| Revision as of 09:16, 11 June 2022 editSebastien1118 (talk | contribs)60 edits AfD: Nominated for deletion; see Misplaced Pages:Articles for deletion/Ashley Gjøvik← Previous edit | Revision as of 16:39, 12 June 2022 edit undoSebastien1118 (talk | contribs)60 edits This overhaul is due to a large portion of WP:UNDUE weight on a number of parts of this subject's article. Still concerned that this is WP:BIO1E. Condensing this article to its proper weight while the deletion is discussed at AfDTags: Reverted Visual editNext edit → | ||
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| | nationality = <!-- use only when necessary per ] --> | | nationality = <!-- use only when necessary per ] --> | ||
| | other_names = | | other_names = | ||
| | alma_mater = | | alma_mater = | ||
| | occupation = ] | | occupation = ] | ||
| | years_active = | | years_active = | ||
| | employer = | | employer = | ||
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| known_for = Labor activism at ] | ||
| }} | }} | ||
| '''Ashley Gjøvik''' (born {{Birth based on age as of date|35|2021|10|14|mos=1|noage=1}}) is an American ] who is known for her |
'''Ashley Gjøvik''' (born {{Birth based on age as of date|35|2021|10|14|mos=1|noage=1}}) is an American ] who is known for her labor complaints and criticism against ]. | ||
| Apple fired her in September 2021 for leaking confidential ], which Gjøvik denies, alleging she was terminated illegally for raising concerns about employee privacy, safety, harassment, and discrimination. Her firing is being investigated by the ] and the ]. | Apple fired her in September 2021 for leaking confidential ], which Gjøvik denies, alleging she was terminated illegally for raising concerns about employee privacy, safety, harassment, and discrimination. Her firing is being investigated by the ] and the ]. She reported her employee privacy concerns to multiple government bodies in the United States and the United Kingdom, which as of April 2022, were being assessed for merit by the respective agencies. | ||
| Gjøvik made a number of public whistleblower complaints with the ] about Apple. She reported her employee privacy concerns to multiple government bodies in the United States and Europe, which as of April 2022, were being assessed for merit by the respective agencies. | |||
| == Education and career == | == Education and career == | ||
| Gjøvik completed a Bachelor of Science in Liberal Studies from ] in 2012, and earned a ] certification in 2013.<ref>{{cite web|last=Gjøvik|first=Ashley|date=July 24, 2021|title=Ashley Gjøvik|url=https://www.ashleygjovik.com/uploads/1/3/7/0/137008339/ashley_gjovik_resume_-_24_july_2021.pdf|url-status=live|format=PDF|archive-url=https://web.archive.org/web/20210725065652/https://www.ashleygjovik.com/uploads/1/3/7/0/137008339/ashley_gjovik_resume_-_24_july_2021.pdf |archive-date=July 25, 2021}}</ref><ref>{{cite web|title=Ashley M. Gjøvik|url=https://www.businessinsider.com/author/ashley-m-gjovik|url-status=live|access-date=December 31, 2021|website=]|language=en-US|archive-url=https://web.archive.org/web/20211231215455/https://www.businessinsider.com/author/ashley-m-gjovik |archive-date=December 31, 2021 }}</ref> | Gjøvik completed a Bachelor of Science in Liberal Studies from ] in 2012, and earned a ] certification in 2013.<ref>{{cite web|last=Gjøvik|first=Ashley|date=July 24, 2021|title=Ashley Gjøvik|url=https://www.ashleygjovik.com/uploads/1/3/7/0/137008339/ashley_gjovik_resume_-_24_july_2021.pdf|url-status=live|format=PDF|archive-url=https://web.archive.org/web/20210725065652/https://www.ashleygjovik.com/uploads/1/3/7/0/137008339/ashley_gjovik_resume_-_24_july_2021.pdf |archive-date=July 25, 2021}}</ref><ref>{{cite web|title=Ashley M. Gjøvik|url=https://www.businessinsider.com/author/ashley-m-gjovik|url-status=live|access-date=December 31, 2021|website=]|language=en-US|archive-url=https://web.archive.org/web/20211231215455/https://www.businessinsider.com/author/ashley-m-gjovik |archive-date=December 31, 2021 }}</ref> | ||
| Following working for ],<ref name=":13">{{cite news |last=Burton |first=Lucy |date=2022-04-17 |title=Apple whistleblower Ashley Gjøvik: ‘My life is a goddamn nightmare now’ |language=en-GB |work=The Telegraph |url=https://www.telegraph.co.uk/business/2022/04/17/apple-whistleblower-ashley-gjovik-life-goddamn-nightmare-now/ |access-date=2022-04-19 |issn=0307-1235}}</ref> Gjøvik began working at Apple in 2015, and remained there until September 2021, by which time she had become a senior engineering program manager working out of their ] office.<ref name=":14">{{cite news |last=McGee |first=Patrick |last2=Temple-West |first2=Patrick |date=December 13, 2021 |title=Apple faces probe over whether it retaliated against whistleblower |work=] |url=https://www.ft.com/content/973aae8d-21d9-4e84-8912-ead071c7935d |access-date=December 30, 2021}}</ref><ref name=":4" /> While working at Apple, Gjøvik also studied ] at ] and began a ] degree at ] law school.<ref name=":5">{{cite web|last=Gjøvik|first=Ashley|date=September 16, 2021|title=I was fired from Apple after making several labor complaints against the company. Speaking out feels like going up against a powerful government.|url=https://www.businessinsider.com/ashley-gjovik-apple-fired-workplace-safety-sexism-harassment-2021-9|url-status=live|access-date=December 31, 2021|website=]|language=en-US|archive-url=https://web.archive.org/web/20210916101243/https://www.businessinsider.com/ashley-gjovik-apple-fired-workplace-safety-sexism-harassment-2021-9 |archive-date=September 16, 2021}}</ref><ref name=":0">{{cite web |last=Cameron |first=Dell |date=October 14, 2021 |title=Apple Wanted Her Fired. It Settled On an Absurd Excuse |url=https://gizmodo.com/apple-wanted-her-fired-it-settled-on-an-absurd-excuse-1847868789 |url-status=live |archive-url=https://web.archive.org/web/20211015034030/https://gizmodo.com/apple-wanted-her-fired-it-settled-on-an-absurd-excuse-1847868789 |archive-date=October 15, 2021 |access-date=December 30, 2021 |website=] |language=en-us}}</ref><ref name=":13" /> She also worked with a law group that helps ], and has published writing about ], privacy, and human rights.