Sexual harassment happens in all fields, but continues to be a prominent issue in the tech industry. This may be in part due to how common gender and power imbalances are, in addition to deeply ingrained cultural aspects.
A San Francisco sexual harassment attorney with the Armstrong Law Firm is prepared to help you understand what may constitute sexual harassment and some of the other factors that contribute to its prevalence.
Leadership and Workplace Culture Shape How Companies Respond
According to recent estimates by Women Hack, women comprise about 28% of the tech workforce and earn an average of $ 0.86 for every dollar their male counterparts earn. These numbers demonstrate the imbalance of representation in the tech field and how leadership and workplace culture value female employees.
While men can certainly be subjected to sexual harassment just like women, it is not nearly as common, and this means that a male-dominated field may be less likely to identify and address sexual harassment as the issue that it is.
Additionally, informal work environments can leave the culture feeling more like a boys’ club and blur professional boundaries. Many tech employers are known for their relaxed work environment, and this can make it much easier for incidents to occur, especially if the company is not proactive about sexual harassment prevention.
Fear of Retaliation Prevents Many Employees From Reporting Harassment
Retaliation is a real concern for many victims of sexual harassment. Though California law prohibits employers from retaliating against an employee for reporting sexual harassment, many women still face adverse employment action after making a complaint. Whether it is reduced hours or sudden, unexpected disciplinary action, this fear can keep victims silent.
Confidentiality Agreements Can Keep Workplace Misconduct Hidden
Many companies require employees to sign contracts that include confidentiality agreements, non-disparagement clauses, and mandated arbitration in the event of an incident. These agreements often require victims to stay silent about their concerns and prevent them from warning others about what happens in the company.
When these agreements are signed as part of employment, you may still retain your right to file a report for sexual misconduct, though you may face other barriers if you signed the agreement after the incident or as a condition to receive severance.
Inadequate Reporting Systems Can Allow Misconduct to Continue
When companies fail to create comprehensive and structured processes for reporting sexual harassment and other forms of workplace misconduct, it leaves gaps that often allow perpetrators to hide and the problems to go unresolved.
Small companies may not have a designated HR team, which can leave victims addressing concerns to a supervisor who may be close to the perpetrator, involved in the incident, or simply uneducated about how to appropriately handle these situations.
How to Handle Workplace Sexual Harassment in the Tech Industry
Standing up for yourself in the face of sexual harassment at work can be intimidating. You may be unsure of whether you will be believed, whether your employer will take action, and whether your job will be safe. However, California laws reserve your right to report concerns to state or federal agencies, provide protection against retaliation, and provide recourse if your employer violates these rights.
A culture that often protects perpetrators and belittles victims can be difficult to face, but you can start by becoming familiar with your employee handbook, your rights as a California worker, and possibly consulting with an attorney.