Featured Article

The fight for venture equality heads to court

Soon even those who wish for silence will not have a choice

Comment

The U.S. Capitol building illuminated against a dark sky in Washington, D.C.,
Image Credits: Bloomberg Creative / Getty Images

Funding for all-women founding teams is stagnant, capital invested in Black founders is falling, and increased awareness of these issues has moved past an era of prolonged think pieces; the next stage in the fight for venture equity is now at the policy level.

Concurrently, lawsuits against helping more marginalized founders raise capital are progressing through the courts while new legislation is passed to also help said underrepresented talent. The tension between legal efforts to stymie attempts to invest more in Black founders and women and efforts to legislate more support for those individuals is a struggle between two directions for the nation as it works to move forward from its racist and sexist past.

“Entrepreneurship is at a crossroads right now,” Imani Augustus, a director for entrepreneurial equity at the think tank Third Way, told me. “There is a move on the right to weaponize any assistance to disadvantaged communities as overly ‘woke,’ but this effort on the right fails to appreciate that we shouldn’t be taking away opportunity in the country — we should be expanding it.”

Legislation shapes the facts on the ground in this country, even when the ideas of the general public disagree. That’s also why, after years of callouts, protests and no change, some diverse fund managers told me this is the last option, that equity would not come just via a gesture of goodwill; it now must be ratified in the courts.

Lawmakers and policy advocates are indeed paying attention. Augustus and her team at Third Way started working with the National Urban League to suggest venture policy changes to Congress, such as having firms track and disclose who they back. That sentiment is not unlike California’s SB 54, which requires firms to report founder diversity breakdowns back to the state. Massachusetts is looking to pass two bills to help extend discrimination and harassment clauses to venture capital, with the hopes of helping more women and minorities progress through the industry.

There are other efforts afoot. Missouri Rep. Emanuel Cleaver is trying to pass a bill forcing university endowments to reveal where they are allocating money. Even the U.K. is weighing policy that could fix its own harrowing landscape where, between 2009 and 2019, only 10 Black women raised venture capital.

It makes sense that policy would become the latest battleground in this venture equity fight. Historically, policy is what first put women and minorities, mainly the African American community, in disadvantaged positions in the first place. Since legislation is what codified many prejudices, it may be the only thing strong enough to undo them.

Venture capital is a massive industry, serving as the backbone of innovation in this nation. “Yet it has been operating for generations without any regulation or public transparency,” said Allison Byers, a founder and policy advocate. “As we’ve seen time and again in other industries marked by inequitable resource distribution, policy measures are essential to facilitate feasible and lasting change.”

Many venture firms do take public money, meaning there is an argument to be made that at the very least, lawmakers should be aware of what is happening to that money. Even the banking industry needed policy changes in order to stop its racially discriminatory practices.

“People tend to be motivated more by the fear of loss than by the prospects of potential gain,” Bernard Coleman, the founder of the Coleman Law Firm, told me. “Greed can counter their fear if the financial incentive is sweet enough.”

This moment of tension is a fitting place for tech to find itself. If the industry is one that fixes problems, then who is responsible for fixing its own persistent discrimination? “I firmly believe those who see an issue and have the power to address it bear a responsibility to do so,” said Langston Tolbert, a startup attorney at his eponymous law firm.

More pressure is being placed on private actors, like venture capitalists, because the public sector and government are struggling to lead the way, Tolbert said. The recent court wins against public agencies like the Small Business Administration and the Minority Business Development Agency, which have been sued for offering programs for disadvantaged groups, means that people are depending even more on private institutions to tackle problems since those organizations are right now the only ones with the flexibility to act as they see fit.

“The tech industry was built by people who aspired to solve the world’s biggest issues, which should include racial and gender-based discrimination,” Tolbert said. “After the death of George Floyd, private institutions poured out support for Black entrepreneurs. Now presents an even greater moment for these institutions because they are more equipped to take a stand where others may not be able to do so.”

This is only the start of venture capital’s battle against anti-discrimination policy. Overall, there is a backlash to diversity, equity and inclusion brewing in the industry against the tide of emerging, more diverse fund managers and the mission of funding more women and minorities.

Edward Blum, the man who helped overturn affirmative action, has made it his mission to overturn any program with a racial qualifier attached. Against Fearless Fund, he’s using a Civil Rights clause to fight against the community it was enacted to protect. A founder I spoke to called this “intellectually insidious” and the “last gasps of white supremacy.” This case shows that policy is coming to the industry regardless of who benefits and who strikes first. If U.S. history reveals anything, it’s that the fight for racial and even gender equality always ends up in the court system.

But right now, reactions to how to go about diversifying the industry seem split. For example, there were those who were excited to hear about the premise of SB 54, while others took to X (formerly Twitter) to complain and make fun of it.

There were valid concerns, but the root of the matter, to those who supported the bill, was that transparency is needed, whether existing data is right or wrong, so people can figure out what is happening. Others were wary that any change would happen but were not against such efforts. Many just trolled the bill, which was most indicative of where they stood on the matter as a whole. It’s this loud faction, this old guard group, that makes it feel like legislation is what will finally make them listen. In a sense, that is true. I had covered the idea of the bill before to crickets; when it finally passed, people started paying attention.

It goes back to what an investor told me when I first started covering venture capital: The industry is shrouded in mystery and opaque on purpose. Efforts on the ground will be made to keep it that way. But soon, even those who wish for silence will not have a choice.

It’s venture capital’s time to take the stand. Finally, the market timing is just right.

More TechCrunch

Jasper Health, a cancer care platform startup, laid off a substantial part of its workforce, TechCrunch has learned.

General Catalyst-backed Jasper Health lays off staff

Live Nation says its Ticketmaster subsidiary was hacked. A hacker claims to be selling 560 million customer records.

Live Nation confirms Ticketmaster was hacked, says personal information stolen in data breach

Featured Article

Inside EV startup Fisker’s collapse: how the company crumbled under its founders’ whims

An autonomous pod. A solid-state battery-powered sports car. An electric pickup truck. A convertible grand tourer EV with up to 600 miles of range. A “fully connected mobility device” for young urban innovators to be built by Foxconn and priced under $30,000. The next Popemobile. Over the past eight years, famed vehicle designer Henrik Fisker…

12 hours ago
Inside EV startup Fisker’s collapse: how the company crumbled under its founders’ whims

Late Friday afternoon, a time window companies usually reserve for unflattering disclosures, AI startup Hugging Face said that its security team earlier this week detected “unauthorized access” to Spaces, Hugging…

Hugging Face says it detected ‘unauthorized access’ to its AI model hosting platform

Featured Article

Hacked, leaked, exposed: Why you should never use stalkerware apps

Using stalkerware is creepy, unethical, potentially illegal, and puts your data and that of your loved ones in danger.

13 hours ago
Hacked, leaked, exposed: Why you should never use stalkerware apps

The design brief was simple: each grind and dry cycle had to be completed before breakfast. