Fair Play

Terms defined: active bystander, ally, bullshit, commons, implicit bias, lending privilege, preparatory privilege

This book is about course projects, which are often designed to prepare you for real jobs (). Since the transition from being a student to working full time is one of the most important in your career, this chapter looks at the hiring process and what happens afterward.

There is no way to discuss these topics without talking about fairness and bias in the tech industry. I was interviewing for a new job as I was writing this book, and while some companies' interviewing processes were designed to create a level playing field, others were not (and that's putting it politely). How companies get this wrong contributes to how they sometimes build things that harm society and embarrass their creators. It easy to avoid these mistakes if you are willing to look beyond the code you write; that first step is often the hardest, but I hope this discussion will help you take it.

How Tech Companies Get Hiring Wrong

In 1905, Harvard began selecting students based on their College Entrance Exam Board results. As a result, Jewish enrolment began to rise, and by the early 1920s they made up more than a fifth of the incoming class. This wasn't an outcome the establishment was willing to accept, but neither were explicit quotas, so they moved the goalposts Karabel2006. Admissions officers began asking questions about the "character" of prospective students, and the university began asking for personal essays that could be graded however the university found most convenient. By 1933, the rate of Jewish admission was back down to an "acceptable" 15%.

Harvard's decision to turn away more capable people in favor of less capable ones doesn't make sense if you think that a university's job is to find and train the smartest people it can. It makes more sense when you realize that most institutions' first priority is to perpetuate themselves: if it wasn't, they probably wouldn't still be around.

Similarly, the hiring process at many tech companies isn't designed to find the best programmers: instead, it is designed (or more often has just evolved) to find people who are like those doing the hiring. "Cultural fit" almost always means "like me": consciously or not, we are all biased toward those who look like us, talk like us, and make the same pop culture references as us, which has nothing to do with on-the-job ability Greenwald1995,Jost2009.

One way this bias shows up is in whiteboard coding questions about linked lists, dynamic programming, and other topics from computer science classes on data structures and algorithms. As Hillel Wayne discovered when he looked at their history, they might have indicated how much experience someone had using C or Pascal in the 1980s, but they have no more to do with on-the-job performance than the essay questions used by Ivy League schools have to do with your ability to learn. When April Christina Curley, a recruiter at Google, began coaching Black students how to prepare for interviews with Google that included questions like these, the company shut her down—even though schools like Stanford had been running coaching sessions for their students for years Tiku2021.

Behroozi2019,Behroozi2020a,Behroozi2020b summarize many other things that often go wrong in hiring, from long delays waiting for feedback to asking candidates to spend several days working for free on programming assignments. These aren't just signs of dysfunctional company culture: they also make hiring harder for some people than others. For example, a single parent or someone caring for a relative with chronic illness may not be able to devote ten hours to an unpaid side project. If the interview process requires that, the company is effectively biased toward people who are economically secure and have lots of free time, which doesn't correlate with how well they can program in a full-time job.

A sign of privilege

You probably won't be treated with any more respect on the job than you were while interviewing. However, when I wrote, "If a company does any of these things, go find another one," in the first draft of this chapter, one of the reviewers wrote, "Gosh, it must be nice to be able to walk away from a job." They were right: most people aren't as financially secure as me, so they aren't able to be as finicky about who they work for as I am. In other words, I made the same mistake as a team lead who assumed that since their evenings and weekends were theirs to do with as they wished, everyone else's would be too.

As a student looking for your first full-time job you probably won't have any control over the hiring process, but seeing whether the company does it well or not gives you valuable information about how well run it is. Here are a few positive indicators:

Write inclusive, accessible job ads.
Gaucher2011 is just one of many studies showing that gendered wording in job ads reinforces gender inequality in male-dominated occupations. Gender Decoder and GenderMag can help you find bugs like this in ads and software Hilderbrand2020. Tools for finding and eliminating racial bias and other problems aren't as common, but Washington2020 will tell you what to aim for, and if WebAIM WAVE doesn't give your online job ads a clean bill of health, please fix them.
Post a public description of the hiring process.
Automattic's description is a good example: it lays out what's going to happen in what order, how much time is expected, and the principles everything is based on.
Use blinded screening.
Everyone has implicit biases, and many of the rules scientists follow when running experiments are designed to prevent their biases contaminating their results (). The same is true of hiring, and so is the solution. For example, my first-round interview with Automattic was done over Slack so that my appearance, my accent, or the fact that I sometimes need a couple of moments to collect my thoughts wouldn't bias the interviewer. Similarly, companies should redact things like a candidate's age, race, and gender when evaluating resumes.
Use diverse interview panels.
Giving people from under-represented backgrounds a say in who's hired next gives other people with similar backgrounds a better chance of being treated fairly.
Have candidates solve realistic problems with their preferred tools.
Most programmers have laptops, and video calls are now a part of everyday life in industrialized countries, so there's no reason not to give people an hour to show what they can do using the IDE of their choice. There is also no reason to stop them using online search while they do this: every working programmer relies on our external collective memory, so telling a candidate they can't during an interview is like telling a chef to make a meal without using saucepans or knives.

