Labor / Employment, On The Job

The One Time Everyone Should Be Like Uber

The company seems to be trying very hard, and the board is very invested in turning things around.

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(Photo by Justin Sullivan/Getty Images)

Uber has been a bit of a whipping boy for me and other columnists here at Above The Law. I’ve been an employment lawyer long enough to know Uber isn’t the worst, or anywhere near the worst, employer out there. But their troubles have been so public, they have been an easy example for many of the things an employer can do wrong.

Following the infamous blog post from a former female Uber engineer, Uber’s board called in the big guns of Eric Holder and Tammy Albarran, attorneys with the law firm of Covington & Burling LLP, to fix the mess. Or to investigate it.

I was very skeptical. Because I’ve been part of an “investigation” a few times in my career, and candidly for all but one, the company already knew what they were going to do. I’ve had my suggestions patently ignored, and once I really thought a particular partner was going to kick me off the team for a moment of honesty (I pointed out a very troubling gender disparity issue that did in fact result in a lawsuit after I had my candid moment, one of those times you hate being right). Because of my personal experience, I expected that hearing about the investigation would be the last of it.

But I was wrong. In fact, it appears that Uber, knowing a leak was likely, still went ahead and shared 12 pages of results with their entire company. They have already fired at least 20 people in an effort to clean the proverbial cultural house. Now it looks like they are preparing to take real steps to keep the momentum going.

Aside from being a possible public example of a company struggling to get it right, the Uber Recommendations include good advice for any company that wants a healthy work culture.  I hope you don’t work for or own a company that ever needs to call in a high powered team like the one that created the Uber Recommendations, but I do hope that everyone, employee, manager, or owner, can see the wisdom in the following pieces of advice:

  1. Set a culture from the top for the type of place you want to be. Shortly before the Uber Recommendations came out, Uber’s CEO resigned. His resignation was a long time coming, but it shows that the company is taking this situation seriously. Hopefully the board of Uber is going one step further, and holding executives and upper-level management responsible for the tone they want to set as a company. What we value, we measure. The Uber Recommendations include measuring diversity metrics in performance reviews. Finally, the recommendations include empowering Human Resources to take actions that will meet the company’s goals. No one at the company should feel that they are above the law. Clearly quite a few people did at Uber. Hopefully that is something that will change.
  2. Set good precedent and empower the right people. In my opinion, HR at Uber had no power and basically did what a run-amok business unit told it to. I’ve also read articles that lead me to believe that legal also had no teeth at Uber. For example, articles say that the chief legal officer at the time approved lying to regulators. No lawyer who wants to keep their license would do that. I would bet she signed off on what she felt she had to sign off on. If what the articles say is true, and even if it isn’t but the “gray ball” app existed, it means is that legal was a mere formality.  It also means Uber lacked the necessary involvement of legal in resolving company problems, and no internal checks when things get resolved or decisions were made. For an employment lawyer, it means separation agreements conflict, and were likely not adhered to. The Uber Recommendations make it clear that legal and HR need to be on a united front with resolving issues with employees and for the company, and have the organizational power to do so.
  3. Know what your company values are, and put your money where your mouth is (especially for training). Uber got the specific recommendation that they reformulate their values, and this advice is important because I think many companies don’t really take time to think about their values, and how they are implemented. Values are critically important to a company’s culture. And without clearly articulating them, and making them a point of emphasis, other values may emerge. If a company is solely about making money, ugly things will happen. If a company is solely about “disruption”, you get Uber. All of the “isms” can grow and be unchecked, and the culture will become toxic for everyone. How do you avoid this, and actually implement the values? Articulate the values and then train people on how important they are. Spend money and time doing something other than making money, in a way that is engaging and valuable to employees, and that aligns with and teaches the company values. Invest the time and energy in finding training opportunities that meet this goal. No gimmicks. No beer in the break room after 4. Just a clear showing of what matters.
  4. Value diversity and inclusion. Diversity is a buzz word that sometimes makes people uncomfortable or that people find fuzzy and difficult to explain. But it means a lot more than what people traditionally think (gender, race), and it helps a company’s bottom line. All companies will experience difficulties; diverse companies weather them better. But real diversity is diversity of experience, of thought, and of perspective. If everyone at your organization went to the same university or has the same background, gender differences won’t matter much (and you are likely recruiting wrong and not valuing diversity, so you will have few women, and little diversity). A company needs a clear idea of what diversity means to them, a way to measure that diversity, and a way to keep themselves accountable to moving the needle on diversity at the company. Platitudes are nice. Everyone is an equal opportunity employer. But how is the company holding itself accountable to be a diverse place?
  5. Have the right policies in place. The Uber Recommendations focus on policy in two ways: sexual harassment/discrimination policy process, and policies in general. I’ve heard all types of feedback about policies. Some companies think (wrongly) that more is more. Some companies think a single statement of policy is enough to drive their organization. Maybe if they have 10 male employees from Stanford. But if you have an organization that is built for the long haul, you need to think critically about the policy you implement, and how it engages with the values you want your company to represent, and the culture you want to have for your employees. And there are some policies, like an anti-harassment policy, that you really just need to have. In this day and age, you likely need a clear social media policy. If you have a lot of IP or trade secrets, you need a whistle blower policy to take advantage of the federal law protections. Depending on your industry, there are likely other policies to put in place. This is a discussion to have with a good employment attorney, early on, to put yourself in the best place for growth. And it’s a discussion to have now, internally, if the company hasn’t been intentional about the policies in the past.

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I don’t know if Uber can be saved. The company seems to be trying very hard, and the board is very invested in turning things around and realizing the potential of the company. Regardless, I do know that Uber is a great example of doing things wrong, and has great potential to be a company that is doing things right. Only time will tell where it will all shake out.

beth-robinsonBeth Robinson lives in Denver and is a business law attorney and employment law guru. She practices at Fortis Law Partners. You can reach her at employmentlawgurubr@gmail.com and follow her on Twitter at @HLSinDenver.

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