Ashley Gjøvik

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Ashley Gjøvik
Headshot of Ashley Gjovik
Born1985 or 1986 (age 37–38)[1]
EducationPortland State University (BS)
Santa Clara University School of Law (JD)
OccupationProgram manager
EmployerNortheastern University
Known forWhistleblowing at Apple Inc.

Ashley Gjøvik (born 1985 or 1986) is an American program manager and activist who is known for her whistleblower and labor complaints against Apple Inc. Gjøvik filed legal complaints against Apple with 10 different agencies across the United States and Europe. Most notably, a dismissed whistleblower complaint with the United States Department of Labor (DOL) and several National Labor Relations Board (NLRB) charges—including one meritorious charge that executive communications and rules in the employee handbook about confidentiality violated labor laws.

In September 2021, Gjøvik was terminated by the company for allegedly leaking confidential intellectual property, which Gjøvik denies; she alleges her firing was retaliation for speaking out against the company. She filed formal retaliation complaints with the DOL and the NLRB. As of January 2023, the NLRB had not yet ruled on these charges.

Gjøvik's DOL whistleblower complaint was filed both under the Sarbanes–Oxley Act (SOX) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for her reports to the U.S. Securities and Exchange Commission (SEC) and the United States Environmental Protection Agency (EPA). Both related to concerns about vapor intrusion at Apple's Sunnyvale, California office (Stewart 1), which is located on a Superfund site. In 2023, the EPA concluded vapor intrusion was being prevented at the office. Gjøvik appealed the DOL's CERCLA decision, which is scheduled for a hearing in March 2025.

In May 2024, the portion of a Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit she filed against Apple relating to her claims about Stewart 1 and whistleblower claims under SOX and the Dodd–Frank Wall Street Reform and Consumer Protection Act were dismissed with prejudice.

Education and career[edit]

Gjøvik completed a Bachelor of Science in Liberal Studies from Portland State University in 2012, and earned a Project Management Professional certification in 2013.[2][3]

Following working for Nike, Inc.,[4] 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.[5][6] 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.[7][1][4] She also worked with a law group that helps asylum seekers, and has published writing about public health, privacy, and human rights.[1] She is a member of the International Bar Association and serves on the Anti-Corruption committee as the whistleblowing officer.[8]

Gjøvik obtained her Doctor of Jurisprudence in 2022. She works as a program manager at Northeastern University.[9]

Labor issues and concerns at Apple[edit]

After raising concerns internally with Apple, Gjøvik began speaking openly on Twitter and to press. Her allegations against Apple include mishandling of environmental concerns, violations of employee privacy, harassment, and retaliation.[10][5] Gjøvik said her role was embedded with executives and that she made $386,000 in 2021, which made it harder for her to speak out.[4]

Environmental health and safety concerns[edit]

See also: List of Superfund sites in California and TRW Microwave Superfund

In 2020, Gjøvik wrote an essay for the San Francisco Bay View about a mystery illness she said she experienced while living in a Santa Clara, California apartment complex on a Superfund site. She attributed her symptoms to exposure to volatile organic compounds (VOCs) in the ground[a] through a process called vapor intrusion.[12][13] On March 17, 2021, Gjøvik received an email from Apple's environmental health and safety team notifying staff of forthcoming vapor intrusion testing at her office (Stewart 1), a Sunnyvale building leased by Apple on a Superfund site managed by Northrop Grumman,[5][14][5] which she said sent off "alarm bells."[12] Gjøvik said she had fainted at work and did not know why, leading her to question Apple about prior testing and potential health issues from "chemical exposure." She says she was told not to discuss her concerns with other employees and was subsequently harassed and humiliated.[1][15][5] Gjøvik requested Americans with Disabilities Act of 1990 (ADA) accommodations to avoid working at the office, but refused to fill out a medical release form to allow Apple to access her medical records and never received the accommodation.[16] A study in 2019 determined the issues had been addressed,[1] but she believed employees were exposed to carcinogenic fumes through cracks in the floor.[17] The EPA concluded in 2023 that vapor intrusion was being prevented after site evaluation and field testing.[18][19]

Employee privacy concerns[edit]

