In a significant change of course among major employers, Netflix recently made several modifications to its employee culture memo, which is now called “Netflix Culture – Seeking Excellence.”

Among other things, Netflix inserted a section on “Artistic Expression.”  In it, the company acknowledges that “[e]ntertaining the world is an amazing opportunity and also a challenge because viewers have very different tastes and points of view. So we offer a wide variety of TV shows and movies, some of which can be provocative.”  The memo goes on, “[d]epending on your role, you may need to work on titles you perceive to be harmful.  If you’d find it hard to support our content breadth, Netflix may not be the best place for you.”

This change stands in stark contrast to the position of many other employers which, in the recent past, have been relatively deferential to employees’ opinions regarding corporate decisions and actions vis-à-vis controversial social and political issues.

Some news outlets have suggested this policy change may be in response to the backlash Netflix received from some of its employees after the release of the recent Dave Chappelle comedy special “The Closer.”

Notably, Netflix also added sections regarding employees treating all information as confidential, its commitment to philanthropy (by doubling donations to charity), and its representation-focused drive to see “a variety of stories and people on screen.”

Finally, Netflix changed the name of the “Real Values” section to instead be called “Valued Behaviors.”  Now, this section lists the following as “valued behaviors”: judgment; selflessness; courage; communication; inclusion; integrity; passion; innovation; and curiosity.  The characteristics underlying these categories include things like spending Netflix members’ money wisely, seeking to “understand members’ changing tastes and desires,” and recognizing “we all have biases” while working to counteract them.

This memo was released shortly before it was reported Netflix notified approximately 150 full-time employees—roughly 2% of its US workforce—and 70 part-time employees of their pending termination.  Most of the terminated employees are based in the United States.  Certain news outlets have noted that these terminations and culture changes coincide with Netflix’s cancelling production for several youth-focused “woke” programs, including Wings of Fire, Antiracist Baby, Stamped: Racism, Antiracism and You, and With Kind Regards from Kindergarten.  Netflix stated these lay-offs are due to “slowing revenue growth” and “business needs” rather than individual performance.

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Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including…

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.

Tony is recognized as a leading lawyer by such highly respected publications and organizations as the Los Angeles Daily JournalThe Hollywood Reporter, and Chambers USA, which gives him the highest possible rating (“Band 1”) for Labor & Employment.  According to Chambers USA, clients say Tony is “brilliant at what he does… He is even keeled, has a high emotional IQ, is a great legal writer and orator, and never gives up.” Other clients report:  “Tony has an outstanding reputation” and he is “smart, cost effective and appropriately aggressive.” Tony is hailed as “outstanding,” particularly for his “ability to merge top-shelf lawyerly advice with pragmatic business acumen.” He is highly respected in the industry, with other commentators lauding him as a “phenomenal strategist” and “one of the top employment litigators in the country.”

“Tony is the author of the treatise titled Employment Discrimination Depositions (Juris Pub’g 2020; www.jurispub.com), co-author of Proskauer on Privacy (PLI 2020), and, since 1990, has been a regular columnist for the official publication of the Labor and Employment Law Section of the State Bar of California and the Los Angeles Daily Journal.

Tony has been a featured guest on Fox 11 News and CBS News in Los Angeles. He has been interviewed and quoted by leading national media outlets such as The National Law JournalBloomberg News, The New York Times, and Newsweek and Time magazines. Tony is a frequent speaker on employment law topics for large and small groups of employers and their counsel, including the Society for Human Resource Management (“SHRM”), PIHRA, the National CLE Conference, National Business Institute, the Employment Round Table of Southern California (Board Member), the Council on Education in Management, the Institute for Corporate Counsel, the State Bar of California, the California Continuing Education of the Bar Program and the Los Angeles and Beverly Hills Bar Associations. He has testified as an expert witness regarding wage and hour issues as well as the California Fair Employment and Housing Act and has served as a faculty member of the National Employment Law Institute. He has served as an arbitrator in an employment discrimination matter.

Tony is an appointed Hearing Examiner for the Los Angeles Police Commission Board of Rights and has served as an Adjunct Professor of Law and a guest lecturer at USC Law School and a guest lecturer at UCLA Law School.