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Text of E-Mail from Steve Ballmer

Microsoft CEO Explains Company's Take on Gay Rights Legislation

Text of Steve Ballmer E-Mail to U.S. Microsoft Employees Regarding Public Policy Engagement

REDMOND, Wash. -- May 6, 2005 -- In response to widespread public interest in the company's position on anti-discrimination legislation, Microsoft Corp. today released the following text of an e-mail sent today from Steve Ballmer, CEO, to all Microsoft employees in the United States:

Date: May 6, 2005

To: All U.S. Microsoft Employees

Subject: Microsoft’s principles for public policy engagement

During the past two weeks I’ve heard from many of you with a wide range of views on the recent anti-discrimination bill in Washington State, and the larger issue of what is the appropriate role of a public corporation in public policy discussions. This input has reminded me again of what makes our company unique and why I care about it so much.

One point really stood out in all the e-mails you sent me. Regardless of where people came down on the issues, everyone expressed strong support for the company’s commitment to diversity. To me, that’s so critical. Our success depends on having a workforce that is as diverse as our customers – and on working together in a way that taps all of that diversity.

I don’t want to rehash the events that resulted in Microsoft taking a neutral position on the anti-discrimination bill in Washington State. There was a lot of confusion and miscommunication, and we are taking steps to improve our processes going forward.

To me, this situation underscores the importance of having clearly-defined principles on which we base our actions. It all boils down to trust. Even when people disagree with something that we do, they need to have confidence that we based our action on thoughtful principles, because that is how we run our business.

I said in my April 22 e-mail that we were wrestling with the question of how and when the company should engage on issues that go beyond the software industry. After thinking about this for the past two weeks, I want to share my decision with you and lay out the principles that will guide us going forward.

First and foremost, we will continue to focus our public policy activities on issues that most directly affect our business, such as Internet safety, intellectual property rights, free trade, digital inclusion and a healthy business climate.

After looking at the question from all sides, I’ve concluded that diversity in the workplace is such an important issue for our business that it should be included in our legislative agenda. Since our beginning nearly 30 years ago, Microsoft has had a strong business interest in recruiting and retaining the best and brightest and most diverse workforce possible. I’m proud of Microsoft’s commitment to non-discrimination in our internal policies and benefits, but our policies can’t cover the range of housing, education, financial and similar services that our people and their partners and families need. Therefore, it’s appropriate for the company to support legislation that will promote and protect diversity in the workplace.

Accordingly, Microsoft will continue to join other leading companies in supporting federal legislation that would prohibit employment discrimination on the basis of sexual orientation -- adding sexual orientation to the existing law that already covers race, sex, national origin, religion, age and disability. Given the importance of diversity to our business, it is appropriate for the company to endorse legislation that prohibits employment discrimination on all of these grounds. Obviously, the Washington State legislative session has concluded for this year, but if legislation similar to HB 1515 is introduced in future sessions, we will support it.

I also want to be clear about some limits to this approach. Many other countries have different political traditions for public advocacy by corporations, and I’m not prepared to involve the company in debates outside the US in such circumstances. And, based on the principles I’ve just outlined, the company should not and will not take a position on most other public policy issues, either in the US or internationally.

I respect that there will be different viewpoints. But as CEO, I am doing what I believe is right for our company as a whole.

This situation has also made me stop and think about how well we are living our values. I’m deeply encouraged by how many employees have sent me passionate e-mails about the broad respect for diversity they experience every day at Microsoft. I also heard from some employees who underscored the importance of feeling that their personal values or religious beliefs are respected by others. I’m adamant that we must do an even better job of pursuing diversity and mutual respect within Microsoft. I expect everyone at this company -- particularly managers -- to take a hard look at their personal commitment to diversity, and redouble that commitment.

The questions raised by these issues are important. At the same time, we have a lot of other important work to do. Over the next 18 months we’ll release a broader, more advanced and more exciting set of products than at any time in the company’s history. Let’s all recommit to the job ahead, using our diversity as a strength to work together creatively and with respect for each other.

Thanks.

Steve

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Most Recent Comments
Jacob 05/10/05 12:42:23 PM EDT

What a load of tripe!

So you believe that all homosexuals should be celibate, in order to preserve your sensibilities? We've seen how well that works for the Church.

"What if EVERYONE moved to Canada?!?! That would DESTROY American society! Moving to Canada is IMMORAL!!! CLOSE THE BORDER!!!" Get real. Show me the victim.

As for the stuff in Washington, that's news to me, but even if it WERE true, how is it somehow "better" if he were propositioning women? The whole thing about "they're not going to touch it because it deals with homosexuality" is totally made up. Show me the quote from a reporter saying he was reluctant.