<ref name=":0" /> | Following working for ],<ref name=":13">{{cite news |last=Burton |first=Lucy |date=2022-04-17 |title=Apple whistleblower Ashley Gjøvik: ‘My life is a goddamn nightmare now’ |language=en-GB |work=The Telegraph |url=https://www.telegraph.co.uk/business/2022/04/17/apple-whistleblower-ashley-gjovik-life-goddamn-nightmare-now/ |access-date=2022-04-19 |issn=0307-1235}}</ref> Gjøvik began working at Apple in 2015, and remained there until September 2021, by which time she had become a senior engineering program manager working out of their ] office.<ref name=":14">{{cite news |last=McGee |first=Patrick |last2=Temple-West |first2=Patrick |date=December 13, 2021 |title=Apple faces probe over whether it retaliated against whistleblower |work=] |url=https://www.ft.com/content/973aae8d-21d9-4e84-8912-ead071c7935d |access-date=December 30, 2021}}</ref><ref name=":4">{{cite web |last=Schiffer |first=Zoe |date=September 9, 2021 |title=Apple fires senior engineering program manager Ashley Gjøvik for allegedly leaking information |url=https://www.theverge.com/2021/9/9/22666049/apple-fires-senior-engineering-program-manager-ashley-gjovik-for-allegedly-leaking-information |url-status=live |archive-url=https://web.archive.org/web/20210910025427/https://www.theverge.com/2021/9/9/22666049/apple-fires-senior-engineering-program-manager-ashley-gjovik-for-allegedly-leaking-information |archive-date=September 10, 2021 |access-date=December 30, 2021 |website=] |language=en}}</ref> While working at Apple, Gjøvik also studied ] at ] and began a ] degree at ] law school.<ref name=":5">{{cite web|last=Gjøvik|first=Ashley|date=September 16, 2021|title=I was fired from Apple after making several labor complaints against the company. Speaking out feels like going up against a powerful government.|url=https://www.businessinsider.com/ashley-gjovik-apple-fired-workplace-safety-sexism-harassment-2021-9|url-status=live|access-date=December 31, 2021|website=]|language=en-US|archive-url=https://web.archive.org/web/20210916101243/https://www.businessinsider.com/ashley-gjovik-apple-fired-workplace-safety-sexism-harassment-2021-9 |archive-date=September 16, 2021}}</ref><ref name=":0">{{cite web |last=Cameron |first=Dell |date=October 14, 2021 |title=Apple Wanted Her Fired. It Settled On an Absurd Excuse |url=https://gizmodo.com/apple-wanted-her-fired-it-settled-on-an-absurd-excuse-1847868789 |url-status=live |archive-url=https://web.archive.org/web/20211015034030/https://gizmodo.com/apple-wanted-her-fired-it-settled-on-an-absurd-excuse-1847868789 |archive-date=October 15, 2021 |access-date=December 30, 2021 |website=] |language=en-us}}</ref><ref name=":13" /> She also worked with a law group that helps ], and has published writing about ], privacy, and human rights.<ref name=":0" /> | ||
| == Apple complaints == | == Apple complaints == | ||
| {{See also|Criticism of Apple Inc.}} | {{See also|Criticism of Apple Inc.}} | ||
| After raising concerns internally with Apple, Gjøvik began speaking openly on ] and to press. Her allegations against Apple include mishandling of environmental concerns, violations of employee privacy, ], and ]. Her allegations were under investigation as of December 2021.<ref name=":2" /><ref name=":1" /> Gjøvik said she made $386,000 in 2021 prior to her termination, and is asking for reinstatement if the agencies find that Apple fired her unlawfully.<ref name=":13" /> | |||
| === Environmental health and safety concerns === | |||
| {{See also|List of Superfund sites in California}} | |||
| ⚫ | |||
| Gjøvik said she had fainted at work and did not know why, and that this had contributed to her concerns that Apple had not properly tested the site for contaminants. She also believed Apple had not sufficiently informed employees of the possible health issue.<ref name=":0" /> Gjøvik accused Apple of exposing her and more than 100 other employees in Sunnyvale to hazardous chemicals.<ref name=":13" /><ref name=":11">{{Cite news |last=McGee |first=Patrick |date=2021-09-03 |title=US labour board examines retaliation claims against Apple |work=] |url=https://www.ft.com/content/484fa8be-925e-495c-91ff-54950b112754 |access-date=2022-03-19}}</ref> Gjøvik ultimately filed complaints with the EPA, ] (OSHA), and ] (NLRB). As of 2021, the NLRB and OSHA were investigating Gjøvik’s retaliation complaints.<ref name=":0" /><ref name=":11" /><ref name=":15">{{Cite web |last=Hamilton |first=Isobel Asher |date=14 December 2021 |title=OSHA is investigating Apple over its treatment of employees |url=https://www.businessinsider.com/osha-investigating-apple-over-employees-nyt-ft-reports-2021-12 |access-date=2022-04-20 |website=Business Insider |language=en-US}}</ref> The EPA conducted an on-site visit on August 19, 2021 and determined "the likelihood for vapor intrusion is low and not expected."<ref>{{Cite web |date=2021-10-07 |title=EPA Site Visit and Vapor Intrusion Field Assessment, 825 Stewart Avenue Sunnyvale, CA, TRW Microwave Superfund Site (CERCLIS ID# CAD009159088) |url=https://semspub.epa.gov/work/09/100025885.pdf |access-date=2022-05-29 |website=semspub.epa.gov}}</ref> | |||
