"Frat boy" workplace culture. What's that and how to prevent it?

In July tech society worldwide and in particular game developers raised a discussion on a "frat boy" workplace culture. Lawsuit against Activision Blizzard triggered this debate. Activision was sued over the "frat boy" culture at the workplace after a two-year investigation conducted by the state agency - Department of Fair Employment and Housing (DFEH) based in LA.

What's "frat boy" workplace culture?

According to DFEH female employees make up around 20% of the Activision workforce, and are subjected to a “pervasive frat boy workplace culture” including “cube crawls” in which male employees “drink copious amounts of alcohol as they crawl their way through various cubicles in the office and often engage in inappropriate behavior toward female employees.” The agency alleges male employees play video games during the workday while delegating responsibilities to female employees, engage in sexual banter, and joke openly about rape, among other things.

DFEH even points to a female Activision employee who took her own life while on a company trip with her male supervisor. The employee had been subjected to intense sexual harassment prior to her death, including having nude photos passed around at a company holiday party, the complaint says.

Based on DFEH complaint we can define "frat boy culture" as a gender based discrimination against female employees conducted by male employees in terms and conditions of employment, including compensation, assignment, promotion, and termination as well as harassment of female employees.

What can we do to prevent gender discrimination and harassment in Lithuania?

Protection against gender discrimination and harassment in the field of employment is extended across all the employment stages: access to employment, conditions of employment, including dismissals and pay, trainings and so on.

How can employers prevent discrimination and harassment?

The companies should ensure that no discrimination and harassment occur at the workplace. The State Labour Inspectorate provides the following recommendations (in LT here):

1. Adopt internal non-discrimination policies (where unwanted behaviour is defined and its consequences, complaint resolution procedure, definition of discrimination, harassment and sexual harassment);
2. Conduct periodic employee training;
3. Conduct periodic employee surveys;
4. Designate a responsible person in the workplace who can be notified anonymously, etc.

What should employees facing discrimination or harassment do?

1. Collect and keep the evidence (you can find more useful information in LT here);
2. Inform the direct manager, HR, employee representatives or other responsible persons; or
3. Address a complaint to the Office of the Equal Opportunities Ombudsperson (you can find more information in EN here) or the Commission of Labour Dispute.

European non-discrimination law allows the burden of proof to be shared in discrimination cases. Accordingly, once the claimant can show facts from which it can be presumed that discrimination may have occurred, the burden of proof falls on the perpetrator to prove otherwise. 

Sources:

• https://fra.europa.eu/sites/default/files/fra_uploads/1510-FRA-CASE-LAW-HANDBOOK_EN.pdf
• https://aboutblaw.com/YJw
• https://lygybe.lt/index.php/lt/naujienos/patiriate-seksualini-priekabiavima-keli-patarimai-ka-reiketu-daryti/831
• https://www.lygybe.lt/en/activities/complaints/how-we-investigate/764
• https://www.cbsnews.com/news/activision-blizzard-sued-california-gender-discrimination/
• https://www.vdi.lt/Lygios_galimybes/Diskriminacija_rekomendacijos.aspx