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Follow up to the investigation results (github.com/blog)
620 points by dctrwatson on April 28, 2014 | hide | past | favorite | 330 comments


Horvath's response: "[My claims] are now, more or less, substantiated."

Is she delusional? The report doesn't substantiate her claim of sexism AT ALL. They couldn't even find the malicious code removals by "the guy who she wouldn't let fuck her" that was one of her central claims.

https://twitter.com/nrrrdcore/status/460865208810885120


The investigation found Tom Preston-Werner in his capacity as GitHub’s CEO acted inappropriately, including confrontational conduct, disregard of workplace complaints, insensitivity to the impact of his spouse's presence in the workplace, and failure to enforce an agreement that his spouse should not work in the office. There were also issues surrounding the solicitation of GitHub employees for non-GitHub business and the inappropriate handling of employee concerns regarding those solicitations.

It doesn't insubstantiate them either. TPW acted "inappropriately", which may or may not have been because Julie was a female. I believe that the stress of the CEO (and his wife) on Julie may have contributed to her experience in the workplace overall. I've been under that kind of stress before (not gender-based) and I know that it colored the future dealings I had at that job.

Harassment doesn't happen in a vacuum and they shouldn't be considered isolated incidents. Harassment affects us all differently and what some people may be able to brush off, others get affected by, deeply.

I almost want to address you calling Julie delusional, but I'm afraid it would only lend credence to you calling her that...


You ignored the part about "They couldn't even find the malicious code removals by 'the guy who she wouldn't let fuck her' that was one of her central claims."


Depends on what kind of logs they have. Laying down a couple of assumptions:

1. They only have the git repo history to go on.

2. It's been long enough that errant objects have been garbage collected.

It's possible that the code she committed removed via a push that removed it from history entirely (e.g. `git push +old-master:master`). If this push was never reverted, then the commit object would become an orphan that was up for removal at the next garbage collection interval. After that, the incident would absolutely just be 'he said, she said,' and a lack of evidence would not be proof that she was lying.


Unless the guy was hyper-vigilant about reverting her code (as in, within a few seconds of her pushing her own commit), wouldn't that be a ridiculously noticeable way to do it? Other people would have pulled, and would find themselves inconsistent with the origin repo when they next went to push...

Not saying it's impossible, but it seems like it'd have generated some documentation if it happened, probably in the form of people sending out "WTF? Who's pushing history-changes???" emails.

Edited to add: Also, the article says they reviewed git push logs, which I imagine would catch this.


> as in, within a few seconds of her pushing her own commit

Is it really only possible for a revert to happen 'within a few seconds' to not cause issues? That's a strong statement to make based on little information. It might be true, but the repository in question could also have little traffic, or this could have happened over a weekend.

> Also, the article says they reviewed git push logs, which I imagine would catch this.

I see. I guess overlooked that (probably just read it as 'commit logs').

In general, I don't understand why they didn't just ask her about the commits in question. If it did happen, she would likely be able to point them in the right direction and at least narrow their search (e.g. 'the revert happened in repository X around these dates'). If she couldn't, then they are no better off, but no worse off either.


> That's a strong statement to make based on little information.

That's a fair point. It'd depend a great deal on how github has their repos set up, and I can't remember seeing anyone talk about that.


The investigation considered all possible commits surrounding the accusation of passive-aggressive code removal. One instance was found where the engineer updated and broke some CSS in an internal application, which was fixed in a later commit. The investigator determined this change did not appear malicious.

The nature of the commit/revert.


Your reply does not address what I wrote. In the scenario that I mentioned the commits would no longer exist, and therefore they could review 'all possible commits' without reviewing the commits in question.


The company's only product is an enterprise-targeted version control system. If they lose track of commits so easily , that would be rather damning for their product.


I listed the assumptions that I made to demonstrate the possibility of a scenario. That said, you've grossly simplified the situation. What if it is an unreferenced commit from a year ago. Would you really find it damning that you can't go to Github and say:

  Hey guys,

  I had a branch `foo` in my repository `bar` a year or
  so ago. I deleted the branch (which had no references)
  and don't have any backups of it. Do you think that
  you guys could restore it for me?


Yeah, if they have no backups.

Also, they said they looked at both the push log and the commit history.


Sure, but you are aware that Julie called out 5 or so people on twitter with 'Do not do any business with them' and not only ruined their professional image but also caused people to man their pitch forks.

I mean if you bought the whole bullshit about a lead reverting code (highly visible thing to do) because she would not put out and not because code was.. gasp broken then you are pretty delusional your self.


I have to agree somewhat with this statement. Forget about the whole story for a second, then look again at Horvath's Twitter, and compare it to the stories written on this topic. That's what happened to me.

I was super sympathetic, too, and excited that there was such a good example of a woman fighting for her rights, until I saw her complaining about some guy deleting her code because he wanted to f* her. That's not what GH's investigation has found, and it's much more about the Preston-Werner's wrongs now.


This is the double edged sword she was playing with.

If her allegations are found to have merit, then a lawsuit is what she would file next with this as the only evidence she needs to confirm what she's been saying.

Now that the results are in and they found nothing to support her allegations, it looks like GitHub has a strong defamation case to bring against her.

If I was her, I'd be looking for a good attorney to represent me. Since she never filed a lawsuit, this makes her look like what most people on the GitHub side have been saying all along. That she's indignant, bitter and feels entitled. Not to mention the whole time she's been feeding GitHub plenty of ammunition via social media.


it looks like GitHub has a strong defamation case to bring against her

Litigation is very slow. They want this to go away, not drag it out for months or years. Also, her lawyers would subpoena Github for years of chat logs, emails, and texts. Even if there is no smoking gun, they could probably dredge up something embarassing and make it public.


1. How the heck can you read that and say there was nothing to support her allegations? Did you read the same thing I just read?

2. Github suing her for defamation would be SO counter-productive, as it would make them look awful. Also, did you see the part where they apologized to her?

Are you sure you actually read the OP?

Clearly, their FIRST public announcement was written on the advice of lawyers or PR people, where they admitted as little as possible, in part not to give her 'ammunition' in court. But it made them look bad and weasely. So this is the one they released _even though_ it gives her some ammunition.


Please read post again, according to it the investigation found two things (in summary):

1. TPW and her spouse acted inappropriately

2. There was no evidence of sexist behavior at GitHub (related to this instance, at least).

Horvath's claims included allegations of both 1 & 2. It's clear that her allegations did irreparable damage to GitHub, since a lot of people won't bother to follow this story in detail and will remember it a "sexist" place where your code may get deleted if you don't put out.

As you say GitHub will not be able to bring defamation charges against Horvath due to PR reasons, this is an unfortunate and sad state of affairs (and one of the very few times I long for the strong defamation laws in Europe).


She's got a lot of community support, so it would be pretty bad PR to go after her legally.


My take away is that GitHub has some crazy in leadership AND they had some crazy quit and become disgruntled.

I kind of don't want to cross any of their paths. Too much drama, might have been some sordid stuff but there was definitely a lot of drama. I'll keep my code elsewhere and I'll be wary of all involved.


Seems to be. Quite an interesting about-face from her earlier position that there was no investigation, too.


"No investigation" was just another instance of manipulative communication tactics on her part.

She knew very well that an investigation was being conducted; it just wasn't an investigation to her liking.


[deleted]


> I think "the guy who she wouldn't let fuck her" was her previous boyfriend, which was confirmed in one of the chat transcripts she posted?

No, those were two different people, @tnm and @Holman.

http://valleywag.gawker.com/ims-and-email-support-allegation...


The weird thing is there's no actual denial of anything in the medium post by Horvath:

> "That blog post has nothing to do with my job, the quality of my work, or what kind of coworker I was. People reading that should wonder why any of those things are relevant to me being harassed and HR sitting idly by. Would this happen to a man in the same situation? No."

Addressing the distraction: if a man said a woman reverted his code because he wouldn't sleep with her, and withheld they were in a relationship, then yes, that would be relevant and should be raised.

Unlike what ValleyWag claims though, that's not actually a denial.


The patently evasive language of Horvath's non-denial -- contrasted with the very specific language in the (albeit anonymous, but credible-sounding) medium post -- make it increasingly difficult to take anything else she's saying seriously, moving forward.

In particular -- if she's going to level tacit, but just the same highly public and career-damaging accusations of sexual harassment or other misconduct against other GitHub employees -- which, going by the language of her recent j'accuse tweet ("Don't do business with ...") would pretty much have to be what she's implying (even though she won't say it directly)[1,2] -- then she had better be prepared to back up what she's saying with reality-based specifics.

Being as, going by her "uneven", to say the least, track record on veracity thus far, we just don't have much reason to give her the benefit of the doubt.

[1] https://twitter.com/nrrrdcore/status/459358875213238272 [2] also http://techcrunch.com/2014/04/24/horvath-names-names/, since deleted.


I stand corrected, thank you. I shall show myself out..


Man disagrees with woman that she experienced sexism; calls her delusional.

I sincerely hope you see the irony in this.


Man assumes hacker news commenter he disagrees with is male. I sincerely hope you see the irony in that.

Also you mischaracterized what I said. I asked if she was delusional for claiming the github blog post (which we can all read right in front of us) substantiates her claims. Not the initial claims of sexism themselves.


I don't think that your parent poster (who might or might not be male, I haven't checked) is disagreeing with her; s/he's just considering what was written in the blog post. With regards to her claims, taking the blog post at face value, the only one which could be unambiguously dis/proved has turned out to be false.


So you think the Preston-Werners treated male employees that way? Sexism isn't just boys being mean to girls. It is when women are treated differently or targeted for some sort of special consideration or evaluation, just as appears to have happened in this case based on the findings of the investigator.


Actually the investigation found problems with the way they treated a range of other employees.

Also, you ignored the part about them not being able to find anything in the commit history to support her most concrete charge of sexism (having her code reverted by a male who wanted to have sex with her).


git push --force

Though I'd assume they did more in depth investigations than just looking at the commit history, what with being a company that literally makes a living out of git.


That only works if you reverted the commits almost immediately after they are pushed. With a distributed system like Git, Horvath certainly would've noticed, and anyone who pulled before the revert would've known too.


> commit history, push log, and all issues and pull requests

A force push will still show up in the log. Issues and PRs aren't deletable, so that lends a bit of credibility to this. Sure, said engineer probably has access to erase the push log and delete the issues or PRs directly from the database, but parties involved would likely still have email notifications related to it.


Where does it say that? It says he and his wife encouraged other employees to work on her startup, but it says nothing about the other findings relating to a "range of other employees".


The git history wasn't her most "concrete" charge of sexism. Your attitude demonstrates that you have no idea what sexism is. Her most "concrete" charge of sexism was the charge that Theresa Preston-Werner, with her husband's consent (tacit or otherwise) emotionally tormented her. And that charge appears to have been confirmed.


A lot of the press I saw about this case focussed on allegations of sexism.

However reading the release, the gender of the injured party seems to be independent and unrelated to the injustices which relate instead to the apparently inappropriate behaviour of TPW's spouse and her unsanctioned involvement in the company.

Sexism is a highly incendiary issue in this community. How did a case which apparently was not about sexism come to be so closely related to it? Is the report from Github incorrect or was sexism used to market this to the watching population?


> However reading the release, the gender of the injured party seems to be independent and unrelated to the injustices which relate instead to the apparently inappropriate behaviour of TPW's spouse and her unsanctioned involvement in the company.

Reading GitHub's statements on the investigation, it seems the independent investigator they hired found no evidence that sexism at GitHub. The investigator did find issues with TPW's general professional behavior which is why he resigned.

> Sexism is a highly incendiary issue in this community. How did a case which apparently was not about sexism come to be so closely related to it?

I think you answered your own question there.

> Is the report from Github incorrect or was sexism used to market this to the watching population?

That is what we call a false dichotomy. I do not see how you have narrowed it down to those two choices, and it honestly seems like a veiled accusation.


I was just thinking the same thing as I re-read my comment. It is a false dichotomy and it was badly phrased.

The reason I asked it though is that if this is being used as a tool then it takes away from the real problem. I have no doubt that there are a lot of women in technology have experienced and do experience sexism and that is a very bad and sad thing

However, the amplitude and focus of how this story played out (in places as far as the British Sunday papers) and focussed on institutional sexism seems to be very different to the facts portrayed in the report. Such harassment and psychological pressure is of course terrifically difficult to document and I do know that there could be several different backgrounds that fit the report but there is still quite a distance between the two.

So the reason that I asked the question is that if this is the case then it's a massive disservice to those who are feeling the effects of genuine sexism and weakens their voice. I suspect that that was the net effect of what happened in the Sendgrid case and I think that is a very sad thing.


> I was just thinking the same thing as I re-read my comment. It is a false dichotomy and it was badly phrased.

Thank you for that. It's somehow very much appreciated.

As for the sexism accusations; Many, many women feel they're being discriminated at work ( and they're usually right.) Only a tiny, tiny percentage chooses to speak out about it though because of the very high costs associated with it.

My guess is that in this case Julie-Ann just happened to be one of those silent women and when things escalated with Tom it was just a case of 'now that my reputation will be ruined anyhow I might just as well get everything off my chest.'

If you read her original post she also doesn't make that much of a big deal about the sexism stuff; it's just 'one amongst many' of the abuses she listed.

