When the workplace causes depression and anxiety

In a recent piece (link here) on coping with depression and anxiety in today’s workplace, Yahoo finance writer Jeanie Ahn acknowledges that organizations themselves can trigger these conditions:

Workers should also recognize that the organization they work for could be dysfunctional: “The more disturbing the workplace, the more vulnerabilities and personal foibles will emerge,” says Dr. Lynn Friedman, a clinical psychologist and executive career counselor based in Washington, D.C.

Just like physical ailments, mental health can worsen from working long hours, lack of sleep, stress, overwhelming workloads, and toxic work environments.“One way to support people to be healthy is to look at areas of dysfunction in the workplace and address them in a direct and straightforward way,” says Friedman.

Of course, this plays right into the topic of workplace bullying and mobbing, which is responsible for causing a host of physical and mental health problems.

Disclosing to an employer

Regardless of whether a mental health situation has been caused or exacerbated by a toxic work environment, the question of disclosing the condition to one’s employer is full of complexities. If a condition rises to the level of a disability, then disability discrimination laws may require the employer to provide a reasonable accommodation for it. However, there are no guarantees here. Especially if the organizational culture is hostile or dysfunctional, it’s quite possible that disclosure and an accommodation request will yield negative results, including retaliation and/or being pushed out of one’s job.

Adds Yahoo’s Ahn:

“In an ideal world, you should be able to disclose a mental health issue without being discriminated against, but the reality is we don’t live in that perfect world,” says Darcy Gruttardo, director at the Center of Workplace Mental Health.

About half of workers in [a recent American Psychiatric Association survey] expressed concerns about discussing mental health issues at work; a third worried about consequences if they seek help. For those thinking about talking about it at work, Gruttardo recommends talking to your primary care doctor first to get any symptoms under control, before approaching human resources or an employee assistance program (EAP).

Missing from this analysis is the potential role of labor unions. Unionized workers will typically be able to approach their union representative for advice and support. In some cases, additional protections relevant to mental health treatment may be contained in a collective bargaining agreement. Like all types of organizations, some unions are much better than others at serving their members, but at the very least they provide options that other workers don’t enjoy.

As I say often on this blog, there are no easy answers when it comes to handling such matters. Organizations differ markedly in their fairness and integrity, as do individuals within them. At the very least, it’s important that we continue to understand organizational roles in supporting or undermining the mental health of workers. Only then can we consider solutions and responses.

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Decades of repeated sexual misconduct complaints finally lead to a resolution at Harvard

Here in Greater Boston, the local news is reporting that Harvard University has stripped retired professor Jorge Dominguez of his emeritus status, following a review of multiple allegations of sexual misconduct towards women at the university spanning decades. From the Harvard Crimson (link here):

Dean of the Faculty of Arts and Sciences Claudine Gay announced in an email to FAS affiliates Thursday that she has stripped former Government Professor Jorge I. Dominguez of his emeritus status and disinvite him from the FAS campus following the conclusion of a months-long investigation into allegations of sexual misconduct.

Under the sanctions Gay imposed, Dominguez will lose the rights and privileges afforded to emeritus faculty members. He will be unable to hold an office on campus, teach and advise students, or receive support from administrative or research assistants.

The Office for Dispute Resolution investigation into Dominguez found that he engaged in “unwelcome sexual conduct” toward several individuals multiple times over a decades-long period, according to Gay.

. . . In a February 2018 Chronicle of Higher Education report, at least 10 women publicly accused Dominguez of repeated acts sexual misconduct. A follow-up Chronicle story revealed that Dominguez faced sexual misconduct allegations spanning four decades from 18 women.

“Emeritus” status is a courtesy title commonly given to retired professors who have provided long service to a university. While presumably the university’s actions do not affect his past compensation, they essentially render him persona non grata on the Harvard campus and serve as a very public rebuke of his career.

Four decades?

Okay, so it’s good that Harvard stepped up, did a real investigation, and acted upon its results.

But I think the lede is being buried here: The real story is that it took them four decades — with allegations from 18 women — to engage in real action on this professor.

Why so long?

I’m not privy to the inner workings at Harvard, but I’ve been studying and experiencing academic life for years. It’s safe to say that, on balance, colleges and universities are not the most courageous organizations around, especially if they are led by senior administrators and boards who are primarily focussed on preserving and advancing institutional reputations.