These guidelines apply to your school and your courses as well. Are course descriptions and course websites inclusive? Are instructors required to use blinded grading to ensure that personal likes and dislikes don't affect grades? If the answers are "no", what can you and your classmates do to fix things?

Questions to ask

I have interviewed people who didn't ask a single question about the company, what an average day would look like, or how their career might evolve. Julia Evans has a good list of questions to ask in interviews, and T. Carter Baxter has another. There won't be time to get to them all, but asking two or three will impress your interviewer as well as giving you valuable information.

On the Job

Unfair treatment doesn't end after people are hired. Study after study has shown that men and women are treated differently on the job: women have to work twice as hard to be given half as much credit, they are listened to less often or given less credit for new ideas, and what is seen as confidence in men is seen as pushiness or stridency in women Gavett2017. People of color are undermined and discounted in the same way in majority-white workplaces in Europe and North America, and discrimination based on race, faith, and caste are endemic in the rest of the world as well.

Many companies have taken steps to remedy this during hiring. However, hiring more people from under-represented groups doesn't make a difference if they have to work twice as hard to be taken half as seriously, if they are constantly passed over for promotion, or if discussions about promotion continue to take place in the men's locker room after the department's Friday afternoon hockey game. There are no easy fixes to these problems, but there are things companies can do that you can ask for even as a junior hire:

Share data on how well the company has been doing recently.
It's reasonable to ask during an interview what proportion of a company's staff (technical and otherwise) come from under-represented backgrounds and about the average length of stay at the company. If the interviewer doesn't know the answer, they should be able to get it; if the company doesn't have that data or won't share it, you've just learned something.
Have an org chart.
As we said in , every organization has a power structure: the only question is whether it's public and accountable, or whether the organization runs on who you know and how willing people are to barge in on strangers.
Have written criteria for performance reviews.
The ones shown in are a good model, and these are something a company can share before hiring you. If a company doesn't have criteria, or if performance reviews are only done when an employee asks for one, the system is once again biased toward extroverts and the well-connected.
Specify how much time employees can take off.
Some tech companies have an "unlimited vacation" policy, meaning that employees can take as much time off as they want as long as their work gets done. This sounds very attractive, but people actually take less time off under these policies, both because they feel guilty and because they worry about taking too much. It also saves companies money: if someone is owed vacation days when they're laid off, the company has to compensate them, but if there's no target, they don't.

Being an Ally

But suppose you are a straight, physically able, white or Asian male without mental health issues—why should you care about people who are marginalized because they aren't these things? One argument is self-interest: study after study has shown that more diverse teams perform better, that companies with more diverse management are more profitable, and so on Zhan2020.

Setting limits

Men who want an excuse to continue to be assholes sometimes try to be clever with words and talk about "diversity of thought," meaning, "I should be allowed to be offensive as long as I don't raise my voice." This is an example of the paradox of tolerance: if a group is tolerant without limit, it will eventually be undermined by the intolerant taking advantage of that. As James Baldwin said, "We can disagree and still love each other unless your disagreement is rooted in my oppression and denial of my humanity and right to exist."

Another reason to care about these issues is that discussion of fair play stops being theoretical as soon as we talk about your rights as an employee. Until recently there has been less discussion of this in tech than of intellectual property rights (), but in the wake of incidents like Google's decision to fire the AI researcher Timnit Gebru, programmers are belatedly realizing that the industry they have created will treat them just as callously as it treats everyone else.

Standing up to a bad boss or an unfair professor is easier in theory than in practice, though, because the student's evaluation of the professor doesn't affect the professor nearly as much as the professor's evaluation of the student affects the student. This imbalance is why management fads like "radical candor" are bullshit (in the technical sense of the word Frankfurt2005). The idea that everyone should say what they think is appealing in theory; in practice, managers will brush aside the fact that they can fire people who say things they don't like and blame the marginalized for not speaking out more or more loudly.

The only effective way to address power disparities like these is collective action: many people with relatively little power can defend their rights if they band together. Forty years of sustained disinformation from the rich and powerful have made many people believe that collectives are intrinsically inefficient or that they stifle innovation; ironically, the entrepreneurs and CEOs who are the most vocal proponents unrestricted capitalism all organize their companies along socialist lines Phillips2019.

As an example of what working together looks like, consider the difference between a ride-sharing company like Uber and the house-cleaning company Up & Go. Uber uses its control of the app that connects customers with drivers to extract profits by squeezing drivers. In contrast, the people who work for Up & Go own the app as a group; 5% of what customers pay goes to its upkeep, and the rest goes to the workers Thompson2019. There might be one less billionaire in the world, but everyone else benefits.

Up & Go is an example of a commons: something managed jointly by a community according to rules they have evolved themselves. All three parts of that definition are essential: a commons isn't just a shared pasture or an open source software stack; it also includes the community that shares it and the rules they use to do so Bollier2014,Ostrom2015. As Mildenberger2019 describes, the idea of "the tragedy of the commons" gets things completely wrong: people exploiting a shared resource so much that it collapses is what happens when a commons breaks down.

Your politics is showing

An early reviewer of this material asked whether it was appropriate for me to put so much of my personal politics into it. I pointed out that many schools have a course on the business of software that talk exclusively about for-profit startups backed by private investors and venture capital. Choosing to discuss those topics is equally political—it's just more common.

Other reviewers have pointed out that telling people they should support fair play because it will benefit them implies that they would have no reason to do so if it didn't. The idea that people should only act out of self-interest is also political, and one I strongly disagree with. However, people like Brad (whom we met in ) have been conditioned to believe that being cynical is the same thing as being smart; I have found out the hard way that if I say, "Do the right thing because it's the right thing," the people whose behavior most needs to change won't listen.

You might think there isn't a lot you can do as a student or as a junior programmer to fix what's broken in our industry, but there is. An ally is a someone with unearned advantages who tries to understand their own privilege and create an environment that's fair for everyone. As this guide from the Digital Library Foundation explains, there are several ways to be an active bystander, i.e., several ways to lend your privilege to defuse situations and defend people who are being attacked.

Not acting is a choice as well

said that an organization's culture is defined by the worst behavior it tolerates Gruenert2015; I believe that who we are as individuals is defined in the same way.

Dobbin2019 (summarized in Dobbin2020) found that most of what American companies have done over the past twenty years to reduce sexual harassment and discrimination has either had no effect or made things worse. The reason is that the people who care don't gain anything from being told they should, while the people who are part of the problem resent being told that and tend to take out their anger on the people the training is meant to protect.

However, Dobbin2019 also found that what did make a difference was showing people how to intervene, since this made them more likely to do so (in the same way that having some first aid training makes you more likely to take action in a crisis). An example of this kind of training is the guidelines in Aurora2018 for responding to Code of Conduct violations (). On a smaller scale, your instructor can have you work through scenarios like this one with your teammates and the rest of your class:

Some of the students in a team project course are openly gay. Some other students have privately told the instructor that they would rather not be in the same teams as the gay students for religious reasons. How should the instructor respond?

Another scenario might be:

Your and your teammates frequently work together in the business school library (which has better WiFi and more comfortable chairs than the computer labs). Every time you do, one of your teammates makes a point of sitting beside some younger students that they find attractive and talking with them. It's clear from those students' body language that they find the attention unwelcome; you've pointed this out to your teammate, but their behavior has continued. What should you do next?

Neither of these scenarios is about programming, but I hope you understand by now that the success or failure of your project depends on a lot more than just the code you write. Learning how to handle situations like these may also help you become more compassionate: if you've never had to worry about them, the odds are that (in John Scalzi's memorable analogy) you've been playing at the lowest difficulty level there is your whole life, and as a result don't realize how much harder things are for others whose default setting isn't "easy mode" Scalzi2012.

How far back should we go?

Preparatory privilege is the advantage someone has in a supposedly objective assessment as a result of opportunities earlier in life that other people didn't have. Ignoring it is like ignoring the difference between professional athletes who are paid to train all day and amateurs whose jobs only allow them to train in the evening or on weekends, or pretending that people doing interviews in their second or third language are on an equal footing with people who are interviewing in their native language.

