A recent report on diversity in Silicon Valley shows that Asian nationals and Asian Americans are severely underrepresented in upper level positions such as executive and management positions. The report was authored by Ascend, an Asian-American professional organization based in New York. The study found that about 27 percent of professionals working at five established tech companies are Asian or Asian-American. However, fewer than 19 percent of managers are of Asian descent and just fewer than 14 percent of executives are of Asian descent.

The report also found that Asian American women are particularly underrepresented in upper management in the tech industry. Only 1 out of 285 Asian American women is a tech executive, while 1 in 87 white males is an executive.

Some Asian nationals say that there is a glass ceiling in the tech industry. Others say that without more established Asian executives to serve as role models, it can be tougher for younger Asian employees to advance. Some believe that Americans have an advantage because of the way they are raised, with an emphasis on not just academics, but also socializing with others and sports. In order to get funding or a high-level job in the tech industry, an individual must normally be charismatic, good at communicating, and fit, and not simply good at technology.

Asians nationals in the tech industry who were not born here have cited that it can be very difficult to get an H-1B visa, and that can affect employment opportunities. If an Asian who is not an American citizen wants to work here with an H-1B visa, the individual must normally have an American company sponsor then with a job offer. If the individual wants to start his or her own tech business, they must prove that it is a legitimate business with significant cash reserves on hand in order to get the visa.

If a person of Asian descent or an Asian American is being discriminated against in the workplace, that person has legal rights and can make a claim against his or her employer. Discrimination based on national origin or race is illegal under federal and state law. National origin discrimination is occurs when employees are negatively treated because they come from a particular area, have an ethnic accent, or because they appear to be of a certain ethnic background. Discrimination can occur even if the victim and the harasser are of the same national origin.

Discrimination can include unfavorable treatment in any aspect of employment, including hiring, firing, pay, promotions, job assignments, layoffs, benefits, and any other term or condition of employment. For example, if a company has an unwritten policy of hiring only non-Asian employees for upper-level positions, that is obviously employment discrimination. Other forms of discrimination may not be as obvious.

If you believe that you have been discriminated against because of your national origin or race, you should pursue your legal rights. At Liberty Law, Micha Star Liberty believes that no employees should be discriminated against because of their race or national origin, and if they are, they should hold their employers legally accountable.

Call Micha Star Liberty, Oakland national origin discrimination attorney, at 510-645-1000 or 415-896-1000 if you believe that you are being held back from a management position because of your race. She provides potential clients with free consultations, and you pay nothing until she has obtained a recovery for you. Call her today to schedule a consultation.

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