As far as what this all says about the U.S., I believe it says that, for the moment, we are still the "Land of the Free and Home of the Brave."

R Martin Ladner 05/10/05 12:25:41 AM EDT

- Sexual choice is not the same kind of category as age, gender, race, etc. Efforts to give it the same hands-off treatment in hiring decisions are ill-founded. People cannot choose their age, gender, race, or national origin. People should not be forced to choose one creed or another. However, people can choose whether and how to ACT on what society still considers inappropriate desires for the same sex. Therefore, it is as reasonable to consider acting on same-sex attraction in the hiring process as it is to consider other actions taken by prospective hires.
- Laws that force everyone to consider acting on same-sex attraction a "legitimate choice" are not in society's best interest and are not even in the interest of people who choose to act on this attraction.
-- Many workplaces, especially small ones, won't be able to swallow a legal position that forbids them to consider sexual choice when arranging the workplace, law or not. Companies consider how personalities will fit together when building a team. A boss should be able to reject a jerk. But, what if the jerk has a drinking or drug problem? There are movements to label this a disability and therefore off-limits in hiring decisions. What if the person is overbearing and but claims rejection due to the choice to act on same-sex attraction? What if your impressionable relative is on the payroll? Business should be able to take past behavior into account in the hiring process.
-- Small companies are, in effect, families. Building a workplace that does not affront their sensibilities or support a lifestyle that cannot be reconciled with their own is the goal of many small business owners. Today, you can refuse to hire someone whose lifestyle, in your opinion, makes that individual a poor representative of the company. Many jobs have a morals clause; business owners are sensitive to many breaches of society's norms (even to habits and appearance). It would be ironic if this legislation "protected" individuals who act on same-sex attraction but not adulterers, etc.
-- HOW DO YOU COMPETE FOR A POSTION YOU NEVER HEAR ABOUT? You can't. Failure to effectively advertise job openings hurts, not helps, people on the margins of society. Today, bosses prefer to fill openings with people referred by persons already working for them. This tendency will surely increase under a law that threatens to let someone use a personal choice as the basis for a hiring lawsuit. You can't sue regarding jobs you don't hear about; so, not advertising at all will be the path of least resistance. Big companies will go along if they must; small companies (where the bulk of jobs are found) will not.
- The unstated effect of laws to forbid discrimination based on sexual choice is to make it acceptable to act on same-sex attraction. What makes acting on same-sex attraction such an inflammatory topic? One test of morality is to consider the impact of "everybody" taking similar action; the impact of everyone giving into this desire is nothing less than the destruction of society.
-- Acceptance of people who act on same-sex attraction occurs daily, person-to-person, based on other attributes of these individuals. People aren't two-dimensional; many people can find a way to work with most people. However, attempts to legislate this, to make everybody "play nice", are bound to backfire.
-- As an aside, I understand the mayor of Washington State has admitted to using perks of his office to help proposition young men. The reporters who broke this case were ambivalent about pursuing it; because, they wanted to avoid judging the acceptability of his private acts while determining if he used his public position to further them. Now we hear that legislation has been proposed to prevent sexual choices from being used in hiring decisions in Washington State. Washington could soon be in the same situation as New Jersey, where a high-ranking individual placed "friends" on the payroll. Are situations like this unique to same-sex attraction? Surely not. However, these reporters were perhaps more leery of pursuing this investigation than they would have been if same-sex attraction had not been involved. They were trying to be "politically correct".
-- It has become somehow fashionable to avoid condemning certain types of immorality. To avoid taking this stand, we often refuse to label ANYTHING as immoral. Illegal, yes; immoral, we let someone else make that judgment. We expect businesses to be ethical, to cleave to the spirit of the law, not just the letter of the law. Are only economists allowed to talk about ethics and be taken seriously? Yes, encourage us individually to get to know and be kind to our neighbors. Yes, encourage us to hire the "best qualified" people for a job (understanding that a boss is usually happy just to avoid problems). Yes, encourage us to maintain professional relationships with our co-workers. Yes, let us hire people on a case-by-case basis as we do now, using individuals' past actions as predictors for future success in our workplace. But don't expect us to let Government bodies put us in a position of saying that immorality can never be considered, that it never makes a difference, that there is no such thing as morality, only legality.
- Such legislation seems to have had negative effects on countries that have adopted it. Redmond's support for this legislation is unfortunate, even if it comes at a time when this support will be filed away until the battle lines are joined at the next legislative session. Further, by avoiding a stance outside the U.S., Redmond may be saying that in its opinion, the U.S. does not feel as strongly about this issue as other countries do. What does that say about the U.S.?