In the current job market, many technology sector employers are seeking to recruit and retain top talent by creating a positive workplace culture. For many employers, this also includes efforts to recruit and hire workers from underrepresented groups such as women, African-Americans, and LGBTQ employees. While most companies recognize that diversity is one element of a positive workplace environment, many may not have sufficient compliance programs to ensure that underrepresented groups are supported and provided the opportunity to have their issues addressed. To retain and develop a diverse workforce, it is important for employers to make compliance with employment laws important part of the company culture.

A recent study conducted by the Kapor Center for Social Impact reveals that aspects of company culture may be driving away diverse employees from technology jobs. See Allison Scott, Freada Kapor Klein, Uriridiakoghene Onovakpuri, Tech Leavers Study, Kapor Center for Social Impact (April 27, 2017). This is the case even though many technology companies already provide diversity or implicit bias training. In the Tech Leavers Survey study, researchers from the Kapor Center surveyed a representative national sample of over 2000 individuals who had left jobs in technology fields or in the technology industry. Women, African-American, Latino, and Native American employees reported dissatisfaction relating to what they identified as a culture of mistreatment and unfairness in their workplaces. Furthermore, these underrepresented groups were more likely to identify workforce treatment issues as primary motivators for dissatisfaction and the decision to leave their employer. In fact, workplace unfairness was reported to be more significant to employee decisions to seek new employment than competing opportunities in the job market. The Tech Leavers Study can be accessed at http://www.kaporcenter.org/tech-leavers/.

The findings of the Tech Leavers study should be concerning to company leaders who find value in attracting and retaining diversity. In addition to the numerous business reasons to recruit and keep diverse hires, there are important legal reasons as well. Employer policies or practices that are shown to result in a disparate impact to specific demographic groups, even without any specific intent to discriminate, can be evidence of prohibited discrimination. See Guz v. Bechtel National, 24 Cal.4th 317, 354, fn. 20 (2000) (explaining disparate impact discrimination). Similarly, recurring workplace complaints addressing the same conduct or directed at the same perpetrators, can present damaging evidence that a harassing environment is pervasive or that an employer has failed to take preventive measures to protect employees from harassment, as in Weeks v. Baker & McKenzie, 63 Cal. App. 4th 1128 (1998), (employer knew of prior complaints against same perpetrator). Failing to address legal compliance issues can result in costly litigation and, potentially, liability for employment harassment, discrimination, or retaliation.