| Gjøvik said that when she asked Apple's ] team what options there were for her health-related concerns prior to the company-mandated return-to-office plans following the early ], originally planned for September 1, 2021, but later delayed,<ref>{{cite news|last=Nicas|first=Jack|last2=Isaac|first2=Mike|date=2021-07-20|title=Apple delays its return to office as the Delta variant surges.|language=en-US|work=]|url=https://www.nytimes.com/2021/07/20/technology/apple-return-to-office-delay.html|access-date=2022-01-03|issn=0362-4331}}</ref> she said the representative suggested she file an ] (ADA) ] request to continue ]. She said she was given a ] form to fill out to allow a third-party processor, Sedgwick Claims Management, and Apple to access her medical records. Gjøvik said she refused to fill it out unless only Sedgwick was given access to her medical records. Gjøvik never received the accommodation.<ref name=":10">{{cite web|last=Schiffer|first=Zoe|date=2021-09-30|title=Apple's fortress of secrecy is crumbling from the inside|url=https://www.theverge.com/22700898/apple-company-culture-change-secrecy-employee-unrest|url-status=live|access-date=2022-01-03|website=]|language=en|archive-url=https://web.archive.org/web/20210930190718/https://www.theverge.com/22700898/apple-company-culture-change-secrecy-employee-unrest |archive-date=September 30, 2021 }}</ref> | |||
| === Employee privacy concerns === | |||
| Gjøvik has spoken publicly about privacy concerns as an Apple employee. In 2018, Gjøvik's engineering team was involved in a lawsuit, and because she had worked on a project that was relevant to the lawsuit, lawyers requested files from her phone and computer and told her not to delete any files. Gjøvik said her team had recommended against keeping separate phones for her personal and professional use, a practice that other Apple employees also said was commonplace.<ref name=":0" /><ref name=":2" /> Gjøvik had personal documents on the phone, including nude photographs, and when she asked if she could delete the photographs, she said the lawyers said no.<ref name=":2">{{Cite web|last=Schiffer|first=Zoe|date=August 30, 2021|title=Apple cares about privacy, unless you work at Apple|url=https://www.theverge.com/22648265/apple-employee-privacy-icloud-id|url-status=live|access-date=December 30, 2021|website=]|language=en|archive-url=https://web.archive.org/web/20210830163913/https://www.theverge.com/22648265/apple-employee-privacy-icloud-id |archive-date=August 30, 2021 }}</ref> | |||
| "Glimmer", formerly known as "Gobbler", was an internal tool that was created to test Apple's ] software before its 2017 launch. The app took photos and brief videos when it sensed a face.<ref name=":2" /> Gjøvik described the app as "]", saying, "It was taking photos of me in my home, in my bathroom, in bed, anywhere I had my phone{{nbsp}}... And it stored these photos ''somewhere'' and uploads them ''sometimes'' to ''some place''— didn't tell us much". Gjøvik had signed an ] form before the app was installed, though Gjøvik and other Apple staff have alleged that agreeing to help test software like Glimmer on company-owned devices was expected of them, with Gjøvik referring to the practice as a "loyalty test". Uploads containing photos or other sensitive data was done manually by employees. Some non-sensitive data was uploaded automatically unless employees turned it off.<ref name=":0" /><ref name=":2" /> | |||
| Gjøvik spoke to press about her concerns pertaining to data privacy with an internal ] tool called "Radar", which stores reports indefinitely and has broad defaults for employee access. Apple instructs its employees not to upload sensitive, confidential, or private data to work tools like Radar. Gjøvik filed a bug report in 2019 about Apple's photo search software returning "a selfie I took of myself in bed after laparoscopic surgery to treat my ]" when she entered the search term "infant".<ref name=":2">{{Cite web|last=Schiffer|first=Zoe|date=August 30, 2021|title=Apple cares about privacy, unless you work at Apple|url=https://www.theverge.com/22648265/apple-employee-privacy-icloud-id|url-status=live|access-date=December 30, 2021|website=]|language=en|archive-url=https://web.archive.org/web/20210830163913/https://www.theverge.com/22648265/apple-employee-privacy-icloud-id |archive-date=August 30, 2021 }}</ref> The report could not be subsequently removed, and the default sharing settings allowed Apple's entire software engineering team to view the details of the report.<ref name=":2">{{Cite web|last=Schiffer|first=Zoe|date=August 30, 2021|title=Apple cares about privacy, unless you work at Apple|url=https://www.theverge.com/22648265/apple-employee-privacy-icloud-id|url-status=live|access-date=December 30, 2021|website=]|language=en|archive-url=https://web.archive.org/web/20210830163913/https://www.theverge.com/22648265/apple-employee-privacy-icloud-id |archive-date=August 30, 2021 }}</ref> | |||
| In September 2021, Gjøvik criticized Apple's employee privacy policy, which she says states that workers have no expectation of privacy when using a personal device for Apple business. She says the implication of possible employee surveillance under the policies led her to walk around her apartment and unplug all of her electronics and remove all of her personal information off of Apple's servers.<ref>{{Cite web|last=Roach|first=Sarah|date=2021-09-20|title=Worker surveillance is making employees miserable|url=https://www.protocol.com/workplace/worker-surveillance-is-making-employees-miserable|access-date=2022-01-03|website=Protocol — The people, power and politics of tech|language=en}}</ref> | |||
| In April 2022, she brought her complaints to the ], lodging a complaint with the ] (ICO). She also brought the complaint to ICO's counterpart in ], the ] in ], and the non-profit privacy protection organization ]. The ICO said they are assessing the concerns, which allege unlawful data collection and invasion of employee privacy, raised by Gjøvik.<ref>{{Cite news |last=Burton |first=Lucy |date=2022-04-10 |title=Apple whistleblower brings spying claims to UK |language=en-GB |work=The Telegraph |url=https://www.telegraph.co.uk/business/2022/04/10/apple-whistleblower-brings-spying-claims-uk/ |access-date=2022-04-17 |issn=0307-1235}}</ref> | |||
