VR Company Upload Settles Sexual Harassment Lawsuit (techcrunch.com)

An anonymous reader quotes a report from TechCrunch: Upload, formerly UploadVR, the virtual reality startup at the center of a sexual harassment and wrongful termination lawsuit filed earlier this year, has settled the case with its former employee and is aiming to put the ensuing damage behind it. The lawsuit, filed against the startup and its co-founders by former director of digital and social media Elizabeth Scott, alleged that the company had sought to create a "boy's club" environment and described "rampant" sexual behavior in the office, allegations that co-founders Will Mason and Taylor Freeman denied as "entirely without merit." The lawsuit is now over, according to people familiar with the matter, and though the terms of the agreement were undisclosed, some in the virtual reality community feel that the company has dodged a bullet in reaching some conclusion over the litigation.

"The matter has been concluded," was Upload's official statement. Neither Scott, nor her legal counsel, responded to a request for comment for this story. Upload has also released the following statement around the conclusion of the legal case. "Our primary focus at Upload is education, which we believe is the key to growing the mixed reality ecosystem. We are deeply committed to creating an inclusive community to empower the pioneers building the future."

Comments

"Tone at the top" is a thing

[ErichTheRed]

Everyone is about to pile in here calling people who can act normally around the opposite sex "SJWs" and similar. But, this behavior is very common at startups, and it almost always starts with the "executives." I'm using quotes because in these cases the executives are usually either fraternity types who just got out of school, or fully-grown man-children. When you give a bunch of glorified salespeople and dealmakers millions of dollars in VC money, they're going to create a club for their friends. It's youth, inexperience and the sales culture, and setting a bad "tone at the top" trickles all the way down the hierarchy.

People like to pretend that sexual harassment doesn't exist, but a lot of people haven't worked 100 hour weeks at startups. I've mainly done corporate work my entire career, and the only time I've seen any even slightly inappropriate behavior is among the salespeople. What I find strange is that people like these guys and the CEO of Uber can get to the point of running fairly large organizations and still think it's OK to act like they're partying their way through sophomore year. Most men I know grew up after that phase of their life...but as we know there are always exceptions.

Re: "Tone at the top" is a thing

[ErichTheRed]

They're settled, not litigated. No company's legal team is crazy enough to go to trial on something like this. Especially when it's VC money, they'll just peel off a couple million and throw it at the problem. It sure beats having your company dragged in front of the world every time a new court date comes up in a case that could last years. Large, established companies do this too. It's cheaper for GM to pay a huge settlement and fine than risk damaging their brand over a faulty ignition switch -- especially when you have an admissible e-mail that has an engineer describing the design flaw and expressing concern. (link)

People who file founded lawsuits like this should get settlements. They're totally done career-wise in the startup spectrum, and even established companies might consider her too radioactive... Most lawsuit settlements of this size can allow you to live out your life assuming you can invest carefully. Since neither side is talking about it, I'm assuming it's a big number and she signed a deal saying she would never speak of it again.

Re:"Tone at the top" is a thing

[serviscope_minor]

You're confusing what people say with what they do. Some of the most ardent SJWs are young, wealthy, successful, male progressives in San Francisco, and many of the same group are also lewd

Some people with opinions I don't like live in San Fransisco. Some jerks live in San Fransisco. Ergo everyone in San Fransisco is a jerk.

QED

Checkmake SJWs!

and promiscuous

Promiscuous. adj. nature of a person that is is hateful by reason of having more sex than me and I'm totally not jealous.

I suspect that if you did a survey, you'd find that the vast majority of techies accused of sexual harassment are Democrats and Hillary voters.

Well, if you can't find evidence, just make stuff up.

Re:"Tone at the top" is a thing

[serviscope_minor]

Trying to get laid is 'acting normally'

If you define normal as what most people are trying to do most of the time, then no, it is not.

And bro, seriously, knock it off at work.

Re:"Tone at the top" is a thing

[serviscope_minor]

The term is Beta Males.

Humans aren't gorillas or captive wolves.

Re:"Tone at the top" is a thing

[HornWumpus]

No. Just beware, keep it out of your report chain and don't be an asshole about it.

Not that the opportunities in tech are any good.

Re:"Tone at the top" is a thing

[hey!]

I believe in the theory of evolution. That doesn't mean I buy all the cultural myths that have grown up around it.

Re: "Tone at the top" is a thing

[Anonymous Coward]

Some people I don't like are white supremacists. White supremacists disagree with me. Therefore anyone who disagrees with me is a white supremacist.