In August 2021, Gjøvik and other Apple employees said they were discouraged from keeping separate phones for personal and professional use and were expected to help test software with informed consent.[1][10] In 2018, Gjøvik's engineering team was involved in a lawsuit and her work devices were placed under legal hold. When she asked if she could delete nude photographs on the phone, she said the lawyers said no. Gjøvik also spoke about data privacy concerns of internal tools such as a bug tracking tool called "Radar" and an app for testing Face ID, "Glimmer."[b] The app took photos and brief videos when it sensed a face. She described Glimmer as "spyware" and expressed concern about the inability to delete a 2019 bug report she filed of a selfie she took in bed. Apple instructs its employees not to upload sensitive, confidential, or private data to work tools.[1][10]

In September 2021, Gjøvik criticized Apple's employee privacy policy, which she said states that workers have no expectation of privacy when using a personal device for Apple business. She said 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.[21]

Harassment and discrimination[edit]

See also: AppleToo

Gjøvik alleged that Apple pressured her into revealing details of sexual harassment she experienced after she mentioned the incident in an unrelated meeting with a member of Apple's human resources department. She said that Apple took no action related to her report except to reveal her to the employee she accused.[1] 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 #tonepolicing 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 going up an octave at the end of your statements" and that she "came across as much more authoritative".[22][6] Apple opened a second investigation into the allegations in August 2021, and she was placed on paid administrative leave.[22] Apple 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."[23]

Administrative leave and firing[edit]

Gjøvik said that after raising concerns internally and speaking publicly about her concerns with Apple, she was retaliated against repeatedly, and was reassigned.[5] On August 4, 2021, Apple placed her on indefinite paid administrative leave[c] for the duration of the investigation, which she said she requested as a "last resort."[22]

On September 9, 2021, a member of Apple's human resources team contacted her, asking to speak about "a sensitive Intellectual Property 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.[1][6] Apple replied, "Since you have chosen not to participate in the discussion ... 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".[1][6] Gjøvik denied these allegations, referring to the termination as retaliation for speaking out and filing complaints about the company with multiple agencies.[24][26][27]

On September 15, 2021, Gjøvik received an email from O'Melveny & Myers law firm, on behalf of Apple, with a request to delete two tweets they said violated the confidentially agreement she signed. The tweets were of a photograph of her automatically captured by the Face ID testing app Glimmer and screenshots of an employee email soliciting 3D ear scans related to AirPods development. Gjøvik complied with the request to remove the tweets, but argued via her lawyer that the material she shared was not labeled confidential, did not contain anything proprietary or secret, and that the photograph of her could not reasonably be argued to be copyrighted by Apple.[1]

Legal complaints and litigation against Apple[edit]

Gjøvik ultimately filed complaints with the following 10 agencies:

The DFEH and EEOC issued Gjøvik right to sue letters.[32][23] She asked for reinstatement if the agencies find that Apple fired her unlawfully.[4] The ICO said they were assessing the concerns, which allege unlawful data collection and invasion of employee privacy.[31]

Labor board complaints[edit]

See also: Apple and unions

On August 26, 2021, Gjøvik filed a charge with the NLRB, alleging retaliation as well as harassment by a manager and forced administrative leave.[33]

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 memo from Tim Cook sent to employees on September 21, 2021.[34] 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.[35] Gjøvik alleged that the memo violated the National Labor Relations Act of 1935 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 "Trump Era" precedent governing workplace policies involving Boeing from December 2017, which weigh employee rights against legitimate business interests.[36][37] She also said she hopes to disrupt the company's culture of secrecy.[34]

On January 30, 2023, the NLRB found merit to five charges, one of which was brought by Gjøvik, that "various work rules, handbook rules, and confidentiality rules" imposed by Apple and its executives "tend to interfere with, restrain or coerce employees" from exercising their legal rights to collective action and to speak with the media.[15][17][38] The NLRB has not yet ruled in response to Gjøvik's individual charges.[17][needs update?]

