Uber对性骚扰投诉处理方式做出重大调整

拼车服务提供商Uber正在对处理性骚扰和性侵投诉的方式进行重大调整。

《华尔街日报》报道，该公司两周前宣布，对于以遭到他人性骚扰或性侵为由提出投诉的员工或乘客，Uber将不再强制其接受仲裁。现在，声称自己遭到性骚扰或性侵的人可以起诉Uber。

强制性仲裁是企业界较为常见的做法。某些情况下，遭到员工投诉的公司会强迫其签署表示自己接受仲裁的文件。这样的仲裁采取闭门形式进行，处于公众视线之外，而且其仲裁结果对公司而言通常会更加有利。在许多情况下，仲裁由公司方面操纵，以降低受到公众抨击的可能性。它还会削弱当事人公开讲述被骚扰或被侵犯经历的能力。

这几年，员工和乘客对Uber的性骚扰投诉一直居高不下。去年就有报道称Uber前员工表示管理层对他们的性骚扰投诉置之不理，或是处置不利。也有声称遭到Uber司机性骚扰的乘客把其告上了法庭。

对部分人来说，Uber此举已经为时过晚。同时，出台这项决定的背景是#MeToo等全球性运动，这些运动旨在解决并最终消灭女性在个人生活和职场上已经和还会遇到的性骚扰和性侵问题。有些专家认为，仲裁是对当事人的惩罚。《华尔街日报》在该报道中采访的一位专家表示，仲裁还会提高受害者找律师的难度，因为这种情况下律师赚到的钱通常较少。

Uber首席法务官托尼·韦斯特在题为《把灯打开》（Turning the lights on）的博客中探讨了此项决定。韦斯特说该措施源于Uber的新准则： “我们要做正确的事，说到做到。”他还指出，虽然仲裁对公司和个人可能都有帮助，但Uber显然已经意识到当事人有诉诸法律的需要。

韦斯特写道：“[我]们已经认识到，让受到性骚扰或性侵的当事人决定怎样主张权利很重要。”他还说，除了公开诉讼和仲裁，当事人还可以选择调解。

除了不再强制仲裁，Uber跟当事人和解时也不会签下保密协议，从而禁止当事人公开谈论相关情况。

韦斯特在博客中称：“[Uber的CEO] 达拉[·科斯罗萨西]最近表示，实施性侵者经常寻找黑暗的角落，而我们向世界传递的信息是，我们需要把灯打开。”(财富中文网）

译者：Charlie

审校：夏林

Uber is making an important shift in how it handles sexual harassment and assault claims.

The ridesharing companyannounced that it will no longer force employees or riders who accuse another person of sexual harassment or assault into mandatory arbitration at two weeks ago, according to The Wall Street Journal. Now, those who say they have been sexually harassed or assaulted can sue Uber.

Mandatory arbitration is a relatively common practice in the corporate world. In some cases, companies force employees to sign a document that says they will engage in an arbitration if they bring a complaint against their employer. Arbitration is done behind closed doors and outside the view of the public. It also tends to result in cheaper settlements for companies. In many cases, it’s a one-sided maneuver by companies to limit their chances of facing public backlash. It also limits the survivor’s ability to speak publicly and openly about the harassment or assault he or she has endured.

Uber has had more than its fair share of sexual harassment claims over the years from both employees and riders. Last year, for instance, Uber was hit with reports from former employees that management was ignoring or not doing enough to address their claims of sexual harassment. Uber has also faced litigation from riders who say their drivers sexually assaulted them.

The Uber decision—while too late for some—comes against a backdrop of worldwide movements, like #MeToo, that aim at addressing and ultimately eliminating the sexual harassment and assault women have faced and continue to face both in their personal and professional lives. Arbitration is cited by some experts as a method for penalizing the survivors. An expert the Journal interviewed in its report said arbitration can also make it harder for victims to find attorneys because they generally make less in such cases.

In a blog post called “Turning the lights on,” Uber chief legal officer Tony West discussed the company’s decision. West said that Uber’s move is the result of a new corporate mantra called “We do the right thing, period.” He added that while arbitration can help both companies and individuals, Uber has apparently awoken to the need for survivors to have their day in court.

“[W]e have learned it’s important to give sexual assault and harassment survivors control of how they pursue their claims,” West wrote. He added that in addition to open court cases, survivors can also choose mediation in addition to arbitration.

In addition to the arbitration decision, Uber’s settlements with survivors will not include a confidentiality agreement that would have otherwise banned them from talking about the case’s facts in public.

“[CEO] Dara [Khosrowshahi] recently said that sexual predators often look for a dark corner,” West wrote in his post. “Our message to the world is that we need to turn the lights on.”