(You logic, dipshit)

Re:"Tone at the top" is a thing

[doctorvo]

Look, ErichTheRed made the claim that "SJWs" are the only ones who "can act normally around the opposite sex". And, of course, it's obviously false, since there are plenty of non-SJWs who "can act normally around the opposite sex".

But I also question whether SJWs "act normally around the opposite sex". SJWs often come from a political culture and a social environment that encourages extramarital sex, promiscuity, single motherhood, and one night stands; that does not seem to promote "normal behavior" towards the opposite sex.

So, if ErichTheRed and you still want to persist in claiming that "SJWs are the only ones who can act normally around the opposite sex", you provide some evidence or you retract the statement. Otherwise, take your own advice and stop making shit up, OK?

Re: "Tone at the top" is a thing

[Anonymous Coward]

Most lawsuit settlements of this size can allow you to live out your life assuming you can invest carefully.

Meaning there is some pretty serious incentive to file a lawsuit and squeeze out a settlement because as you said, no company's legal team is crazy enough to go to trial on this issue.

This just means in the fabricated case the employer gets fucked and in the genuine case everybody wins and nobody loses, the perpetrators of this behaviour should lose and there's no reason that just because something bad happened to you you are entitled to profit from it.

Of course companies are going to be skeptical about hiring somebody who filed a lawsuit with a massive financial incentive to do so and then took it and shut up while the perpetrators just carry on. As an employer would you not be wary of such a scenario? Forget taking money and instead stand up for principle and take it to trial to make sure the perpetrators of this behaviour are brought to justice...but the culture is just money money money and so long as you get a payout nothing else matters.

Re:"Tone at the top" is a thing

[squiggleslash]

Trying to get laid is 'acting normally'.

Not really, it's something we do occasionally, not all the time including at completely inappropriate venues.

If you really think it's reasonable to be "trying to get laid" while at work, then look forward to a lifetime of short employment lifespans. Also look forward to becoming incredibly unpopular with just about everyone that ever meets you, male or female.

Re: "Tone at the top" is a thing

[Reverend Green]

Yup.

When a company here's a feminist, SJH, or "Progressive" they are hiring a violent fundamentalist zealot who is committed to spiritual jihad against normal, healthy human culture. They should not be surprised by the inevitable bad consequences.

Re:"Tone at the top" is a thing

[DNS-and-BIND]

Betas and Alphas exist. It's a thing. Trying to handwave away hard facts is doomed to failure.

Re:"Tone at the top" is a thing

[serviscope_minor]

Betas and Alphas exist.

So do hive queens, but I'm not sure what bearing that has on humans.

Re:"Tone at the top" is a thing

[serviscope_minor]

Look, ErichTheRed made the claim that "SJWs" are the only ones who "can act normally around the opposite sex". And, of course, it's obviously false, since there are plenty of non-SJWs who "can act normally around the opposite sex".

No, it's trivially true because that's the definition of "SJW".

Or are you using the other definition of "someone I don't like and by the way I'm a fuckwit"?

Re:"Tone at the top" is a thing

[doctorvo]

No, it's trivially true because that's the definition of "SJW".

Which part of You're confusing what people say with what they do. did you not understand? The definition of a "SWJ" is someone who advocates social justice, not someone who realizes social justice in their own lives.

People are members of political movements like social justice based on what they say. People often act inconsistent with their stated political beliefs; that is particularly common for people who hold political beliefs that involve placing responsibility upon other groups or "society" as a whole.

Re:"Tone at the top" is a thing

[serviscope_minor]

The definition of a "SWJ" is someone who advocates social justice, not someone who realizes social justice in their own lives.

No, the definition of SJW is "evil boogeymen" with a side order of "I'm a fuckwit".

Re: "Tone at the top" is a thing

[cayenne8]

Meaning there is some pretty serious incentive to file a lawsuit and squeeze out a settlement because as you said, no company's legal team is crazy enough to go to trial on this issue.

Yep...I gotta admit, if I had tits, I'd be tempted to try to hit pay dirt like this....dangling that type of money in front of someone is very difficult to resist.

One settlement, set for life....

"Yes your honor, he grabbed my ass, and I'm devastated and can no longer work....."

Re:"Tone at the top" is a thing

[cayenne8]

Look, ErichTheRed made the claim that "SJWs" are the only ones who "can act normally around the opposite sex". And, of course, it's obviously false, since there are plenty of non-SJWs who "can act normally around the opposite sex".

I would posit that many of the men being taken to court ARE the ones that are acting "normally" around women.

They are acting like men have since the world began, with regards to the sexual game.

