.

I can call a co-worker an idiot and a worthless human being relentlessly, all day long. That's not discriminatory in nature. I'm not referring to a protected class like gender, race, or religion. Does it follow that it isn't creating a hostile workplace?

https://www.eeoc.gov/harassment

Re:Resignation Letter by joshuamorton on Tuesday July 14, 2020 @02:54PM (#23836100)
From that page:

> Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

So, yes, for it to be a hostile workplace under the laws you're talking about, it would need to be based on one of those aspects, not just because people disagree with her opinions.

Re:Resignation Letter by Manfredo_1 on Tuesday July 14, 2020 @03:11PM (#23836344)
The article specifically calls out harassment on the basis of protected class. But to read this as saying that unwelcome conduct, so long as it is not on the basis of protected class, isn't harassment is not a correct interpretation.

A shape with four equal length sides is a quadrilateral. Does it mean that a shape with four sides of unequal lengths isn't quadrilateral?

Put this in a more concrete scenario. You have a co worker that stops by your desk every hour and says, "Joshua you are a worthless idiot and your team is worsened by your presence" and relentlessly bullies you throughout the day. Is this not harassment because it isn't based on a protected class like race or gender."

Re:Resignation Letter by joshuamorton on Tuesday July 14, 2020 @03:12PM (#23836360)
> Put this in a more concrete scenario. You have a co worker that stops by your desk every hour and says, "Joshua you are a worthless idiot and your team is worsened by your presence" and relentlessly bullies you throughout the day. Is this not harassment because it isn't based on a protected class like race or gender."

As I said on your other post, this would not be workplace harassment. It could possibly be criminal harassment, but that is also unlikely, since criminal harassment usually requires threats of violence.

Speech protections in the US are strong. I'm surprised people aren't just telling Weiss to "toughen up". Which to be clear isn't advice I'm giving her, and I empathize with her discomfort, but that is the advice given to people very often, so I'm curious as to the inconsistency here. Perhaps it's not as easy to tell someone to toughen up when you see yourself in them.

Re:Resignation Letter by slg on Tuesday July 14, 2020 @02:53PM (#23836088)
Did you read the page you linked? The very first sentence of the body of the page states:

>Harassment is a form of employment discrimination...

It goes on to say:

>Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

They are defining harassment as requiring the behavior to be based on a protected class and categorizing it as a subset of discrimination. Therefore if a hostile environment requires harassment, it inherently requires discrimination.

Re:Resignation Letter by Manfredo_1 on Tuesday July 14, 2020 @03:02PM (#23836227)
So if a coworker goes to your workplace every day and says, "Slg is an idiot and a worthless human being who makes the company worse with his or her presence" that's not harassment? Because it's not based on race, religion, sex, etc? The article particularly highlights harassment in the basis of protected class. It does not say that harassment on the basis of things other than protected class is permitted. If what you claim is true, then in the above scenario you would not be able to claim harassment with respect to a co-worker that constantly insults you.

And regardless even if harassment does require discrimination, Weiss has grounds to claim it on the basis of religion.

Re:Resignation Letter by joshuamorton on Tuesday July 14, 2020 @03:09PM (#23836318)
> Weiss has grounds to claim it on the basis of religion.

No she doesn't. The harassment isn't due to her religion, it's due to how she conducts herself as part of her job. (and it doesn't meet the line for harassment anyway, people expressing workplace disagreements isn't harassment, as much as she may want to dress it up).

> "Slg is an idiot and a worthless human being who makes the company worse with his or her presence" that's not harassment?

It could be criminal harassment (but even this is unlikely) it is not, however, workplace harassment. Speech protections in the united states are incredibly broad and protect many forms of assholery. This is not news to many people to have been subject to harassment that isn't legally harassment before.

Re:Resignation Letter by Manfredo_1 on Tuesday July 14, 2020 @03:15PM (#23836392)
So your answer is yes? Under your understanding of harassment, someone can relentlessly bully and insult their co-worker all day long and it isn't workplace harassment so long as it doesn't refer to protected class?
Re:Resignation Letter by joshuamorton on Tuesday July 14, 2020 @03:16PM (#23836422)
That is the legal definition, yes. I'm not making any statement about how I think things should be. I'm making commentary only on the current legal definitions in the US.

To elaborate, a workplace certainly could take action on such harassment, as they have the right to associate how they please. But they are also free to not do that. And in fact many people face workplace harassment every day, but have no recourse except to suck it up.

Personally, I absolutely support stronger protections for workers, but they don't exist today.

Re:Resignation Letter by slg on Tuesday July 14, 2020 @03:13PM (#23836377)
These words have specific legal meanings in specific contexts. What you are describing is technically bullying and not harassment. Bullying is often illegal, but it isn't regulated to the same degree on the federal level as harassment.

I have not seen a single instance of Weiss being targeted based on religion and Weiss provided zero examples in the body of her letter. Like Weiss, I am also Jewish. Criticizing a Jewish person's political opinions on the state of Israel is not inherently antisemitism. If you can point out a specific example of Weiss being targeted based on her religion, I would concede that I am wrong.

