Apple keeps shutting down employee-run surveys on pay equity ' and labor lawyers say it's illegal

Share All sharing options available for: Apple continues to shut down employee-run surveys about pay equity, and labor lawyers claim it is illegal.Apple claims it doesn't have a problem regarding pay inequality. Skeptical Apple employees tried to prove that claim by sending informal surveys about how much people earn, especially as it relates women and underrepresented minority groups. Three of the surveys were stopped by Apple because they violated strict rules regarding how employees can collect data. Multiple labor lawyers have told The Verge that the company could be violating worker protections. The surveys could be considered labor organizing under US law. Employees also have the right to discuss their pay.Vincent P. White, a labor attorney with White, Hilferty & Albanese, said that Apple can't bar employees from discussing pay equity in relation to protected classes. They could have told people to stop talking about pronouns if they were. It doesn't make sense. Their attempt to stop this is a retaliation.In spring, the first survey was conducted. It asked respondents to provide salary information and to identify themselves in terms of race and ethnicity. Apples employees were asked to complete the survey after they received around 100 responses. They claimed that the demographic questions constitute personally identifiable information (PII).Employees tried to create a new pay equity survey last week but were told again to remove it because it contained a question about gender. The Apple people team claimed that when they created a new survey, it did not contain a gender question and had to be closed down as it was hosted on corporate Box accounts.White says that this is a 2021 version a foreman at the docks telling people that they can't compare their wages back to the 1800s. This is not a new concept. This is the latest version of "You can't talk about your salary."Employees were also provided with the following information by the people team:Surveys ProhibitedThese employee surveys are not allowed in any case and should not be done. Surveys as Data Collection Surveys cannot be used to collect identifiable employee data. This is in addition to following the normal process of obtaining this data from the People department. All questions regarding an employee's address, demographics, etc. are prohibited, except for the collecting of country or region. It is prohibited to use surveys to collect information about health, including testing results and vaccination status. The People Report Request Form must be used to submit all requests for identifiable employee data. The People team will supply the employee data from their systems if the request is approved. Surveys requesting Diversity DataPersonal data relating to diversity data can be highly sensitive. Before collecting any data, it is important to consult your I&D Business Partner and I&D Insights and Solutions.These rules could be in violation of the protected right to concerted activities. While Apple might point out these handbook-type rules that you have agreed not to do as a condition for employment, it doesn't mean that they can legally stop employees from doing what they want, Veena Dubal, a law Professor at UC Hastings, states.Cher Scarlett, an Apple engineer, has created a Typeform survey that she is paying out of her own pocket. Scarlett said that I was looking at levels.fyi, which allows people to compare salaries across companies. Scarlett noticed that some salaries were very low in certain areas. These salaries were between 10 and 15 percent less than the average for other members of the team. They were all women, every time I checked gender. I'm not going to claim that this is a problem, but it should be a prompt for anyone to inquire if it is widespread. It should be easy to determine if this is the case, so that we can assess whether people are being paid fairly.Apple has shut down two pay transparency surveys in the last 6 months. I will not be intimidated. This data can be shared between us.A new voluntary survey is available, which is completely anonymous.The password is my status in Slack.https://t.co/fUr1DZ5Df1 Cher Scarlett (@cherthedev) August 7, 2021Nearly 500 employees are asked to complete the survey. They will be asked for information about their salary, level and team, most recent RSU grant, tenure at Apple and geographic location. Signing bonuses, work experience and whether or not they are permanently remote.The survey states that we want industry peers and colleagues to be familiar with Apple's pay bands to help minoritized employees and potential employees negotiate fair wages, bonuses and other benefits.Grace Reckers, an organizer for the Office and Professional Employees International Union says that employees should be protected by the fact this information is voluntary. This activity is protected because you are opting in to the survey. I don't know how the PII excuse would function or matter.Scarlett claims Apple's response to surveys has made employees suspicious. I don't think anyone is entering this saying that there is a wage gap regardless of gender, race, or disability. It is troubling to all that Apple closes down every attempt to increase transparency. It makes it seem like there might be a problem and that they are aware of it.Apple's 2018 median and median gender pay gap in the UK for employees was 12 percent in favor men. This is 5 percentage points lower than the UK's overall gender pay gap. This data must be published under UK law. However, the US does not have the same requirements.Apple CEO Tim Cook had told investors two years ago that women made 99.6cs for every $1 made by men at Apple, while those from underrepresented groups made 99.7c for every $1 made by white employees. The company also released a diversity report that stated it had solved the problem.The Verge asked Apple for comments but Apple didn't respond.