OFCCP vs. Oracle

Three days before Barack Obama left office, his Department of Labor served a complaint against Oracle America, Inc., alleging gross systemic discrimination in both its hiring practices and its pay practices.

Specifically, it claims that Oracle discriminates against non-Asians in hiring for sixty-nine job titles, and discriminates against women, Asians, and African-Americans in pay for eighty job titles.


Is it strange that Oracle allegedly discriminates both in favor of and against Asians?

The OFCCP (the Office of Federal Contractor Compliance Programs) is the program at the center of this complaint; it is involved because Oracle is a government contractor. The only points supporting OFCCP’s claim are statistical analyses.

The complaint mentions exactly zero employee complaints, and it doesn’t even try to say that there is evidence that Oracle intended to discriminate.

It is difficult to determine and compare the myriad factors involved in assigning appropriate compensation, and the statistical analyses OFCCP conducted likely fall short. Economically speaking, any mutually agreeable level of compensation is appropriate, and in a free market, compensation will tend to be equitable.


However, when Oracle filed a countersuit on November 27, 2019, (yes, the case is still going on), its press release discussed none of those points. Instead, it focused on the unconstitutionality of the Department of Labor acting as “investigator, prosecutor, judge, jury, and appellate court.”

Of course, such arrangements are not limited to the Department of Labor; they have become unfortunately common throughout the Federal bureaucracies. This is despite the blatant violation of the Constitutional separation of powers, arguably the most basic fact of American civics. For most of us, as soon as we started learning about the US Government, we learned about the separation of powers, and how the Founding Fathers designed the system with the famous checks and balances that prevent tyranny.

How well has that tyranny prevention worked out so far?

Oracle argues that the situation is not only unconstitutional but also statutorily illegal. It remains to be seen how the suit and countersuit will turn out; typically, it takes extremely deep pockets to win such a fight against the feds. Oracle may yet come out on top, but so far, it appears that the checks and balances have failed to protect Oracle — a company that provides over 100,000 jobs and many billions of dollars of services to the economy each year.


The OFCCP has not made a compelling case for the existence of systemic discrimination within Oracle; its claims are prima facie incongruous and based exclusively on ambiguous data. Indeed, it appears that it has inserted itself into a situation in which no one has complained, no one has objected, no one has said that their compensation was not appropriate for their labor or that they objectively should have been hired when they were not.

But, what if there really were discrimination?

And, is there a better way to handle it than the intra-DoL system, or even the Constitutional system?

My interest is in how this situation would play out in a free market. Let’s consider it.

A free market, with total freedom of association, would probably have no claims of hiring discrimination, because no one would be compelled to hire or retain anyone against their will. Of course, a reputation for discrimination could easily lead to a loss of revenue, as a consumer base that opposes discrimination would likely choose to take their business elsewhere.

Furthermore, formal anti-discrimination regulations could be voluntary. Associations or organizations could prescribe standards for avoiding discrimination, as well as regular audits to ensure compliance, and consumers could choose to patronize only those companies that subscribe to sufficiently stringent standards and pass the audits.


What would happen with a discrimination claim in a free market?

Let’s say that Oracle is certified as discrimination-free by the standard-bearer anti-discrimination association. In this scenario, a prospective employee believes that Oracle has discriminated against him in the hiring process, or a current employee believes (despite mutual agreement) that Oracle has discriminated against him in his compensation.

He could discuss it directly with the appropriate people in Oracle, or he could take it to the anti-discrimination association that certifies Oracle as discrimination-free.

If his claim has merit, the association would need to ensure that Oracle settles the claim swiftly and fairly, or have its discrimination-free certification revoked. To do otherwise would risk the association’s reputation and tarnish the value of their certifications.


Of course, this is just one way it could play out. The best part about the free market — wait, is there a single best part? —  is that one person can’t conceive of all the remarkable ways that collaboration and competition can make the world a better place.

On the other hand, you may have noticed some similarities between how a discrimination claim would work in a free market, and how it works with a state-run system. Part of that is because the free market is impossible to get away from completely, and part of it is because my imagination is likely affected by the status quo. The main benefits of the free market vis-a-vis the state-run system are the lack of coercion (in both funding and association) and the opportunities for innovation.