For example, as the horrible revelations of sexual abuse at Michigan State University (Nassar scandal concerning sexual abuse of women gymnasts) and Penn State University (football program and child sex abuse) have documented, academic administrators repeatedly swept concerns under the rug in order to save their schools from public scrutiny and accountability.

Through it all, there’s an ongoing belief system that holds sway, namely, that those who are subjected to abuse and mistreatment count for much less than the reputations of the institution and those who hold privileged positions. It’s about moral and ethical failure.

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Talking about workplace bullying and disability at the Jacobus tenBroek Disability Law Symposium

Dr. Jacobus tenBroek (www.nfb.org)

Last week I had the privilege of discussing workplace bullying and disability at the Jacobus tenBroek Disability Law Symposium, an annual conference sponsored by the National Federation of the Blind (NFB) in Baltimore, Maryland. Based on the feedback I received, I believe that my presentation offered a useful contribution to the conference. (More on that below.) In addition, for me personally, the biggest gift of the conference was being able to experience it and learn from other participants.

Perspective-changing

I’ve been to dozens of academic and professional conferences during my career, but this was my first attendance at a larger event where people living with various disabilities — in this case, especially those with visual impairments — formed such a significant share of fellow participants. One might claim that I was long overdue in this regard, and I would strongly agree. It is a perspective-changing thing to spend an extended period of time in such a setting, to be in a very different kind of normalcy. Many of the lawyers, advocates, and scholars are living with disabilities that happen to be among the focal points of their work. Substantively, this diverse mix positively influenced the quality, depth, and authenticity of exchanges on topics that are sometimes understood and treated superficially. 

Conferences, symposia, and workshops have their own cultures or vibes. Some are friendly, while others are stuffy. Some help to foster a sense of community and inclusion, while others feature preening and posturing. The tenBroek event is a community builder, where people hatch ideas, teach and mentor one another, and renew friendships and acquaintances. It’s not as if everything is all hearts-and-flowers consensus. Among other things, there were earnest discussions about the need for more racial diversity among speakers and attendees. Nevertheless, the tenBroek symposium serves as an important annual gathering spot for folks interested in legal and policy issues concerning disabilities of all types.

Workplace bullying and disability

The session on bullying, harassment, and the civil rights of persons with disabilities was the final panel of the conference, and I happened to be the last speaker on it. This gave me an opportunity to explain the basics of what we know about bullying and mobbing at work, then go into why existing employment protections have proven inadequate to provide relief to so many abused workers. I then discussed the Healthy Workplace Bill and why it’s needed.

Although we have long understood that work abuse can cause mental disabilities or exacerbate current ones, we know a lot less about the experiences of those with physical disabilities and workplace bullying. During my remarks, I said that we would benefit greatly by learning more about that.

I also put in plugs for two organizations whose overall missions are very consistent with the work being done by folks at the conference, the International Society for Therapeutic Jurisprudence (link here) and Human Dignity and Humiliation Studies (link here), both of which I’ve mentioned frequently on this blog. (In fact, it was my connection with Prof. Michael Perlin, a mental health law expert who is active in both of these communities and serves on the NFB board, that led to my invitation.)

About Jacobus tenBroek

I also learned a little bit about Dr. Jacobus tenBroek , the NFB’s founder and a remarkable individual. The NFB’s Lou Ann Blake, in a 2006 biographical profile about tenBroek (link here), wrote the following:

Most Federationists know that Dr. Jacobus tenBroek founded the National Federation of the Blind in 1940. However, today in 2006, thirty-eight years after his death from cancer on March 27, 1968, the majority of Federationists may not be aware that Dr. tenBroek was also a constitutional law scholar, a civil rights activist, a leader in the reform of social welfare, and a distinguished national and international humanitarian. From his days as a law student until his death, Dr. tenBroek produced thousands of written documents, including letters, speeches, law review articles, and books.

Wow, what a powerhouse. No wonder his spirit helps to drive this conference.

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Toxic work environments in the social justice, non-profit sector

Image courtesy of Clipart Kind

I have long insisted that workplace bullying and other forms of worker mistreatment are not limited to the big bad corporate sector. The non-profit sector has its own problems with bullying and toxic work environments. Recent reports about working conditions at two prominent social justice non-profits, the Southern Poverty Law Center and Amnesty International, are sadly reinforcing this reality.

