Women in Tech: Are NYC Tech Start-ups the Latest Old Boys’ Club?

New businesses are increasingly technology businesses and, as the hub for industries from arts to finance, these new tech start-ups are choosing New York more and more frequently over the familiar Silicon Valley. As a spectator on the sidelines watching the tech industry grow in NYC, my impression was always that these businesses have great potential to provide women with employment opportunities equal to those of their male counterparts. Sure, there still are not as many women graduating with STEM (science, technology, engineering, math) degrees as men, but the work culture always impressed me as less tied to outdated notions of what makes an “ideal worker” and with more people comfortable using technology to get work done. I hoped that these factors would give tech start-ups a leg up on other businesses in embracing flexible work schedules and telecommuting, allowing women to overcome some of the family-wage barriers to employment opportunity that plague other workplaces.

But, even accounting for the disparity among the percentage of STEM degrees awarded to men versus women, women are underrepresented in tech jobs. And, unfortunately, the conversations among women in tech reveal an emerging pattern that is all too similar to other male-dominated industries, where women are marginalized based on sex stereotypes or exploited because of their token identity in a workplace. Of course, not all tech companies fit this pattern, but research reveals that the relatively small percentage of women graduating with STEM degrees face sexist workplaces and favoritism for males that ultimately makes them leave the field.

Discrimination manifests itself through the “culture” espoused by many of these workplaces in subtle yet pervasive and damaging ways. The few women at these workplaces can feel alienated because they are not members of the majority group. They see that decision-makers are all male. It takes more effort to engage with their majority-group colleagues than those in the majority-group take to engage with each other. This, in turn, could affect women’s prospects for advancement—maybe because they are less inclined to volunteer for projects, or because they do not have as strong a bond with bosses. What majority group members sometimes overlook is that it is difficult for minorities to gain entry into the majority group. Workplaces need to take a more active role—beyond articulating an ideal of attracting more women—in incorporating minority members. Barriers to entering the majority group inhibit a truly collaborative work environment that many of these workplaces strive for and believe that they are.

Federal, New York State, and New York City laws make it illegal to take employment actions on the basis of sex and can be powerful tools in paving the way for equality. Whether or not particular circumstances at a tech company violate any of these laws requires a case-specific analysis of the conduct at issue and the workplace. Comments based on sex stereotypes—“I didn’t know girls could code”—or that single out women based on their sex—“The client would rather see you than us, so why don’t you meet with him?”—are evidence of sex discrimination. Sexually charged jokes casually but persistently made at a predominately male workplaces might amount to what the law recognizes as a hostile environment based on sex. Creating and maintaining hostile work environments is illegal. When women leave these workplaces to escape a hostile work environment, it could qualify as constructive discharge and has the effect of foreclosing women from employment opportunities based on illegal criteria.

But the law is limited in protecting against some of the subtle forms of discrimination perpetuated by these cultures. Where the law falls short, companies need to prioritize and actively pursue inclusive workplaces that foster collaboration and growth of their minority members. Building non-discriminatory workplaces from a company’s inception lays a foundation that can attract the most qualified professionals as the business grows. As more and more women (hopefully) pursue STEM degrees, a larger percentage of the most qualified professionals will be women. Workplaces must be ready to receive them as equally valued team members.