But imagine you're about to have a meeting with someone. There's a box with half a dozen cookies in the room, so you help yourself to a couple before the other person shows up. When they do, you have to make a choice: do you say, "I've already had two, so I should only have one more and you should get three" or, "There were four cookies in the box when you arrived, so we get two each" (meaning that you will have had four in total).

Most people would say that the first answer is the moral one—in my experience, people who don't aren't people you'd want on your team. On the other hand, if I had a couple of cookies yesterday or last week, I probably won't feel obliged to give you more than half today. Is it a company's responsibility to take past inequities into account when hiring?

If the company is interested in on-the-job performance, the answer is "yes". Going back to the athletic analogy, an amateur who can run a hundred meters in 12 seconds could perform better than a professional who can do it in 11 once they start training full-time, i.e., once their disadvantage is removed. Similarly, female students are less likely to be called on in class and more likely to be given non-coding tasks in team projects than male students. If they can get a B despite that, they will probably outperform a male student who only gets an A with the deck stacked in his favor, provided the company treats both equally after they are hired.

That last statement is where many companies and universities fail despite good intentions. The Centre for Community Organizations has a depressing summary of what it's like to be the "problem" woman of color in the workplace. If what it describes isn't familiar, you might be a part of the problem, just as I was in my teens and twenties.

The Wider World

Between 1985 and 1987, a programming bug in the Therac-25 resulted in six patients being given massive overdoses of radiation, leading to death or serious injury. This incident has been used as a cautionary tale in software engineering courses ever since, but since very few of us write control software for medical radiation machines, this example and others like it seem very abstract.

In the last few years, though, we have all seen first-hand just how much harm software can do to everyone. A decade ago, Facebook discovered that angry people are more likely to engage with the platform, resulting in higher ad revenue for the company Hao2021. Since disinformation and radicalization were profitable, the company did everything it could to deflect criticism and avoid responsibility, even as they fueled the rise of violent nationalism and a campaign of mass murder Rajagopalan2018. By the time COVID-19 began to spread, it and other tech companies had trained people all over the world believe in conspiracy theories rather than medicine, with fatal consequences.

We just sell the poison; we don't administer it

In March 2019, a right-wing terrorist killed 51 people at prayer in Christchurch, New Zealand. Every one of the sources he cited in his manifesto was making money through a store hosted by a company called Shopify; the company didn't end its relationship with any of them.

Ethical failures by programmers now hurt us all. For example, your school might use a piece of software called Proctorio, which records video and audio of you and your screen while you write an exam, then uses algorithms to determine if you're cheating. Nobody outside the company can check those algorithms to see if they're biased against people with nervous tics, and nobody who has ever been the victim of online harassment or stalking should have to agree to invasive surveillance in order to pass a course.

Many of these failures have their roots in a lack of compassion—i.e., in an inability to imagine the world through others' eyes. As Mike Hoye has pointed out, some wayfinding apps for phones have an option to avoid checkpoints; it's unlikely that the people who added that feature ever lost a loved one to a drunk driver.

As a programmer you are able to shape the world in ways that most mad scientists can only dream of, but with great power comes great responsibility Lee1962. If you'd like to understand what we're getting wrong now so that you can avoid making the same mistakes, ask your instructor to accept a report on one of these books for part of your project grade:

The first and biggest mistake many programmers make is building the wrong thing; I hope this book and the ones listed above will help you avoid that trap. lists other books that aren't as specific to tech but which helped me understand the world our programs are used in. Since you probably differ from me in age, geography, and other significant respects, you may find others that help you more. No matter what, the most compassionate thing you can do is ask yourself at every turn, "What will this be like for people who aren't like me?"

Why I write

It's time for a confession. This chapter is the reason I wrote this book. After the 2016 election in the United States, I organized a group of people to write a guide for programmers to stuff that actually matters—the stuff that's in this chapter. That project fizzled out, in part because someone like Brad () wouldn't read something that said, "Programmers are doing harm and maybe you're part of the problem." Bullock2021,Cohen2021,Ferreira2021,Gordon2021,Prioleau2021,Rankin2021 are a sign that these bigger issues might finally be added to the curriculum, but will take a long time to bear fruit. Meanwhile, I hope that starting with time management and version control, then talking about teams and conflict, will give people like Brad (and my younger self) a ramp to walk up instead of a cliff to climb, because if we don't find a way to fix the tech industry our lives are going to keep getting worse.