In summary, it appears that the Constitutional system isn’t working (since we have unconstitutional bureaucratic judicial pipelines all over the place), and those pipelines don’t work too well either (since they use sketchy math to find problems where no one involved sees a problem). So, do you think a free market system would work better? How do you think it would function? How would you design it?

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You Are Not Alone

Nobody asked but …

I just read two case histories on coronavirus. In one, a young mother died, in another a young mother lived. Both people had to face their outcomes alone. But many others were affected.

I don’t know if there were clear choices that could have been made, nor whether either of these young women were free to make choices.

But there is no guarantee of good, even if you check every box.  One is an individual, and one’s circumstances roll out unpredictably.

 … never send to know for whom the bells tolls; it tolls for thee.

— John Donne

We are all susceptible.  This is not a commercial, however, for fatalism.  I believe that every course has a point, maybe points, where the individual could exercise an option.  The option may be more or less clear.  But no option has guaranteed alternatives.  The natural laws on unforeseen consequences still apply.

The important thing is to be as prepared as possible with rational information.  For instance, politicians rush in regardless of their ability to effect change.  One should keep a jaundiced eye toward their theatrics.  You still have to make the choices.

— Kilgore Forelle

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Do Intellectuals Make Life Any Better?

There’s a path my life could have taken – could still take – toward the life of an intellectual.

I’ve just about always been interested in one or more of the favorite intellectual subjects of philosophy, history, politics, theology, economics, psychology, and sociology (whatever that is). I’ve always liked to have big opinions on things. And I’ve always preferred toying with ideas to toying with numbers or machines.

But I’m beginning to think this is an aptitude worth resisting. It’s not obvious to me that intellectuals as such bring a whole lot of benefit to the world.

Obviously this will be controversial to say.

For the sake of this post, I’ll be using a Wikipedia-derived definition:

An intellectual is a person who engages in critical thinking and reading, research, and human self-reflection about society; they may propose solutions for its problems and gain authority as a public figure.”

Let me be clear that I think everyone ought to engage in critical thinking. It’s in the rest of the definition that the problems start to emerge.

Every intellectual is a person who not only has a pet theory about what’s wrong with the world – but who makes it their job to reflect/research on that problem and write about that problem.

When you think about these intellectuals, what do you think of?

My mind wanders to the endless number of think-pieces, essays, and books with takes what’s wrong with humans, what’s wrong with society, or what’s wrong with intellectuals (that’s right – I’m currently writing a think-piece. Shit.) The history of this produce of intellectualism is an a stream of lazy, simplified pontifications from individuals about things vast and complex, like “society,” “America,” “the working classes,” “the female psyche,” etc. in relation to something even more vast and complex: “human life.”

It’s not that thinking about these things are wrong: it’s that most of the ink spilled about them is probably wasteful. Why?

Because core to the definition of intellectualism defined above is its divorce from action. Intellectuals engage in “reading, research, and human self-reflection,” “propose solutions,” and “gain authority as public figures,” but none of these acts require them to get their hands dirty to test their hypotheses or solve their proposed problems.

The whole “ivory tower” criticism isn’t new, so I won’t belabor the point. But I will point out two consequences of intellectualism’s separation from practical reality.

First, intellectuals don’t often tend to be great people. Morally, I mean. Tolstoy left his wife in a lurch when he gave up his wealth. Marx knocked up one of his servants and then kicked her out of his house. Rousseau abandoned his children. Even Ayn Rand (whom I love) could be accused of being cultlike in her control of her intellectual circle. Those are just the notable ones – it’s fair to say that most of the mediocre “public intellectuals” we have aren’t exactly action heroes. While they may not be especially bad, they aren’t especially good on the whole.

There seems to be some link between a career which rewards abstract thought (without regard for action) and the mediocre or downright bad lifestyle choices of our most famous intellectuals.

The second major problem with intellectuals springs from the fact that nearly everything the intellectual does is intensely self-conscious. Whether it’s a philosopher reflecting on his inability to find love and theorizing about the universe accordingly or an American sociologist writing about the decline of American civilization, the intellectual is reflecting back upon what’s wrong with himself or his culture or his situation constantly, usually in a way that creates a strong sense of mental unease or even anguish.

Have you ever seen an intellectual coming from an obvious place of joy? The social commentators are almost always operating from malaise and malcontent, which almost always arise from a deep self-consciousness.

