Is the Astronomer/Cold Play scandal really shocking anyone?
by Kelly VanBuskirk, KC, PhD, C. Arb.
Earlier this week, a social media scandal erupted when Astronomer’s CEO Andy Byron and the company’s Chief People Officer, Kristin Cabot, were caught on a Kiss Cam during a Cold Play concert at Gillette Stadium. It is alleged that at least one of the two is married and that the Kiss Cam footage is evidence of an intra-company love affair. The reactions of Byron and Cabot to seeing their images on the Kiss Cam, which included face hiding and even an awkward attempt to duck out of sight, only elevated the widespread intrigue and upset. Now, Astronomer has announced that it is investigating the episode.
The fact that a corporate investigation has been initiated should surprise no one. In today’s climate, many North American jurisdictions (and all Canadian ones) impose a legal obligation on employers to investigate incidents of possible sexual harassment, even when the likely victim hasn’t complained. This is because sexual misconduct can be facilitated by power imbalances, and in this case a power imbalance likely exists in favour of the CEO. (As an aside, it should be noted that the Criminal Code of Canada contemplates that consent to sexual activity may not even be possible in the context of a power imbalance.) It doesn’t help that the Chief People Officer was only hired last year, and the CEO himself extolled her virtues in the process – giving the new CPO what some now think was unreasonably favourable treatment.
What should be surprising about this incident is that so many people seem surprised. In my experience as a labour, employment, and human rights lawyer, I have been made acutely aware of these undeniable truths: 1) sexual relationships amongst coworkers are very common; and 2) being caught on camera doing things that shouldn’t be done is also an inescapable likelihood. I would be unable to easily count the number of cases I’ve seen in which employers have had to deal with workplace romances, many of which have been played out in audio and video recordings. One of the worst cases I can remember was the audio-recorded “activities” of a threesome of coworkers who got busy in their office after work. If you manage people, you should expect the unexpected.
Here are some key “Kiss-Cam Gate” takeaways for every manager:
1. Expect to learn that some of your coworkers are participating in sexual misconduct that violates your policies.
2. Be prepared for those violations by laying out a game plan in advance. Your plan should include:
a. A robust prevention plan that includes effective training.
b. A template leave of absence letter to give to the alleged wrongdoer;
c. A list of potential investigators, both internal and external;
d. A draft press release; and
e. A plan for assignment of functions within various departments.
In our small firm, we’ve had the benefit of designing and implementing appropriate policies and training programs for a wide variety of employers in several Canadian provinces and US states. It’s clear to us that employers can reduce the risk of workplace sexual harassment and can also reduce its impacts when the misconduct does occur. It is, however, a bit like going to the dentist. For some, the importance of the exercise doesn’t become clear until its too late.