| === Harassment and discrimination === | |||
| {{See also|AppleToo}} | {{See also|AppleToo}} | ||
| Gjøvik has alleged that Apple pressured her into revealing details of ] she had experienced after she mentioned the incident in an unrelated meeting with a member of Apple's ] department. She said that Apple took no action related to her report except to reveal her to the employee she had accused.<ref name=":0" /> Gjøvik also complained to Apple about sex discrimination from a male manager, and Apple closed an investigation into the incident finding no wrongdoing. Following the closure of the investigation, she wrote on Twitter about the experience on August 2, 2021, "Wanted to share: #Apple employee relations confirmed this #] is totally ok feedback for me to get from my #bigtech #male leaders & not #sexist. As this investigation rolls on, I've decided to start Tweeting the stuff they say is 'ok.' I mean, they did say it was ok?" In the tweet, she attached a screenshot of feedback from a manager who wrote that he "didn't hear you ]" and that she "came across as much more authoritative".<ref name=":3">{{cite web|last=Schiffer|first=Zoe|date=August 4, 2021|title=Apple places female engineering program manager on administrative leave after tweeting about sexism in the office|url=https://www.theverge.com/2021/8/4/22610112/apple-female-engineering-manager-leave-sexism-work-environment|url-status=live|access-date=December 31, 2021|website=]|language=en|archive-url=https://web.archive.org/web/20210804212749/https://www.theverge.com/2021/8/4/22610112/apple-female-engineering-manager-leave-sexism-work-environment |archive-date=August 4, 2021}}</ref><ref name=":4">{{cite web|last=Schiffer|first=Zoe|date=September 9, 2021|title=Apple fires senior engineering program manager Ashley Gjøvik for allegedly leaking information|url=https://www.theverge.com/2021/9/9/22666049/apple-fires-senior-engineering-program-manager-ashley-gjovik-for-allegedly-leaking-information|url-status=live|access-date=December 30, 2021|website=]|language=en|archive-url=https://web.archive.org/web/20210910025427/https://www.theverge.com/2021/9/9/22666049/apple-fires-senior-engineering-program-manager-ashley-gjovik-for-allegedly-leaking-information |archive-date=September 10, 2021}}</ref> Apple opened a second investigation into the allegations in August 2021, and she was placed on paid administrative leave.<ref name=":3" /> Apple has said they "don't discuss any individual employee matters, out of respect for the privacy of the people involved", and "are and have always been deeply committed to creating and maintaining a positive and inclusive workplace," and they "take all concerns seriously" and "thoroughly investigate whenever a concern is raised."<ref name=":12" /> | |||
| === Administrative leave and firing === | |||
| Gjøvik alleges that after raising concerns internally and speaking publicly about her concerns with Apple, she was ] repeatedly, and was reassigned.<ref name=":1" /> On August 4, 2021, Apple placed her on indefinite paid administrative leave for the duration of the investigation, which she said she requested as a "last resort", and which she later described as "forced" and as a "]" in her complaint filed with OSHA.<ref name=":3" /><ref name=":4" /><ref name=":7">{{cite news|last=Browning|first=Kellen|date=December 13, 2021|title=The Labor Department is investigating Apple's treatment of employees.|language=en-US|work=]|url=https://www.nytimes.com/2021/12/13/technology/apple-labor-investigation-employees.html|access-date=December 31, 2021|issn=0362-4331}}</ref><ref>{{Cite web |last=Snider |first=Mike |date=2021-10-17 |title=Fired co-leader of #AppleToo worker activist group to file federal complaints |url=https://www.usatoday.com/story/tech/2021/10/17/apple-fires-employee-worker-activist-group/8491106002/ |access-date=2022-04-25 |website=] |language=en-US}}</ref> Gjøvik subsequently filed additional various complaints about Apple with the ] OSHA, the ] (DFEH), the ] (EEOC), and the ].<ref>{{cite news|last=Nicas|first=Jack|last2=Browning|first2=Kellen|date=September 17, 2021|title=Tim Cook Faces Surprising Employee Unrest at Apple|language=en-US|work=]|url=https://www.nytimes.com/2021/09/17/technology/apple-employee-unrest.html|access-date=December 30, 2021|issn=0362-4331}}</ref> Both the DFEH and EEOC issued Gjøvik ] letters, which enable her to file discrimination lawsuits at the state or federal level.<ref>{{cite web|last=Hays|first=Kali|date=10 September 2021|title=Program manager fired by Apple allegedly over workplace complaints receives right to sue from federal agency|url=https://www.businessinsider.com/fired-apple-engineer-ashley-gjvik-gets-right-to-sue-from-eeoc|url-status=live|access-date=2022-01-03|website=]|language=en-US|archive-url=https://web.archive.org/web/20210911015509/https://www.businessinsider.com/fired-apple-engineer-ashley-gjvik-gets-right-to-sue-from-eeoc |archive-date=September 11, 2021 }}</ref><ref name=":12">{{cite web|last=Savov|first=Vlad|last2=Eidelson|first2=Josh|date=9 September 2021|title=Apple Fires Manager Who Complained; She Gains Right to Sue|url=https://www.bloomberg.com/news/articles/2021-09-10/apple-fires-manager-who-complained-allegedly-for-leaking-data|url-status=live|access-date=2022-01-03|website=]|archive-url=https://web.archive.org/web/20210910090826/https://www.bloomberg.com/news/articles/2021-09-10/apple-fires-manager-who-complained-allegedly-for-leaking-data |archive-date=September 10, 2021}}</ref> | |||
