Category: labor law

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High Tech, Low Inclusion: The EEOC Report on Diversity in the Tech Sector

New Whistleblower Program administered by the DOJ.

The high-tech sector, known for spearheading advancements in science and technology, seems to be lagging when it comes to inclusion and diversity. A report recently published by the U.S. Equal Employment Opportunity Commission (EEOC) titled “High Tech, Low Inclusion: Diversity in the High Tech Workforce and Sector from 2014 – 2022” dissects the current state of diversity in this sector, offering a sobering insight into the extent of the problem.

Behind the Figures

The EEOC’s findings show a disturbing trend of underrepresentation for certain demographic groups in the high-tech sector. Women and Black workers, in particular, are being left behind. The figures reveal that despite being nearly half of the U.S. workforce, women make up only 22.6% of the high-tech workforce in all industries and a meager 4% in the high-tech sector. The representation of Black and Hispanic workers in the high-tech workforce has seen negligible progress over the years.

The Issue of Age Discrimination

The report also highlights age as a factor in employment discrimination within the high-tech sector. Interestingly, the high-tech workforce skews younger than the total U.S. workforce. In the high-tech world, over 40% of the workforce belongs to the 25-39 age group, compared to 33.1% in the overall workforce. Workers over 40 have seen their representation in the high-tech sector decrease from 55.9% to 52.1% from 2014 to 2022.

Moreover, the EEOC report notes that discrimination charges filed by tech professionals were more likely to involve issues of age, pay, and genetic information than those filed in other sectors.

The Call for Change

EEOC Chair, Charlotte A. Burrows, asserts that “America’s high tech sector, which leads the world in crafting technologies of the future, should not have a workforce that looks like the past.” The Commission is committed to identifying and resolving instances of discrimination that contribute to these disparities.

The EEOC report concludes with a call for employers in the high-tech sector to actively investigate and overcome barriers to employment. Proactive policies geared towards boosting inclusion are needed to ensure that everyone gets a fair shot at high-tech opportunities.

Were You Denied a Job In High Tech?

If you applied for a job in the high-tech sector and believe that you were discriminated against due to your age, race, gender, or ethnicity, it’s advisable to consult with an experienced employment attorney.

Discrimination is not just ethically wrong, it’s illegal. Your rights are protected under the Civil Rights Act of 1964 and other federal laws – laws that are in place to ensure everyone has equal opportunities in the job market. Don’t hesitate to stand up for your rights and seek legal counsel if you’ve been unfairly denied a job in the high-tech sector.

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Individual But Not Representative Claims Compelled To Arbitration

In-N-Out Burgers

Piplack v. In-N-Out Burgers, 88 Cal.App.5th 1281 (2023)

Former employees of In-N-Out Burgers, on their own behalf and on behalf of similarly aggrieved employees, brought an action against In-N-Out Burgers seeking civil penalties under the Labor Code Private Attorneys General Act for In-N-Out Burgers’s alleged practices of requiring employees, without reimbursement, to purchase and wear certain articles of clothing and to purchase and use special cleaning products to maintain the clothes. In reliance on Viking River Cruises, Inc. v. Moriana, ––– U.S. ––––, 142 S.Ct. 1906 (2022), In-N-Out Burgers filed a motion to compel arbitration, arguing that Viking River requires plaintiffs’ individual PAGA claims to be arbitrated and all remaining representative claims dismissed for lack of standing. The trial court summarily denied In-N-Out Burgers’ motion to compel arbitration. In-N-Out Burgers appealed.

The Court of Appeal concluded that the arbitration agreements required individual PAGA claims to be arbitrated and that In-N-Out Burgers did not waive its right to compel arbitration through its litigation conduct. The Court of Appeal also held that Viking River’s requirement that the plaintiff’s individual claims under PAGA be compelled to arbitration did not necessarily deprive the plaintiff of standing to pursue representative claims as an aggrieved employee.

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President Biden Signed Into Law the “Speak Out Act,” Curbing Use Of Non-Disclosure Agreements In Harassment Cases

Helping Employees Recover and Enforcing Employment Laws Helmer Friedman LLP.

President Biden signing the Speak Out Act.

On December 7, 2022, President Joe Biden signed the Speak Out Act, which bans the use of pre-dispute non-disclosure and non-disparagement contract clauses involving sexual assault and sexual harassment. The new law renders unenforceable non-disclosure and non-disparagement clauses related to allegations of sexual assault and/or sexual harassment that are entered into “before the dispute arises.” The new law does not prohibit the use of these agreements completely. The Speak Out Act exclusively prohibits and nullifies pre-dispute non-disclosure and non-disparagement agreements and does not apply to post-dispute agreements. Accordingly, the act only applies to instances before a sexual harassment, or sexual assault dispute arises. The act also does not apply to trade secrets, proprietary information, or other types of employee complaints such as wage theft, age discrimination, or race discrimination.

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2011 Southern California “Super Lawyers”

Helmer Friedman LLP is very pleased to announce that Law & Politics Magazine and the publishers of Los Angeles Magazine have selected Gregory D. Helmer and Andrew H. Friedman as 2011 Southern California “Super Lawyers” in the category of Labor and Employment Law.