Southern Poverty Law Center

Bob Moser’s recent, in-depth New Yorker piece about the Southern Poverty Law Center, examines the work climate, fundraising operations, and allegations of racial discrimination and sexual harassment at the venerable civil rights organization, in the wake of the termination of co-founder Morris Dees, a lawyer and well-known figure in the civil rights community. Moser writes:

The official statement sent by [SPLC president Richard] Cohen, who took control of the S.P.L.C. in 2003, didn’t specify why Dees had been dismissed, but it contained some broad hints. “We’re committed to ensuring that our workplace embodies the values we espouse—truth, justice, equity, and inclusion,” Cohen wrote. “When one of our own fails to meet those standards, no matter his or her role in the organization, we take it seriously and must take appropriate action.”

To Moser, a one-time SPLC staffer, the apparent circumstances that led to Dees’s ouster were not a surprise. Upon his arrival as a writer in 2001, Moser quickly understood that the organization was a place of contradictions:

But nothing was more uncomfortable than the racial dynamic that quickly became apparent: a fair number of what was then about a hundred employees were African-American, but almost all of them were administrative and support staff—“the help,” one of my black colleagues said pointedly. The “professional staff”—the lawyers, researchers, educators, public-relations officers, and fund-raisers—were almost exclusively white. Just two staffers, including me, were openly gay.

Prior to Moser’s arrival, several periodicals had published articles critical of the SPLC’s own record on racial and sexual diversity:

Co-workers stealthily passed along these articles to me—it was a rite of passage for new staffers, a cautionary heads-up about what we’d stepped into with our noble intentions. Incoming female staffers were additionally warned by their new colleagues about Dees’s reputation for hitting on young women. And the unchecked power of the lavishly compensated white men at the top of the organization…made staffers pessimistic that any of these issues would ever be addressed.

The article (link here) goes into a lot more detail, and it’s not a flattering picture. It makes me very sad. I have contributed to the SPLC in the past, and my late mom, a kindergarten teacher, used some of their educational materials in her classroom. I guess that’s all the more reason to pay attention to this look inside the organization.

Amnesty International

Al Jazeera reports that Amnesty International, the prominent human rights advocacy group, is engaging in a lot of internal reckoning about bullying, discrimination, and mismanagement within the organization (full article linked here):

Following the suicide of a staff member, Amnesty commissioned an independent review of its company culture, which found that some of its staff have been victims of bullying, public humiliation, discrimination, and abuses of power, and that these issues threaten the organisation’s credibility.

The report surveyed hundreds of employees as part of its investigation and found widespread mismanagement and a “toxic” work environment.

According to the report, 39 percent of staff had developed mental or physical health issues because of working there, and 65 percent didn’t believe their well-being was a priority for Amnesty.

“I think this was a problem that was left festering for decades,” Kumi Naidoo, Amnesty’s secretary-general, told Al Jazeera.

Naidoo, who began his role in August last year, is looking to address these issues quickly.

He said these problems, in part, come from the inherently stressful nature of their work, as well as from an outdated management structure and the company’s failure to prioritise its staff’s well-being.

At least AI’s leadership appears to be taking this seriously. It’s too early to say whether the Southern Poverty Law Center’s leadership understands its systemic problems.

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The theme of bullying and working conditions generally in the non-profit sector has been a repeated focus of this blog. Here’s an excerpt from my 2015 blog piece, “Toxic leaders in social change non-profits“:

Just because a non-profit organization is dedicated to changing the world for the better, don’t assume that its leadership is committed to creating a healthy, supportive workplace for the staff. That’s the underlying message of a terrific presentation by Vega Subramaniam, co-founder of Vega Mala Consulting, who presented on toxic leadership in the non-profit, social change sector at this year’s just concluded Work, Stress, and Health conference.

…Subramaniam and her business co-founder, Mala Nagarajan, are using interviews and surveys of workers in non-profit, social change organizations to study the presence and effects of toxic leadership….

…Subramaniam reported that they could “literally copy and paste” examples of toxic leadership as experienced by one worker to another. These included creating cultures of mistrust, micromanaging and holding “incessant meetings,” capricious behaviors, unfair blame for mistakes, coercive work demands, and engaging in misrepresentations to grant funders.