Of course it’s anyone’s right to start overthinking what’s the matter with the world, and to feel bad as a result. The real problem is that the intellectual insists on making it his job to convince everyone else to share in his self-conscious state of misery, too.

How many Americans would know, believe, or care that “America” or “Western Civilization” was declining if some intellectual hadn’t said so? How many working class people, or women, or men would believe they are “oppressed”? How many humans would be staying up at night asking themselves whether reality is real? Both are utterly foreign to the daily experience of real, commonsense human life. And while the intellectual may draw on real examples in his theories, he’s usually not content to allow for the exceptions and exemptions which are inevitable in a complex world: his intellectual theory trumps experience. The people must *believe* they are oppressed, or unfulfilled, or unenlightened, or ignorant of the “true forms” of this, that, or the other.

I’m wary of big intellectual theories for this reason, and increasingly partial to the view that wisdom comes less from thinking in a dark corner and more from living in the sunshine and the dirt. The real measure of many of these theories is how quickly they are forgotten or dismantled when brought out into daily life.

People who use their intellects to act? The best in the world. But intellectuals who traffic solely in ideas-about-what’s-wrong for their careers? More often than not, they are more miserable and not-very-admirable entertainers than they are net benefactors to the world.

The ability to think philosophically is important. But that skill must be used in the arena. Produce art. Produce inventions. Be kind. Action is the redemption of intellectualism.


*By “intellectuals,” I don’t mean scientists. On the humanities side, I don’t even mean artists. The problem isn’t artists: it’s art critics. It’s not scientists: it’s people who write about the “state of science.”

There are exceptions to the bad shows among intellectuals, but usually these are the intellectuals who are busy fighting the bad, ideas of other intellectuals: people like Ludwig von Mises fighting the ideas of classical socialism, or . The best ideas to come from people like this are ideas which don’t require people to believe in them.*

And don’t get me wrong: this is as much a mea culpa as a criticism of others. I’ve spent much of my life headed down the path of being an intellectual. I’m starting to realize that it’s a big mistake.

Originally published at JamesWalpole.com.

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Reflections on Guatemala

I first journeyed to Guatemala 20 years ago, hosted by Universidad Francisco Marroquín.  Two weeks ago, I returned for a delightful extended visit, accompanied by my Spanish-speaking elder sons and former EconLog blogger Jim Schneider.  I spent over a week doing guest lectures at UFM, then gave Friday’s keynote talk for the Reason Foundation’s “Reason in Guatemala” conference.  During our trip, we were also able to visit the awesome Mayan ruins of Tikal and Yaxha.  Here are my reflections on the experience.

1. Guatemala has dramatically improved over the last two decades.  Multinational businesses are now all over Guatemala City.  Restaurants and luxury products are all over, but so are businesses that cater to average Guatemalans.  Local grocery stores are packed with familiar international brands and products.  There are multiple Walmarts.  Even Costco is there, doing business as Pricesmart.  We argued about whether the Oakland Mall was more impressive than Tyson’s I, but it was definitely a tough call.  Smartphones are naturally ubiquitous.  Whenever we strayed from the tourist areas, we saw ordinary citizens enjoying simple material pleasures like Pollo Campero.

2. When I last visited Guatemala, the high-end businesses seemed grossly overbuilt; the shiny malls were almost empty.  Now, however, Guatemalans actually seem to be consuming the fruits of progress.  The cavernous Oakland Mall was packed at lunchtime on a weekday – and the pedestrianized streets near the National Palace were full of locals.  La Aurora Zoo was world-class, but we saw no other foreign tourists.

3. Our sponsors at UFM strove to keep us perfectly safe.  For the first few days, they drove us everywhere.  Yet almost every local assured us that four guys walking around Zone 10 in broad daylight were extremely safe.  By the end, we were walking comfortably through a wide range of neighborhoods, though only by day.  Crime is clearly down, thanks in no small part to massive private security.  Even small stores often have heavily-armed guards, and razor wire is almost always in your field of vision.

5. The greatest danger to pedestrians is probably the poor sidewalks; there are many dangerous pits even in elite neighborhoods.  The problem is so dire and the cost of fixing it is so small that I’m surprised that local businesses haven’t raised money to solve it.  I know Latin America’s philanthropic tradition is weak.  Yet good publicity aside, wouldn’t the Oakland Mall soon recoup a $50-100k investment in the surrounding sidewalks?  Would local government really block this public-spirited initiative?