Also keep in mind that, assuming she's acting in good faith, it's very likely that the reverted commit was indeed very small and dubious but was accompanied, verbally or non-verbally, by something that very clearly and unambiguously communicated the real reason; but of course without leaving a paper trail.


> If you read her original post she also doesn't make that much of a big deal about the sexism stuff

I thought it was the hula hooping that was the final straw for her and the actual reason she resigned?


The source of the gender and sexism angle is that Julie Anne Horvath has stated in tweets and comments to the press that her gender was a central factor in this issue. As Valleywag quoted her saying: "Would this happen to a man in the same situation? No."


It is of course possible that the investigation might not have been able to identify a, possibly subtle, dysfunction at the core of a company's culture with a few days of work...

Regardless; by definition all Julie-Ann can comment on is her own experience and it's very much possible for her to have experienced gender-based harassment, even multiple times, yet it not being systemic to GitHub.


So you are saying sexism is unfalsifiable


I think it is impossible to prove or disprove a theory based on one data point. Much less on one data point that there are conflicting accounts about and some claims made about it was found to be without substance.

Of course, "I was mistreated at X" sounds much less powerful than "there's a gender discrimination at X", but one example of the former does not prove the latter, and refuting this example also does not prove the latter does not exist.


burden of proof lies with the accuser imho. particularly after an investigation has failed to show otherwise.

there seems to be a palpable thirst by some for the smoking gun that tech is overrun with mysogynistic brogrammers. it was out in full force here. it's depressing to see my field play into the hand of gossip mags like valleywag. i have no problem with flushing out bad actors like the people who were found to act unprofessionally. they are the minority though. to take their behavior and try to paint a whole industry is sad and usually being done by people whose identities and personal brands are defined by this issue.


Well, there are a lot of people with different agendas out there. Nobody forces anybody to read valleywag :) And nobody is forced to accept accusations for which the proof is not provided.


an "investigation"

hired investigator finds employer innocent. I'm shocked!


No, just that it's possible the investigation was "underpowered", to borrow a term from statistics.


"Underpowered" would have been damning enough, and a reasonably fair accusation to make.

But it wasn't good enough for Horvath: in order to get her point across -- and to play with your head -- she needs you to believe that you to believe there was "no investigation."


Underpowered implies that given enough data you can make stronger claims. The argument the above poster made can be made with any amount of investigating up to and including 24x7 surveillance. In other words if you are going to make an argument about data being underpowered you need to describe what additional data would be necessary to provide enough power. If you don't you just sound like the pseudoscience people who hold on to unfalsifiable claims.


If you're trying to falsify claims of sexism rather than addressing the fact that an employee feels distressed, then you're asking the wrong questions.


Not trying to falsify claims of sexism for the fun of it. We agree the PWs fucked up their relationship with Julie and the resulting investigation proves exactly that. She was right, agreed. But that's not the full claim—it's two-pronged. Are you asking that we do not verify the authenticity of the sexism claim and bulk it's truthiness together with the former?


I agree -- there's no problem with someone claiming a specific individual acted in a way that was unprofessional, and it's certainly a believable claim worth investigating. Turns out that was the case here.

Where things jumped the shark is where men watching women voluntarily hoola hooping at a company event triggered an industry-wide freak out about sexism through the magic of blogs and twitter. (With Valleywag et al laughing all the way to the bank.)


My questions about the public rendition of the hula hoop has large gone unattended to. (I know, I am unpopular.) I reiterate, yet again: 1. Were the ladies aware the had the gentlemen's attention ("gawking" as Julie called it)? 2. If answer to (1) is no, did they ever notice they had an audience? 3. If answer to (1) or (2) is yes, what was their reaction: stopped or continued?


yes, if someone is distressed then of course the proper action is to try to figure out how to alleviate that.

the point about falsifiability comes in when that distressed person makes widely communicated public accusations about the conduct of not just individuals but an entire company and in this case due to the environment of paranoia about sexism an entire industry. if you are going to make claims about systemic gender discrimination then you are opening yourself up to criticism and the need to provide evidence.


Just to address "identify a, possibly subtle, dysfunction ... with a few days of work", the Github post implies that the investigation took place over at least four weeks:

> Ultimately she conducted over 50 interviews during a four week period.


> it's very much possible for her to have experienced gender-based harassment, even multiple times, yet it not being systemic

Hardly, that would be bullying. Sexism is systemic by definition.


> How did a case which apparently was not about sexism come to be so closely related to it?

Because she explicitly called out that the source of the problem was gender discrimination. Whether she was mistaken or whether the investigation failed to find the problem no one knows for sure, but it is not surprising that this case was closing related to sexism when the victim claimed that was the cause.


Would the founder's wife have acted inappropriately toward the employee had the employee been male? It's probably not possible to know the answer to that for sure, but that's where the possibility lies. The intention of GitHub's investigation was to determine if there was systemic sexism within the company.


I could be wrong, but I believe originally the ex-employee claimed the un-equalism's were due to the fact she was female. As we know now, that's a load of bs... but the media is still running with it.


We don't know that now. We just know that no one was willing to admit to a company hired investigator (as impartial as defunkt claims they are, would you feel comfortable voicing allegations of sexism about your superiors to someone who you KNEW was going to report to your superior? Now imagine if you were a woman, where talking about sexism is often enough to get you labeled as a troublemaker, or just a nasty word).

I shouldn't expect better from HN, but it's amazing how much stock people put in the words of corporations trying to cover their asses, even if they are start ups. Everyone stops applying critical thinking when you criticize start ups because of the ridiculous start up boosterism mentality we've adopted.


Yeah, and there aren't a lot of women at GitHub. It would be quite easy to figure out who was making a particular complaint.


Adding to that, it is also possible that Github board of directors were willing to make a scapegoat of a founder (guilty or not), rather than risk the whole company's reputation by acknowledging inequalities in the workplace.

Shouldn't these sort of investigations be done by a legal agency? Not that legal agencies are always unbiased, but an investigator appointed by a corporation seems obviously suspect.


And indeed the content of the interviews made it to the bosses via the report:

Rhoma’s report includes personal stories, private thoughts, documents, and all kinds of details that were shared for the purpose of the investigation, not for public consumption. We are trying to be transparent, but I hope you understand that there are privacy concerns preventing us from sharing the report in full.


>We don't know that now. We just know that no one was willing to admit to a company hired investigator

You assume here that someone is holding back, but we don't know that either.


I think it's fair to assume that in most work places people hold back criticism from their employers, no? Why this need to assume anything anyone says is as equally likely to be true as anything anyone else says?


Women at GitHub reported feeling supported, mentored, and protected at work, and felt they are treated equitably and are provided opportunities.

This is an interesting revelation. (Actually it's not a revelation. It clears a doubt on our minds after Julie's incident.) Also, I have always wondered why none of GitHub's female workers have supported her or spoken to Github's allegedly rotten, sexist working environment so far.


Another possibility you should consider is that people don't like to rain on other people's parades. They also saw what happened to Julie and probably would not have been treated very well at work if word got out that they were speaking critically about the company?


> Another possibility you should consider is that people don't like to rain on other people's parades The media attention this incidence garnered says otherwise. From thousands of tweets, to HN comments, to blogposts, etc. We sunk our beaks into the carcass.

> They also saw what happened to Julie and probably would not have been treated very well at work if word got out that they were speaking critically about the company You imply GitHub's female employees read prepared scripts to the investigator about their working conditions.


Having read the parent and grandparent comment, I regret upvoting this thread.


The point is valid and one I hadn't thought of: would employees be truthful knowing that what they say will be reported to the company?

I like to think that I would, but none of us know how we would react until put in that situation.


It depends on the nature of authority and the safety of work environment. GitHub-according-to-the-media promotes exactly that. Not forgetting GitHub's engineers are probably good enough to land another job almost immediately after they quit GitHub.


regret all you want. this is NOT a gender issue. It's a classic disgruntled employee issue. it happens all the time, just with less media attention.


How is it not a gender issue when the "disgruntled" employee claims she was harassed because of her gender?


Because both an employee and employer can make whatever claims their want and claims from both sides should be viewed as suspect absent evidence and witnesses. This becomes a gender issue when other people support that claim. Until evidence or a credible witness corroborate the claims, it's a disagreement between an employee and employer. We have zero evidence to support anything more than that at this point. To claim otherwise respects neither science nor due process.


My point is that the allegations are gender-based in nature, which makes this a gender issue by definition.

This did not become a gender issue when "other people support[ed] that claim." This became a gender issue the moment Julie claimed she was harassed because she was a woman. Whether her claims are invalidated or not doesn't change the gender-based nature of her claims--it would simply mean that her claims (which are still gender-based!) are not supported by the evidence.


Is it also a part of that "classic" scenario for one of the founders of the company to be forced out based on the results of an investigation that found "confrontational conduct, disregard of workplace complaints, insensitivity to the impact of his spouse's presence in the workplace, and failure to enforce an agreement that his spouse should not work in the office."? Does that always happen when some random disgruntled employee talks shit about a company on Twitter?


I'm glad they're flatly acknowledging the wrong doing on what compromised the majority of Julie's complaint.

As to her assertions that an engineer was keeping her out of the code if she wouldn't sleep with him, I've actually lost sleep trying to figure out how you'd handle that complaint. Where would the evidence trail be? Innocent until proven guilty but also wanting not to assume a women is lying about sexually harassed, how do you balance those two things? Given what we know about sexual harassment, it's a horrible idea to operate on the assumption the accuser is lying, but when it's just word vs. word, what do you do? Presume guilt? Can those two employees co-exist? Can you fire the accused even if there's no proof (and what proof would there be? Commit logs aren't much.)

Anyone have suggestions? Ideally you want to build a culture where this just would never come up and where nobody would tolerate it, but I just don't think that's ever going to be fool proof.


Actually I think commit logs in this case are good evidence. You can't just rewrite git history without having everyone in on it. It's not foolproof (the company could have mandated that everyone drop their local versions, or the branch with the reversions could have been shared by a small number of people who were willing to conspire), but it's very strong evidence I'd say.


Conversely it would be pretty easy to say "well this is the official repo" and ensure no one asks any further questions in a flurry of feux-outrage.


Actually, I see what you're saying. Tell the investigator some cleaned version of the repo is the official one. That is a plausible way to get around it.

I still feel like it's less likely they were willing to throw a co-founder under the bus, but would go to such great lengths to protect "some engineer".


It doesn't even really have to be malicious so much as disinterested, which is how most of these types of workplace problems fester. People don't set out to actively create a caustic environment - they just don't want to be bothered with the tricky business of preventing one.


I think even then, the chances are pretty high that someone will go "oops, I accidentally merged back in the old version of the repo. Sorry guys". I've tried rewriting an entire repo before (to remove huge binary files) and even with a small team, it only takes one person out of the loop to bring everything back in.


> You can't just rewrite git history without having everyone in on it.

umm...I've got something to tell you...


Please, explain. I acknowledged the ways I could think of that a widely shared git repo could have its history modified. I admit my knowledge of gits lowest levels is a bit murky, but I'd like to hear specifics if you have them.


No, you're totally right here. I think matdes skimmed over the critical "without having everyone in on it" part of your post.


You can't handle that retrospectively. That's what you need HR policies in place for pre-emptively; so that these frustrations can be channeled into a productive resolution.

It's like an airplane crash; it virtually always involves several failures along several points and only when all failures come together do you get into an irreparable situation.

Keep in mind that the irreparable situation in this case is Julie-Ann leaving, because even with the abuse clear HR support could still have easily prevented the issue from escalating.


What would appropriate HR policies be? The following is what I thought of, and rejected (note - I'm not a lawyer, I don't know any laws about HR, and most importantly: this is all highly hypothetical, I haven't even considered starting a company yet):

(1) forbid "workplace romance" - this is very against my philosophy of encouraging personal freedom, and I don't think I would want to work for a company that had this policy. Moreover, I don't think this would solve the problem - false allegations could still be made, and true allegations could still be denied.

(2) disciplining the one who makes the inappropriate action - this too has the "he said, she said" problem as above, and furthermore the appropriateness of the action is often determined not by the subject's action itself, but how the object perceives it.

The best policy that I can think of is: all employees are expected to act professionally in the workplace, and to not be affected by their emotions (if they can't manage that, they should take a day off). Workplace romances are discouraged, because they may result in hard feelings between employees, but if you think being with the person is worth risking your job, go for it. In case two people have a conflict unrelated to their work, they should handle it as adults. If they expect action from the employer, they should present concrete evidence (emails, code commits, phone call logs, voice recording of the conflict, ...).

I realise that this sounds a bit harsh and insensitive, but that's what would work for someone like me - in the rare instances where I disliked my coworkers, I put my feelings aside and consciously decided to give them "another chance" by recognising all the great work they do. What are your thoughts, and what kind of policy would you suggest/instantiate?


I can't imagine that forbidding workplace romance outright is the answer since we spend most of our adult lives working and is one of the places we are likely to form a long lasting romantic relationship. Think about all the people you know in your life in a happy relationship. My experience has been that a non-trivial percent of those relationships involve people who met through work.

I'm curious if something like tinder could be used to solve the question of how workplace romances could begin without exposing the company to issues.

Basically, a tinder like system would allow employees to opt in or out of the possibility of workplace romance. Someone that isn't interested in any unwanted advances at work would swipe no to everyone and therefore any advance would be an unwanted advance. On the other hand, swiping yes to someone is acknowledgement that you are open to a workplace romance and that you acknowledge the risks of making an advance and you have clear responsibilities on how to handle it like an adult and in a way that absolves the company of responsibility.