The ones with inhibited behavior, are not the norm, but they also don't get sued in todays system.

Again, this isn't all or nothing and I'm not speaking to the extremes on either side, but aggressiveness and the sexual hunt for women is natural for men, and walking through a certain set of doors of a building don't turn off what nature has set up for us as far as behavior and desire.

Re:"Tone at the top" is a thing

[doctorvo]

No, the definition of SJW is "evil boogeymen" with a side order of "I'm a fuckwit".

That may be your definition. My definition is "someone who advocates social justice". I simply observe that that this frequently does not coincide with "someone who promotes social justice through their actions".

I'm a fuckwit

You keep demonstrating that.

Re:"Tone at the top" is a thing

[doctorvo]

but aggressiveness and the sexual hunt for women is natural for men

Only until they get married and become fathers; after that, biology generally switches behavior to parental investment in kids.

It's no surprise that as long as men or women have not produced any offspring, their energies are directed towards finding a partner to reproduce with, rather than worrying about the future of the tribe.

Re:"Tone at the top" is a thing

[cayenne8]

Only until they get married and become fathers; after that, biology generally switches behavior to parental investment in kids.

If that were true, then you'd not see all the men (and many women) having affairs, and the high divorce rate, etc.

The drive never stops...hell, my Dad at upper 70's still looks and chats up women while we're out.

It never goes away.

Re:"Tone at the top" is a thing

[doctorvo]

hell, my Dad at upper 70's still looks and chats up women while we're out.

Does your Dad have prepubescent children right now? Is he chatting up women with prepubescent children? If not, then his actions are consistent with what I said.

The drive never stops...

The drive to reproduce never stops, but it is temporarily attenuated in most males by the need for parental investment in offspring: fatherhood.

If that were true, then you'd not see all the men (and many women) having affairs, and the high divorce rate, etc.

To the contrary: one of the strongest factors protecting against divorce is having prepubescent children, consistent with what I said.

Re:"Tone at the top" is a thing

[squiggleslash]

No, he's right and you're kind of admitting it ironically by promoting an "official" definition. You claim that this "frequently does not coincide with" (blah blah) but the reality is that nobody has ever said "I agree with SJWs", or "I agree with SJWs, I just wish that some of them would promote social justice through their actions."

If your "official" definition had any truth to it, people would say the latter. They don't. What they say is "OMG! SJWs are destroying working/open source/politics/cons/parties/TV and movies/Slashdot" by saying things like "You shouldn't really be trying to chat up every female co-worker" or "It does appear that despite one survey saying otherwise, the vast majority of surveys that suggest women are paid less than men for equivalent work are true." and things like that!"

If the problem were hypocrisy nobody would give a shit because you'd still agree with the central issue SJWs are raising. Just as nobody gets their panties in a wad because a politician has called for more spending on healthcare, simply because you could probably claim they don't do enough themselves to bring that about. The problem is the issue they're raising.

If it isn't, why does everyone, literally everyone, who uses the term SJW, also argue against feminism, anti-racism, and movements that try to lift up the disadvantaged?

Re: "Tone at the top" is a thing

[Anonymous Coward]

You're both wrong, fellow ACs

Widespread sexual harassment is a consequence of sexual liberation and the destruction of traditional family structures.

There isn't widespread sexual harassment in the sexually liberated West. You're falling for that other AC's lie that there is.

If anything, it's the opposite. The West is some of the safest place for women and girls on the planet. Better than China. Better than India. Better than much of the Islamic world. The West also offers women the most opportunity and freedom. They are equal under the law, and there are actually laws against treating them unequally based on gender.

Re:"Tone at the top" is a thing

[GuB-42]

People like to pretend that sexual harassment doesn't exist, but a lot of people haven't worked 100 hour weeks at startups.

I thought women knew better than to work 100 hour weeks for somebody else's profits.

Re:"Tone at the top" is a thing

[serviscope_minor]

That may be your definition

It's the only definition I've seen which is consistent with the general use of the phrase.

My definition is

Well then you're using a different definition from the vast majority who seem to shit themselves about "teh SJW" when someone says perhaps it is not great idea to keep hitting on the only woman in the programming department.

If you're going to complain about something that pretty much only utter fuckwits complain about but have your own private definition then you're going to look petty silly.

Re:"Tone at the top" is a thing

[david_thornley]

Dictionary definitions are based on general use. I never see "SJW" used favorably, although there are lots of people in favor of social justice. I see people make stupid claims about SJWs, without bothering to ascertain how many people the claims actually apply to.