6. We didn’t have to walk far to see absolute poverty.  No one looked malnourished, and even kids living in shacks and huts usually wore new, store-bought clothes.  Still, we saw families living in shacks (in Guatemala City, especially near the airport) and huts (especially on the drive to Yaxha).  During one severe traffic jam, we saw kids under ten washing car windows.  We also witnessed several families of clowns busking in the streets.

7. By official measures, Guatemala is dramatically poorer than any of the Caribbean islands we recently toured, with per capita GDP of $3200 nominal and $7600 PPP.  Yet this is mightily difficult to reconcile with what we saw with our own eyes.  Overall, the Caribbean islands looked a lot like the road from Flores to Yaxha – a mixture of modest modern houses and primitive shacks and huts.  Everything else in Guatemala looked vastly better than St. Maarten or St. Kitts.  While this partly reflects higher population, the biggest contrast is that almost every Guatemalan looks like he has useful work to do.  The Caribbean islanders, in contrast, have high levels of desperate peddling and outright idleness.

8. Guatemalan prices confused not only us, but local economists as well.  Grocery prices are very high.  Guatemala’s Pricesmart and my local Costco sell many identical goods, so I can confidently say that the former’s prices were roughly twice as high as I normally pay.  Local chains were even pricier.  One prominent local businessman blamed Guatemala’s low port capacity – and impishly shared his thrilling plans to build a big new port in the near future.  Restaurant meals aren’t cheap either; everything from fast food to premium steaks costs about the same as it would in Virginia.  The only product that was blatantly cheaper than usual was Uber – about one-third of the U.S. rate.  (Since gas prices were a bit higher than in Virginia, drivers’ take-home pay must be low indeed).  Other services, such as tour guides, were also big bargains.

9. As I toured Guatemala, I couldn’t help but notice how happy the people looked, especially the women.  I wondered if my impression could just be confirmation bias, but now that I’m back home I’m confident that the contrast is stark.  Guatemalan men look at least marginally happier than American men.  Guatemalan women look much happier than American women.  You could say that this merely reflects cultural differences in expressiveness, but that strikes me as sheer stubborn denial.

10. UFM was the jewel of our visit.  UFM could well be the most beautiful of the hundred-odd universities I’ve toured in my life.   Built in a ravine, it elegantly blends distinctive architecture with gorgeous tropical flora.  UFM also hosts two stunning museums – Popol Vuh (archaeology) and Ixchel (textiles).  Best of all, UFM is an academic libertarian paradise.  The ideas and imagery of my intellectual heroes adorn the whole campus – Milton Friedman, Ayn Rand, and Ludwig von Mises are only the beginning.  Yet there is no sign of dogmatic orthodoxy.  Good manners prevail; faculty and students are eager to hear new ideas and debate old ones.   Unlike most other institutions, UFM administrators are especially intellectually engaged.  UFM President Gabriel Calzada Alvarez was overjoyed to talk ideas with my sons for hours.

11.  The students of UFM look even happier than the rest of their countrymen.  You could say this is because they’re drawn from Guatemala’s richest families, but so are Americans in the Ivy League – and those kids are hardly pictures of good cheer.  The gender gap was so big that I wouldn’t have believed it if I hadn’t seen it with my own ideas; female UFM students appear extraordinarily happy.  UFM econ’s male/female ratio is also strangely low; several of the classes I taught were virtually all-female.

12. My Guatemalan audiences took to Open Borders like fish to water.  The cultural and political threat of Muslim immigration was the sole recurring objection.  In Guatemalan eyes, Latin America and the U.S. share a common Judeo-Christian culture, so many were surprised to hear how many U.S. citizens view Latin Americans as culturally alien or even unassimilable.

13. On the latter issue, the Guatemalans are plainly correct.  Pre-assimilation to the North American way of life is prevalent and intense.  Virtually everyone at UFM speaks and understands English well.  About a fifth of the public signs in Guatemala City are entirely in English, and an additional third are in Spanglish.  The Guatemalan elite already lives the American dream, más o menos.  The average Guatemalan struggles to do the same.  A dozen different people emphatically described Guatemalans as “deeply conservative,” but Tarantino was on t.v. every time I flipped the channels.