Furthermore, if this system were managed by the company, they would have records of opting in from both parties. Any advances outside those recorded by the system, would clearly indicate who is to blame.

There may be some unintended consequences here, but this seems at least to be a better system than the status quo.

Maybe Tinder can try to pivot into a tool for human resources departments?


This is interesting because it helps address the problem of how do you know an advance is unwelcome without doing something that could be considered an advance. It avoids the awkwardness of having to ask that question "are you open to advances?" before actually making an advance. However, relationships are formed over time, and romantic and sexual relationships are often serendipitous. It's up to each party to communicate effectively and unambiguously if misunderstandings are to be avoided. Using this kind of app/service/record-keeping sounds just as interesting/desirable/sexy as having to ask that question point blank (that is not at all). Is there really much difference between "Would you like to go out with me?" and "Can I ask you to go out with me?"


What you're essentially proposing is, "All employees have to declare whether or not they are sexually available to every other employee."

It's demeaning, unprofessional, and a legal nightmare that this would be part of the terms of employment!

It also gets consent totally wrong. The onus shouldn't be on employees to explicitly swipe, "No: I do not want to be subjected to sexual and romantic advances at work." That has to be the default.

Plus, are managers involved? If your boss swipes "yes" and you swipe "no", how are you to know that won't bias their evaluation and treatment of you?

And when someone swipes "yes", what are they swiping "yes" to? Being flirted with? Being asked out on a date? Being propositioned for sex? Are you proposing that "Hey, she swiped yes" stands up as a refutation of any sexual harassment claims?

Etc. etc.

Think it through, man -- this would astronomically increase workplace drama and legal woes, not reduce them.


Look, I was just proposing a thought experiment to foster the beginning of a discussion. The raw idea I proposed was just that, raw, with the goal that others may see the merit in it and explore where a derivative solution may better maximize overall benefits for society.

It's hard for Americans to consider the merits of workplace romance because it's been hammered into them for 20-30 years now that it's always wrong all the time. Having worked professionally on 3 continents, the American approach would be picked apart by many foreigners as easily as you picked apart my proposal.

Truth be told, in the US we're at a local maxima once you consider that alternative solutions may do a better job of increasing lifetime happiness (i.e. there is a non-trivial chance that your ideal partner(s) is/are someone you work with). It's hard to recognize the situation here as a local maxima if you've never had the opportunity to work in a culture where you could date people with whom you work.


And how, exactly, do you conclude that I'm American? Or that I've not worked professionally on three continents?

Cool assumptions, bro.

And why propose a thought experiment if you're just going to dismiss criticism as a reflection of the critic's nationality, instead of evaluating them on their own merits?

You didn't address a single counterpoint I made; it sounds like you're not interested in a "thought experiment" so much as proposing your idea and then not hearing any criticism.


> Any advances outside those recorded by the system, would clearly indicate who is to blame

But the question remains, who is to blame? In my opinion, mature adults should be able to calmly handle both rejection and an unwelcome advance. In my opinion, it's the person who's handling it worse at the workplace (being annoying, obnoxious, ...) and whose work is more affected who is to blame, at least from the perspective of the employer.

Anyhow, I don't think this would work - Tinder works on the premise that you're swiping strangers left and right, so you're not that affected by rejection... If you swipe yes someone you know, and you don't get a match, you know you've been swiped no, so the rejection must still be handled maturely...


Interesting idea, but who would manage it? Seems very CYA / legalistic, such that only huge, bureaucratic companies would be "uncool" enough to have such a system.


Well; there are tons of HR books with general advice and probably dozens about what you're discussing here.

The general consensus is that there is no right approach [1] but that there are a lot of best practices and no-brainers and that it seemed that very few of them were in place here.

As for my advice; there was just no escalation strategy at all here. HR is just like anything else with costs increasing exponentially the longer something goes undetected. That's why good HR isn't even so much about policy (although setting rules, no matter what they are, does help a lot,) but more about setting up structures so that you can resolve conflicts at an earlier stage.

[1] You can even see it in their statements where the first was the 'minimize legal risk' school of thought whereas the second was 'maximize empathy' kind of thinking.


Lacking evidence, you ignore all the allegations and do the same thing you always do when you have two employees who can't work together: see if they can be assigned to different projects, and if not, decide which one of them you want to keep based on their value to the company.


Wouldn't the evidence be in the commit logs? It's customary in most places to explain what you changed and maybe why, it's not unusual to have a reference to a bug or story or case or something, likewise there is usually a product owner who knows about it.

Even if it's just pure cowboy style with a "fixed some stuff" like comment, the context of the change can be looked at. Honestly, this claim seemed like the most tangible one made. I'd say 1 of two things should happen regarding it, either someone else needs to get their walking papers or a pretty substantial apology is owed.


If I'm missing something, let me know, but it seems to me that GitHub did about all they could with this investigation (respected outside investigator, seem to be releasing as much as they are able to, although if they stop releasing new information/new stuff comes out through other channels, my opinion will change). They've admitted that TPW's conduct was unacceptable and are trying to correct that from happening again. The allegations about sexual harassment and locking Horvath out of code seem right now don't seem to have any merit beyond Horvath's allegations. Also, Horvath seems to have accepted the outcome, simply noting that she disagrees with the findings, but not raising issues with how they were arrived at or trying to impeach the investigator's credibility. Her belief that none of this would have happened were she male is an opinion she is entitled to, but is basically impossible to prove at this point. It's unfortunate, but, beyond GitHub having a time machine to go back and try to fix this as it happens, I'm not sure what else anyone expects them to do. My hope: GitHub continues to release what they can, they improve all their employee mediation processes, everyone agrees that they made big improvement to their internal culture, and that eventually, this whole ordeal is relegated to the annals of a Wikipedia subsection.

Have I missed anything?


You said it perfectly. However, I would add that it seems to me that at first we give more credence to the accuser than the accused. The burden of proof in this situation is always with the accuser and the fact that she assumed people would believe her, and people have, is not something I respect. And being a male has no effect on my opinion. I have pissed off my friends and especially my family, father in particular, because I've always given the benefit of the doubt to the accused in similar situations. My father found it particularly annoying, rather extremely frustrating, that I wouldn't automatically support and accept anything he would say at face value against a business partner or relative or anyone. And my behavior is the same with friends and coworkers, much to their annoyance.

Back to point of Julie's complaints --- we're adults here and if there's a pattern of behavior from a coworker, then documentation is your best friend. In fact, that should be an automatic rule: any communication with colleagues in the workplace should be documented, either via email or chat, and kept short and to the point otherwise. If there exists a friendship between coworkers and there is fallout due to conflict, assuming there is no evidence, the accuser/accused should just let it go because that's what friends do. You can't demand professionalism when the principle hasn't been observed in the first place.

Being a man, woman, father, mother, doesn't absolve one's responsibility from presenting evidence for the truth, even if they have a history of being honest. More importantly, our attitudes towards the accused should initially be of giving benefit of the doubt.


^ This. This is a key in this story.

Consider how what the cost is to Horvath here, how she can say whatever she wants, launching a huge firestorm, and oh, 1/3 accusations is provable. (And one, about the guy removing her code, is actually pretty much disproven.)

Continuing to call the workplace "toxic" is objectively and clearly an overstatement as well.


I generally believe that, when I have no personal knowledge of either party, or the validity of the allegations, innocent until proven guilty is a somewhat healthy mindset, although the burden of proof for "guilty" should likely be somewhat substantially less than in a court of law


This sounds very snide, but honestly, I don't think the people collectively calling for Github's head have given them any other choice. It's clear that people are unwilling and unable to listen to the facts of the case. They have their pre-set opinions on what happened based off of one side of the story. At this point, I'm not sure what Github should do. They have done their best to give lip service to these complains. Here is the first comment already:

"When you've dug yourself into a hole you should stop digging"

I agree. I don't think it's worthwhile for the Github PR team to continue to address and give legitimacy to those voices who are beyond reason and simply want to express anger.


I actually feel that this last response is exactly how PR should work. It has placed responsibility for misconduct where it for the actual misconduct that actually happened and needs correcting and has done a pretty good job of invalidating the histrionic claims of gender discrimination.

This additional information (the identity and reputation of the investigator and the level of detail investigated including review of the commits) taken together with JAH's commits to her own public projects [0][1] and exaggerated and overly dramatic behavior, there is more than enough reasonable doubt to vindicate the male engineer being accused of misconduct. Absent a reliable witness to the claimed misconduct or other solid irrefutable evidence (not just perceptions of what happened), the principle of innocent until proven guilty should extend to this accused individual as well.

[0] https://news.ycombinator.com/item?id=7625258

[1] https://news.ycombinator.com/item?id=7629283


Referring to Julie-Ann's complaint as "histrionic claims about gender discrimination" is unjustified and offensive.

To do so implies that she invented those feelings to further her case. There is absolutely nothing in the record to support such an accusation.


If you actually want a fair investigation where the goal is justice, the last thing you do is go to the media and kick off a trial by peanut gallery.

Going to the media first is the very definition of "exaggerated dramatic behavior designed to attract attention".

There's nothing wrong with going to the media first with a story of gender discrimination if you have the hard evidence to support your allegations. If you don't, taking that nuclear option without evidence will only discredit you because choosing the nuclear irrefutable evidence is careless and unjustified. If anything, JAH has actually damaged the ability for other women to use the nuclear option in the future. A hypothetical future situation in which a woman steps forward with gender discrimination claims like those made by JAH will be met with greater skepticism than in an alternate reality where she had stuck to only making claims about those things she could prove.

She should have only gone to the media with the story of misconduct by TPH and his wife (which near as I can tell was gender neutral with respect to the misconduct in question, since both men and women were impacted.)


The people calling for Github's head were asking for a response like this.

Ideally they'd also apologise for accidentally enabling a work-environment that led to Julie-Ann feeling unsafe in the first place but, as even Julie-Ann herself acknowledges, this response is largely satisfactory.

It's just sad that it took so much to get there; but I guess that's how progress happens.


Except that “moving off Github” seems to have been becoming a meme that’s all over Twitter. When slander hurts your business, what do you do?


I think this is a much stronger response than the previous one for the following reasons: 1. It is a lot less mysterious. It tells us exactly what steps they took, and why they felt the investigator was appropriate. 2. They do admit faults and weaknesses, especially on the truly bizarre part of the original claims (i.e. showing up at a company where you don't work). If that part had been denied, then something was factually missing. 3. The part where they do claim they were not at fault -- the engineer's work -- doesn't come across as defensive.

I don't know how they could have done a better job. (I am not saying they could not have done a better job, just that I can't think of it).


Isn't it entirely possible that the situation with TPW exacerbated the situation with the Engineer and the toxic workplace environment? At least in Julie's eyes, since she received the brunt of TPWs inappropriateness?

I'm sure that if I was under that kind of stress from one of the Founder's of the company I was working for, it would most likely contribute to me seeing other encounters as something that it wasn't...


Very much this. This report doesn't discredit's Horvath's perspective of sexism, it in fact supports it. The reality that there isn't sexism in general isn't in-congruent with that. The report also speaks of github's HR failures (that a founder (indirectly) was able to harass her repeatedly because of her gender), which Horvath explained as being a big reason for her view of sexism at the company.


I'm led to think that Tom Preston-Werner got off easy here.

failure to enforce an agreement that his spouse should not work in the office

It had been a big enough problem before that they had a formal agreement prohibiting it.


Why did he get off easy? Who's going to work for him now?


Given that Marc Andreessen publicly vocalized support for him and his new venture, I hardly think he'll have much trouble with his career.


Not to mention that he probably owns over $200m worth of GitHub stock.


Just off the top of my head, he was allowed to resign rather than fired for cause.


I don't mean he'll have trouble getting hired - he won't. This probably won't hurt his "career" per se.

I mean he'll have trouble hiring people to work for him. I'd certainly think twice (and this is not an entirely casual statement since I'm an engineer and a startup guy) - not because of the allegations, but because the result of a careful investigation was that he made it an unpleasant place to work for some of his employees by being confrontational, disregarding complaints, and being insensitive to something that wasn't a problem for him personally. I do not want to work in a place like that, and I'd be worried that he'd do it again.

It won't stop everybody from working for him. He'll still get plenty of graduate attention. But putting together a good startup team is hard, and this kind of verdict might make it impossible.


Perhaps he resigned before the investigation was over.


It's right there in the statement:

After being presented with the results we felt Tom could no longer be an effective leader at GitHub. He offered his resignation and we accepted.


I'm a little bit confused. Are you saying that to Horvath her personal perspective was that it was sexist, that the report said it was not actually sexist, but that doesn't discredit her personal perspective of the matter?

Edits - let me clarify: I think this would go far in explaining why Horvath is reacting as she has been doing to the report. But I'm struggling to understand if this means that the personal subjective interpretation is more valuable to the truth than an objective independent investigation? (Now I think that the investigation on the whole may not have been at all independent - only to ensure that Github was in the clear legally - with no obligation to the truth or to expose any other things - but I think that's out of this side discussion!)


I'm saying they are of similar weight, to be clear Github's interpretation of the events and Horvath's interpretation of the events are both valid perspectives, neither can be invalid, to the party in question. We have to weight them the way we see fit, and the ones that have the most evidence of being generally true.