Workers found that sorting out and coping with these toxic environments became all consuming, with negative effects on their careers, health, and personal lives. It makes sense: Those who work for cause-driven non-profits are often drawn by the organization’s social mission. It’s a chance to make a difference, maybe even change the world, or at least a corner of it. Especially against the backdrop of this idealism, being bullied and otherwise mistreated in such jobs can be a devastating experience.

(Vega Subramaniam contributed a wonderful chapter reporting her research, “Working Bullying and Mobbing in the Nonprofit Sector,” to the book set I co-edited, Maureen Duffy & David C. Yamada, eds., Workplace Bullying and Mobbing in the United States (2018).)

For more on the non-profit sector, please check out:

Finally, in 2013 I was interviewed by Carey Goldberg of WBUR radio, Boston’s NPR news station, on “Bosses From Hell: Workplace Bullying In The Non-Profit Sector.”

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Hat tip to my brother, Jeff Yamada, for the article on Amnesty International.

 

Shawn Ginwright: From “trauma informed care” to “healing centered engagement”

Today I’m happy to share the work of Dr. Shawn Ginwright, a San Francisco State University professor who devotes himself to challenges facing young people in urban areas. Dr. Ginwright asserts that rather than focusing on “trauma informed care,” we should embrace a framework of “healing centered engagement.” Although he is a practitioner of trauma informed care, he sees some limitations in the concept. Here’s a snippet of what he wrote last year in Medium (link here):

More recently, practitioners and policy stakeholders have recognized the impact of trauma on learning, and healthy development. In efforts to support young people who experience trauma, the term “trauma informed care” has gained traction among schools, juvenile justice departments, mental health programs and youth development agencies around the country.

…While trauma informed care offers an important lens to support young people who have been harmed and emotionally injured, it also has its limitations. I first became aware of the limitations of the term “trauma informed care” during a healing circle I was leading with a group of African American young men. All of them had experienced some form of trauma ranging from sexual abuse, violence, homelessness, abandonment or all of the above. During one of our sessions, I explained the impact of stress and trauma on brain development and how trauma can influence emotional health. As I was explaining, one of the young men in the group named Marcus abruptly stopped me and said, “I am more than what happened to me, I’m not just my trauma”. I was puzzled at first, but it didn’t take me long to really contemplate what he was saying.

The term “trauma informed care” didn’t encompass the totality of his experience and focused only on his harm, injury and trauma.

Toward healing centered engagement

Ginwright goes on to suggest that we should look at healing from trauma in a more holistic way:

What is needed is an approach that allows practitioners to approach trauma with a fresh lens which promotes a holistic view of healing from traumatic experiences and environments. One approach is called healing centered, as opposed to trauma informed. A healing centered approach is holistic involving culture, spirituality, civic action and collective healing. A healing centered approach views trauma not simply as an individual isolated experience, but rather highlights the ways in which trauma and healing are experienced collectively. The term healing centered engagement expands how we think about responses to trauma and offers more holistic approach to fostering well-being.

A healing centered approach to addressing trauma requires a different question that moves beyond “what happened to you” to “what’s right with you” and views those exposed to trauma as agents in the creation of their own well-being rather than victims of traumatic events.

Although I have written about the importance of understanding psychological trauma, I agree with Ginwright’s preferred framework. Being trauma informed is very important, but it’s just part of the process of healing centered engagement. Furthermore, we might also consider that healing centered engagement naturally incorporates the idea of post-traumatic growth, another important concept that I wrote about last year (go here for link).

Ginwright’s focus also reinforces what I’ve tried to communicate many times here, namely, that social problems must be scrutinized at both the individual and systematic levels. This includes examining the political, social, and economic cultures that create and enable abusive mistreatment of others. 

Applied to workplace bullying and mobbing

This is very relevant to workplace bullying, mobbing, and other forms of worker mistreatment. Severe work abuse can wreak havoc on an individual’s mental and physical health. It can significantly undermine one’s ability to pursue a livelihood and a career. These behaviors rarely occur in a vacuum. Rather, they are typically enabled by the organization and its leadership.

