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Episode 143: PR and Prop 22  -  How Silicon Valley Uses Hollow "Anti-Racist" Posturing to Sell Its Exploitative Business Model

In June 2020, founders of the ride-request app Lyft announced that they had launched “allyship dialogues“ and were committed to fighting “systemic racism” which they said is “deeply rooted in our society.” The same month, an Uber marketing campaign proudly recommended to “racists” that they should “delete Uber,” as they were unwelcome customers. At the same time, the food delivery service app DoorDash announced a series of initiatives to “support Black-owned restaurants.”

Everywhere we turned, as popular uprisings against police violence and white supremacy filled the streets, Silicon Valley gig app companies that rely on and profit from the labor of predominantly Black and brown workers, insisted they too were committed to fighting racial injustice.

But something curious was unfolding at the same time these multi-billion dollar companies paid lip service and made token donations to bail funds and civil rights groups: they were simultaneously pumping tens of millions more on pushing support for Proposition 22 –– a ballot initiative in California — that would exempt app-based transportation and delivery companies from a state law that required them to classify drivers as employees, permitting those companies to not provide essential benefits like healthcare, paid time off, and unemployment insurance.

With 78% of ride-hail app drivers in San Francisco being “people of color” and 55% of Uber drivers in California identifying as such, the law would overwhelmingly impact nonwhite, disproportionately immigrant communities.

Knowing this, and compelled by the broader corporate efforts to exploit the George Floyd uprisings as a branding opportunity, companies like DoorDash, Uber, Lyft and other app-based employers rushed to present the diminishment of worker protections not as manifestly anti-Black and anti-brown anti-labor laws, but actually empowering to drivers of colors.

Spending millions on advertising, a patchwork of large donations to community groups planting op-eds in Black and Hispanic press, and focus-grouped language about employee “freedom,” “independence,” “being your own boss,” “flexibility” and general rise-and-grind framing, SuperPACs alongside Bay Area and LA-based marketing firms aggressively targeted minority communities to back Prop 22, despite all independent analysis and labor organizations insisting it would be bad for workers of color.

On this Season 5 Premiere of Citations Needed, we detail how this plan played out –– and ultimately won, how corporations buy off organizations and adapt nonprofit speak to harm communities of color, and how the idea of “third worker categories” –– like the ones pushed by Uber and Lyft are suspiciously similar to Jim Crow-era efforts to strip black and immigrant workers of the rights white workers were winning under the then-New Deal.

Our guest is Veena Dubal, Professor of Law at the University of California, Hastings College of the Law.

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Guest

Veena Dubal is a Professor of Law at the University of California, Hastings College of the Law in San Francisco. Professor Dubal’s research focuses on the intersection of law, technology and precarious work. Her work has been cited by the California Supreme Court, and her scholarship has been published in the California Law Review, Wisconsin Law Review, Berkeley Journal of Empirical and Labor Law, and Perspectives on Politics. Her writing has also appeared in in The Los Angeles Times, The Guardian, and Slate. Follow her at @veenadubal.

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Show Notes

The New Racial Wage Code

Veena Dubal | May 28, 2021 | Harvard Law and Policy Review

Uber and Lyft Donated to Community Groups Who Then Pushed the Companies’Agenda

Dara Kerr and Maddy Varner | June 17, 2021 | The MarkUp

Uber and Lyft drivers accuse companies of holding up unemployment benefits

Irina Ivanova | April 21, 2020 | CBS News

On-Demand and on-the-edge: Ride-hailing and Delivery Workers in San Francisco

Chris Benner, Erin Johansson, Kung Feng and Hays Witt | May 5, 2020 | UC Santa Cruz Institute for Social Transformation

The shameful ‘Black Lives’ hypocrisy of Uber, Lyft and other gig companies

Cherri Murphy | July 21, 2020 | Voice

Uber Urges Those Who Tolerate Racism to Delete the App

Ian Zelaya | August 28, 2020 | AdWeek

Why Uber and Lyft are taking a page out of big tobacco’s playbook in labor law battle

Veena Dubal | September 11, 2020 | The Guardian

Uber and Lyft used sneaky tactics to avoid making drivers employees in California, voters say. Now, they’re going national.

Faiz Siddiqui and Nitasha Tiku | November 17, 2020 | The Washington Post

Uber, Lyft paid nearly $100K to firm of NAACP leader who backed their ballot measure

Dara Kerr | November 20, 2020 | CNET

Windfall profits and deadly risks: How the biggest retail companies are compensating essential workers during the COVID-19 pandemic

Molly Kinder, Laura Stateler, and Julia Du | November 2020 | Brookings

From Excluded to Essential: Tracing the Racist Exclusion of Farmworkers, Domestic Workers, and Tipped Workers from the Fair Labor Standards Act [PDF]

Rebecca Dixon | May 3, 2021 | National Employment Law Project

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Transcript

For a full transcript of this episode, go here.

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Episode 143: PR and Prop 22  -  How Silicon Valley Uses Hollow "Anti-Racist" Posturing to Sell Its Exploitative Business Model

Comments

So much realness I want to die

Andrea Denault

I joined the patreon after hearing an episode of the podcast on YouTube. I'm really looking forward to digging through the back catalogue of episodes. Good stuff.

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