"(T)o say that the individual is culturally constituted has become a truism. . . . We assume, almost without question, that a self belongs to a specific cultural world much as it speaks a native language." James Clifford
Showing posts with label corporate free speech. Show all posts
Showing posts with label corporate free speech. Show all posts

Wednesday, June 14, 2023

Starbucks: A Racist Company Against Racism

In June, 2023, Starbucks had to face a unanimous jury decision in favor of a regional manager whom Starbucks' upper management had fired because she had resisted the company's racist policy of punishing innocent Caucasian managers for good public relations, which the CEO felt was needed and appropriate after a store manager had legitimately called the police on two Black people in a Starbucks restaurant who presumed the right not only to sit in a restaurant without ordering anything (before Starbucks allowed this),  but also to ignore the authority of the store's manager. Starbucks cowered to the unjust negative publicity, and thus showed a lack of leadership, and went on to act unethically in wanting to show the world that the company can go after Caucasian employees. This racism is ironic, for several years earlier, Starbucks' CEO had ordered employees at the store level to discuss racism with customers. Interestingly, the anti-racist ideology being preached was partial, and thus contained a blind spot wherein racism such as the company's upper management would exhibit is acceptable. 

As the CEO of Starbucks, Howard Schultz had employees promote his political ideology on two social issues: gay marriage and race. Regarding the latter, he ordered employees, whom he artfully called partners, to write race messages on cups so customers would unknowingly enable employees to impart Schultz’s position on the issue by raising the topic. I assume that the employees could not begin such conversations. I have argued elsewhere that Schultz’s use of the employees for such a purpose was not only extrinsic to making coffee as per the employees’ job descriptions, but also unethical.[1] In terms of corporate governance alone, the shareholders, as the owners of the company, should have decided whether to have their company used to promote partisan positions on social issues. In 2023, Target and Budweiser would learn of the perils in wandering off the knitting to get political on social issues. In terms of jurisprudence, the “right” of a company, a legal entity, to have free speech is dubious, as abstract entities, even if legally recognized as such, are not human beings. Rather, the “free speech” claimed by companies is really that of the human beings who work for the companies. Using an abstract entity that itself cannot speak to gain additional publicity for one’s ideological views is unfair because the vaulted or amplified speakers are not so from a democratic standpoint. In short, why should Howard Schultz have access to a megaphone and employees to propagate his political ideology on social issues, when you and I have no such means of self-amplification? Whether we agree or disagree with the former CEO’s political ideology on race is not relevant to my point. To be sure, that his employees were told to speak against racism is in my opinion much better than had they been told to advocate racism against Black people. That Starbucks would then engage in racism is that much harder to understand, but perhaps the hypocrisy reflects a hidden negative aspect of Schultz’s ideology on race. American society could benefit by having that aspect uncovered; such a benefit vastly outweighs any benefit to business. Even in a pro-business culture, a lower good should not be put over a higher one. Aristotle refers to this error as misordered concupiscence.

In June, 2023, a jury in New Jersey “found in favor of former Starbucks regional director Shannon Phillips, who sued the company for wrongfully firing her, claiming she was terminated for being White.”[2] The company’s position was that Phillis’ boss fired her because she had displayed weak leadership. The use of such vague jargon as leadership for what is actually management is itself problematic. Even if Phillips had “appeared overwhelmed and lacked awareness of how critical the situation had become,” as her boss presumably had written, does not constitute weak leadership, for she was not in a leadership role[3]; instead, the company’s CEO should have got out in front of the issue and provided a vision for the company.[4] If Schultz was the CEO at the time, the failure of his leadership would be especially telling, considering his earlier foray into politics using the company to promote his ideology.

The triggering incident that had overwhelmed Phillips, according to her boss, whom the CEO at the time must agree in retrospect failed as a supervisor but presumably was not fired, involved two Black men who had refused to leave a Starbucks store in 2018 even though they would not purchase anything. They were thus not customers, and the incident occurred before the company allowed non-purchasers to be in the stores. That the two Black men refused to leave the company’s private property means they were trespassing, so the store manager was on solid legal grounds in having the local police remove the men from the store. Being Black, even if that race has been (and is) subject to racism generally, does not give a person the right to trespass on private property, and efforts to remove such trespassing is not racist, for anyone trespassing would be legally subject to removal from the property. 

I contend that Howard Schultz’s notion of racial reconciliation suffers from the weakness of being blind to the racial presumption displayed by the two Blacks. In having employees talk about the need not to be racist to customers, Schultz was assuming that racism is something that non-Blacks do to Blacks. Employees were not told to suggest to Black customers that being Black does not give them special exemptions from the law or in society. Schultz could have had employees suggest to Black customers that jay-walking between intersections in a major street even if cars are coming is not “a Black thing” that is justified because the race in general has been subject to discrimination. Furthermore, the use of the word, nigga, cannot be allowed only if the speaker is Black, for that would be a racist position. For a Black person who uses the word to become hostile or aggressive towards an Indian, Oriental, or Caucasian who also uses the word is itself racist (and of course the hostility is unjustified unless the related word nigger is used in a hostile manner). The U.S. Constitution does not indicate that free speech depends or is limited by race; such a clause would be prime facie racist.