In other words, the actors in work abuse situations and their impacts are often multifaceted — or, to add a twist, negatively holistic. In response, then, we should look at preventing and responding to bullying and mobbing in a more positive holistic, systemic way.

Finally, healing centered engagement helps to focus us away from trauma or victimization as a defining status, without ignoring the underlying mistreatment, its effects, and frequent lack of accountability that come with it. As the young man in Dr. Ginwright’s youth group told him, “I am more than what happened to me, I’m not just my trauma.” 

Applied to law and public policy

Healing centered engagement carries a lot of significance for practitioners of therapeutic jurisprudence (TJ), a school of legal thought that supports psychologically healthy outcomes in legal proceedings and the creation of laws that advance individual and societal well being.

Among other things, how can lawyers, judges, and other practitioners support laws and policies that support healing centered engagement? How can our systems of justice and dispute resolution do the same? Healing from trauma is relevant to many, many aspects of the design and application of our laws and legal systems.

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As I’ve written here before, I sometimes use this blog to share “pondering in progress.” I’m doing that here. I’ve got more thinking to do about this concept of healing centered engagement, but it resonates with me on many levels. I hope it prompts some useful thinking for you, too.

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Additional notes

  • Dr. Ginwright later revised his Medium piece and added references for an Occasional Paper published by an Australian social services agency, Kinship Carers Victoria. You may freely access it here. For a YouTube video including Ginwright’s 2018 conference presentation, go here.
  • I serve on the boards of two organizations relevant to the commentary above, and I invite readers to learn more about them. First is Human Dignity and Humiliation Studies, a global network of scholars, writers, practitioners, artists, activists, and students who are committed to advancing human dignity and reducing the experience of humiliation. Go here for the HumanDHS website. Second is the International Society for Therapeutic Jurisprudence, a new non-profit organization dedicated to the mainstreaming of therapeutic jurisprudence perspectives in our laws and legal systems. Go here for the ISTJ website

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It’s not Yale or fail: The college admissions scandal and our unhealthy obsession with school prestige

Top fueler of the unhealthy prestige obsession

Here in the U.S., we’re watching the unfolding of a major college admissions scandal (highlights here) led by criminal indictments alleging that dozens of wealthy parents engaged in fraud and bribery to get their kids into highly selective universities. It has prompted a fast-developing and overdue dialogue about how the wealthy and powerful are able to game the college admissions systems on behalf of their children.

Have you heard the term “Yale or jail“? It’s a catchphrase that refers to the notion that if you don’t get into a prestigious college, then your only option is a slide toward landing in jail. It’s a clever saying, but a more accurate descriptor of this dynamic is Yale or fail. You see, it’s not that parents and applicants fear an eventual jail sentence if they don’t attend Yale or a similarly elite school. Rather, it’s that they fear failure, loss of social status, and others’ perceptions of the same.

The Yale or fail dynamic, I submit, is the main answer to the question of why would rich parents risk felony indictments to snag that elusive letter of acceptance for their children.

This scandal, which just broke last week, has already prompted a ton of handwringing in media commentaries about social class inequality and how the wealthy and powerful gain undue access to prestigious institutions of higher learning. It has been accompanied by a wave of anger and resentment about those advantages, splashed all over the social media.

Of course, these protestations may be a bit overdue. In reality, these advantages have been around for a long, long time. Perhaps it took a scandal of this (alleged, of course) brazenness and magnitude to unleash the simmering backlash.

Against this backdrop is another truth: There are many colleges and universities outside of that elite circle that provide quality learning and open doors to life’s opportunities. Literally millions of people can personally attest to that. The focus on such a narrow band of colleges and universities takes out of the conversation hundreds of schools that deliver multiple, abundant benefits to their students.

The underlying culprit: U.S. News rankings

I submit to you that the world of American higher education changed dramatically when the U.S. News & World Report annual rankings of colleges, universities, and graduate programs came onto the scene. The appearance of the U.S. News rankings has been the most influential development in modern higher ed history, in terms of shaping perceptions of institutional prestige and accompanying priorities. These rankings have serious flaws — there’s a whole literature on that — but they have occupied the field nonetheless.

Many educators and administrators in higher education are positively obsessed with these rankings and their endless spinoffs. Of course, because the rankings are so influential, they are ignored only at one’s peril. They can and do matter. Ask any admissions director, and they’ll tell you why.