An investigation found no legal liability of sexism but that doesn't mean there isn't a culture aspect to it. On the other hand Horvath's experience with the founder may have colored her view of the culture.

I'm saying Github's interpretation of events and Horvath's interpretation are consistent, they don't conflict, hence they can both be true at the moment.


Horvath's response: I'm pretty satisfied with @Defunkt's blog post. I disagree about the objectiveness of the "investigation," as well as the toxic workplace.

https://twitter.com/nrrrdcore


I disagree with the results of the investigation since they don't support my claims and actually show some of them to have no substantial evidence in their favour. I'm glad someone got fired over this even though my initial and highly incendiary claims of sexism, the grounds on which this investigation was started, were shown to be false.


This is a really sticky issue, however I can't help but feel that Julie is handling this quite unprofessionally. She has been posting for the last hour on twitter about how she is satisfied with the blog post, however feels that everything was wrong, and she's actually going and naming names. (other than TPW), which is completely unfair IMHO.

She says that she strongly believes that this would have not happened to a man, and the report says that they found no evidence of sexism in the workplace. This has been brought up before, but is it at all possible that some of the treatment she received was because she is difficult to work with, rather than because she is a girl? Nothing in the report points to anything having happened that was specific to what JAH talked about, could it in fact be the case that people are treating a sub-par, or difficult employee (in their own eyes) differently to others around her, and in her mind, in (what I asssume is) a predominantly male workplace, she sees this as discrimination? I don't know what to think, but unless there's any evidence either for or against, I think the only reasonable assumption that we can make is that there may have been fault on both parties sides, the extent of which is unknown.


I wonder if she has had any legal advice.


So basically the blog post seems to me to claim this:

Ms. Horvath was right with her allegations about a founder and his wife, unbelievable as that wife story sounded at first.

She flat-out lied about the engineer who sabotaged her because she wouldn't sleep with him.

And she lied about not being contacted or interviewed in the course of the investigation.

The truth of all this is undecidable by the public, of course.

This drama can go on virtually forever, unless it is settled in court.

Maybe it's best to detach oneself emotionally from it. It's impossible to choose sides.


So bottom-line: the company is not a haven for male brogrammer types, the founders fucked up and please engineers don't let this scandal affect you.

Still, there's a bitter taste left here. The whole situation remains somehow murky and nobody has benefited from this "clarification". My personal opinion is that if you have a disagreement and there's grounds for legal proceedings, you should start the legal proceedings. It might be an uphill battle, it might eventually prove useless, but at least it's a final answer to a question.

My guess is that this public storm did not help anybody: neither Julie, nor Github, nor the movement against sex discrimination in the workplace. Everybody still thinks they were right and no "final" solution was shown. And most importantly, with regard to the real issue (the discrimating treatment), nobody DID nothing. The founder just quit (without being accused of much and without "paying" for anything), Github is still the best place in the world to work in (as it was before this thing happened) and somehow Julie seems to be a little more paranoid than before (hey what can we do, an independent expert did not confirm her story).

Back to square one on this one.


> Back to square one on this one.

I don't think so. Maybe that's the sentiment here among some HNers, but the industry at large reacted differently. Most importantly, it raised awareness to the fact that some women may feel unsafe or uncomfortable in a work environment even if their mail coworkers and bosses don't feel they're doing anything wrong.


So you're saying that nobody benefits unless they sue the other person?


Not exactly. I am saying that public opinion does not benefit unless the law's involved. If discrimination is not condemned clearly and if the perpetrators can hide behind press releases and teary eyed blog posts, nobody benefits.


> Employees were asked about their experiences here, good and bad. Women at GitHub reported feeling supported, mentored, and protected at work, and felt they are treated equitably and are provided opportunities.

I'm glad to see the claims of sexual and gender based harassment don't seem to be true. Perhaps larger companies should make it part of their culture to have a periodic audit similar to this investigation?


> I'm glad to see the claims of sexual and gender based harassment don't seem to be true.

Not to be pedantic, but it implies there is no systemic sexual and gender based harassment. It doesn't say anything about Julie-Ann's experiences except that they're not provable.


If you're a reasonably intelligent person subject to real wrongdoing of this nature, would it not behoove you to collect evidence that will support your allegations of misconduct when you finally make your claim public? The fact that there really is not one piece of evidence she's been able to produce leads me to believe that claims of sexual misconduct are anything more than imagined.

I've been in a situation where I was reasonably certain that I observed fiduciary misconduct. At the time I basically had three choices:

(1) stay at the company and ignore it (2) stay at the company and collect irrefutable evidence and expose the wrongdoing; or (3) ignore it and leave the company because it was not my problem to deal with and would be more damaging to my career to do something about it.

There was never a 4th option: "expose the wrongdoing with no concrete evidence". I didn't have enough to substantiate any allegations. It's entirely possible that I could have even been mistaken about what actually happened since my relationship with the person in question was rocky and I might have been projecting my negative perceptions of that person onto a novel situation. Without collecting concrete evidence to prove my allegations, I couldn't even be certain of what happened, much less certain that exposing the wrongdoing without evidence would be fruitful.

The burden of proof was the responsibility of the accuser, and in this instance the accuser has failed to substantiate claims made.


If we extend that line of reasoning then if you're raped but can't prove it you should stay silent because making it public without hard evidence is just not an option.


If you're only "reasonably certain" you've been raped, then yes, you should stay silent until you can figure it out for certain.


Strawman. Rapes leave evidence [0]. Spoken words don't.

[0] https://en.wikipedia.org/wiki/Rape_kit


Rape kits don't necessarily show consent or lack thereof, which is crucial but usually ends up boiling down to being a he-said-she-said problem. You could know who the rapist is with a rape kit that also points to the same person and still be dragged through the mud with the "you must have enjoyed it because you're a slut/you slept with him/her in the past" kind of crap - not many people can deal with that so.....yeah. Plus they are not always the end-all to a rape case even if you have proof of physical contact with no consent.

That's before you even get to any problems before you reach the rape kit stage - I've read way too many depressing posts on r/twoxchromosomes and other sites where women don't even know if they've been raped because they don't remember it after being drugged (good luck with a kit that late) or don't think it "crosses the line" or are just like "it was a bad night" if their boyfriend rips their clothing off and tries to have sex with them even though they were saying "no" and crying the whole time. Usually comes hand in hand with a culture that likes to perpetuate bullshit like "you can't change your mind in the middle of having sex" and "married people can't be raped by their partner".

Gooood luck with rape reporting in general, there's a reason - no, many reasons - why so many people keep silent.


uhhh no. no they don't, necessarily. I guess if your only definition of rape is the screaming sexual assault in an alleyway trope, of course you'd think that.


I don't find this comment pedantic. It's a crucial distinction.

I think that this case demands a lot of suspension of judgement since absolute judgements one way or the other are so damning/redeeming to opposite sides of the dispute, and since the allegations are so difficult to demonstrate or disprove. I think that it's most likely that neither absolute judgement of wrongdoing is perfectly explanatory of the situation.

So, for me, it's best to assume that both sides genuinely feel that they are not in the wrong, and that the facts are not as clear as either side supposes. It's deeply unsatisfying, and if one party or the other truly is malicious and completely to blame, then it's unfair. But I think that it's the most fair conclusion that can be drawn with the information available.


Indeed it doesn't, but Github's point with these releases is to exonerate their company and their culture, not Tom Preston-Warner. So showing that there isn't systemic harassment is what they want.

Defining culpability would never come from them. A labour law suit would be the ticket, although I'm not sure under what umbrella it falls under in the US.


Saying it is gender based when only one person is involved is a bit of a stretch anyway isn't it?


Also the fact it was a company hired investigator. It's in the companies best interests to hype their impartiality. Here's hoping a news organization will do some reporting and find out if this investigator has the record claimed, even if it only verifies it.


In regards to Julie's statement of GitHub being a "toxic workplace" and the findings of this investigation, I think what we're seeing here is how microcosms of culture can affect the whole organization.

When I worked at a large corporation, it was easy to find people who absolutely loved the culture of the company, and people who absolutely hated it. If you drilled down with each person, it would come down to their personal experiences with their everyday team members. Daily interactions are often extrapolated to the culture of the company as a whole, for better or worse.

So I think both Julie and the report are right. For Julie, her experience was very horrible, and since it involved a cofounder, it's no surprise at all that she saw this as a systemic part of the GitHub culture.

And if the other female employees did not have to endure similar experiences, it's no wonder that others do not share the belief of GitHub as a toxic workplace.

The takeaway for founders and leaders: culture can't just be set from the top, it must be reinforced at every level of an organization.


And unfortunately this will change no one's opinion. GitHub got tried in the court of public opinion and was sacrificed.

Short of having audio or video or evidence those who backed GitHub feel vindicated, those who backed Julie Ann Horvath will see this as the "Mad Men" culture of Silicon Valley exercising their muscle to supress the story. The small but sane few in-between who were waiting for the full story will never get it because the other two sides are just going to throw hyperbole until the cows come home.

I wonder if we will ever be able to have a sane conversation about the "sexism in the Valley" or the fact that it concerns itself with something that is so technologically intrenched the mob mentality of the Internet will always draw centre stage.


Excuse you; it changes my opinion and I'm a pretty staunch feminist, social justice warrior or whatever else you may call me.

The previous public statement was a disgrace and is exactly what you get when you let lawyers recommend you what to do; which includes soulless recommendation to fire anyone who raises harassment complaints after three months; even if they are valid.

This statement is OK and I'll give them a pass on it.


Exactly. If they came out with this response first this shitstorm probably wouldn't have escalated to this point.


This response took measured time and deep analysis. It couldn't have come out in 5 minutes by the very nature of the work done.


Then Github should have held off on that legalese post that incited anger. You can't put something like that out re: an issue that involves so much human emotion.


This doesn't contribute anything to the discussion but instead writes off anyone who might be angry about the handling of this and the public reaction as "mob."

Part of having this discussion requires not writing off the entire discussion as impossible to have because of YOUR stereotyped view of the participants.


> And unfortunately this will change no one's opinion

Way to open it up with a statement that's guaranteed to be 100% false.


You're right. It was a hyperbolic statement which was going exactly against what I was arguing about. I should have edited it.


Apologies for the tone in my comment.

It just made it difficult to digest the rest of your comment, which I actually completely agree with.


You don't have to apologize. It is difficult to project the correct tone with text and I'd much rather feel a a bit sad and be corrected then to remain ignorant.


I didn't really have an opinion on this before, but now I do. I generally wait until I feel like most of the facts are known before I form opinions, and now I have formed one.


I'm glad to hear that. My first sentence was hyperbolic and should have been toned down.


> I wonder if we will ever be able to have a sane conversation about the "sexism in the Valley" or the fact that it concerns itself with something that is so technologically intrenched the mob mentality of the Internet will always draw centre stage.

Perhaps, but if so it will never happen in public. There are too many people craving the moment to toss their incendiary in for that to happen.


Julie herself says she's "pretty satisfied" with this post. I still consider myself one of her supporters, and I felt satisfied enough by this post that I recreated my GitHub account. Next time give it an hour before calling everyone insane.


It has been over an hour and based on the reaction threads I've read I still think the vast majority of people are "insane".

I am glad that you are satisfied with this response and it brought you back to GitHub. You are one of the open-minded ones. I probably could stand to be a bit more open-minded myself.


I haven't read the rest of the comments, but am I the only one who finds it strange that GitHub says that Horvath was contacted for the investigation, yet she says she wasn't?


She retracted and said she was actually contacted (later in the day): https://twitter.com/nrrrdcore/status/453337287766450176.


No, you're not. I've reached out to her on Twitter for clarification, hoping for a response.


For those who think tarring and feathering the Github organization as a whole is still justified:

What would it take to change your mind?

One of the signs of an irrational belief about the world is that it's not falsifiable -- you can't conceive of a possible future observation that would cause you to change your belief.


Was this inspired by a Less Wrong post[1]? I really liked it at first, but eventually realized it's almost completely inapplicable in real life (except possibly theological discussions).

For example, in this case, there are things well within the realm of physical possibility that would in fact change the mind of every single person "tarring and feathering" GitHub, such as Julie Ann Horvath and Melissa Severini publicly announcing this was all a hoax. And vice versa, of course.

Of course we all think that's unlikely happen, but the point stands that people on both sides of this discussion came to their beliefs through a combination of evidence and emotion, and could be dissuaded by the same; and your not-so-subtle suggestion that people on the side opposite you are being "irrational" is unfounded and in bad faith.

[1]: http://lesswrong.com/lw/jr/how_to_convince_me_that_2_2_3/


I hope the chorus of people who took the accuser's allegations at face value will take GitHub's investigation results at face value as well... oh wait.


Is that usually how things work? I thought we tend to believe whistleblowers over the institutions with financial interests that they speak out against?

Obviously I'm not saying everything that comes out of a whisteblower's mouth is absolute truth, but if you take GitHub's words at face value without considering their financial interests, etc, you're thinking very uncritically.


Actually things generally only work that way when the whistleblower has evidence of the things they claim. For instance, if Edward Snowden had come forward with claims of pervasive global surveillance by the NSA he would have been written off as paranoid like the many, many people who had made that claim before him. What made Snowden different is that he also brought with him verifiably authentic documentation of said surveillance among other things.