Re:Resignation Letter by smsm42 on Tuesday July 14, 2020 @02:00PM (#23835349)
> Calling your climate change denying coworker a backwards dumb-ass is not illegal

Illegal is when you call the police. There's lots of behaviors that the employer is better to prevent before you have to call the police. If it rose to the level of illegal, there's a lot of things that already went wrong.

> Weiss specifically called out this behavior as unlawful discrimination.

If she was uniquely subjected to harassing and hostile behavior then it's discrimination, by definition. If that treatment is routine for anyone that dares to voice an unorthodox though in NYT, then it's not discrimination - it's just deeply sick and broken culture.

Re:Resignation Letter by slg on Tuesday July 14, 2020 @02:23PM (#23835692)
Discrimination is a legal word. She used the phrase "unlawful discrimination" which means she is using it in a legal context. Discrimination is not defined by being "subjected to harassing and hostile behavior" unless the reason for that behavior focuses on a protected class. There is nothing unlawful about treating her poorly based on her "unorthodox thoughts".
Re:Resignation Letter by smsm42 on Tuesday July 14, 2020 @02:42PM (#23835954)
> There is nothing unlawful about treating her poorly based on her "unorthodox thoughts".

It could be that she is, not being a lawyer, wrong on the "unlawful" part (it's impossible to know without knowing the details and the NY anti-discrimination statutes and caselaw). So what? It's not an argument in a lawsuit, exact precision of all legal terms is not the most important thing here.

Re:Resignation Letter by slg on Tuesday July 14, 2020 @03:01PM (#23836212)
When your job is to communicate with the written word, I don't think it is unreasonable for you to be held to the literal interpretation of your words. As I said elsewhere in this thread, if she can't clearly communicate her actual beliefs and opinions through her writing, she is bad at her job.
Re:Resignation Letter by smsm42 on Tuesday July 14, 2020 @03:15PM (#23836397)
In my opinion, it is unreasonable. If somebody comes out and says "I am being constantly harassed by my colleagues, this makes my life hell and I think it's also illegal" and you respond with "well, according to the legal precedent from 1925, Snowflake et al. vs Ontinence, Inc., making your life hell is not illegal unless they put a live rat into your drawer and it bit you, and since no evidence of rat bite has been presented, clearly the whole complaint is invalid" - that's not a reasonable way to treat this complaint. If you're a judge considering a motion to dismiss, sure, that's exactly what you'd do. But if you're a reasonable person reacting to a complaint that somebody's life is made hell, then no, the legal precedent of the Snowflake case is not the main thing you should reasonably discuss. You may be more worried about the "hell" part.
Re:Resignation Letter by jkingsbery on Tuesday July 14, 2020 @12:46PM (#23834313)
> They have called me a Nazi and a racist;

> others post ax emojis next to my name.

> Still other New York Times employees publicly smear me as a liar and a bigot on Twitter

From how I read the letter, she's not looking for consequence-free speech. She's looking to not be attacked personally for what are beliefs that are not all that far out there. Since I stopped reading the Times a long while ago for exactly the reasons she stated ("it didn’t have a firm grasp of the country it covers"), I haven't read anything from her before today. From what I can tell, she advances arguments for points of view that are reasonable and that one may choose to disagree with if one wishes, but she has not expressed opinions worthy of threats of violence.

Re:Resignation Letter by some-guy on Tuesday July 14, 2020 @12:37PM (#23834128)
I think you're right, and it all boils down to this: the left is growing in the United States, and powerful people with large platforms such as Bari Weiss do not like it.

Yet it's ironic because left-wing views were consistently canceled. Even being against the Iraq War in 2003 was considered treasonous for a while.

Re:Resignation Letter by smsm42 on Tuesday July 14, 2020 @01:54PM (#23835273)
I don't remember a single example of anybody fired from their job for opposing Iraq War (I'm not talking about top politicians, of course). I don't remember anybody fired from any papers for allowing an article opposing Iraq War to be printed. I don't remember people being beaten up in the street by rampaging mobs for opposing Iraq War. Can you provide any example of that happening?
Re:Resignation Letter by user982 on Tuesday July 14, 2020 @02:27PM (#23835768)
Phil Donahue. https://en.wikipedia.org/wiki/Phil_Donahue#MSNBC_program

On February 25, 2003, MSNBC canceled the show.

Soon after the show's cancellation, an internal MSNBC memo was leaked to the press stating that Donahue should be fired because he opposed the imminent U.S. invasion of Iraq and that he would be a "difficult public face for NBC in a time of war" and that his program could be “a home for the liberal anti-war agenda”.

Re:Resignation Letter by some-guy on Tuesday July 14, 2020 @03:47PM (#23836835)
Thanks, Phil Donahue was the main example I thought of.
Re:Resignation Letter by ReptileMan on Tuesday July 14, 2020 @11:58AM (#23833451)
Since she hasn't filed discrimination lawsuit, I read it as mocking the victim culture that prevades the others.
Re:Resignation Letter by jakelazaroff on Tuesday July 14, 2020 @12:00PM (#23833472)
I don't see how this can be read as mockery:

> There are terms for all of this: unlawful discrimination, hostile work environment, and constructive discharge. I’m no legal expert. But I know that this is wrong.