However, I have good reason to suspect that much of the obsession is due to too many denizens of higher education allowing their own self-images to be unduly shaped by those rankings. Intellectually, they know the U.S. News rankings are problematic, yet they buy into them. Beset by what I call the “good student” syndrome, they look externally for validation, rather than creating their own markers for evaluating quality and success. True, most of us do that to some extent, but here it can be taken to extremes.

The whole deal breeds a lot of insecurity and elitism among a bunch of people already susceptible to both. Former college president and physicist Robert Fuller has coined a term for this dynamic. He calls it “rankism,” or the abuse of rank-based privilege.

A better measure of institutional quality?

In the wake of these rankings has come a second generation of metrics and measures of institutional quality, infused with talk of “outcomes,” “assessments,” and “returns on investment.” This is the commoditization of higher learning, and it is contributing to the decline of important disciplines such as history, philosophy, and the liberal arts in general. It’s largely about training new worker bees, and measuring their schools by how much money their graduates are earning.

I propose an alternative measure of college quality, one that is concededly difficult, if not downright impossible, to package in purely numerical terms. In a reflective essay about my own undergraduate experiences at Valparaiso University in northwest Indiana (“Homecoming at Middle Age,” The Cresset, 2017; link here), I wrote the following:

Currently the higher education industry is positively obsessed with “assessments” and “outcomes,” educational jargon for figuring out what students learned. Well, here’s a longer-range outcome for colleges and universities to consider: How are your graduates turning out in life? If my friends are any indication, then Valparaiso can stand proud on this measure. They have turned out darn well, in myriad ways. Amid differences in life choices, family arrangements, political views, incomes, faith traditions, and vocational paths, they are grounded people leading good and meaningful lives. Some have met significant challenges with courage and determination.

In sum, this obsession with college prestige and reputation has gone too far. And while vocational considerations are certainly important in terms of post-secondary learning, a higher education should include a healthy dose of ideas, concepts, information, and experiences that don’t necessarily translate into a paycheck. Indeed, perhaps that education might even transmit the kind of values that would discourage someone from paying a huge bribe to get their child into a chosen school. Imagine that.

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Related writings

I’ve written a couple of law review articles about the influence of the rankings culture on aspects of legal education:

  • Way back in 1997, I wrote one of the first law review articles critiquing ranking schemes of law schools, “Same Old, Same Old: Law School Rankings and the Affirmation of Hierarchy” (Suffolk University Law Review; free download here). I pulled a few punches, as I was a very junior professor writing on a topic that had yet to be explored in legal scholarship, and my caution shows. However, I think it anticipates the fuller criticisms that have followed.
  • The rankings and prestige obsessions have infected the world of scholarly publication as well. I wrote a critique of the culture of legal scholarship and suggested alternatives in a more recent law review article, “Therapeutic Jurisprudence and the Practice of Legal Scholarship” (University of Memphis Law Review, free download here). If I may be immodest, it is one of my best long-form, essay-type writings.

Pixar animated film captures workplace diversity challenges in 8 minutes

Pixar has released a great little animated film that beautifully captures the challenges of building workforce diversity in the midst of a white male “bro” culture, starring a ball of yarn named Purl. Emily Canal, writing for Inc., explains:

In Pixar’s new animated short, Purl enters the office on her first day of work and quickly realizes she doesn’t look or behave like the other employees. For starters, they’re all white men clad in identical suits and acting just like their company’s name, B.R.O. Capital, might suggest. Meanwhile, Purl is a fuzzy pink ball of yarn.

…The short emphasizes the importance of workplace inclusivity and diversity as Purl is ignored, shut down at meetings, and excluded from out-of-office bonding events simply because she’s different. The film’s writer and director, Kristen Lester, drew on her own experiences in the animation industry for Purl’s story. 

“My first job, I was the only woman in the room,” Lester said in a behind-the-scenes clip. “So in order to do the thing I loved, I sort of became one of the guys.”

That’s exactly what Purl does. She refashions herself into a knitted business suit, ditches her desk decorations, and embraces a personality that mirrors what she sees around her. She’s instantly accepted by her male colleagues but at the sacrifice of her identity.

It’s excellent. You can click on the image above or here to watch it.

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Hat tip to Adeline Moya for the Inc. article and video.

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