| ⚫ | In March 2021, after receiving notification about forthcoming required<ref>{{Cite web |last=US EPA |first=OLEM |date=2015-09-23 |title=Vapor Intrusion at Superfund Sites |url=https://www.epa.gov/vaporintrusion/vapor-intrusion-superfund-sites |access-date=2022-04-25 |website=www.epa.gov |language=en}}</ref> ] testing, Gjøvik raised concerns that Apple had not properly tested for contaminants and exposed her and more than 100 other employees to hazardous chemicals at the Sunnyvale office where she had worked, which is located on a ] site. She says she was told not to discuss her concerns with other employees and subsequently harassed and humiliated.<ref name=":1">{{Cite news|last=McGee|first=Patrick|last2=Temple-West|first2=Patrick|date=December 13, 2021|title=Apple faces probe over whether it retaliated against whistleblower|work=]|url=https://www.ft.com/content/973aae8d-21d9-4e84-8912-ead071c7935d|access-date=December 30, 2021}}</ref><ref name=":0" /><ref name=":13" /><ref name=":11">{{Cite news |last=McGee |first=Patrick |date=2021-09-03 |title=US labour board examines retaliation claims against Apple |work=] |url=https://www.ft.com/content/484fa8be-925e-495c-91ff-54950b112754 |access-date=2022-03-19}}</ref> Gjøvik ultimately filed complaints with the EPA, ] (OSHA), and ] (NLRB). As of 2021, the NLRB and OSHA were investigating Gjøvik’s retaliation complaints.<ref name=":0" /><ref name=":11" /><ref name=":15">{{Cite web |last=Hamilton |first=Isobel Asher |date=14 December 2021 |title=OSHA is investigating Apple over its treatment of employees |url=https://www.businessinsider.com/osha-investigating-apple-over-employees-nyt-ft-reports-2021-12 |access-date=2022-04-20 |website=Business Insider |language=en-US}}</ref> The EPA said that Apple did not open the location until indoor air sampling in 2015 confirmed it was safe,<ref>{{Cite web |last=US EPA |first=OLEM |date=August 2021 |title=Superfund Sites in Reuse in California |url=https://www.epa.gov/superfund-redevelopment/superfund-sites-reuse-california |access-date=2022-03-19 |website=] |language=en}}</ref> and conducted an on-site visit on August 19, 2021 and determined "the likelihood for vapor intrusion is low and not expected."<ref>{{Cite web |date=2021-10-07 |title=EPA Site Visit and Vapor Intrusion Field Assessment, 825 Stewart Avenue Sunnyvale, CA, TRW Microwave Superfund Site (CERCLIS ID# CAD009159088) |url=https://semspub.epa.gov/work/09/100025885.pdf |access-date=2022-05-29 |website=semspub.epa.gov}}</ref> | ||
| On August 26, 2021, Gjøvik filed a charge with the NLRB, alleging retaliation as well as harassment by a manager and forced administrative leave.<ref>{{cite web|last=Savov|first=Vlad|last2=Eidelson|first2=Josh|date=September 10, 2021|title=Apple Fires Manager Who Complained; She Gains Right to Sue|url=https://www.bloomberg.com/news/articles/2021-09-10/apple-fires-manager-who-complained-allegedly-for-leaking-data|url-status=live|access-date=December 30, 2021|website=]|archive-url=https://web.archive.org/web/20210910090826/https://www.bloomberg.com/news/articles/2021-09-10/apple-fires-manager-who-complained-allegedly-for-leaking-data |archive-date=September 10, 2021 }}</ref> In October 2021, Gjøvik filed a whistleblower complaint with the ] (SEC) about alleged false statements by Apple to the SEC, pertaining to Apple's ] filed earlier that month stating that their "policy is not to use clauses]]".<ref name=":8" /> ] also filed a whistleblower complaint with the SEC about the no-action letter, providing the agency with a ] she was offered earlier that month.<ref>{{cite web|last=Drange|first=Matt|date=November 22, 2021|title=Apple told the SEC it doesn't silence employees regarding workplace harassment or discrimination. New whistleblower documents show that isn't true.|url=https://www.businessinsider.com/apple-sec-response-under-scrutiny-after-whistleblower-comes-forward|url-status=live|access-date=December 31, 2021|website=]|language=en-US|archive-url=https://web.archive.org/web/20211123083725/https://www.businessinsider.com/apple-sec-response-under-scrutiny-after-whistleblower-comes-forward |archive-date=November 23, 2021 }}</ref> The no-action filing was subsequently denied by the SEC.<ref name=":8">{{cite news|last=Love|first=Julia|last2=Nellis|first2=Stephen|date=December 22, 2021|title=U.S. SEC allows Apple shareholder's push for details on non-disclosure|language=en|work=]|url=https://www.reuters.com/legal/litigation/us-sec-denies-apples-bid-dismiss-shareholder-proposal-concealment-clauses-2021-12-22/|access-date=December 30, 2021}}</ref> | |||
| In August 2021, Gjøvik spoke publicly about concerns as an Apple employee, after she says internal investigations into ] and ] complaints were closed without action.<ref name=":0" /> She says after speaking publicly about her concerns she was ] repeatedly, and was reassigned.<ref name=":1" /> Apple opened a new investigation into her claims, during which time Gjøvik requested and was granted a "paid administrative leave" to mitigate what she described as a hostile work environment during the investigation. She later described the paid leave as "forced" and as a "]" in her complaint filed with OSHA.<ref name=":3">{{cite web |last=Schiffer |first=Zoe |date=August 4, 2021 |title=Apple places female engineering program manager on administrative leave after tweeting about sexism in the office |url=https://www.theverge.com/2021/8/4/22610112/apple-female-engineering-manager-leave-sexism-work-environment |url-status=live |archive-url=https://web.archive.org/web/20210804212749/https://www.theverge.com/2021/8/4/22610112/apple-female-engineering-manager-leave-sexism-work-environment |archive-date=August 4, 2021 |access-date=December 31, 2021 |website=] |language=en}}</ref><ref name=":4" /><ref name=":7">{{cite news |last=Browning |first=Kellen |date=December 13, 2021 |title=The Labor Department is investigating Apple's treatment of employees. |language=en-US |work=] |url=https://www.nytimes.com/2021/12/13/technology/apple-labor-investigation-employees.html |access-date=December 31, 2021 |issn=0362-4331}}</ref><ref>{{Cite web |last=Snider |first=Mike |date=2021-10-17 |title=Fired co-leader of #AppleToo worker activist group to file federal complaints |url=https://www.usatoday.com/story/tech/2021/10/17/apple-fires-employee-worker-activist-group/8491106002/ |access-date=2022-04-25 |website=] |language=en-US}}</ref> Apple has said they "are and have always been deeply committed to creating and maintaining a positive and inclusive workplace," and they "thoroughly investigate whenever a concern is raised."<ref name=":12">{{cite web |last=Savov |first=Vlad |last2=Eidelson |first2=Josh |date=9 September 2021 |title=Apple Fires Manager Who Complained; She Gains Right to Sue |url=https://www.bloomberg.com/news/articles/2021-09-10/apple-fires-manager-who-complained-allegedly-for-leaking-data |url-status=live |archive-url=https://web.archive.org/web/20210910090826/https://www.bloomberg.com/news/articles/2021-09-10/apple-fires-manager-who-complained-allegedly-for-leaking-data |archive-date=September 10, 2021 |access-date=2022-01-03 |website=]}}</ref> | |||
| On September 9, 2021, a member of Apple's human resources team contacted her, asking to speak about "a sensitive ] matter". Gjøvik replied that she would speak to them, but that the conversation would need to be captured in writing, and she would forward it to the NLRB.<ref name=":0" /><ref name=":4" /> Apple replied, "Since you have chosen not to participate in the discussion{{nbsp}}... we will move forward with the information that we have" and suspended her employee access. She was formally fired in a third email later that day which stated she had "engaged in conduct that warrants termination of employment, including, but not limited to, violations of Apple policies". The violations claimed by Apple were that she had "disclosed confidential product-related information in violation of Apple policies" and that she had "failed to cooperate and to provide accurate and complete information during the Apple investigatory process".<ref name=":0" /><ref name=":4" /> Gjøvik has denied these allegations, referring to the termination as retaliation for speaking out and filing complaints about the company with multiple agencies. She later filed additional charges with the NLRB and the ] for retaliation, which are being investigated by the respective parties.<ref name=":7" /><ref>{{cite web|last=Hays|first=Kali|date=September 16, 2021|title=Apple hit by another NLRB charge for firing senior manager who complained of harassment|url=https://www.businessinsider.com/apple-hit-by-second-nlrb-charge-retaliation-against-ashley-gjovik-2021-9|url-status=live|access-date=December 31, 2021|website=]|language=en-US|archive-url=https://web.archive.org/web/20210917050848/https://www.businessinsider.com/apple-hit-by-second-nlrb-charge-retaliation-against-ashley-gjovik-2021-9 |archive-date=September 17, 2021}}</ref><ref>{{cite news|last=Fried|first=Ina|date=December 14, 2021|title=Labor Department digs into complaint against Apple|work=]|url=https://www.axios.com/labor-department-apple-complaint-fe68fb24-6cc7-4d4c-9c58-16e17e13db94.html|access-date=December 31, 2021}}</ref> | |||
| Also in August 2021, Gjøvik criticized employee privacy policies, including a practice what she and other Apple employees to be a practice of the company to recommend against keeping separate devices for personal and professional use and to expect employees to test software on company-owned devices, which Gjøvik described as a "loyalty test".<ref name=":2">{{Cite web |last=Schiffer |first=Zoe |date=August 30, 2021 |title=Apple cares about privacy, unless you work at Apple |url=https://www.theverge.com/22648265/apple-employee-privacy-icloud-id |url-status=live |archive-url=https://web.archive.org/web/20210830163913/https://www.theverge.com/22648265/apple-employee-privacy-icloud-id |archive-date=August 30, 2021 |access-date=December 30, 2021 |website=] |language=en}}</ref><ref name=":0" /> She criticized internal tools such as Apple's ] testing software as "]", which took photos and brief videos when it sensed a face.<ref name=":2" /> Gjøvik had signed an ] form before the app was installed, Uploads containing photos or other sensitive data was done manually by employees. Some non-sensitive data was uploaded automatically unless employees turned it off.<ref name=":0" /><ref name=":2" /> Gjøvik ultimately filed employee privacy complaints with the NLRB and ] in the ].<ref>{{Cite news |last=Burton |first=Lucy |date=2022-04-10 |title=Apple whistleblower brings spying claims to UK |language=en-GB |work=The Telegraph |url=https://www.telegraph.co.uk/business/2022/04/10/apple-whistleblower-brings-spying-claims-uk/ |access-date=2022-04-17 |issn=0307-1235}}</ref><ref name=":9">{{Cite web |last=Eidelson |first=Josh |date=October 12, 2021 |title=Apple CEO's Anti-Leak Edict Broke Law, Ex-Employee Alleges |url=https://www.bloomberg.com/news/articles/2021-10-12/apple-ceo-s-anti-leak-edict-broke-the-law-ex-employee-alleges |url-status=live |archive-url=https://web.archive.org/web/20211013081511/https://www.bloomberg.com/news/articles/2021-10-12/apple-ceo-s-anti-leak-edict-broke-the-law-ex-employee-alleges |archive-date=October 13, 2021 |access-date=December 30, 2021 |website=]}}</ref> | |||
| Gjøvik had previously posted on Twitter a photograph of herself that had been taken by Glimmer, and screenshots of an email that asked her to volunteer to have her ears ] to aid in ] development. On September 15, 2021, she was asked to remove the two tweets in an email from the ] law firm, on behalf of Apple. The email claimed the tweets were violating a confidentiality agreement she had signed when she first joined the company. Gjøvik complied with the request to remove the tweets, though in communications via a lawyer to Apple she argued that the material she had shared was not labeled confidential and did not contain anything secret or ], and that the photograph of her could not reasonably be argued to be ] by Apple.<ref name=":0" /> | |||
