Cher Scarlett

Cher Scarlett
Scarlett in 2021
Born	1984/1985 (age 36–37)[1]
Occupation	Software engineer
Known for	Workers' rights advocacy
Notable work	#AppleToo movement

Cher Scarlett (born 1984 or 1985) is an American software engineer. She is known for her workers' rights advocacy and organizing at Apple, Activision Blizzard, and Starbucks. She was a leader of the #AppleToo movement, which gathers and shares stories of mistreatment from current and former Apple employees, and filed complaints against the company with the National Labor Relations Board and U.S. Securities and Exchange Commission.

Scarlett has successfully lobbied for labor rights laws in Washington state and advocated for Apple shareholder proposals regarding civil rights and concealment clauses.

Early life and education[]

Scarlett was born in Walla Walla, Washington,^[2] and grew up in Kirkland with her mother, who worked in construction. Her father and step-father were mostly absent from her life. She said she grew up poor,^[1] coming from generational poverty in a family of farm laborers that settled in Eastern Washington descended from the Volga Germans.^[3]

She attended Juanita High School in the early 2000s,^[2] and says she earned a nearly perfect score on the SAT.^[1] Scarlett was interested in science and video gaming, and says she wanted to be a scientist and go to space after being a junior astronaut and studying biotechnology while in school.^[1][4][5] She taught herself to code during middle school, creating a website for her guild in EverQuest^[1][5] and continued experimenting with web development on the blogging platform LiveJournal.^[1]

Scarlett experienced sexual abuse at a young age, and when she was in high school began battling drug addiction, eventually dropping out and attempting to overdose. Prior to starting her career, Scarlett worked as a stripper, but says getting pregnant prompted her to change her life.^[1]

Career and activism[]

2007–2015[]

In 2007, Scarlett worked briefly in a web development position at a real-estate firm. She worked as a freelance developer until 2011, when she was recruited as a web developer at USA Today, where her manager referred to her as a "talented developer".^[1]

Activision Blizzard (2015–2016)[]

In 2015, Scarlett was hired as a software engineer at Activision Blizzard and worked on their Battle.net platform.^[1][6] While there, she pressed the human resources department on gender-based pay discrimination and sexism she had observed.^[1][7] She said that her manager and she developed the games publisher's first interactive esports brackets and esports data API,^[8] and her manager told The Washington Post that she was an "incredibly driven" employee and "shows passion with every project she works on and she doesn't stop until she gets it right."^[1]

Scarlett left Blizzard in 2016, and in 2021, provided testimony to the California Department of Fair Employment and Housing as part of a lawsuit alleging systemic discrimination, sexual harassment, and retaliation.^[7] Scarlett encouraged others to come forward, helped direct them to the agency,^[1][9] and later supported a walkout staged by current workers.^[10] Scarlett alleged in the amended lawsuit she was groped by Alex Afrasiabi, a former developer of World of Warcraft (WoW), at a work event,^[11] who was named as "a blatant example" of Blizzard's "refusal to deal with a harasser because of his seniority/position," and that she had been told by a friend that he had done the same to her the year prior at BlizzCon.^[12] Afrasiabi was fired in 2020.^[13]

Scarlett spoke publicly about what she alleged to be poor treatment of female employees through underpayment, sexual harassment, and abuse.^[7] Scarlett alleged that she was unfairly reprimanded, touched inappropriately, and sexually harassed on a regular basis.^{[6][14][15][16]} Scarlett and others referred to the behavior described in the lawsuit as normalized at the company,^[14][15] Scarlett saying, "this behavior was normal and protected here".^[14] She outed the unnamed chief technology officer (CTO) from the lawsuit as Ben Kilgore in a series of tweets, claiming he had been the subject of numerous complaints about inappropriate behavior, some of which had also been reported to authorities years earlier.^[17] This was later corroborated by Bloomberg and The Wall Street Journal.^[14][18] Kilgore was terminated in 2018.^[18]

She also spoke about what she said was improper handling of a 2018 incident when she outed one of Overwatch League's unpaid moderators for previously hoarding and distributing revenge porn.^[17] The moderator was removed from his role without notice, and his public complaints about the company's treatment of volunteer workers went viral, gaining significant sympathy from the community.^[19] A few hours later, Scarlett wrote a Medium post about her history with the moderator, dating back to 2012 when Twitch was still small and she livestreamed WoW.^[20] The moderator initially denied the allegations, but later retracted his denial and apologized.^[21] Blizzard later dissolved community moderation teams.^[20]