Phillips’ complaint, which the jury accepted unanimously, states that following the arrest of the two Black men, Starbucks “took steps to punish White employees who had not been involved in the arrests, but who worked in and around the city of Philadelphia, in an effort to convince the community that it had properly responded to the incident.”[5] Phillips was ordered “to place a White employee on administrative leave as part of these efforts, due to alleged discriminatory conduct which Phillips said she knew was inaccurate. After Phillips tried to defend the employee, the company let her go.”[6] It does not sound like Phillips was overwhelmed; in fact, she was being pro-active and ethical in defending an employee from an unjust punishment. The implication is that the person who fired Phillips acted unethically.

Moreover, in being willing to sacrifice Caucasian employees based on their race for good public relations, the company’s upper managers were being racist. An unseen implication is that those managers believed that the public reaction against the company for having the two Black men removed from the store in Philadelphia had some validity—that Black people should not be treated like that or that Black people deserve special treatment due to their race. But such a belief is itself racist. Schutz’s talking points for his employees to discuss with customers on race did not include mention of the racism in such beliefs. Moreover, he did not have the company’s employees talk about racism by Black people stemming from resentment. Any ideology is partial, rather than whole, and even claim of being against racism can fall short. In going after Caucasian employees, including Phillips, Starbucks’ upper managers fell short; the failure of leadership ultimate belongs to the CEO at the time. At least at the time of the trial, Howard Schultz was the CEO.

Saturday, February 17, 2018

Off Target: Corporate Spending as "Speech" against Gay Rights

In a 5-4 decision on January 21, 2010, the US Supreme Court ruled in Citizens United that federal restrictions on corporate spending in elections constituted a violation of free speech. Critics called it wrong to equate corporate “speech” with individual speech and said the ruling would allow special-interest money to flood election campaigns. The bipartisan nature of the opposition to this ruling is striking in these largely partisan times. The court’s ruling is opposed, respectively, by 76, 81 and 85 percent of Republicans, independents and Democrats; and by 73, 85 and 86 percent of conservatives, moderates and liberals. Majorities in all these groups, ranging from 58 to 73 percent, not only oppose the ruling but feel strongly about it. Even among people who agree at least somewhat with the Tea Party movement, which advocates less government regulation, 73 percent oppose the high court’s rejection of this particular law. In addition to overwhelming opposition to the decision, there’s also bipartisan support for Congress to try to reinstate restrictions on campaign spending by corporations and unions.

So when Target sent a check for $150,000 to MN Forward, a Minnesota-based political group backing a gubernatorial candidate with penchant for opposing gay rights, people wondered what business Target has in taking sides on that issue, even if the group was also pro-business. MN Forward endorsed and was paying for ads for the Republican gubernatorial candidate Tom Emmer. On Emmer’s website he defines marriage as a “union between one man and one woman” and he has come under fire for his $250 contribution to a Christian rockband that has been known to speak harshly of gays. Emmer told the Minnesota Star Tribune that the controversial rock band “You Can Run But You Cannot Hide,” were “nice people,” following band member Bradlee Dean’s reported comments that Muslim countries that support execution of gays are “more moral than even the American Christians.” To be sure, the managers of Target were not spending their companies’ “free speech” in defense of such a view, but that the wealth qua free speech was nonetheless being spent on a candidate who had made such a comment makes the Target CEO an unwitting accomplice.
Rather than viewing Target managers distancing themselves from Emmer’s view of gays as corporate social responsibility, I contend that the problem lies in taking spending as speech. Put another way, Target would have better stores if it sticked to its knitting, as it were.

Diverting money even to political campaign groups that further a pro-business agenda is off from the business’s main business, which in the case of Target is to sell retail. Besides the collateral damage from unwittingly helping campaigns on issues that are not even pro-business, diverting cash reserves to political campaigns puts corporations in the business of electoral politics, which is another sort of retail. In the case of Target, it is not as though the stores could not be improved from a business standpoint.  Once I accompanied a foreign friend of mine to a Target to return the coat he had given his wife for Christmas. Because he had paid by check, he had only the option, according to the “customer service” employee, of exchanging it. He could not get his money back—though he could have had he paid cash or by credit card. The “reasoning” of Target’s managers was that a check is “like kind” to an exchange voucher.  My friend and I left the store committed not to return, and I have not. Even in terms of influencing electoral politics in a pro-business general direction, Target’s management has plenty else to do closer to home—if indeed it is a home.  Rather than being socially responsible, a company ought to focus on its knitting.  That—doing business well—is the responsible thing to do because it is what a business’s owners expect from the managers of their property. Rather than being able to influence electoral politics beyond their expertise, managers ought to be restrained more by stronger corporate governance. To be sure, managers have a tendency to over-reach. Treating their spending decisions as “speech” only enbles them.

Sources:

http://blogs.abcnews.com/thenumbers/2010/02/in-supreme-court-ruling-on-campaign-finance-the-public-dissents.html

http://abcnews.go.com/Business/target-best-buy-fire-campaign-contributions-minnesota-candidate/story?id=11270194