In this case we have the difficult choice of either dismissing claims of harassment and sexism, which is not a good thing to do if we want to help put an end to those things, or uncritically accepting someone's word without any evidence to back it up. And in fact with evidence going the other way, however insubstantial it may be. Doing that would not be good for the precept that one is innocent until proven guilty, which is something that is important to preserve for the disadvantaged, even when it benefits those in power.

At this time the only people who are making verifiable claims are github: They have hired an investigator who they believe to be competent and impartial. They name this person and their record can be investigated by anyone who cares. The investigator's report turned up evidence of bad behavior by the CEO and they took it seriously enough that he was removed.

Where do we go from here? As I said above, neither road is desirable and there isn't an easy answer. But I don't think that you can just say we should accept Ms. Horvath's word uncritically either, at least not when we have nothing to back up her claims.


Yeah, that's fair. I'm not sure GitHub's verifiable claims are worth anything though.

I think there are some good reasons to assume Julie's credibility. Like other whistleblowers, the consequences for speaking up are extreme. Not a lot of people I know would open themselves up to the kind of harassment and character assassination that Julie has for no reason.

While it's good that she hasn't turned out to be "unemployable," as many people insisted, the reality is that she has made her life a lot more difficult by speaking out than she would have if she kept quiet. What would she have gained by lying? I'm open to suggestions, but I feel like most of the things people are saying comes down to "disgruntled employee wants revenge" which I find really unconvincing considering the attacks on her character.

If someone doesn't believe that there is pervasive sexism in ANY male dominated industry, I don't know what I can say to convince them. But the truth is that if any HR person (and that's really what this independent investigator is, an HR contractor) asked people if they experienced sexism at work at any of my jobs, people would've been reluctant to be the one to call it out even though it is pervasive.

You're right though, I don't pretend to know objectively what happened. I just think there are a lot of good reasons not to weigh the words of a whistleblower equally with the company trying to protect itself and its investors.


> Not a lot of people I know would open themselves up to the kind of harassment and character assassination that Julie has for no reason. [...] What would she have gained by lying?

Some people really like attention. I've known people who'll lie about things like that just for the sake of being in the public eye.

Alternately, she might have not expected the harassment, and thought of it as extra fodder for getting GitHub to compensate her for the stuff that their investigation says definitely happened.

To be clear: I'm not saying either of these is the case for Horvath. Just that the hypothetical "she was knowingly lying" case could be explained by these motivations.


> Some people really like attention.

Really? Like what? Can you give an example relevant to this discussion?

> Alternately, she might have not expected the harassment

Lol, I don't think it's possible to be a woman on the internet as much as she is and think something like that. This statement is ignorant of the reality of literally every woman on the internet who criticizes a predominantly male community.

> To be clear: I'm not saying either of these is the case for Horvath. Just that the hypothetical "she was knowingly lying"

Sure, I just think those hypothetical explanations are weak considering the arguments I put forward. I think Julie would have to be really dense not to know that coming forward the way she did would have consequences.


>Really? Like what? Can you give an example relevant to this discussion?

Sure... here's a recent news story that springs to mind, from back in December: http://abcnews.go.com/US/waitress-anti-gay-tipping-scandal-l...

That's someone who made up an attack, presumably for the purpose of gaining sympathy. I doubt they intended it to go national like it did, but...


A company founder doing damage control isn't even close to equivalent to a badly treated employee speaking up about being treated badly. The respective motivations are completely different.


I was reading this intently to find an answer to the central question that was alleged and provable beyond reproach. Did another developer "...rip out code" from the git repo due to personal issues?

Almost every thing else could devolve to he-said-she-said (or she-said-she-said in this case). However code commits (and subsequent reverts) are extensively tracked.

Assuming they can roughly pinpoint the time window involved I genuinely wonder how they conclusively proved that it did not happen.

If it were true, then that engineer should have been immediately terminated FOR CAUSE and sued in court. Also given the fact that he is still employed (and presumable just recently promoted) would have made GitHub look much worse. Regardless, it looks like that allegation was unsubstantiated,


It says in the post.

> The commit history, push log, and all issues and pull requests involving Julie and the accused engineer were reviewed. The investigation considered all possible commits surrounding the accusation of passive-aggressive code removal. One instance was found where the engineer updated and broke some CSS in an internal application, which was fixed in a later commit. The investigator determined this change did not appear malicious.

Sounds like they reviewed all commits by the accused person, and found nothing that fit the accusation.


Well, for all the mistakes they've made, I'll give Github credit for one thing, at least: they're listening.


An agreement that a spouse shouldn't work in the office. Gosh, this is even worse then the original complaint. In California you can't have such agreements, this is marital status discrimination. I don't know what kind of job Teresa was doing, but even thought she wasn't on a payroll, being a volunteer or an informal adviser is perfectly acceptable. If anything might be wrong here, this would be mixing up corporations or such. But employees are in the company to do their job, not to control borders, and "this person is not supposed to be here" sounds territorial and toxic. You're busy, not open for certain interactions, tell about it. I suspect it wasn't Julie who got harassed, especially combined with spreading gossip. And I find it incredibly sexist consistently referring to a professional woman as a "wife". Compare to: "I insist that this engineer/marketer/director shouldn't be on the floor".


No, you misinterpret. "Your wife, who is not employed by the company, cannot keep coming to our headquarters and using it / setting up a de facto office, let alone harassing employees to do pro bono work for her startup." Not "your spouse cannot be employed here".


Regardless of what actually may have occurred at Github between Horvath and any other Github employees, in court the case would be dismissed on lack of evidence.

Her response on Twitter, on the other hand, will stand for all time as a testament to her character and I'm afraid it won't do her any favours as she comes across as having a strong sense of entitlement.

I don't think people should be expected to accept mistreatment. But it swings both ways - they shouldn't be allowed to believe that their point of view is any better or more right than anyone else's and the things she said smack of someone who is angry they didn't get what they wanted.

There were hurt feelings at Github. I can appreciate that. In the public eye, though, you have to handle it with dignity - you have to be beyond reproach. And I think the things she said on her Twitter feed have done a remarkable job of painting her in the worst light possible and put her credibility beyond repair.


I'm still sceptical. I'm not a woman but it sounds reasonable to think that woman have a hard time talking truthfully about how bad they are really treated. It is less likely for a woman to convince the public that something bad was really bad and even from day one of coming out the woman receives more hate than the man.

I also heard that statistics say, there are more false negatives (= woman said bad things happened but investigation says it's untrue) than false positives (=woman successfully lied about things happened).

All that decreases my trust in such a clear "false positive" investigation result, although I admire GitHub for publicly working on that issue. I hope that beside saying that they didn't do much wrong, that they increase whatever they are doing to keep the workplace safe and healthy for the female employees.


If every company were run with as much thoughtfulness, talent, and passion as Chris Wanstrath has, our industry would be a lot better for everyone - women included.


>Even so, we work in a world where inequality exists by default and we have to overcome that. Bullying, intimidation, and harassment, whether illegal or not, are absolutely unacceptable at GitHub and should not be tolerated anywhere. GitHub is committed to building a safe environment for female employees and all women in our community... I'm sorry to everyone we let down, including Julie. I realize this post doesn't fix or undo anything that happened. We're doing everything in our power to prevent it from happening again.

Why the apology on Github's part after it was concluded that there was no gender-based harassment towards the engineer in question? Is this apology pertaining to the other issues?


I think this is saying that even though GitHub is not guilty in this case, sexism is a real issue in the industry.


Most all the sexism issues in the industry start in elementary school and persist until anyone, male or female, enters the work force. Teachers and parents (male or female) all participate in fostering and perpetuation the issues encountered in industry.

To claim its an "industry thing" is naïve. Open-source isn't an industry and almost every single open-source community begins and matures absent any industry involvement at all. By the time business opportunities arise in a community, the culture is already mature and well-formed.

NodeJS for example is a viable part of the tech industry now, but 4-5 years ago it was a bunch of hobbyists. There was no industry to speak of. I imagine that most of the members of that community back then were men, just as it is today. This suggests that the entire NodeJS like almost every other tech community has formed its identity well before every being an "industry".

Want to solve this issue? Find out how to make sure future new tech communities are more egalitarian and inclusive from day one. Trying to bolt that on afterwards may mitigate the harms, but it certainly isn't going to fix them. Path dependency has presents problems, but you can't just ignore the role of path dependency in getting us to where we are now.


This is a great point. Open source communities are ones in which you are very unlikely to see any sexism, as most people in these communities neither see each other, nor have a very clear way of identifying gender, and generally hold egalitarian political beliefs to boot.

So its clear that the idea of gender roles starts much earlier. Now whether you think that gender roles are a bad thing, or you think they are a reasonable evolutionary strategy that has contributed to our success (we are certainly not the only mammals who adopt gender roles), that's a separate question.

There are also certain biological reasons that may lead to more men being attracted to these fields - Robert and Chevrier found boys performed significantly better in spatial tasks than girls, but girls performed better at language tasks. So maybe as programming moves from lower-level languages (more spatially oriented) to higher level languages, we'll see more women get into the field.

I personally have worked with some excellent women in the tech world, and think the presence of at least some women on the team changes the dynamic for the better, but if we want to do it correctly, we cannot pretend that biology doesn't play a role. We'll have to make the strengths of the different genders work together.


They apologized for letting everybody down. It's hard to address the myriad of grievances that folks have come up with about this issue in a reasonably-sized letter especially when GitHub probably feels like it didn't do anything wrong on some fronts.


I read this as an apology for not having the preventative processes or environment in place. Despite no legal wrong doing, they still failed miserably when faced with this situation. To their credit, they know this and are working to fix it.


it's interesting how public opinion is always right (even thus it generally has none of the facts), and public opinion is also always looking to accuse 'guilty until proven innocent' corps - if possible, the ones that have been actually nice and caring to the said public.

Be it GitHub, Mozilla, what not - the last weeks have been particularly sad.


Indeed... now more than ever it seems that computer technology is under assault by different fractions furthering their own political ideals... My bet is it was ultimately caused by money - as there is more and more money to be made in/with tech, more and more people who cannot compete with ideas start competing with politics coughmanagerscough :) Why can't we just work together, and view other people through the lens of how exceptional their work is?! Ironically, GitHub's Meritocracy Rug was one of the first victims.


This would go down so much better if the conclusions were released by the investigator, in her own words...


I would be really surprised if that entire blog post wasn't reviewed and re-reviewed by the investigator (and their new head of HR) several times over.


Can anyone share context here? This post mentions a post from last week, which itself references something from last month. What allegations were made, by whom, and where?


You can find Github's last statement on the matter here [0]. As to the allegations they were made by Julie Ann Horvath [1] and you can find them in the following articles:

Julie Ann Horvath Describes Sexism And Intimidation Behind Her GitHub Exit [2] HN [4]

GitHub Engineer Quits After Alleging Gender Harassment [3]

[0] https://github.com/blog/1823-results-of-the-github-investiga...

[1] https://twitter.com/nrrrdcore

[2] http://techcrunch.com/2014/03/15/julie-ann-horvath-describes...

[3] http://valleywag.gawker.com/github-engineer-quits-after-alle...

[4] https://news.ycombinator.com/item?id=7408055


> Our rapid growth left the leadership team, myself included, woefully unprepared to properly handle these types of situations.

Can we now stop touting immature companies and bad employership as the future corporate organization? Please?

When you put people together in an organization, shit happens. There has to be absolutely no malice involved for things like this to happen. Shit just happens. People fuck up, and sometimes their fuck ups hurt other people. I did it, you did it, we all did.

But not creating a decent company structure to deal with that reality and instead make your company an experiment in social Darwinism under the guise of "meritocracy" and "no managers" is utterly irresponsible. It's begging for shit to escalate and people to take advantage.

If you have over an x-number of people in your company, you need people to manage that, which has fuck all to do with hierarchy.

So Github "recently we hired an experienced head of HR". Over 200 employees, over $100 million in funding, and now they finally fucking bother to hire someone to look out for them.

I'm not so much pissed off at Github as I am at the entire tech community that have been cheer-leading running a company so badly.

"People are their own managers" works fine when it's just about work. But it isn't. It never is, because they are people. With all the dumb, stupid and sometimes ugly stuff they do besides just work.

Employees are not lab rats.

P.s.

And don't use "rapid growth" as an excuse. It was an ideology. Github's leadership didn't believe they needed to be prepared, that somehow these things would magically not happen in their happy start-up commune.


If only there were another woman to whom very similar events had happened at GitHub...someone well-respected, like, I dunno, the very first hire they ever made...if only she had an incredibly similar story to tell that ended with her leaving and then winning a settlement from the company for the abuse she suffered...OH WAIT

"We've confirmed with a GitHub employee that "the wife" is in fact Theresa Preston-Werner, making her husband complicit in covering up (or at least condoning) repeated allegations of harassment and abuse at the company he helped create. We're told this is certainly not the first time the Preston-Werners have treated a female employee this way: Melissa Severini, the company's very first hire, was allegedly paid to sign a non-disparagement agreement after being victimized by Theresa Preston-Werners and subsequently terminated. Other employees have been pressured to do pro bono work for Theresa Preston-Werner's own startup, Omakase." (From ValleyWag, March 17th)

According to Severini's Twitter feed (as of early April), the "investigator" never contacted her.


Is anyone disputing the activities of the Preston-Werners at this point?

This report clearly states there were issues with the Preston-Werners, and he's been made to leave the company.