Whistleblower complaints[edit]

In August 2021, Gjøvik filed a whistleblower complaint with the SEC related to the Superfund site at Stewart 1 and a potential conflict of interest with Ronald Sugar, an Apple board member and former CEO of the site's owner Northrop Grumman.[5][28][39] She filed a second SEC complaint in October 2021, about alleged false statements by Apple, pertaining to Apple's no-action letter filed earlier that month stating that their "policy is not to use [concealment] clauses".[40] Cher Scarlett, another Apple whistleblower, filed a similar complaint, providing the agency with a post-employment contract she was offered earlier that month.[41] The no-action filing was subsequently denied by the SEC.[40]

In September and November 2021, she was notified her OSHA retaliation complaint was forwarded to the California Division of Labor Standard Enforcement (DLSE) and her SOX and CERCLA complaints were being dismissed as invalid. Gjøvik escalated the complaint to Seema Nanda, the US Solicitor of Labor.[42] In December 2021, the DOL opened an investigation.[43] It was dismissed again in December 2023. She appealed the CERCLA complaint to be heard by the DOL Office of Administrative Law Judges.[44] A hearing is scheduled for March 2025.[45] Gjøvik said she "kicked-out" the SOX complaint, alleging the DOL engaged in obstruction and extortion, adding it instead to a civil lawsuit. The DLSE complaint was also moved to the lawsuit.[46]

RICO lawsuit[edit]

On September 7, 2023, Gjøvik filed a lawsuit against Apple under the Racketeer Influenced and Corrupt Organizations Act and whistleblower retaliation under SOX and Dodd–Frank Wall Street Reform and Consumer Protection Act. The lawsuit alleged a wide variety of violations, including wire fraud, mail fraud, and securities fraud, as well as state level bribery and extortion.[46] In May 2024, 13 of the lawsuit's 15 claims were dismissed wholly or partially under Federal Civil Rule 12(b)(6). The whistleblower retaliation claims under SOX and Dodd–Frank and claims relating to the Stewart 1 office were dismissed with prejudice. The other claims, including the claim related to the DSLE whistleblower complaint, were dismissed with leave to amend. The remaining two claims, retaliation for safety activities and termination in violation of public policy, and the partial claims, relating to Apple's factory in Santa Clara near her apartment, were not challenged under 12(b)(6).[11]

See also[edit]

Notes[edit]

  1. ^ Gjøvik alleges in her lawsuit against Apple her illness was caused by air emissions from their facility near her apartment complex, referred to as "Aria."[11]
  2. ^ Gjøvik refers to Glimmer by its former code name "Gobbler."[20]
  3. ^ She later describes this leave as a forced suspension.[6][24][25]

References[edit]