14. Even Guatemalan libertarians rarely complained about specific domestic government policies, but if you look at their Economic Freedom of the World ranking, there is plenty to decry.  Guatemala gets great scores on Size on Government and Sound Money, and a good score on Freedom to Trade Internationally.  Yet it gets an awful score for Legal System & Property Rights, and an even worse score for Regulation.  New construction projects are all over Guatemala City, but one of the locals told me it takes 2-3 years to obtain permission to build.  Imagine how much construction there’d be if you cut the delay down to 2-3 months or 2-3 weeks!

15. So what do Guatemalans complain about?  I asked one of my classes to tell me what most bothered the average Guatemalan; then I proposed workable policy responses for each problem.  Their first answer was “corruption.”  I suggested hiring a team of Swiss or Singaporeans to take over Guatemala’s internal affairs department.  They saw the logic of importing trustworthiness, but told me that Guatemalans wouldn’t accept it.  Their next answer was “traffic.”  I proposed electronic road pricing.  They again saw the logic, and again told me that Guatemalans wouldn’t accept it – even if the gas tax were abolished at the same time.  My students also saw crime – especially kidnapping – as a grave problem.  They were almost dumbstruck when I suggested a big switch from incarceration to flogging, even though Guatemala’s indigenous peoples already heavily rely on corporal punishment.  In a poor country with heavy corruption and high crime, the case for flogging is mighty indeed.  Just ask criminal-justice reformer Jason Brennan!

16. If I had to move to another country, Guatemala would be high on my list.  First and foremost, I love the UFM community.  American liberalism and conservatism are intellectual dead-ends, and I would enjoy forever escaping from both.  I also prefer to be around very happy people, and on that score Guatemala handily beats the U.S.A.  Guatemala does have some scary features, but the longer I stayed, the more I relaxed.  Yet for now, I continue to prefer the U.S.  Wages are obviously much higher here, and PPP measures notwithstanding, a dollar goes further in the U.S. than in Guatemala.

17. The Mayan archaeological sites we visited deserve all the hyperbolic adjectives people apply to them.  The contrast between the pyramids and the palaces, however, is vast.  The pyramids you leave thinking, “Human beings made these?!  Without wheels?!”  (As well as, “They performed human sacrifices here?!  What the hell was wrong with these Mayans?!”)  The “palaces” of the Mayan leaders, in contrast, look smaller than many apartments in Fairfax.  To reverse Galbraith, the Mayan elite lived lives of public affluence and private squalor.

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Helping the “Homeless”

All the cries to “solve the homelessness problem”, especially by using political government, fall flat with me. It’s not that I’m heartless. I’ve even been homeless myself, so I should have empathy. But I also have experience with homeless people.

Years ago I met a homeless guy named Paul. He was nice enough, but it was clear he wasn’t “all there”. He had left his home in Kentucky and traveled in his car (I’m assuming it was his) to western Colorado. There he spent the nights in his car, which he kept parked in the back-country, and walked into town almost every day.

He told me tales of his affair with a ghost back in Kentucky, and told me he left home because his parents wanted to have him committed to a mental hospital. I could see their point.

I did what I could to help him. I taught him some survival skills I thought might help. I gave him a hatchet that had been mine since I was a teen and also gave him some candles and other things I thought he might benefit from. I gave him food a few times.

Paul liked to hang out in my store and visit. I did sometimes get tired of him– my enthusiasm for socializing can get used up pretty quick in any situation that’s not karaoke. He often smelled bad– but he did bathe at campgrounds from time to time.

The worst thing (for me) he did was hit on women who would come into my store– right in front of their husbands. I told him he had to stop this or he couldn’t come in my store anymore; he was driving away what few customers I had. This made him angry and he said he would come smash my front window that night. I had a few overnight armed vigils in the back of the store but he never acted on this threat. And soon enough, he acted like he forgot this had ever happened.

That summer, the sidewalk in front of the store was being torn out and replaced and I found an old horseshoe in the dirt under the concrete. I put it on display in my store. He became very interested in this horseshoe and wanted to take it to his car and let it “speak” to him overnight. So I let him.

He came back the next day with stories of what the horseshoe had “shown” him. He even wrote an account of some of this– minus the darkest parts about dismembered bodies in steel barrels– on a notepad I had given him. (See the scans at the bottom of the page.) He just told me those parts but didn’t include them in the written account for some reason.