Scarlett criticized working in a "dream job" like Blizzard.^[11][14] She said that because of the sacrifices employees make to get there, "you ignore everything that's happening because you want to be there so badly" and "you stop seeing things that are bad as bad."^[14] The company said it appreciated Scarlett's bravery in coming forward, and said they were prioritizing equity and safety in the workplace.^[1]

2016–2020[]

Scarlett joined World Wide Technology in 2016, working there until 2017, when she was recruited at Starbucks as a lead software engineer, where she worked remotely from Greater St. Louis, Missouri.^[1][22] At Starbucks, she joined a successful campaign to address gender-based pay disparities. After leaving in 2019 to work at Webflow, she wrote about what she alleged to be a practice at Starbucks of paying lower wages to workers in areas that were predominantly Black or had high proportions of underrepresented groups. She continued to write, primarily advocating for equity in tech,^[1] and became a maintainer for a website that advocates for healthy work–life balance in tech, 1x.engineer, a play on the heavily stereotyped idea of a "10x engineer".^[23]

Apple (2020–2021)[]

In April 2020, Scarlett began working as a principal software engineer on Apple's software security team,^{[24][25][26][27]} where she worked remotely from St. Louis, and later, the Seattle metropolitan area.^[1][22]

A year into her employment, Scarlett got involved in workplace activism in the company's Slack, which was repeatedly leaked to the press.^[28][29] Scarlett became the most vocal, public-facing advocate for workplace issues at Apple,^[27][30][31] where employees previously rarely spoke to the media, especially about the company's "unprecedented" secretive culture. Scarlett was credited for inspiring others to speak out, but was also criticized for breaking the company's unwritten rules, such as not speaking unsolicited about Apple publicly.^[27][32][33] She said that while hundreds of people asked for help with concerns around pay equity, discrimination, and restrictive remote work policies, she was also accused of ruining the company’s culture.^[1][30][34] Scarlett said that Apple's "cult-like" and "self-policing" culture of loyalty and secrecy has discouraged employees from speaking out,^[26][22] and told The New York Times, "Never have I met people more terrified to speak out against their employer".^[28]

Scarlett requested medical leave in September 2021,^[33] saying that harassment from colleagues began to affect her mental health.^[1] She said that while discussing her request, Apple asked her to stop discussing the company publicly tweeting that executives said she was "giving them a lot of headaches".^[35] She said she felt forced to comply, and was subsequently granted paid time off (PTO) instead of medical leave.^[22] Scarlett described several incidents of harassment from colleagues at Apple, including a "nasty email" from a teammate she tried unsuccessfully to address with their manager,^[33][22] accusations of leaking confidential information, anonymous hateful messages on various platforms, obscene submissions to her compensation survey, and an incident of doxing on Blind.^{[1][30][33][36]} Though the company helped her take safety precautions, Scarlett said that Apple enabled the abuse by not condemning the behavior.^[33]

On November 19, 2021, after briefly returning to work,^[37] Scarlett quit,^[29][33][38] later alleging she was isolated, intimidated and retaliated against, after filing National Labor Relations Board (NLRB) and U.S. Securities and Exchange Commission (SEC) complaints against the company.^[33][39]

Antonio García Martínez[]

In May 2021, Scarlett tweeted that she was "gutted" by the hiring of Antonio García Martínez, and that she "believe[d] in leadership to do the right thing".^[27] García Martínez had previously written in a book that women in the Bay Area were "soft and weak, cosseted and naive". Scarlett edited a letter that a group of employees had drafted to send to management, which spoke out against the hire as not being aligned with Apple's diversity and inclusion (D&I) policies and made a list of demands.^[1][31][40] After the letter leaked to the press,^[1][32] Scarlett's tweet about García Martínez appeared in Bloomberg,^[41] which she said triggered an onset of abuse, based on misconceptions that she had written the letter.^[33][22]

Scarlett said she was contacted by the company's public relations department, who seemed only interested in suppressing bad publicity.^[1] She gave a quote to CNN, saying she "trust[ed] in Apple's culture", but the hire was "starkly contradictory" of her feelings.^[33][22][42] Garcia Martinez was quickly fired,^[32] and Apple commented that "Behavior that demeans or discriminates against people for who they are has no place [at Apple]."^[1]

Remote work advocacy[]

Around June 2021, during the COVID-19 pandemic, Apple announced they would be requiring most employees to return to working in the office several days a week.^[1][24] Scarlett helped to lead employees in organizing to be allowed to continue working remotely.^[24] Scarlett tweeted about the importance of remote work for disabled employees, caregivers, and workers from poverty.^[1] She encouraged some colleagues to request accommodations under the Americans with Disabilities Act of 1990 to continue working from home. She later tweeted a medical release form she was given, which gave the company access to medical records normally protected by Health Insurance Portability and Accountability Act, which made Scarlett and other employees uncomfortable.^[30][43]

