A memory scientist's advice on reporting harassment and discrimination | Julia Shaw

52,449 views ・ 2018-11-26

TED


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Me Too and Time's Up have highlighted
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that harassment and discrimination are a shockingly common part
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of many people's lived reality,
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and that this reality extends into the workplace.
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Whether in tech or finance, sports or the service industry,
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every day we seem to hear another story about an abuse of power
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or another grossly inappropriate workplace behavior.
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People are furious.
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They're taking to Twitter and social media to voice that this must change.
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But it's time to move beyond the hashtag.
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It's time for us to report harassment and discrimination
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to those who can fix this mess.
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And it's time for us to talk about harassment
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in a more inclusive way:
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not just about sexual harassment,
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but to encourage people to come forward
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about harassment and discrimination based on other characteristics
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such as age, disability or ethnicity.
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Because only together can we fix
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the underlying causes and consequences of harassment.
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You see, most of us will,
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at some point in our lives,
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experience workplace harassment or discrimination.
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Research shows that particularly women, people of color
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and people who openly identify as LGBTQI are likely to be targeted,
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and for some people, this is a pervasive and persistent part of their reality.
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And for most of these people --
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98 percent according to some studies --
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most of these people will never speak up and tell their employer.
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Too often, harassment and discrimination is a lonely and isolating experience,
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but we need to help people out from under their desks.
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We need to empower people to have a voice.
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The reasonable first question that everybody asks
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once they've been harassed is "What do I do now?"
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And this is what I want to help you with.
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Navigating the barriers to reporting can be absolutely dizzying.
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How can we speak up in a society
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that too often discredits or diminishes our experiences?
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How can we speak up in a society
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that is likely to be retributive towards us?
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How can we deal with the silencing that goes on all around us?
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Making matters worse,
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often our memories are the only evidence we have of what happened.
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Now, here's where I can come in.
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I'm a memory scientist,
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and I specialize in how we remember important emotional events.
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I've particularly focused on how the memory interview process
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can severely impact the evidentiary quality of reports that we produce.
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A bad interview can lead you to forget details or misremember them
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while a good interview can forever change your life for the better.
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After looking at lab reports and working,
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studying this issue both in the courtroom and in research settings,
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I've dissected all the different things that can go wrong with our memories
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that can really threaten your case.
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And now I'm turning my attention to helping people tackle
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recording and reporting of workplace harassment and discrimination.
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There's three things that I've learned from my research on this
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that you can immediately apply
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if you've been harassed or discriminated against at work.
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I want to help you turn your memory into evidence --
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evidence that even a memory skeptic like me
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is unlikely to find fault with.
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First of all, James Comey had it right.
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The former head of the FBI used to sit in his car,
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lock himself in after meetings with the president
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and write down absolutely everything he could remember about what happened.
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The now-famous recordings proved to be quite useful later on.
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Be like Comey.
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Now, you don't need to lock yourself into your car to do this,
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but please, immediately after something happens,
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I want you to contemporaneously record what happened.
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And do this before talking to anyone else about it.
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Because as soon as your share your story
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with friends or family or colleagues or therapists,
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you have the potential to distort or change your memory of the event.
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Uncontaminated, contemporaneous evidence is worth gold.
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Second: the type of evidence matters.
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Sure, you can do a handwritten note of what happens,
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but how do you prove when you wrote it?
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Instead, pull out your computer or smartphone
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and make a note that's time-stamped,
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where you can prove this was recorded at this time.
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Contemporaneous, time-stamped evidence is better.
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Finally, make sure what you're writing down is actually relevant.
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Too often, we see that people bring out Facebook messages,
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they bring out time-stamped pieces of evidence,
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but sure, they're not particularly relevant,
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they're not particularly useful.
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It's easy to write an emotional, unstructured account of what happened --
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understandable because it's an emotional experience --
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but those might not actually be the details that matter later on
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for an investigation.
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Write down this list.
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I want you to keep track of this and simply fill in the blanks.
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First of all, what happened?
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In as much detail as possible,
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describe the situation,
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and do it on the day it happened if at all possible.
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Second, who was there?
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Were there any witnesses?
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This becomes crucial potentially later on.
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What exact time and date did this happen?
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What location? Where did this happen?
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Who did you tell after the event?
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How did it make you feel during and after it happened?
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And is there any other evidence such as WhatsApps, photos or emails
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that might lend more credibility to your case.
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These are all details that are incredibly easy to record contemporaneously
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but are also incredibly easy to forget later on.
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Humans, according to research, often overestimate their ability
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to remember important emotional details later on.
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Assume that you're going to forget.
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Assume you have to write it down.
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Now, these three pieces of advice are a good start,
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but of course they don't overcome a lot of the other barriers to reporting.
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According to the Equality and Human Rights Commission,
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which published a report in 2018,
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there's one key recommendation to overcome some of the other fears
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often associated with reporting these kinds of incidents to your employer.
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One piece of advice that they made?
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Have an online, anonymous reporting tool.
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Only that way, they say,
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can you truly overcome many of the fears associated with reporting.
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Now, in line with this,
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and informed by what was happening all around me
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and taking and applying the memory science,
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the science that I had been doing for many years,
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I sat down with a number of people
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and we together created TalkToSpot.com.
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Spot is an online, anonymous reporting tool
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that helps you record and report workplace harassment and discrimination.
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It allows you to do it anonymously,
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it allows you to do it for free,
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and it's completely evidence-based.
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You don't have to talk to a person,
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there's no fear of judgment,
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and you can do it whenever and wherever you need.
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Now you have the power to walk through an evidence-based memory interview.
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Now, this is called a cognitive interview.
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This is the same technique that police use when they're doing their job properly.
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So in best-case scenarios,
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people who are being asked about important emotional events
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are being asked in line with the cognitive interview.
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Now, this walks you through all the relevant information
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so that at the end, after you've talked to the bot --
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which is an automatic messaging system --
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after you've talked to the bot,
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it generates a PDF record that's time-stamped and securely signed
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that you can keep for yourself as evidence in case you want to share it later,
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or you can submit it to your employer right away.
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And in line with recommendations,
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you can submit it to your employer anonymously.
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But a reporting tool is only as useful as the audience that's listening.
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So if your employer is truly committed to change,
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we've decided to also offer them the tool to respond.
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So if organizations work with us
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and are truly committed to doing something
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about workplace harassment and discrimination,
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they're also able to respond to you even if you've chosen to stay anonymous.
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We think it's important that you can work together with your employer
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to tackle this issue.
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We think that everybody wins when we bring light into this dark issue.
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Whether it happens to you or to someone you know,
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recording and reporting what happened
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can really improve how we talk about these issues.
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And if you're an organization,
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this is a call to give your employees access
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to better and more effective reporting mechanisms.
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We know that the current methods that are used in most organizations
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don't work effectively.
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It's time to change that if you're committed to inclusion and diversity.
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It's time for us to celebrate our diversity.
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It's time for us to give a voice
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to those who have for too long been denied one.
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It's time for us to celebrate those who come forward,
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even if they feel they need to stay anonymous --
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to stay masked to do so.
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It's time for a reporting revolution.
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Thank you.
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(Applause)
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