But he became convinced the horseshoe was cursed and that was the reason my store wasn’t flourishing. Its presence was the problem.

He said I had to get rid of the cursed horseshoe before something horrible happened to me. To humor him I tossed it.

Oddly, things didn’t improve.

He told me one day that Fall that he was moving to Utah. He packed up his car, I contributed some gas money, and he took off. I thought that was the end of that.

A week or two later I saw a very scruffy-looking guy crossing the street and thought it looked like Paul. It was him and he was soon in my shop again. He was dirtier and smellier than ever before. It turned out he had driven almost to the Utah line, but then turned up the interstate and headed toward Denver, and then his car had stopped running. I don’t know if he was out of gas or if it broke down. He didn’t stick around to see, but started walking back “home”. That was over 130 miles, and maybe a lot more, depending on how far he’d gone on the interstate. He abandoned all his possessions there in his car on the side of the interstate, never to be seen again.

He said he’d gotten one ride– an insistent cop had picked him up on the west side of one of the very few towns along his route and dropped him off on the east side of town so he could continue his journey. He refused all other rides along the way, and slept in the grass beside the highway every night.

His feet were sore, and now he had no place to sleep at night. A preacher friend of mine happened to come in the store about this time and heard the story. He offered to have the town’s ministerial alliance pay for a hotel room. Paul refused, saying he wouldn’t accept anything from them because he didn’t know them. The preacher said, “but that’s what we do– help people who need help”. Paul was having none of it and my preacher friend finally went on his way.

So, instead of a nice hotel room, Paul started spending the nights in a porta-potty at the construction site of the new school. It was now late November, with the temperatures falling well below freezing, and often dipping below zero. I gave him a few candles for warmth.

I began to see less of him, usually only every few days or so.

Around this time there were reports of homes in that area being entered during the night– their toilets being used and food being eaten. Only one homeowner caught a glimpse of someone fitting Paul’s description walking away from their house. It was in the paper and I suspected it was him, but I never found out for sure.

Not long after that, Paul decided to go see if there were more opportunities for “the homeless” in Denver, and he somehow got a bus ticket and left, and I never saw him again.

One result of this experience is that it kind of made me skeptical about the homeless. Yes, he was only one example (although there have been others I’ve met who were very similar). But homelessness isn’t about a lack of homes. Paul had a home and he left. He had opportunities to be housed, he rejected the offers. He was a beggar and didn’t want anything to jeopardize his chosen lifestyle.

At least I don’t believe he was an addict; his mental issues were burdensome enough.

I know most (or all) of the beggars here locally are the same way. Their signs say they are stranded and need gas money, but they live in houses. Here. And have for years. Stranded? Where do they imagine they are going?

I was homeless for a time several years ago. But I didn’t sleep on the streets (I slept in the woods) and I didn’t get handouts or steal from anyone. I kept my job and worked to get myself out of that situation. But I also wasn’t addicted or mentally ill (some might disagree on that last point, though).

It doesn’t bother me if people choose to give to the homeless, but I know it’s not going to fix anything. Nor would building houses for them. They generally have issues beyond what those things can solve. Paul was a case in point.

Below, for posterity, are scans of Paul’s “horseshoe visions”.

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Mentoring: The Rationality of Fear

A few months ago, Lean In published the results of a survey by Sandberg and Pritchard showing a dramatic increase in the share of male managers who fear close interaction with female coworkers.  Specifically:

60% of managers who are men are uncomfortable participating in a common work activity with a woman, such as mentoring, working alone, or socializing together. That’s a 32% jump from a year ago.

The survey’s creators were dismayed:

This is disastrous. The vast majority of managers and senior leaders are men. They have a huge role to play in supporting women’s advancement at work—or hindering it…

There’s not a company in the world that can afford to leave talent on the sidelines because that talent is female. But that’s what will keep happening unless all of us—especially men—commit to doing better.

Most commentators found male managers’ reluctance to mentor women especially reprehensible and irrational.  Male managers aren’t just undermining gender equality; they’re paranoid.  How so?  Because innocent men have nothing to fear except false accusations – and these hardly ever happen.  Thus, Prudy Gourguechon remarks:

The implication of the surveys is that men are afraid of being falsely accused.  But false accusations of sexual impropriety are actually very rare.