Therefore, "SJW" should be translated as "(and I'm an asshole, probably a right-wing asshole)", because that's how it's used and what it means in practice.

Re:"Tone at the top" is a thing

[david_thornley]

"(have sexual relations with) and run" (feel free to substitute synonyms for the parenthetical phrase) is a perfectly viable male reproductive strategy in the case of species (like humans) where paternity is uncertain, generally because fertility is not limited to a short obvious cycle. So is staying with a woman, monopolizing her reproductive capability, and trying to get your children to be successful and reproduce, but it's often possible to sneak off for some additional impregnation chances on the side, and that improves the man's odds.

Women are pretty much stuck with their children, since they pay a much higher biological price for them, and it's useful to keep a man, not necessarily the father, to stick around and help. Also, if they have children by more than one father, they've got a better chance of having at least one child succeed, so both sexes have biological incentives to pretend to be monogamous and have affairs.

Now, add millennia of social behavior onto that biological substrate, and things get really complicated.

Re:"Tone at the top" is a thing

[mjwx]

The definition of a "SWJ" is someone who advocates social justice, not someone who realizes social justice in their own lives.

No, the definition of SJW is "evil boogeymen" with a side order of "I'm a fuckwit".

This,

SJW is a made up term by people who want to use bigoted arguments but demonise those who would point out their bigotry. It's modern origination comes from gamergate, it was used to try and denigrate those who didn't believe in rampant sexism.

Its taken over from "PC", mainly because PC was used so often as a byword for "something I don't like but cant find a rational argument against" that PC has lost all meaning and impact. SJW will soon go the same way as it gives more negative connotations about it's user, than those it is used against.

Re:"Tone at the top" is a thing

[doctorvo]

"(have sexual relations with) and run" (feel free to substitute synonyms for the parenthetical phrase) is a perfectly viable male reproductive strategy in the case of species (like humans) where paternity is uncertain, generally because fertility is not limited to a short obvious cycle.

Like most mammals, humans have a mix of reproductive strategies. The predominant one is pair bonding and fidelity.

Now, add millennia of social behavior onto that biological substrate, and things get really complicated.

Which is why the statement "but aggressiveness and the sexual hunt for women is natural for men" as an explanation for sexual harassment is false. Millennia of social behavior have generally found ways of keeping these tendencies under control, namely marriage, self control, condemnation of promiscuity, etc. The widespread increase in sexual harassment is a predictable consequence of sexual liberation and governmental support of single parenthood, i.e., left wing, social justice, and progressive policies. You're free to argue that that has been a tradeoff worth making, but it is no accident that these problems are so common in progressive and left wing populations.

Re:"Tone at the top" is a thing

[doctorvo]

Well then you're using a different definition from the vast majority

From Wikipedia:

"Social justice warrior" (commonly abbreviated SJW) is a pejorative term for an individual promoting socially progressive views, including feminism, civil rights, multiculturalism, and identity politics.

Re:"Tone at the top" is a thing

[doctorvo]

I never see "SJW" used favorably

You probably have never seen the terms "totalitarian", "fascist", or "communist" used favorably either, yet when they started out, they were considered positive terms. It's a common phenomenon that left wing ideologies take some positive term and over time turn it into something reprehensible.

Therefore, "SJW" should be translated as "(and I'm an asshole, probably a right-wing asshole)", because that's how it's used and what it means in practice.

"You are a SJW" should be translated as "you are someone who advocates social justice, and I'm a right wing asshole". That is, it says something about both the speaker and the subject. Oh, and I happily embrace the the label "I'm a right wing asshole"; being deplored and denounced as "right wing" by progressives and socialists is a matter of pride. So go on, keep insulting me.

Re:"Tone at the top" is a thing

[HornWumpus]

Agreed, except rarity...mutual attraction is rare, females are common. For clarity, I'll amend my comment: If you don't know how to go about it, don't try and learn at work. Don't wear a 'wanna fuck?' t shirt. Don't email dickpics to all@work. No stalking. etc etc.

Re:"Tone at the top" is a thing

[doctorvo]

If it isn't, why does everyone, literally everyone, who uses the term SJW, also argue against feminism, anti-racism, and movements that try to lift up the disadvantaged?

You can call me a "faggot" (pejorative) or you can call me a "gay man" (neutral); both of them are accurate descriptions of my sexuality. Likewise, "social justice warrior" (pejorative) and "social justice activist" (neutral) describe the same kind of political beliefs, they simply express a different attitude by the speaker.

If the problem were hypocrisy nobody would give a shit because you'd still agree with the central issue SJWs are raising.