Teresa Preston-Werner posted something on her blog that disputes (or at least adds more info) : https://medium.com/p/d96f431f4e8e

It's a bit of a she-said, she-said situation, except that it seems to have happened before with the Preston-Werners and Melissa Severini.


That's not a post by Theresa, that's an anonymous post. Hard to say how much credit to give it as it could have been written by anyone inside or outside of Github.


[flagged]


I know you're not supposed to feed the trolls, but I can't stop myself ... as the father of a mentally handicapped son, I'm offended by your use of the 'tard suffix. As the father of two daughters, I'm also offended by your characterization of feminism (and feminists) as radical activists. These do exist (even some that lie as your example implies) but don't impune those that believe in gender equality with such a horrendous label. If you can't resist, at least be man enough to post using a real account.


When I think of feminists, I think of such leading lights of the movement as Adria Richards and Shanely:

https://twitter.com/shanley/status/460472595968569345

Feminists are radical activists, feminism is not about equality, and although everybody deserves respect and consideration as an individual, men and women are not equal and no amount of belief will change that scientific fact.


I can't tell if "leading lights" is meant earnestly here, but I personally choose to believe she's anything but:

"Lol men are all like WHY DO WOMEN NEED SPECIAL PLACES TO HACK. well, maybe it's because men are RAPISTS."

https://twitter.com/shanley/status/451779905475186690


I dont understand why you're being downvoted for quoting from the chick's twitter where she accuses all men of one of the most heinous crimes one can commit. She doesnt sound like a champion of gender equality to me, based on this absurd tweet.

maybe it's satire. i'll try to give her the benefit of the doubt.


I hear "separate but equal" was all the rage back in the 50's and 60's... I wonder how that turned out.


>feminism is not about equality

You could not be more incorrect.

Equality is the very core of feminism. It is, in fact, the dictionary definition of it:

>1. : the theory of the political, economic, and social equality of the sexes

http://www.merriam-webster.com/dictionary/feminism

>men and women are not equal and no amount of belief will change that scientific fact.

Equality used in the context of gender studies generally means "equal and fair treatment". I know people like to split hairs with their definitions for the sake of argument, so maybe you can elaborate on why you think that women are not equal to men and never will be, what the science says on that, and how any of that applies to not treating both men and women fairly (read: equally).


Feminism was originally about equality (e.g. suffragettes for voting law, domestic violence law) but it has exceeded its mandate long ago and become primarily a tool to secure legal advantages for women.

A true "humanism" or "equalism" would seem to keep things fair for both men and women.


>Feminism was originally about equality (e.g. suffragettes for voting law, domestic violence law) but it has exceeded its mandate long ago and become primarily a tool to secure legal advantages for women.

Again, that is not what feminism is or means. That's more of a re-definition of the word to support a personal assertion.

>A true "humanism" or "equalism" would seem to keep things fair for both men and women.

You're absolutely right here. This is why you see fewer and fewer colleges offering classes in 'feminism' anymore. Of course, the classes are still being offered and the content is the same, but the programs are now called 'Gender Studies' increasingly, to reflect the very notion you are describing.

A close friend of mine is a got her PhD from Rutgers and has taught gender studies at a variety of universities over the decades. Looking at the entire body of feminist philosophy and output over the years, a central truth that her work and the work of many of her peers seems to reveal in talking with them over the years is that when you abstract their philosophy to its very core, all that you are left with is equality. And it goes beyond equality for both men and women as you say, but for all genders and eccentricities as well. If I had a dollar for each time I've heard a feminist talk about how there was not much difference between their discipline and say, African American studies, or Native American studies I'd be rich, because at the core of each of these disciplines is a quest for tolerance and equity.

But wrapped around this core is the study of the history of the treatment of these classes over time. There are attempts to measure the degree to which equality was present. And based off of that, there is activism to achieve equality where common sense and/or measured study revealed it to be lacking.

It is this last part, the action or activism that gives people the most problems I think. The setting out to 'set things right'. It is here that tempers flare, lines are crossed, and toes get stepped on. Here is where people disagree where the lines should be, and here is where some people make the claim that feminism has gone too far and isn't about equality but actually about grabbing special treatment and privilege. They've achieved equality in their past efforts and now they want more than that.

I get why people feel that way. The activism is the hardest because society doesn't agree on what victory through equality looks like. You see it with women's rights, minority rights, and religious rights every single day in my country.

But any feminist who deserves the name will tell you that it's a big umbrella, and activism is only one part of it, and it is really the result of the study of gender and it affects people's place in our society. Make no mistake, -feminism IS about equality, both by definition of the word and in practice in the field of study when you look at it as a whole. Don't get too hung up on its application by some actors under a large umbrella. Most feminists I know would be right on board with your definition of humanism and equalism, again, it's the very reason the names of the programs have been changing over time.


Oh look, you are another one of those ignorant people who treats feminism as a whole because it suits them. I know a fair few people who fight for "equality" and condemned of Adria Richards being a colossal jerk.


Food for thought - this article is discussing JAH and GitHub. Over the last few weeks, JAH has repeatedly quoted this person. Maybe that has some relevance.


This is admirable. I wish you and your family the best.

Take a break, simmer down, and ignore the cunt that wound you up. They are just someone behind an internet connection, and they will have no effect on your life or the success of your children's lives. Unless, of course, you let them.

It takes a stronger person to rise above the rest and lead by example.

I'm not sure why I felt the need to tell you that, because I'm sure you knew already. You probably give your children the same advice. Anyway, I hope you're alright.


My guess is the downvotes are largely based on your use of the word "cunt". (HN won't let me reply to your question about the downvotes, so I'm replying here.)


Why on Earth am I being downvoted?


I'm guessing that in a thread about being supportive to your female coworkers, your use of the word "cunt" was not appreciated.


It's worth nothing that the connotation of that word is very different in the UK than it is in the US. So for UK people you should realize that it is completely beyond the pale in polite US conversation and for US people you should not assume someone from the UK using it meant it the same way someone from the US would.

I don't know about the other Anglophone countries, and of course I have no idea where coherentpony is from.


I am from the UK and the C word is not allowed in a professional setting. Scottish people sometimes use it as a term of endearment, but still, never when at work. Women in the UK rightly hate it as a figure of speech. I hope coherentpony gets the message clear, it's not an appropriate thing to say here.


I am from the UK too and, indeed, "the c word" isn't used in a professional setting. Luckily, HN isn't a professional setting. The word is reserved for friends and vermin. You can probably guess which of these I classify our troll as.

Well, I didn't mean to cause offence to anyone it wasn't directed to, irrespective of gender.


Some things to think about:

1) Idiomatic speech is difficult to deviate from. So to be careful, you have to be constantly on guard for how you might be perceived. ("He" as the generic pronoun is also in this category.)

2) HN has a wide audience, including people from the US, UK, and many countries that don't speak English primarily. So understanding how others might perceive you is more important here than among a group of close friends.


I didn't down-vote you but I would agree that here in the US, the "C-word" is more offensive than the "F-word".

And as for my well-being, I certainly wouldn't call that a rant (I can rant much more effectively than that). I simply believe it's a good idea to let people know how you feel and then move on ... No increase in heart-rate was required to write that paragraph.

My wife and family are indeed happy and blessed. And my son is sitting here in the dining room with me as I type (playing angry birds on his tablet).


I'd be very interested in hearing new facts about the circumstances of Melissa Severini.

The only problem is that the only source we have on this is Valleywag, a publication whose integrity is roughly on the same level as the stuff you stock lavatories with.


Isn't 'ValleyWag' actually located on the other side of the US?


If only there were some sort of communications network that might make it possible for people on one side of the country to converse with those on the opposite...


The best gossip happens offline.


Wait, what is the "incredibly similar story"? Is that public? I thought she signed a non-disparagement agreement and we don't know the actual circumstances.


Just a question partially unrelated: Since when it is legal to make a non-disparagement agreement? It is like a wtf limitation of freedom to speech and tell the truth

Never ever heard of something like this in EU and I can find only articles related to US. Anyone can instruct me?


Imagine you want to settle a dispute with someone, and agree that you won't pursue it further in court. Generally, that's a very wise thing to do, when possible. Preparing for and doing a trial is extremely expensive and disruptive. Rarely is your own case as strong as you feel emotionally, and you truly have no flipping idea if you'll win. Even if you do win, it can be appealed. When all the appeals are done, even if you still won, can you even collect all the money? And what about the years of your life gone by?

OK great. So, you're able to settle on terms both parties find awful -- but better than the alternative. Whew. But a month after you do, your opponent might go out there trash-talking. Then you do, in response. And your whole settlement has unraveled.

As a result, it is entirely normal and appropriate for two parties who aren't stupid, to agree to remain silent.

If the settlement has one party paying the other (as is often the case), you can imagine that they will pay somewhat more for a final settlement -- one that doesn't unravel -- because that's worth more.

It's nothing to do with gags or free speech. It's just the kind of painful common sense you acquire from having gone through any sort of legal dispute -- or if you haven't, that hopefully your attorney has, and hopefully you are listening to her advice that you're paying for.


In general there is no legal or moral barrier to being paid for your silence, as long as you are not covering up an actual crime by doing so.

Keep in mind that this isn't an employment contract clause, it is a cash bribe to stay quiet. Your freedom is not impaired: you have the choice between saying whatever you like or taking the money.


No judgement on GH but isn't a cash bribe to cover up harassment exactly that - covering up a crime? California doesn't have state laws against harassment?


With the massive prevalence of twitter, facebook, tumblr and other social platforms where people not just speak about work but are actually hired in this day because of their crowd appeal, I think these agreements are a lot less about covering up crimes.

Far more torrid things have happened at the biggest companies in the world. Stuff like outright sexual favors for advancement. Just bad stuff, the big difference seems to be active HR, active corporate attorneys and the general ban on talking about what goes on at work in your social media. It doesn't take many 6 figure settlements to "fix the culture" at a place, and if fixing it means removing a highup officer, that happens too (http://www.bizjournals.com/washington/news/2012/11/13/lockhe...)

Honestly, I'd think more start-ups would start to develop more serious twitter and social media policies. I don't know of one that didn't have some disgruntled former employees, just due to the demands and the personal nature of start-ups.


There are civil and criminal statutes, yes. Presumably nothing criminal occurred or the contract is unenforceable.


If a crime in fact occurred, a contract to cover it up is not valid.


I'm pretty sure those are civil laws and involve financial penalties [fine], not jail time.

A crime is a misdemeanor/felony/etc, not a fine.

I'm not a lawyer tho so I could be wrong.


>>>It is like a wtf limitation of freedom to speech

"Congress shall make no law abridging the freedom of speech" doesn't mean that you can't pay me to be quiet, if you and I both agree to it.


It's been legal since two individuals were allowed to enter a contract with one another. Furthermore it doesn't become illegal for someone to make disparaging comments or even breach an NDA. You don't go to jail for that. There are however consequences to those statements which were mutually agreed upon in a signed contract.


Why would it be illegal? You are not obligated to accept it. It is quite often a condition on out of court settlements and I can confirm that it is very much a thing in the UK.


She was allegedly paid to sign the agreement. Gag orders can be a normal part of out-of-court settlements - the person allegedly harmed receives financial compensation, and the entity that allegedly did the harming brings the issue to a close.


Certainly seem to exist in the UK, e.g.

http://www.hrlaw.co.uk/site/infobank/infobankarticle/silence... http://www.publications.parliament.uk/pa/cm201314/cmselect/c...

Although they're more likely to be colloquially called "gagging orders".


Non-disclosures are common in the EU and will usually include non-disparagement clauses. If you break it, you have to pay back the money, that's all.


"...after being victimized by Theresa Preston-Werners and subsequently terminated."

Pretty vague, are there any details on WTF happened? Also, if IS valleywag...


[deleted]


You're confusing Julie's Twitter feed for Melissa's.

EDIT: See? https://mobile.twitter.com/luckiestmonkey/tweets



Who is the Julie Esson that also replied back claiming they were not contacted either? A naïve search doesn't show her being involved with github in any way.

http://au.linkedin.com/pub/julie-esson/46/644/b89


>> I [was] not contacted during my investigation either.

ie, not necessarily related to the exact situation at github, but referring to a situation at another company.


Citation needed



This is great and all, but it's something that happened in the past and was settled, so I'm not sure how relevant it was in this case in particular. I think you're blurring a past mistake (this should have raised flags from the beginning) with the current events.


"This happened before" isn't relevant?


I guess I'm digging myself in a hole here since apparently my opinion isn't very popular. But I just wanted to explain why I said what I did, based on a moment of reflection:

- Founder allegations: sounds like they already came to the conclusion that TPW wasn't acting appropriately, so I'm not sure what the fact that it happened before adds to that.

- Engineer allegations: this is about people other than TPW.

- Github's working environment: Maybe Severini could have added some dishing on TPW, in particular (but not necessarily the company). But given the non-disparagement agreement and the fact that her feelings are apparently general knowledge, was another interview with her really necessary?

As @waterlesscloud says above, I'm wondering, "Is anyone disputing the activities of the Preston-Werners at this point?" The fact that it's happened before is relevant if you want to dish more on TPW's character or the fact that GH made a mistake, both of which have already been done. Adding more at this point is almost sensationalist.


Up until know, when evaluating GitHub's reaction, we assumed the other co-founders wouldn't have known about this.

