What Legal Protections Do Women in Tech Really Have Against Discrimination and Harassment?

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U.S. laws like the Civil Rights Act (1964), Equal Pay Act (1963), ADA (1990), and others protect women in the tech industry from discrimination based on sex, pregnancy, disability, and ensure equal pay and opportunities. These include specific provisions for harassment, pregnancy-related conditions, and family leave, while some state laws offer even broader protections. Key acts like the Lilly Ledbetter Fair Pay Act (2009) address pay discrimination, emphasizing the legal framework's role in promoting gender equality in tech and beyond.

U.S. laws like the Civil Rights Act (1964), Equal Pay Act (1963), ADA (1990), and others protect women in the tech industry from discrimination based on sex, pregnancy, disability, and ensure equal pay and opportunities. These include specific provisions for harassment, pregnancy-related conditions, and family leave, while some state laws offer even broader protections. Key acts like the Lilly Ledbetter Fair Pay Act (2009) address pay discrimination, emphasizing the legal framework's role in promoting gender equality in tech and beyond.

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VII of the Civil Rights Act of 1964

Under Title VII of the Civil Rights Act of 1964, women in the tech industry, like in any other sector, are protected from discrimination based on sex, which includes harassment. This federal law makes it unlawful for employers to discriminate against any individual with respect to their compensation, terms, conditions, or privileges of employment, because of their sex. This protection applies to companies with 15 or more employees.

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The Equal Pay Act of 1963

The Equal Pay Act of 1963 requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. It is illegal to pay different wages to men and women if they perform equal work in the same workplace. This act covers all forms of pay, including salary, overtime pay, bonuses, stock options, profit sharing, and bonus plans, and any other benefits.

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The Pregnancy Discrimination Act

Enacted in 1978, The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

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The Family and Medical Leave Act FMLA

The Family and Medical Leave Act of 1993 offers legal protection to women in the tech industry by allowing up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons, which include pregnancy or care for a newborn child. To be eligible, employees must have worked for their employer for at least 12 months and 1,250 hours over the past 12 months.

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State-Specific Anti-Discrimination Laws

Many states have their own laws prohibiting sex discrimination and harassment in the workplace, which often offer greater protection than federal laws. For example, California’s Fair Employment and Housing Act (FEHA) protects individuals from harassment and discrimination in employment more broadly than federal law. It's important for women in tech to be aware of the protections afforded to them by the laws of their specific state.

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The Lilly Ledbetter Fair Pay Act of 2009

This act amends Title VII of the Civil Rights Act of 1964 and states that the 180-day statute of limitations for filing an equal-pay lawsuit regarding pay discrimination resets with each new paycheck affected by that discriminatory action. The Lilly Ledbetter Fair Pay Act ensures that women in tech who face pay discrimination have a clear avenue to challenge this discrimination each time they receive a paycheck.

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IX of the Education Amendments of 1972

While not directly applicable to the workplace, Title IX has been pivotal in increasing access for women to STEM (Science, Technology, Engineering, and Mathematics) education and careers. It prohibits sex-based discrimination in any school or any other education program that receives federal money. This is crucial for women entering tech fields as it offers legal protection from discrimination from the onset of their careers in education.

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The Americans with Disabilities Act ADA

Although not specifically aimed at women, The Americans with Disabilities Act of 1990 protects tech employees from discrimination based on disabilities. This includes providing reasonable accommodations to employees with disabilities, which can be particularly important for women who may face pregnancy-related disabilities or illnesses. The ADA ensures equal opportunities for all in the workplace.

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The Civil Rights Act of 1991

The Civil Rights Act of 1991 provides monetary damages in cases of intentional employment discrimination, including sex discrimination. This act serves as an incentive for employers to avoid discriminatory practices and offers women in tech a means to seek redress and potentially receive compensation for discrimination or harassment experiences at work.

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The Uniformed Services Employment and Reemployment Rights Act USERRA

Though USERRA is gender-neutral, it offers protections to women in tech who are also service members, including reserves or the National Guard. It ensures that persons who serve or have served in the Armed Forces, Reserve, National Guard, or other uniformed services are not disadvantaged in their civilian careers because of their service. This includes protection against discrimination and rights to reemployment after service.

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What else to take into account

This section is for sharing any additional examples, stories, or insights that do not fit into previous sections. Is there anything else you'd like to add?

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