| Gjøvik was terminated by Apple in a September 2021 that stated she had "engaged in conduct that warrants termination of employment, including, but not limited to, violations of Apple policies". The violations claimed by Apple were that she had "disclosed confidential product-related information in violation of Apple policies" and that she had "failed to cooperate and to provide accurate and complete information during the Apple investigatory process".<ref name=":0" /><ref name=":4" /> Gjøvik has denied these allegations, referring to the termination as retaliation for speaking out and filing complaints about the company with multiple agencies.<ref name=":0" /><ref name=":4" /> | |||
| Following her termination and subsequent retaliation charges, Gjøvik filed an additional charge with the NLRB against Apple in October 2021 following news of a company-wide ] from ] sent to employees on September 21, 2021.<ref name=":9" /> The memo was criticized for conflating product leaks with employee activism around workplace conditions, and for including the line, "people who leak confidential information do not belong here," which some interpreted as threatening.<ref>{{cite web|last=Schiffer|first=Zoe|date=2021-09-22|title=Tim Cook says employees who leak memos do not belong at Apple, according to leaked memo|url=https://www.theverge.com/2021/9/22/22687747/tim-cook-employee-leak-memos-do-not-belong-at-apple|access-date=2022-01-03|website=The Verge|language=en}}</ref> Gjøvik alleged that the memo violated the ] in her charge, and additionally challenged several policies in the employee handbook that she said illegally inhibit staff from exercising their federally-protected rights to talk to the press, discuss wages, and post on social media. She, and some other legal professionals, believe that this particular charge, if prosecuted, could overturn a "]" precedent governing workplace policies involving ] from December 2017, which weigh employee rights against legitimate business interests.<ref>{{Cite web|last=Mak|first=Aaron|date=2021-10-27|title=How Leakers Get Dealt With in Silicon Valley|url=https://slate.com/technology/2021/10/facebook-frances-haugen-apple-google-whisteblowers-leaks.html|url-status=live|access-date=2022-01-03|website=]|language=en|archive-url=https://web.archive.org/web/20211027194651/https://slate.com/technology/2021/10/facebook-frances-haugen-apple-google-whisteblowers-leaks.html |archive-date=October 27, 2021 }}</ref><ref>{{Cite web|title=NLRB Establishes New Standard Governing Workplace Policies, and Upholds No-Camera Policy in Boeing|url=https://www.nlrb.gov/news-outreach/news-story/nlrb-establishes-new-standard-governing-workplace-policies-and-upholds-no|url-status=live|access-date=2022-01-03|website=]|language=en|archive-url=https://web.archive.org/web/20171223055522/https://www.nlrb.gov/news-outreach/news-story/nlrb-establishes-new-standard-governing-workplace-policies-and-upholds-no |archive-date=December 23, 2017 }}</ref> She also said she hopes to disrupt the company's culture of secrecy.<ref name=":9" /> | |||
| == See also == | == See also == | ||
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Program manager and whistleblower
| Ashley Gjøvik | |
|---|---|
 | |
| Born | 1985 or 1986 (age 38–39) |
| Occupation | Program manager |
| Known for | Labor activism at Apple Inc. |
Ashley Gjøvik (born 1985 or 1986) is an American program manager who is known for her labor complaints and criticism against Apple Inc.
Apple fired her in September 2021 for leaking confidential intellectual property, which Gjøvik denies, alleging she was terminated illegally for raising concerns about employee privacy, safety, harassment, and discrimination. Her firing is being investigated by the Occupational Safety and Health Administration and the National Labor Relations Board. She reported her employee privacy concerns to multiple government bodies in the United States and the United Kingdom, which as of April 2022, were being assessed for merit by the respective agencies.
Education and career
Gjøvik completed a Bachelor of Science in Liberal Studies from Portland State University in 2012, and earned a Project Management Professional certification in 2013.
Following working for Nike, Inc., Gjøvik began working at Apple in 2015, and remained there until September 2021, by which time she had become a senior engineering program manager working out of their Sunnyvale, California office. While working at Apple, Gjøvik also studied transitional justice at University of Oxford and began a Juris Doctor degree at Santa Clara University law school. She also worked with a law group that helps asylum seekers, and has published writing about public health, privacy, and human rights.
Apple complaints
See also: Criticism of Apple Inc. See also: AppleTooIn March 2021, after receiving notification about forthcoming required vapor intrusion testing, Gjøvik raised concerns that Apple had not properly tested for contaminants and exposed her and more than 100 other employees to hazardous chemicals at the Sunnyvale office where she had worked, which is located on a Superfund site. She says she was told not to discuss her concerns with other employees and subsequently harassed and humiliated. Gjøvik ultimately filed complaints with the EPA, Occupational Safety and Health Administration (OSHA), and National Labor Relations Board (NLRB). As of 2021, the NLRB and OSHA were investigating Gjøvik’s retaliation complaints. The EPA said that Apple did not open the location until indoor air sampling in 2015 confirmed it was safe, and conducted an on-site visit on August 19, 2021 and determined "the likelihood for vapor intrusion is low and not expected."