  1. ^ a b c d e f g h i j k l 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.
  2. ^ Gjøvik, Ashley (July 24, 2021). "Ashley Gjøvik" (PDF). Archived (PDF) from the original on July 25, 2021.
  3. ^ "Ashley M. Gjøvik". Business Insider. Archived from the original on December 31, 2021. Retrieved December 31, 2021.
  4. ^ a b c d 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.
  5. ^ a b c d e f g h i j McGee, Patrick; Temple-West, Patrick (December 13, 2021). "Apple faces probe over whether it retaliated against whistleblower". Financial Times. Archived from the original on October 26, 2022. Retrieved December 30, 2021.
  6. ^ a b c d e 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.
  7. ^ 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.
  8. ^ "Officer Listing". International Bar Association. Retrieved May 28, 2024.
  9. ^ "Ashley Gjovik". Northeastern University College of Engineering. Retrieved April 5, 2024.
  10. ^ a b c 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.
  11. ^ a b Chen, Edward (May 20, 2024). "Gjovik v. Apple Inc., 23-cv-04597-EMC". Reuters casetext. Retrieved May 25, 2024.
  12. ^ a b Bright, Martin (December 15, 2021). ""Apple poisoned me: physically, mentally, spiritually" - Ashley Gjøvik, who was fired by the tech giant after blowing the whistle on toxic waste under her office, says her fight will go on". Index on Censorship.
  13. ^ Gjøvik, Ashley (March 26, 2021). "I thought I was dying: My apartment was built on toxic waste". San Francisco Bay View. Retrieved April 20, 2022.
  14. ^ Donato-Weinstein, Nathan (July 9, 2015). "Exclusive: Apple signs major lease in north San Jose, marking first significant entry into city". Business Journal. Retrieved March 19, 2022.
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  19. ^ Abreu, Lilian (August 31, 2023). "Northrop Grumman Vapor Intrusion Evaluation Report. Former TRW Microwave Site, 825 Stewart Dr., Sunnyvale, California, TRW Microwave Superfund Site (CERCLIS ID#CAD009159088)" (PDF). epa.gov.
  20. ^ Lomas, Natasha (April 11, 2022). "Ex-Apple employee takes Face ID privacy complaint to Europe". TechCrunch. Retrieved May 30, 2024.
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  22. ^ a b c 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.
  23. ^ a b 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.
  24. ^ a b 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.
  25. ^ Snider, Mike (October 17, 2021). "Fired co-leader of #AppleToo worker activist group to file federal complaints". USA Today. Retrieved April 25, 2022.
  26. ^ Hays, Kali (September 16, 2021). "Apple hit by another NLRB charge for firing senior manager who complained of harassment". Business Insider. Archived from the original on September 17, 2021. Retrieved December 31, 2021.
  27. ^ Fried, Ina (December 14, 2021). "Labor Department digs into complaint against Apple". Axios. Retrieved December 31, 2021.
  28. ^ a b Bubenik, Timothy W. (2021). "Apple Accused of Osha Retaliation Despite the Lack of an Osha Complaint". Martindale-Hubbell.
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  30. ^ a b c Nicas, Jack; Browning, Kellen (September 17, 2021). "Tim Cook Faces Surprising Employee Unrest at Apple". The New York Times. ISSN 0362-4331. Retrieved December 30, 2021.
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  34. ^ a b 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.
  35. ^ Schiffer, Zoe (September 22, 2021). "Tim Cook says employees who leak memos do not belong at Apple, according to leaked memo". The Verge. Retrieved January 3, 2022.
  36. ^ Mak, Aaron (October 27, 2021). "How Leakers Get Dealt With in Silicon Valley". Slate. Archived from the original on October 27, 2021. Retrieved January 3, 2022.
  37. ^ "NLRB Establishes New Standard Governing Workplace Policies, and Upholds No-Camera Policy in Boeing". National Labor Relations Board. Archived from the original on December 23, 2017. Retrieved January 3, 2022.
  38. ^ Mickle, Tripp (January 31, 2023). "Regulators Find Apple's Secrecy Violates Workers' Rights - After a yearlong investigation, a federal labor board determined that the tech giant's rules interfere with employees' right to organize". The New York Times.
  39. ^ Gjøvik, Ashley M. (May 23, 2022). "Field Notes on Regulatory Capture, Part I". Big Tech Politics. Retrieved May 30, 2024.
  40. ^ a b Love, Julia; Nellis, Stephen (December 22, 2021). "U.S. SEC allows Apple shareholder's push for details on non-disclosure". Reuters. Retrieved December 30, 2021.
  41. ^ Drange, Matt (November 22, 2021). "Apple told the SEC it doesn't silence employees regarding workplace harassment or discrimination. New whistleblower documents show that isn't true". Business Insider. Archived from the original on November 23, 2021. Retrieved December 31, 2021.
  42. ^ Gjøvik, Ashley M. (September 19, 2022). "Field Notes on Regulatory Capture, Part II". Big Tech Politics. Retrieved April 5, 2024.
  43. ^ McGee, Patrick; Temple-West, Patrick (December 13, 2021). "Apple faces probe over whether it retaliated against whistleblower". Financial Times. Archived from the original on October 26, 2022. Retrieved December 30, 2021.
  44. ^ "Gjovik v Apple Inc 2024CER00001" (PDF). US Department of Labor Office of Administrative Law Judges. January 19, 2024. Retrieved April 5, 2024.
  45. ^ "Gjovik v Apple Inc, 2024CER00001" (PDF). US Department of Labor Office of Administrative Law Judges. March 27, 2024. Retrieved April 5, 2024.
  46. ^ a b Owen, Malcolm (September 9, 2023). "Apple faces RICO lawsuit from ex employee whistleblower". AppleInsider. Retrieved April 5, 2024.

External links[edit]

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