This is what claiming victimhood looks like.

Re:Resignation Letter by throwaway894345 on Tuesday July 14, 2020 @12:24PM (#23833910)
There's nothing wrong with "claiming victimhood" when one is rightly a victim. The problem is exaggerating everything to make oneself appear to be a victim, especially appeals to one's identity as a member of a historically oppressed group, to exploit the social protections we afford to bona fide victims. If Bari's claims (that she was unlawfully discriminated against, subjected to a hostile work environment, and constructively discharged) are substantiated, then she's a bona fide victim. And given what has come out about NYT internal culture in recent months and years as well as the supporting evidence she provides for her claims, I find it hard to disbelieve her.
Re:Resignation Letter by jakelazaroff on Tuesday July 14, 2020 @12:42PM (#23834221)
> There's nothing wrong with "claiming victimhood" when one is rightly a victim.

Agreed, I only mean it pejoratively inasmuch as the parent ("victim culture that pervades the others") did as well.

That said, she has provided no evidence in this letter, and she is appealing to her identity as a member of a historically oppressed group, so I'm curious as to why her claims of victimhood seem to be believed by people who otherwise tend toward incredulity for such things.

Re:Resignation Letter by throwaway894345 on Tuesday July 14, 2020 @01:07PM (#23834613)
I probably shouldn't have said "evidence" as much as "examples she cited"--specifically colleagues posting axe emojis next to her name and the general public smearing as a bigot (while this is free speech, it's also pretty clearly a 'hostile work environment' and I doubt it would fly if the target were, say, an Asian progressive instead of a Jewish liberal).
Re:Resignation Letter by AnimalMuppet on Tuesday July 14, 2020 @12:13PM (#23833704)
Some of the incidents she described sound a lot like a hostile work environment to me...
Re:Resignation Letter by jcstauffer on Tuesday July 14, 2020 @12:31PM (#23834035)
Note that "hostile work environment" is a legal term related to a pattern of behavior taken to intimidate someone based on a protected trait (e.g., age, sex, religion, race, disability, etc.).

Notedly, political viewpoints are not a protected trait.

Re:Resignation Letter by AnimalMuppet on Tuesday July 14, 2020 @12:39PM (#23834175)
Does it have to be a protected trait? If someone (or several someones) decide they dislike me because, say, I'm ugly and they're just tired of seeing my face, and they start saying that I need to be fired, and putting ax icons next to my name, and going on Twitter to tell everyone how ugly I am and how it ruins their appetite for lunch when I walk into the breakroom, is that not a "hostile work environment" just because ugliness is not a legally protected trait?

If you did that kind of stuff at most places I've worked, you'd get fired for it, regardless of whether it fit the legal definition of "hostile work environment".

Re:Resignation Letter by jcstauffer on Tuesday July 14, 2020 @04:00PM (#23837025)
It may be a good idea to fire someone who participates in that behavior, but there isn’t a legal obligation to do so (IANAL).

If the behavior is because of your race and they aren’t fired, you can (successfully) sue your employer. That’s the difference.

In her letter, she asserts that behavior that fits the first scenario is illegal- it’s not.

Re:Resignation Letter by Udik on Tuesday July 14, 2020 @12:40PM (#23834190)
Funny how a generic "toxic behaviour" is an accusation good enough against those with a different ideology, but when it's our ideology we go all legalistic.
Re:Resignation Letter by inetknght on Tuesday July 14, 2020 @12:02PM (#23833510)
> mocking the victim culture

So, intimidation?

Re:Resignation Letter by deleuze on Tuesday July 14, 2020 @12:01PM (#23833498)
Hard to find a bigger proponent of victim culture than Bari Weiss herself, though.
Re:Resignation Letter by slg on Tuesday July 14, 2020 @12:11PM (#23833681)
I can't definitively determine her exact intent with that paragraph. However the downvotes and response to your comment indicate your interpretation is likely the minority opinion here. Weiss's job is to communicate with the written word. If the most common interpretation of her writing is the opposite of her intent, doesn't that inherently mean she is bad at her job?
Re:Resignation Letter by Veen on Tuesday July 14, 2020 @12:20PM (#23833822)
It is impossible to guard against every possible misinterpretation, especially when there are people who are determined to interpret your words in the least charitable way possible.

For example, I might uncharitably interpret your previous comment.

> it always amazes me when the people who champion "the centrality of the free exchange of ideas to a democratic society" will also turn around and say something like their political beliefs being mocking by coworkers is "unlawful discrimination".

This appears to mean you think it's perfectly reasonable for a talented Jewish woman to be hounded out of her job by co-workers indulging in blatant anti-semitism with comments like "writing about the Jews again"? Would you support someone who asked a black writer if they were "writing about the blacks again?" No? Why is it OK when it's a Jew then? You appear believe that it is reasonable workplace behavior to call a Jewish colleague "a Nazi". Now, what can I deduce about your attitude to Jews from your support for this behavior? Perhaps your employer should be told about it. Etc, etc.