Lessons from the Barbie Movie for Workplace Investigators

For workplace investigators, it can be challenging to assess whether a supervisor made a negative employment decision because of gender. ?Gender discrimination in the workplace is not always blatant, and there rarely is direct evidence ( e.g., “I would never hire a woman!”).?Instead, investigators must carefully analyze all the evidence to determine whether gender played a role in an employment decision.

In a world where gender bias is more “hidden,” our investigators evaluate whether someone engaged in conduct because of gender by using, among other things, the following factors:

• Statistics.?We often look at statistics as it relates to employment actions, such as hiring, promotions and terminations. Take the Barbie movie for example.?Here, the fictional Mattel board room included nine men and zero women.?Fictional Mattel CEO, played by Will Ferrell, remarked, “Women are the foundation of this company! There was a female CEO in the 90s and then another one … at some point. So, that’s two right there!”?This disproportionate representation of men in leadership roles could indicate gender played a role in selecting candidates for the highest-ranking positions.??
• Stereotyping.?We look for words suggesting gender stereotyping. ?For example, an individual who tells women to “soften their message” or “to be warm or nurturing” may indicate conduct based on gender.?In the Barbie monologue by America Ferrera’s character Gloria, she spoke on the stereotypical expectations of women in the workplace: “You’ve got to be a boss, but you can’t be tough. ?You must lead, but you cannot crush other people’s ideas.?You have to be a career woman, but also always be looking out for other people.”
• Similarly-Situated Individuals.?We compare and contrast the ways in which the subject of the investigation interacts with individuals of different genders. ?If there is evidence they treat one gender more favorably than others, this could indicate gender bias.?In the Barbie movie, Barbie and Ken experienced the ways in which individuals treat them differently based on their gender.?While rollerblading at Venice Beach, people stared at and made comments to Barbie and Ken.?Strangers said things like, “Give us a smile, blondie!” to Barbie, while silently approving of Ken.?Barbie reflected on her experience, saying, “I feel kind of ill at ease.”?Ken, on the other hand, enjoyed the attention he received from the same men who made Barbie uncomfortable, saying, “I’m not getting any of that.?I feel like what can only be described as admired.”
• Legitimate Business Reasons.?We assess whether the supervisor has legitimate business reasons for their conduct.?We test the basis for their rationale.?For example, were there really performance issues that warranted a performance improvement plan? Were there others with the same performance issues, and if so, did they get treated similarly? In the Barbie movie, Ken attempted to become a doctor without any prior education, degrees or training. ?In Ken’s opinion, he qualified for the job because he was a man.?However, Ken was denied the job because of a legitimate business reason – Ken did not qualify for the position. ?The dialogue was to the point:

Doctor: “No, I won’t let you do just one appendectomy.

Ken: “But I’m a man.”

Doctor: “But not a doctor.”?        

While gender discrimination in the workplace is not always easy to discern, our team of investigators is trained to thoughtfully determine whether alleged conduct occurred because of gender. Whether allegations include obvious gender bias, such as some of the examples found in the Barbie movie, or whether the allegations involve more subtle “hidden” bias, Van Dermyden Makus investigators carefully evaluate all relevant evidence, to reach a reasoned conclusion about the motivations behind employment decisions. ????

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