Apple responded to the group’s requests for more flexible remote work policies stating that "in-person collaboration is essential" to the company’s culture and future. Scarlett criticized the company’s response saying, "There’s this idea that people skateboarding around tech campuses are bumping into each other and coming up with great new inventions. That’s just not true," pointing to the company's already-distributed workforce.^[24][44]

Apple's return-to-work plans were later delayed several times due to surging COVID-19 cases.^[45][46]

#AppleToo movement and Apple Together[]

Scarlett, along with Janneke Parrish, was a leader of the #AppleToo movement.^[28] In August 2021, the group created a website and Medium page, on which they posted anonymous reports of mistreatment, including verbal and sexual abuse, retaliation, discrimination, poor working conditions, and unequal pay experienced by Apple employees and contractors.^[28][26] Scarlett said the group received over 600 stories from employees.^[47] Parrish was later fired,^[33] and the group started more formally organizing as Apple Together,^[48] where Scarlett and Parrish are reportedly supporting retail unionization efforts.^[49] Organizers said that they are not being paid fairly for the work they are doing, and that many are struggling to survive.^[49][50] Scarlett asked The Washington Post, "If the richest company in the world won’t pay its workers enough to live, who will?"^[49]

Apple has said that they trust in their "framework for the implementation and oversight of [Apple's] human rights commitments",^[51] and that they have "always strived to create an inclusive, welcoming workplace where everyone is respected and accepted".^[1]

Pay equity and NLRB charge[]

On September 1, 2021, Scarlett filed a charge with the NLRB, alleging that Apple had violated the law in stopping employees from discussing their salaries and gathering data to examine racial or gender-based wage gaps.^{[1][52][47][53]} A month prior, she launched a wage transparency survey at the company, after the company shut down previous attempts by other employees.^{[1][27][31][33]} It gained over 3,000 submissions.^{[27][31][22][33]}

Scarlett and the company reached a non-board settlement in November 2021,^[38] which included a severance of one year's pay to be split with her attorneys, and withdrawal of the charge, under the condition that Apple make a "public, visible affirmation" that employees could freely discuss workplace conditions and pay. In December, Scarlett said that Apple had not made changes to the settlement requested by the NLRB, and the withdrawal was subsequently denied by the agency.^[54] The company posted the stipulated notice,^[55] but only during the week of Thanksgiving, which Apple had given the entire company off.^[56] As a result, she said that Apple had not upheld the agreement, and she would not be making another request to withdraw the charge.^[54][57][58] As of February 2022, the charge was still being investigated by the agency.^[39]

Scarlett's allegations with the NLRB, along with other employee activism around D&I, prompted SOC Investment Group, Trillium Asset Management, and Service Employees International Union to introduce a shareholder proposal for a "civil-rights audit." The proposal cited diversity statistics, and alleged that the company's public philanthropy in racial justice is not reflected in the company's own workforce, writing, "It is unclear how Apple plans to address racial inequality in its workforce,"^[59] and Scarlett said the company's "behavior is not reflective of the mission and values they portray to their shareholders and the public."^[59] She said charts she tweeted showed "alarming" trends, alleging "white men have much more opportunities to advance within the company, and are more likely to be working in technical roles". She said her coworkers wanted "a third-party investigation into salary data, or an audit that [employees] have insight into."^[60] Apple recommended shareholders vote against the proposal,^[60] but on March 4, 2022 shareholders voted in favor of the proposal.^[61]

Apple has stated that they examine compensation annually and ensure that they maintain pay equity,^[28] that the company, through existing policies and practices, already meet the objectives of the civil-rights audit,^[61] and that "underrepresented communities represent nearly half of the U.S. workforce".^[60]

NDA and SEC whistleblowing[]

In fall 2021, Ifeoma Ozoma, a public policy specialist, non-profit shareholder advocacy group Open MIC,^[62] and social impact investing firms Whistle Capital and Nia Impact Capital (Nia)^[63] filed a shareholder proposal at Apple on the use of concealment clauses.^[64] On October 25, 2021, Scarlett filed a whistleblower complaint with the SEC over Apple's statements in a no-action letter claiming that the company does not use non-disclosure agreements" (NDAs) in the context of harassment, discrimination, and other unlawful acts."^[65] Scarlett provided the SEC and, later, Nia, with the NDA that Apple had included as a part of a separation agreement, which she had refused to sign. In the complaint, Scarlett alleged that Apple had tried to stipulate that she describe her choice to "leav[e] the company [as] being a personal decision, rather than fleeing a hostile work environment".^[65] Ashley Gjøvik, a former program manager at Apple, also filed a complaint, saying she believed Apple had made false statements. Apple's no-action request was subsequently denied by the SEC.^[66]