A pilot's natural reaction to a stalled plane is to pull on the stick because that's usually what you do to raise the nose, but that only makes the stall worse, and eventually the plane will crash. That's the problem with social justice activists: they perceive certain problems in society, they come up with intuitive policies intended to address those problems, and they end up making the problems worse. For example, the social justice answer to high rents is rent control, the social justice answer to the working poor is minimum wages, the social justice answer to discrimination is anti-discrimination laws.

The primary problem with social justice activists is not hypocrisy (although there is plenty of that too) that causes social justice activists to promote such harmful policies, it's ignorance and incompetence. And after a century of experience with progressivism and socialism, this kind of deeply harmful ignorance and incompetence is utterly deplorable.

And that is why I consider using a pejorative term to refer to social justice activists to be fully justified.

Re:"Tone at the top" is a thing

[david_thornley]

Like most mammals, humans have a mix of reproductive strategies. The predominant one is pair bonding and fidelity.

And one is pair bonding and some infidelity. You're more likely to have a good child if you have children with multiple partners. Fidelity doesn't seem much of an issue in the matrilineal societies I know of.

Millennia of social behavior have generally found ways of keeping these tendencies under control, namely marriage, self control, condemnation of promiscuity, etc

And assorted cheating, etc. There never has been a society with sex only within the bounds of marriage. Men in particular have continued hunting, and as far as I know male promiscuity is frequently acceptable. What's the male equivalent of "slut"? What's happening nowadays is that we're being more open about sexual matters. We're taking action against men who have sex with twelve-year-old children, which usually has not been considered a big deal.

The widespread increase in sexual harassment

You must be referring to the widespread increase in reporting of sexual harassment. When I was young, behaviors we'd now consider extreme cases of sexual harassment would be considered normal, and the women involved would be shamed if they talked about it and it got out.

but it is no accident that these problems are so common in progressive and left wing populations.

Left wing by your standards, not by mine.

Those problems were more common in less enlightened eras, but there were few reports, and so every male got to pretend there was no problem. Male privilege is not being assigned to have sex with a client because you're a single woman in the typing pool.

Re:"Tone at the top" is a thing

[doctorvo]

Fidelity doesn't seem much of an issue in the matrilineal societies I know of.

Yes, tiny, marginal societies, and for good reason.

There never has been a society with sex only within the bounds of marriage.

Yes, and most societies traditionally had strong sanctions against premarital sex, marital infidelity and illegitimate children. These days, we encourage and subsidize these destructive behaviors.

When I was young, behaviors we'd now consider extreme cases of sexual harassment would be considered normal,

Yes: harmless verbal behavior is penalized strongly these days, while irresponsible sex is not just tolerated but encouraged.

Those problems were more common in less enlightened eras

We live in a less enlightened era now. You're living proof of that. It's self-limiting, however: societies embracing your kind of ideology simply don't survive in the long term.

But your honour!

[Threni]

"I though I was just playing a game...although they did feel very real!"

Re:what does this have to do with technology?

[93 Escort Wagon]

But what does this have to do with women in tech, or even technology? Why is this crap on Slashdot?

The suit was settled By uploading hundreds of thousands of dollars into Elizabeth Scott's bank account.

Re:Summary of future posts

[Rockoon]

Every single "point" is a strawman.

Re:Summary of future posts

[Anonymous Coward]

1. It is real. It's just not the epidemic feminists say it is.

2. It's possible. That's what trials are for. The plaintiffs bring forth evidence of the crime. It is then contested by the defense and deliberated over by a jury. The judge then issues a sentence if the verdict is guilty. Oh wait, right.. SocJus proponents want us to "listen and believe" and submit to feminist kangaroo courts ("rape tribunals") reminiscent of Soviet show trials. It's interesting that these are usually brought forth as civil cases rather than criminal, even though it is against the law, probably because they can't muster much in the way of evidence, so they go for muckraking instead.

3. Less qualified for what? It's feminists who make the fallacious assumption that lack of equal outcome must be due to bigotry. It's like they forget about humans being diverse individuals.

4. They do. It infantilizes them like children who need booster seats to sit at the grown ups table. The idea of diversity quotas should be insulting to both men and women with actual accomplishments.

5. They might be. They might not. Unlike feminists who love to blame men for everything. I'd rather not assume period.

Re:what does this have to do with technology?

[Anonymous Coward]

It's proof that the majority of women are prostitutes. Some are simply really expensive prostitutes. And proof that Trump was right. When you have enough money you can grab whatever you want. As nerds are rich social outcast virgins, this story brings them a new hope for their future.