Mia Brett tells us:

Despite the framing of this story, male managers refusing to mentor women started long before #MeToo. Furthermore, fears of false accusation aren’t supported by statistics.

Andrew Fiouzi:

[D]ealing with men’s unrealistic fears around false accusations will require unfamiliar amounts of self-reflection on the part of the men in question.

Emily Peck:

Some men also like to claim that women are fabricating claims. Those fears are largely unfounded, Thomas said. She points out that the same myth surrounds sexual assault. False accusations make up a very low percentage of reported rapes, according to several studies — in line with other types of crime.

While it’s dauntingly hard to credibly estimate the rate of false accusation, I suspect all the preceding authors are correct.  Human beings rarely invent bald harmful lies about others.

On reflection, however, this hardly implies that male managers are paranoid or otherwise “irrational.”  For three reasons:

1. You have to multiply the probability of a false accusation by the harm of a false accusation.  Since the harm is high, even a seemingly negligible probability may be worth worrying about.  Consider this passage in Fiouzi’s analysis:

But according to Richard J. Reddick, an associate professor of educational leadership and policy at the University of Texas at Austin, there is, practically speaking, no evidence to justify the Pence Rule [not dining alone with women other than your wife]. “You often hear about men being falsely accused of sexual harassment,” he says. “[But] the University of California, San Diego Center on Gender Equity and Health conducted a study recently that revealed that two percent of men and one percent of women had been falsely accused of sexual harassment or assault, so in fact, accusations, and particularly false ones, are exceptionally rare.”

Taking these estimates at face value, it’s hard to see the paranoia: A 2% chance of severe career damage is a serious risk, especially given the low personal benefits of mentoring.  Furthermore, managers are far more tempting targets for false accusation than ordinary co-workers, so their probability of being falsely accused plausibly rises to 4%, 6%, or even 10%.

2.  In any case, a low rate of false accusation multiplied by a long mentoring career could still readily lead to multiple false accusations.  So it’s hardly imprudent for many male managers to respond with great caution.  Remember: The chance you’ll die in a car crash today if you don’t wear a seat belt is a rounding error.  The chance you’ll eventually die in a car crash if you habitually don’t wear a seat belt, however, is nothing to scoff at.

3. As I’ve explained before, truly malevolent actions – such as falsely accusing others – are far less common than misunderstandings.  Misunderstandings are a ubiquitous unpleasant feature of human life.  One common way to avoid this unpleasantness is to avoid social situations likely to lead to misunderstandings.  This strategy is especially tempting if, in the event of misunderstanding, others will presume you’re in the wrong.  So again, it’s hardly surprising that many male managers would respond to changing norms (#BelieveWomen) by playing defense.

What then should be done?  The emotionally appealing response, sadly, is to fight fear with an extra helping of fear: “You’re too scared to mentor?  Interesting.  Now let me show you what we do to those who shirk their mentoring responsibilities.”  If this seems like a caricature, carefully listen to what the authors of the original survey have to say:

Ugly behavior that once was indulged or ignored is finally being called out and condemned. Now we must go further. Avoiding and isolating women at work—whether out of an overabundance of caution, a misguided sense of decorum, irritation at having to check your words or actions, or any other reason—must be unacceptable too.

The problem, of course, is that mentoring is too informal to easily monitor.  Unless someone loudly announces, “I refuse to mentor women,” there’s not much you can do to him.  Mentoring quotas are likely to flop for the same reason.

The alternative is obvious, but unpalatable for activists: Put the frightened people whose assistance you need at ease.  Be friendly and calm, gracious and grateful.  Take the ubiquity of misunderstandings seriously.  Don’t zealously advocate for yourself, and don’t rush to take sides.  Instead, strive to de-escalate conflict whenever a misunderstanding arises.  This would obviously work best as a coordinated cultural shift toward good manners, but you don’t have to wait for the world to come to its senses.  You can start building your personal reputation for collegiality today – so why wait to get potential mentors on your side?

If you’re tempted to respond, “Why should I have to put them at ease?,” the honest answer is: Because you’re the one asking for help.

If that’s the way you talk to others, though, don’t expect them to give you honest answers.  Intimidation is the father of silence and the mother of lies.  If you have to use threats to exhort help, you’ll probably just get a bunch of empty promises.

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