During the course of her settlement negotiations with Apple, Scarlett also asked for the company to add the language "Nothing in this agreement prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful," which came from a law that would be effective in California a few months later in January 2022. The company refused at the time, but later said in a proxy statement to the SEC, which recommended that shareholders vote against the proposal, that it would add the language to all separation agreements in the United States.^[65][67] Shareholders voted to approve the proposal on March 4, 2022.^[35]

Scarlett received less than half a year's severance,^[65][54] and received notice Apple would not be paying her attorneys, or making future severance and COBRA payments, because she "repeatedly" breached her NDA. The letter also stated Apple was "preserving its right to seek liquidated damage for each separate breach", to which Scarlett said, "I don't have anything for them to take".^[68] In an essay for The Olympian, Scarlett, along with Gretchen Carlson and Julie Roginsky, who had both signed NDAs in settlements with Fox News, described a financial cost to speaking out and being driven from their careers and urged Washington to pass legislature making such NDAs illegal.^[69]

After leaving Apple in November 2021, Scarlett accepted a position with the nonprofit Seattle Cancer Care Alliance.^[48] During her background screening, it was discovered that Apple had furnished her job title incorrectly as "associate" to Equifax's employment verification databases, causing a delay in her hiring, and eventually the job offer being rescinded. A lawyer, Laurie Burgess, said the practice of reporting false job titles, which it follows for all past employees, may be illegal. Scarlett filed a retaliation complaint with the SEC, which is reportedly being investigated, along with her previous tip, after eight state officials urged the agency to look into Scarlett's allegations.^[39][70]

2021–present[]

Scarlett is on the Tech Worker Committee of The Solidarity Fund, an emergency fund for Apple and Netflix workers involved with organizing.^[71][72] The fund was created by Liz Fong-Jones and .^[73] Of the fund, Scarlett said, "There’s a solidarity movement happening and there are hundreds of people from different parts of the company that are coming together to support the most vulnerable".^[72] In December 2021, Apple Together advertised the fund to encourage workers to strike in solidarity with workers at a retail store in Jacksonville, Florida.^[74][75][76] According to Jess Kutch, who co-founded Coworker.org, the call to action resulted in a real time increase of "significantly large" contributions from Apple employees.^[77]

Legislation[]

Whistleblower protection[]

In 2021, Scarlett was assisted by Ozoma in lobbying for legislation in her home state of Washington similar to the Silenced No More Act,^[78] a bill Ozoma worked on with California lawmakers that prevents employers from silencing whistleblowers.^[79] Scarlett worked with Senator Karen Keiser and House Representative Liz Berry on bills presented to the Washington State Senate and Washington House of Representatives in the 2022 Washington State Legislature session.^[78][80]

On January 18, 2022, Scarlett, along with Chelsey Glasson,^[34] who was also credited with inspiring the bills,^[80] testified in support of HB 1795. Scarlett testified in support of the bill a second time, on February 17, 2022, after the bill was passed through the House. Scarlett argued that confidentiality clauses make "corporations the judges and juries of their own wrongdoing".^[81][82] Of her testimony, Scarlett said the legislation was needed to "eradicate abuses that fester in tech," but also in other industries, like Washington's agriculture industry, which is among the state's largest economy drivers.^[34] Testimony from the Deputy Director of Columbia Legal Services, Blanca Rodriguez, expanded how NDAs are used to silence farm laborers.^[3] Scarlett also provided similar testimony to for SB 5520.^[83]

HB 1795 was passed into law on March 3, 2022.^[84]

Wage transparency[]

In 2022, Scarlett lobbied for SB 5761, a bill that requires employers to post salary information on its job postings, including for internal transfers for existing employees. Scarlett had relocated while she was at Apple and requests for her new compensation were unanswered until after she moved. Scarlett testified in support of the bill on February 16, 2022, and spoke about her own wages being suppressed during her career because her past employers asked for her salary expectations, instead of sharing what the role paid. She said that underrepresented groups are often not in a position to negotiate, and the "veil of secrecy" around compensation results in wage gaps. The bill was passed into law on March 1, 2022.^[85][86][87]

Personal life[]

As of January 2022, Scarlett resided in Kirkland with her child, and was married, but did not reside with her husband and his child.^[88] She has Bipolar I disorder and ADHD.^[1][24][33]

Scarlett is active on Twitter, where she is known for her advocacy for marginalized groups.^[1]

See also[]

• Timnit Gebru
• Chris Smalls
• Sophie Zhang
• Jaz Brisack
• Emma Kinema

References[]