If they had a similar thing happen a while ago where someone was let go, in a company that prides itself for employee retention no less, that changes our evaluation.

It just means they condoned Tom's behaviour knowing first hand that it was problematic and had been for a long time; essentially lending credence to Julie-Ann's statement that the culture was toxic.

Based on the response I'd say that there's a good chance the toxicity might have largely stemmed from the management team not wanting to oust a co-founder, so there's a good chance it's ""fixed"" now, but that still doesn't excuse their lack of inaction until now.


> Up until know, when evaluating GitHub's reaction, we assumed the other co-founders wouldn't have known about this.

I'm not sure how they wouldn't have known about the settlement with Severind, if that's what you're talking about.

For the rest of your post, yes, I agree, it means they made a big mistake (even bigger? Probably.) And that mistake probably did contribute to a bad* environment, as tons of people have already mentioned with the PWs and pressure about the wife's work. My point is that these shortcomings have already been documented and admitted. What did the fact that it's happened before add to that?

* Note: Be very careful, though, about accepting adjectives such as "toxic" at face value: she can say whatever she wants without damaging herself in this case, but people have a funny tendency to use strong words to describe things that, objectively, just aren't that big of a deal. For example, my school's newspaper had a reporter complaining about being "violently rejected" because someone didn't respond to a text. No joke.

Call my well poisoned by that experience, but based on her Twitter posts (some guy deleting her code for not f*ing her, for which there is no proof), I don't know how reliable her description is.


>- Founder allegations: sounds like they already came to the conclusion that TPW wasn't acting appropriately, so I'm not sure what the fact that it happened before adds to that.

This implies that this is an endemic behavior from tis person, and it would seem that she is an organizational cancer.

This would appear to me to be a super red-flag on her involvement in any company; ESPECIALLY given the fact that she appears to be branding herself as some sort of women-in-business-thought-leader....

From my outside, very ignorant view-point, she seems to be working exactly against what she claims to be leading in; she is an exceedingly poor example of how female business leaders should operate.

My personal opinion would be that she felt like she had some status/power and it just turned her into a horrible person where she thought that said power/status meant she could actt however she liked.


Does this report say that the investigator talked to Julie, or atleast tried to talk to Julie?

That was one of Julie's original complaints about the original post.

If I'm investigating a complaint by someone, it seems reasonable that the person making the complaint would be the main person to talk to. Otherwise its impossible to say you did a thorough investigation.


Rhoma identified the employees she wanted to talk to based on an initial list we provided, the evidence she gathered, employees who asked to speak with her, people Julie asked her to speak with, and anyone else she determined was relevant, including Julie herself

You have to read the article if you are going to comment on it.


Ummm, that just says that Julie was put on an initial list. It does not say in any clear way that the investigator contacted and interviewed Julie.

So to quote another hacker new user "You have to read the article if you are going to comment on it." :)


I'd think that "people Julie asked her to speak with" strongly implies some direct communication between them...


Much better.


"GitHub is committed to building a safe environment for female employees and all women in our community"

Why can't this be stated as: GitHub is committed to building a safe environment for ALL employees and all PEOPLE in our community.


Context. The issue at hand is regarding the mistreatment of women. Of course it makes sense to frame it that way.


I don't like the defense I'm seeing here of "Oh, we're not talking about outright sexists, just equal-opportunity jackasses. Therefore, the claims of a sexist environment don't hold".

I've worked with very few outright sexists/racists/whatever-ists in tech (and judging by this discussion, they definitely exist, they're loud, but the vast majority of us have a consensus as to what we think of them). But I've worked with a large number of people (and occasionally/regretfully have ventured into this group myself) who can be described as "equal opportunity jackasses".

The reality is this - the damage of being an "equal opportunity asshole" is felt more strongly by marginalized groups. When a white male is mistreated by $jackass, the thought process goes like: "$jackass is being a jackass to me.". When a member of $marginalized_group is mistreated by said jackass, the thought process is: "$jackass is being a jackass to me. Is it because I'm a member of $marginalized_group?" and every future interaction with that person is tinged with that thought process: "I'm still $marginalized_group... Is $jackass going to be a jackass to me?" The motivation of the jackass is irrelevant - they creates a space where the negativity falls more heavily on marginalized groups - that is, behavior that isn't overtly discriminatory creates a space that is.

Can we please try being nice to each other for a change? Not just because it creates a more inclusive environment, but because it creates one that's a whole lot healthier for all of us. We in tech idolize a whole lot of people who can probably be described as equal opportunity assholes (Jobs, Bezos, and Torvalds immediately jump to mind), but really - let's look at what our words and actions are doing to each other. I don't think there's a single one of us here who isn't guilty of this at some point - and I don't think any of us can promise never to be a jackass in the future. But let's not call it a mark of honor -- or behavior to be imitated. If you're being a jackass, don't justify it. Apologize for it. And try to do better in the future.


"Our rapid growth left the leadership team, myself included, woefully unprepared to properly handle these types of situations."

Sorry, but mature and responsible people would look out for bad attitudes and bad workplace relationships since before the company begins operation. The only people who are "unprepared" to deal with abusive behaviour are those insensitive and morally corrupt enough to tolerate bad people and bad habits until actual trouble begins.

It sounds like external social pressure is forcing GitHub management to grow up all of a sudden, confirming the existence of serious problems.


While some have already shown this sentiment. Can I just say that we should all give mad props to github for taking additional steps to provide this transparency. They could have just ended with their original post, taken the windfall, and let the controversy die down. It takes guts to put out a statement like that (both legally as well as an admission of wrong doing) and I think it shows that Chris Wanstrath is the right person to take lead of the company. Removing a person (or couple) who abuses their power like Tom Preston-Werner is probably for the best.


TBH if on one side I appreciated Github transparency I feel this story made the company very vulnerable to a point (of no return?) that I think will be hard to recover.

Also, I wish false allegations in this world will be treated in the very same way if were true: so instead of "We apology with Julie ..." I prefer "Julie said in public false allegations, we'll made a lawsuit against her"...

I mean Julie put tons of "bad" on top of a company without any proof (about sexism) and she exasperate (seeing the report) mostly everything.

Should this be allowed to do and be unpunished?



I'm not sure what more GitHub can do that isn't outlined in this post.

It would be good to hear from people with perspective what they think the next steps should be.


Woman-on-woman bullying is a big issue in the tech community. My closest friend at company I work at now is a female developer and she is constantly being bullied by the women on our design team. A lot of women who work in tech are threatened by female developers, especially when they are straight and attractive.

If you guys want to frame this issue in terms of gender that's what you should be talking about.


"Furthermore, there was no information found to support Julie’s allegation that the engineer maliciously deleted her code. The commit history, push log, and all issues and pull requests involving Julie and the accused engineer were reviewed"

isn't one of the whole things about git as a VCS the ability to re-write its history?


History rewrites must be force-pushed and force-pulled, which would have been very conspicuous to everyone who had a checkout of the repository in question.


Do we know (a) how many people would have updated their copy after her commit and before his revision and (b) how many of those people don't just automatically do a forced pull when necessary?


If I were one of the developers Horvath named, I'd be lawyering up right now, and considering a libel suit.


Based on the first two paragraphs of the "independent" investigator website, http://www.ryaa.com/ the "independent" investigator seems to be biased in favor of the company. It could be argued that github is using their CEO as a scapegoat in order to avoid having to confront a possibly sexist internal culture. I wish companies and individuals were not afraid to address their sexist cultures or thoughts. Living in post modern society, it's almost impossible not to have a sexist thought - it's what we do with these thoughts that matters. I look forward to seeing the new initiatives github will be launching, and hope the initiatives will bring about real change in company culture, and cause people to question their beliefs. Meanwhile, I'm trying to decide if I want to switch to a different company to host my code. Any ideas?


This basically boils down to one woman (Teresa Preston-Werner) bullying another woman (JAH). So can someone please explain to me why all of the feminists are turning this into a "women being victimized by men" thing?


This is not a case of sexism. This is good case of nepotism and extra-organizational power. There are more than one guilty party here.

It is not sexism if you are harassed by the person of your own gender.


Just out of curiosity, did anyone reduce or end a paid plan with GitHub over this controversy?


I did move to a self-hosted git server (http://git.devlinzed.com) for a number of reasons. This is one, but the server: costs less to run than the smallest paid GitHub account; supports unlimited private repositories at sizes up to 20GB; has never ever went down; is considerably faster (due to geography and SSD); and doesn't allow GitHub to harvest information about who (including myself) is using my code.

Realistically, whether you're offended by GitHub's sexism or data collection policies or not, it doesn't make any sense to use them strictly from a pragmatic cost-to-benefit perspective. They simply charge far too much for far too little.


I think one big redeeming factor for GitHub is the extensive and robust API. It's very easy to hack together a custom version controlled app or system using GitHub as the backend.


It's true that GitHub has a great API, but when you run your own server and have access to the running software and file system you get the best API for working on git repos there is: git. Or perhaps libgit2 and your favourite language's bindings.

Subjectively, I haven't found GitHub's API to be great to work with, but this is because they use OAuth and OAuth is just needlessly complicated and inconvenient.


I wonder if the fact that there are no ads on the GitHub site is part of the problem.


Actually, we just started a paid plan with them. We had been considering the move to GitHub, but wanted to see how this scenario played out before doing so. The issues Julie-Ann faced are important to me personally and to my company, and we couldn't support an organization that allowed such behavior to remain unchecked.

I was impressed by GitHub's response in this case. A founder being forced out* of the company s/he founded, especially one as white hot as GitHub, is not a decision made lightly. It signaled to me that the issue had been taken seriously, albeit too late. But I am comfortable supporting them going forward.

*That Mr. Preston-Warner was forced out is my own between-the-lines reading of his resignation once he lost support of the board.


Yes, I ended a paid plan and I'm in the process of moving completely to my own hosting for most of my personal projects. I wrote up a little blog post about it here: https://www.petekeen.net/self-hosted-git-server


I don't have a paid plan, because of the academic discount, but I've been seriously looking at alternatives, and what the impact of migrating would be.


I don't understand how so many people are claiming that #1 had nothing to do with sexism. The whole thing was about a founders wife harassing an employee because of suspected infidelity.

This is NOT something that would happen to man and had EVERYTHING to do with the fact that she's a woman.


This actually reenforces what I said in my unpopular comment. Only two women would have such an issue:

https://news.ycombinator.com/item?id=7668733


Best place to work?


Feels directionally correct.


It's amazing to see how many people here are commenting and voting on emotion.

The facts are:

1) We have an ex-employee who is very disgruntled.

2) Said employee has laid some serious allegations regarding genderism

3) No allegation is provable nor has been proven

4) Other female employees interviewed have countered the allegations

5) Independent audit found no proof whatsoever, yet commented that some things in the company could use improvement (as with all companies, especially large ones)

This is not a sexism issue here guys. It's a typical case of an upset ex-employee -- it happens all the time, just with much less media.

Other Github employees even said she was really not good at her work, difficult to work with, didn't except criticisms, etc.


Did you miss the part where the CEO resigned?

"The investigation found Tom Preston-Werner in his capacity as GitHub’s CEO acted inappropriately, including confrontational conduct, disregard of workplace complaints, insensitivity to the impact of his spouse's presence in the workplace, and failure to enforce an agreement that his spouse should not work in the office. There were also issues surrounding the solicitation of GitHub employees for non-GitHub business and the inappropriate handling of employee concerns regarding those solicitations."


Nobody is questioning TPW's behaviour, the question mark is over whether she was being discriminated against by the other engineers and founders. It's evident from the resignation, and this report that TPW was behaving inappropriately towards multiple employees, not just one female, which seems to imply that this wasn't a case of her being discriminated (in this instance, however we have no proof either way for the rest of the accusations)


I think the parent was just talking about the "serious allegations regarding genderism" part, as opposed to the crazy-founder stuff.


its an atypical case of upset ex-employee. most ex-employees are not harassed by the CEO and his wife.

also, most ex employees don't immediately attempt to summon a torch wielding mob by baiting with the "misogynist culture" card.


So the important part is that only a few are harassed and not most? Please.


Independent auditor hired by the company being audited, instead of hyping her record, they should have provided evidence of it. I'm not saying the auditor wasn't independent, just that I don't trust the claim coming from the company that paid for it and is presenting the view.


With respectable auditors, independence is what you're paying for. Auditors that are found out not to be independent quickly go up in smoke. Just ask anybody who worked at Arthur Andersen about the Enron scandal.


Arthur Anderson was founded in 1913, so they were around for quite some time before they "went up in smoke". Anderson started auditing in the early 90s, and apparently was ignoring serious red flags from the very beginning. I guess auditors can get away with biased/dependent behavior for a long time.


And yet up in smoke they went. Here today, gone tomorrow.


Yes, but they lasted for a nearly a century first. While corrupt auditors will fail _eventually_, it isn't realistic to expect auditors to all be honest because they bad behavior will kill them in the long run. They can do a lot of damage in the short term before they fall apart.

It'll be interesting to see how this situation shakes out for this auditor, but I suspect they'll keep ticking along just fine.


So then you're going to take at face value evidence provided by the party who hired the auditor? That sounds just as dubious as the claims of independence asserted by the hiring party itself!

It's entirely possible for one to look up an independent auditors credentials and history out-of-band. If you can't find anything to substantiate Github's claims of the auditor's record/independence, then call that out.


