The technology sector has become crucial in propelling innovation and influencing the worldwide economy in this digital era. Tech is a prominent source of employment across the US, including for many Californians. Professionals are driven to break into tech flock to Silicon Valley, the hub of tech in America. Despite its rapid expansion and vast influence, the tech industry has faced a recurring issue: discrimination in the workplace. Unfortunately, bias can show up frequently and manifest in several ways, including gender, race, age, marital status, and more.
One of the most recent discrimination-based lawsuits out of Silicon Valley filed at the end of June is alleging anti-Asian biases at tech company Lumentum Operations, LLC. The company faces 20 million dollars in damages, and this suit is just one example of massive discrimination going on behind the doors of a major tech player. Here, we will explore the particular challenges of employment discrimination within the tech industry and highlight the importance of addressing bias and ensuring fair practices.
Understanding Employment Discrimination
In the workplace, it is considered employment discrimination when people are mistreated because of specific protected characteristics or traits. The tech industry is no stranger to discriminatory practices that hinder the progress of talented individuals and reinforce systemic inequalities, as we see in the most recent silicon valley lawsuit. Let’s delve into some of the most common forms of employment discrimination that are prevalent in this sector. First, what are protected characteristics in the state of California? At both the federal level and under the California legislature, individuals are shielded in discrimination cases, particularly when involving or aimed at protected characteristics. Race, color, religion, sex, and national origin are characteristics protected via Title VII of the Civil Rights Act of 1964 for employees and applicants.
Further, age, ancestry, creed, disability, gender (including identity and expression), genetic makeup or information, race, religion, sexual orientation, marital status, mental and physical disabilities, and national origin are all protected characteristics in California. Further, these categories may cover further situations, events, or attributes. For example, sex can also include pregnancy, childbirth, and breastfeeding. The protections for age discrimination or agism start for individuals aged 40 and up through federal and state protections.
Gender Bias: Breaking the Glass Ceiling
One of the most prominent issues in the tech industry is gender bias. Women often face challenges breaking through the glass ceiling and obtaining leadership positions. According to numerous polls and studies conducted in recent years, women working in tech often encounter roadblocks and far fewer prospects for career advancement in the workplace. An article published this year found that 45 percent of women technologists say they are outnumbered by men in the workplace by 75 percent or more, a significant increase from the 25 percent who said the same in 2021. It has been noted by the Harvard Law School Forum on Corporate Governance that the proportion of women serving on boards of SV 150 companies witnessed a significant increase from 25.7% in 2021 to 32.5% in 2022. Although the wage gap has seen some progress toward narrowing, the industry is still hyper-saturated and dominated by white males.
Studies have shown that women are underrepresented in tech-related roles and often encounter pay disparities compared to their male counterparts. To advance fairness and equality in the workplace, employers should actively address gender bias. Such goals can be achieved through various initiatives, including promoting diversity and inclusion, implementing transparent hiring and promotion processes, and ensuring everyone has equal career advancement opportunities. By doing so, employers can construct a more welcoming and inclusive work atmosphere that benefits everyone involved.
Racial Discrimination: Embracing Diversity
Racial discrimination remains a significant concern in the tech industry and has nearly overtaken issues such as the gender wage gap in severity or prominence. Minority groups, including Black, Latinx, and Asian professionals, often face barriers to accessing job opportunities and experiencing fair workplace treatment, as observed in the recent Lumentum Operations, LLC Lawsuit. According to the 2022 SVPI report, despite the astronomical wealth generated by the technology sector in the valley, the lack of representation of African American, Latinx, Pacific Islander, and Indigenous-American executives and board members remains a persistent issue. The tech industry’s volatility, highlighted by the Silicon Valley Bank Collapse in March of 2023, has not deterred its success. Still, it is paramount that this diversity gap is addressed to build a fairer and more inclusive future. The 2022 Pain Index highlights a concerning trend of declining incomes for African American and Latinx households while White households experience an increase in revenue. Still, technology companies must prioritize creating an all-embracing atmosphere that values diversity, which could be accomplished by components like diverse recruitment strategies, cultural sensitivity training, and assembling affinity groups to support underrepresented employees.
Ageism: Appreciating Experience
Ageism is another bias affecting individuals in many sectors, including the tech industry. Experienced professionals, especially those over 40, may encounter challenges in finding employment or face age-related discrimination in their workplace or by prospective employers. Employers need to value diversity in age among their employees. They can do this by avoiding age discrimination in their hiring process, encouraging collaboration between different generations, and providing professional growth and development opportunities. By taking these steps, employers can create an inclusive workplace culture that supports employees of all ages.
Addressing Employment Discrimination
To combat employment discrimination and promote employee and workplace rights, California Labor Codes, and overall fairness in the Southern California tech industry, it is crucial for companies to actively create an inclusive and equitable work environment. To achieve this, there are several effective strategies that businesses can adopt:
Employers May Execute Diverse Hiring Practices
- Tech companies should implement diverse hiring approaches to draw forth sufficiently expansive ranges of candidates. Employers should actively seek candidates from traditionally underrepresented and underserved groups to promote diversity.
- Further, companies should establish diversity objectives and implement blind hiring techniques that help eliminate unconscious biases during the recruitment proceedings.
Inclusive Company Culture
- Company culture can sometimes either be an ignored element or feel forced. Fostering an environment that values creativity, bonding, acceptance, and inclusivity can greatly benefit the well-being of both individuals and the greater company.
- It is crucial to ensuring fairness, the employees’ overall emotional well-being, and the company’s collective positive and stable cognitive health. Inclusive cultures aim to combat employment discrimination. Big and small companies should encourage an environment where individuals feel safe speaking up, enable open dialogue about diversity and inclusion, and implement employee resource groups to support and represent marginalized communities.
Training and Education
- Training should be offered at all levels, including entry-level staff to the CEO, and so forth. Regular training and education sessions on topics such as unconscious bias, microaggressions in the workplace, and honing inclusive leadership can all raise awareness and equip employees with the tools to identify and address discrimination.
- Training and education initiatives should be required for all employees, including managers and executives.
Transparent Promotion and Compensation Processes
- Promotion and compensation processes should be transparent, fair, and merit-based.
- Companies should conduct regular pay audits to identify and address any pay disparities.
- Further, implementing structured performance evaluations can minimize subjective, personal, emotional, or impressionistic judgments and ensure objective assessments.
Note: Employers should refrain from retaliating against employees who discuss compensation and related aspects with each other to avoid violating state and federal employment laws.
The tech industry has the tools and roadmap to making significant progress toward eradicating employment discrimination and creating equal opportunities for all. However, these mechanisms must be implemented and sometimes enforced to forge a future where talent can flourish, free from discrimination, on tech’s active and robust stage.
When Tech Employees Meet Bias and Discrimination at Work
As a tech employee who has met biases, harassment, or any forms or displays of discrimination in the workplace, it’s crucial to take the necessary steps to safeguard your rights and address the problem. Here are some advisable actions that you can take following such an event:
- Documenting incidents: Keeping a detailed record of any discrimination or bias you experience or witness is vital to addressing the matter. It’s important to take note of the date, time, location, people involved, and details of what happened. Such thorough documentation can be beneficial evidence in the future if you opt for legal action.
- Reviewing company policies: Familiarizing yourself with your employer’s policies on discrimination, harassment, and reporting procedures is paramount to fighting for your rights. Understand the steps you need to follow to file a complaint and the available internal resources for support. Further educating yourself on these matters can help you be a better witness and supportive coworker, as you will be more readily able to identify acts of discrimination in real-time.
- Reporting the incidents: If you feel comfortable doing so, inform your employer’s human resources department or an appropriate authority within your organization. You should be able to locate reporting procedures within your company’s policies or employee handbook.
- Seeking support: Connect with reliable colleagues, mentors, or employee-focused resource groups to share your experiences and seek assistance. They may offer valuable guidance, share their experiences, or provide useful advice on navigating the situation.
When to Consult an Employment Lawyer
Consulting an employment attorney can be beneficial in various situations, including lack of response or action from employers, retaliation in the workplace, the complexity of legal matters, and when working towards a resolution or facing roadblocks toward a solution. If you have reported discrimination and are now facing retaliation or adverse consequences such as termination, demotion, or a hostile work environment, seeking the guidance of an attorney can be highly beneficial. They can help safeguard your rights and expertly navigate the legal process. When compelled to pursue legal action, a seasoned employment attorney can represent your interests, negotiate on your behalf, and strive for a fair resolution through mediation, arbitration, or litigation.
Tech companies often have teams of lawyers on their side; however, do not let this intimidate or deter you from seeking legal recourse. Remember, employment attorneys are well-versed in employment laws and regulations and can provide personalized advice based on your specific circumstances. Contact and schedule a confidential and free consultation with an experienced Inland Empire and San Bernardino County employment attorney who can help you understand and preserve your rights, evaluate your case, and determine the best course of action to protect your interests.