In August 2021, Gjøvik spoke publicly about concerns as an Apple employee, after she says internal investigations into sexual harassment and sexism complaints were closed without action. She says after speaking publicly about her concerns she was retaliated against repeatedly, and was reassigned. Apple opened a new investigation into her claims, during which time Gjøvik requested and was granted a "paid administrative leave" to mitigate what she described as a hostile work environment during the investigation. She later described the paid leave as "forced" and as a "suspension" in her complaint filed with OSHA. Apple has said they "are and have always been deeply committed to creating and maintaining a positive and inclusive workplace," and they "thoroughly investigate whenever a concern is raised."
Also in August 2021, Gjøvik criticized employee privacy policies, including a practice what she and other Apple employees to be a practice of the company to recommend against keeping separate devices for personal and professional use and to expect employees to test software on company-owned devices, which Gjøvik described as a "loyalty test". She criticized internal tools such as Apple's Face ID testing software as "spyware", which took photos and brief videos when it sensed a face. Gjøvik had signed an informed consent form before the app was installed, Uploads containing photos or other sensitive data was done manually by employees. Some non-sensitive data was uploaded automatically unless employees turned it off. Gjøvik ultimately filed employee privacy complaints with the NLRB and Data Protection Information Commissioner’s Office in the United Kingdom.
Gjøvik was terminated by Apple in a September 2021 that stated she had "engaged in conduct that warrants termination of employment, including, but not limited to, violations of Apple policies". The violations claimed by Apple were that she had "disclosed confidential product-related information in violation of Apple policies" and that she had "failed to cooperate and to provide accurate and complete information during the Apple investigatory process". Gjøvik has denied these allegations, referring to the termination as retaliation for speaking out and filing complaints about the company with multiple agencies.
See also
References
- ^ Cameron, Dell (October 14, 2021). "Apple Wanted Her Fired. It Settled On an Absurd Excuse". Gizmodo. Archived from the original on October 15, 2021. Retrieved December 30, 2021.
- Gjøvik, Ashley (July 24, 2021). "Ashley Gjøvik" (PDF). Archived (PDF) from the original on July 25, 2021.
- "Ashley M. Gjøvik". Business Insider. Archived from the original on December 31, 2021. Retrieved December 31, 2021.
- ^ Burton, Lucy (April 17, 2022). "Apple whistleblower Ashley Gjøvik: 'My life is a goddamn nightmare now'". The Telegraph. ISSN 0307-1235. Retrieved April 19, 2022.
- McGee, Patrick; Temple-West, Patrick (December 13, 2021). "Apple faces probe over whether it retaliated against whistleblower". Financial Times. Retrieved December 30, 2021.
- ^ Schiffer, Zoe (September 9, 2021). "Apple fires senior engineering program manager Ashley Gjøvik for allegedly leaking information". The Verge. Archived from the original on September 10, 2021. Retrieved December 30, 2021.
- Gjøvik, Ashley (September 16, 2021). "I was fired from Apple after making several labor complaints against the company. Speaking out feels like going up against a powerful government". Business Insider. Archived from the original on September 16, 2021. Retrieved December 31, 2021.
- US EPA, OLEM (September 23, 2015). "Vapor Intrusion at Superfund Sites". www.epa.gov. Retrieved April 25, 2022.
- ^ McGee, Patrick; Temple-West, Patrick (December 13, 2021). "Apple faces probe over whether it retaliated against whistleblower". Financial Times. Retrieved December 30, 2021.
- ^ McGee, Patrick (September 3, 2021). "US labour board examines retaliation claims against Apple". Financial Times. Retrieved March 19, 2022.
- Hamilton, Isobel Asher (December 14, 2021). "OSHA is investigating Apple over its treatment of employees". Business Insider. Retrieved April 20, 2022.
- US EPA, OLEM (August 2021). "Superfund Sites in Reuse in California". Environmental Protection Agency. Retrieved March 19, 2022.
- "EPA Site Visit and Vapor Intrusion Field Assessment, 825 Stewart Avenue Sunnyvale, CA, TRW Microwave Superfund Site (CERCLIS ID# CAD009159088)" (PDF). semspub.epa.gov. October 7, 2021. Retrieved May 29, 2022.
- Schiffer, Zoe (August 4, 2021). "Apple places female engineering program manager on administrative leave after tweeting about sexism in the office". The Verge. Archived from the original on August 4, 2021. Retrieved December 31, 2021.
- Browning, Kellen (December 13, 2021). "The Labor Department is investigating Apple's treatment of employees". The New York Times. ISSN 0362-4331. Retrieved December 31, 2021.
- Snider, Mike (October 17, 2021). "Fired co-leader of #AppleToo worker activist group to file federal complaints". USA Today. Retrieved April 25, 2022.
- Savov, Vlad; Eidelson, Josh (September 9, 2021). "Apple Fires Manager Who Complained; She Gains Right to Sue". Bloomberg. Archived from the original on September 10, 2021. Retrieved January 3, 2022.
- ^ Schiffer, Zoe (August 30, 2021). "Apple cares about privacy, unless you work at Apple". The Verge. Archived from the original on August 30, 2021. Retrieved December 30, 2021.
- Burton, Lucy (April 10, 2022). "Apple whistleblower brings spying claims to UK". The Telegraph. ISSN 0307-1235. Retrieved April 17, 2022.
- Eidelson, Josh (October 12, 2021). "Apple CEO's Anti-Leak Edict Broke Law, Ex-Employee Alleges". Bloomberg. Archived from the original on October 13, 2021. Retrieved December 30, 2021.