The auditor did their job. But only their job. Their job was to their client. They have no responsibility for example, to expose other illegal employment issues, or financial irregularities when they find them. Their job was not to the whole truth, but to the parts that they have been asked to investigate. They have to be discrete.


I saw this in the comments on the tech crunch story about JAH. It's priceless:

Please change the title of the article from: "Julie Ann Horvath Describes Sexism And Intimidation Behind Her GitHub Exit", to "Julie Ann Horvath Describes Harassment From The Founders Wife, The Founder, And Has A Problem With Hula Hoops (For Some Reason)"


I'm rather disappointed in GitHub allowing one of their founders and top executives to be run out of town over a wrongful controversy contrived by a disgruntled ex-employee with a bone to pick.


And what about this part?

"GitHub’s CEO acted inappropriately, including confrontational conduct, disregard of workplace complaints, insensitivity to the impact of his spouse's presence in the workplace, and failure to enforce an agreement that his spouse should not work in the office. There were also issues surrounding the solicitation of GitHub employees for non-GitHub business and the inappropriate handling of employee concerns regarding those solicitations."

If that described the CEO of my company I'd want him out too. And that's GitHub's own words.


It won't be the last time an ex-employee paints a target on GitHub. A better and stronger response was needed here.


Based on the results of the investigation, it seems the sexual harassment / gender-discrimination allegations are bogus. What we are left with is a female employee who was systematically mistreated by the CEO's wife, and a CEO who was unable or unwilling to put a stop to it.

So what can we learn from this apart from the obvious deficiencies of said CEO and said CEO's wife?

1. Nothing causes more trouble at a company than two women who don't get along. I'm sorry to say this, and I know it's politically incorrect, but women are catty and it's very difficult to get women to work together without all sorts of drama.

2. Women in tech frequently play the gender card when their jobs don't work out. Whatever the reason for their resignation or termination, they are highly likely to perceive that their gender was a major factor in the outcome.


Big kudos for doing this but I feel like they are ripping up a wound that was healing just fine.

I mean.

Most people already forgot this.

The people who want to make this a bigger issue than it is not going to be convinced.

I think most people didn't think they needed to explain more than they already had.


I think this is an example of Wanstrath kow-towing to a small, outspoken subset of GitHub's employees to avoid bad PR. This has happened before. At some point a group of GitHub employees were offended by a rug that said something to the effect of "United Meritocracy of GitHub." This rug strikes me as being not at all divisive - not even subtextually, not even under an extremely charitable reading of the argument. I'm very familiar with knee-jerk reactions of this kind - I went to an extremely politically liberal, East Coast university that reacted to every conceivable slight with a blizzard of sometimes phony outrage, the kind that makes even people who agree with them (such as myself) completely unsympathetic to their argument.

Interestingly, the "divisiveness" of this rug was apparently turned into an issue by none other than Julie Ann Horvath.

(http://www.businessinsider.com/githubs-ceo-ditches-meritocra...)

Now I absolutely think that Preston-Werner's wife and Preston-Werner himself acted extremely inappropriataly towards Horvath. But, since it appears that Horvath's other claims do not seem to have a basis, she has yet again taken a situation where she had a legitimate point to make and completely blew it out of proportion.

Wanstrath will learn eventually that he sometimes just has to say no more. There are more important goals for his organization to accomplish than to be accommodating to every single grievance.


>> Interestingly, the "divisiveness" of this rug was apparently turned into an issue by none other than Julie Ann Horvath.

I get that you're trying to take a cheap shot, but that wasn't the story as I remember reading it. There was bitterness about the "meritocracy" meme from a lot of people in tech who felt that it discounted their marginalized status. JAH ran into that response while trying to do outreach for the Passion Projects series, and relayed it back to the Github leadership, who responded respectfully.

There's a more complete retelling of that issue here: http://readwrite.com/2014/01/24/github-meritocracy-rug

>> Horvath and other women at GitHub began to feel as if they were “bearing the brunt” of the rug’s message as well as “being excluded from other communities as a result.”

>> One employee, Horvath says, thought she was rejected for membership in Double Union, a feminist hackerspace, because of the rug. Double Union did parody the rug on its crowdfunding page, but denied that it would reject a possible member because of the rug.


I'm not trying to take a cheap shot. The fact that meritocracies are 'messy' doesn't mean you get rid of the central message - which is that people are awarded commensurately with their talent and effort. That seems completely in line with the 'justice is fairness' version of liberal democracy - which is what I thought most progressives were fighting for.

And this idea that someone rejected the employee in question because of a rug sounds very implausible.


Negative reaction to “meritocracy” is hardly knee-jerk. In fact, the word was coined as criticism of the concept: http://www.theguardian.com/politics/2001/jun/29/comment


Then the rug is a declaration of values. The US has often failed to live up to its own founding values - should we shred the preamble and the declaration of independence? No - those two documents have shaped US history, mostly because we're more and more trying to live up to them.

It just seems awfully silly. The legitimate point here - that there should be more female engineers - seems a) not specific to GitHub and b) to be lost under a shroud of phony outrage over a rug.


Missing the point. Meritocracy is not something to aspire to. In practice it masks and reinforces power structures, increasing inequality:

> The main finding is consistent across the three studies: when an organization is explicitly presented as meritocratic, individuals in managerial positions favor a male employee over an equally qualified female employee by awarding him a larger monetary reward.

From: http://asq.sagepub.com/content/55/4/543.short

Which was recognized by Chris Wanstrath when they removed it:

> @defunkt: We thought ‘meritocracy’ was a neat way to think of open source but now see the problems with it. Words matter. We’re getting a new rug.

https://twitter.com/defunkt/status/426104782894284800


The problem wasn't the meritocracy it was the failing to live up to it. Meritocracy is absolutely something we should aspire to. In these examples the men who were paying other men more were simply not being meritocratic - if they were, then they would have hired/given raises to just as many equally qualified women as they did men.

That calling something a meritocracy when it isn't may have a paradoxical effect may be true. But I'm not sure it warrants getting rid of meritocracy as the guiding principle of an organization. We should just be doing a better job of being meritocratic.


Have you actually read the linked article by the man who invented the term? It's not about meritocracy done badly, it's about it being a destabilizing force when done well.


Yes, and I think that he's mistaken.

The meritocrats - the 'beneficiaries of nepotism' in the article - aren't actually where they are (wholly) because of merit. It's because they were born into a social structure where they were already beneficiaries of wealth and privilege, and were able to accrue various 'merit badges' because of this wealth and privilege. But this isn't actually meritocracy.

What I'm saying is that the system that the author claims to be meritocratic actually isn't - if it were, starting with our early childhood education system, it would be promoting people based on talent and aptitude and not keeping them down because they were born into the wrong class.

And this is what I'm saying actually constitutes meritocracy. Do I think we should be advancing people simply because they are poor? I do not. Similarly I do not think we should be advancing people simply because they are already rich. I think we should be giving those who have been historically denied these opportunities the same opportunities to advance as we do to everyone else, elevating them rather than diminishing others. That to me would represent an actual 'meritocracy', not the false version that the coiner of the term is criticizing.


You do realise the author coined the term 'meritocracy' in the first place and therefore gets to decide what it constitutes? I think you have the wrong end of the stick in any case as he contrasts it with class and nepotism and finds it an even worse form of government. I suspect his definition isn't far off yours or mine: "merit is equated with intelligence-plus-effort, its possessors are identified at an early age and selected for appropriate intensive education, and there is an obsession with quantification, test-scoring, and qualifications." That's precisely why his critique of the arrogance and complacency this elitism leads to is interesting and not so easily dismissed. He thinks that a system where "every selection of one is a rejection of many" is overall a net loss.


I did misread the nepotism part - but he is mistaken about the pitfalls of a meritocratic society. While I do agree with his idea that the values of standardized, mass education that functions like a sieve are too narrow - and that being branded a failure too early can leave one unemployed for life. But on the whole that is becoming rarer, not more common. We - as well as Britain - have a system of public and private education that lasts until an individual is aged 18 - 22 years. We at least to some degree invest in our youths and give them many chances to succeed. And yes, it is far from perfect - but it is also still far from a true meritocracy, which functioning perfectly would find and cultivate talents from all individuals and allocate them to a task suited for them, and would give every student similar opportunities to discover and cultivate their own talents.

I just don't see what a better alternative to this perfect meritocracy would be. I don't see any alternative proposed. I don't see a better way to allocate labor. You choose people for positions that are well suited to those positions. How else would we have it? How else would we build/accomplish/organize anything?

A selection of one is a rejection of many. Likewise, choosing to fulfill a single duty means choosing not to perform all other duties. Should we do nothing? Should we hire no one? In the end I think this critique of meritocracy collapses to Marxism or some form of communitarianism - a nice idea in principle, but a failure in practice. To even remotely be able to accomplish the same kind of technological and societal progress that a true meritocracy is capable of you need to make decisions about who is and who isn't suited to particular functions.

So this seems like less a criticism of meritocracy than a criticism of the economic inequality that necessarily emerges in a society where individuals are different from each other.

Also, I somewhat disagree with the idea that a coiner of a term gets to decide its meaning in perpetuity. Language changes and terms get repurposed and given new connotations


(My other reply is dead, apparently?)

The point is we can’t be truly meritocratic. It’s a utopic ideal that doesn’t hold up in the real world. Those who are deciding what merit is are the ones who already have power. Also, there are many barriers to entry before supposed meritocratic judging can even take place. The goal isn’t to completely abandon the idea of judging people based on their accomplishments, but to recognize that the supposed ideal of meritocracy is a harmful fantasy, and to think more critically and about how we evaluate people.

Selenda Deckelmann’s on meritocracy in the Postgres community:

“[…] in a truly meritocratic organization, privilege wouldn’t matter. But the truth is, not everyone can join the Postgres project. […] So, ending the pursuit of a mythical meritocracy doesn’t mean that we start accepting code which doesn’t meet high standards, or that all of the sudden we’re going to include more code from people in the bottom 1% of the world in terms of salary. It means that we take a look at different aspects of our project and see what is within our means to open up and make accessible to people who aren’t exactly like us.” — http://www.chesnok.com/daily/2011/03/30/where-meritocracy-fa...

Everything else here is very much worth reading: http://geekfeminism.wikia.com/wiki/Meritocracy


How do you know that there were as many qualified female candidates for the job? How do you know that the women that you think were underpaid were producing the same quality of work as the men in similar roles? You don't. You assume it because it fits your worldview.


I'm choosing to believe the study, the abstract of which says:

"The main finding is consistent across the three studies: when an organization is explicitly presented as meritocratic, individuals in managerial positions favor a male employee over an equally qualified female employee by awarding him a larger monetary reward."

The fact of the matter is I don't, which is more, not less, of a reason to be skeptical that the concept of meritocracy is bad because it causes a paradoxical outcome.


I appreciate your well thought out reply.

I honestly haven't read the study, but I'm skeptical about how its authors reached their conclusion. How are they determining that the male and female job candidates are equally qualified? Are statisticians experts on hiring software engineers or sys admins? Were they directly involved in the hiring process of a group of tech workers? Do they have access to said workers skill assessments?

I think anyone could pick a bunch of tech companies which describe themselves as meritocracies and determine that they hire men more frequently than they do women. I think you would find that to be the norm in any tech company, regardless of how they describe themselves. There are more men in tech. Duh.


"The problem with marxism is the failing to live up to it."

This is how you sound.


That's not actually an unreasonable line of thinking.


Sure it is. If a theory keeps failing in the real world, it's time to modify or discard the theory.


Either that, or modify the implementation

There's been a lot of failed Marxist societies, but some implementations, the Kibbutz for example, has been relatively successful. One could also argue that HN and startup culture is an example of workers seizing the means of production.


If JAH didn't believe that Github is a meritocracy than she should have quit.


I was at a conference this weekend, and let me assure you that most people have not forgotten.


Most people? What kind of evidence do you have for that? Do you mean 'most people in the world' or 'most people who cared at the start' or 'most people I am friends with' or 'most people that I think are reasonable enough to care about anyway'?


Does it matter?

If enough people really care Github is not going to be able to hire people and they are going to loose customers.

Do you have any evidence of the opposite? Why so pedantic?


I don't have any evidence, that's why I haven't made any claims. I am pedantic because I see no value to broad, baseless speculation posing as facts, and I think calling such statements out is likely to discourage their presence.


I clearly stated it as a personal opinion (I think) not a fact so I still don't understand what your grief is.

All I can say is that most people I talk with are no longer talking about it and are still using Github, still likes the company so I don't think my view is that far off, but of course it's a personal opinion.

If you don't believe that is the case you are free to disagree but I hardly see any reason for the pedantic voice or the downvotes (not saying that's you).


Definitely firing was the right thing to do here. I mean, it's unacceptable, a CEO acting like an asshole, that's totally unheard of. There's no room for reproval or a 'three strikes' policy here, companies should immediately fire their founders for the pleasure of the audience. It shows character, morals and strength of leadership, which inevitably lead to robust success.


When you've dug yourself into a hole you should stop digging.


Could you elaborate on how this is making the situation worse rather than better?


Continued attention in the media, I'm guessing. While this issue seems to have died down mostly (still going on Twitter a bit), it's important to patch this up properly so it doesn't affect recruiting talent.


And god forbid let's just avoid doing the right thing because the fervor is dying down.

Good on GitHub for updating.




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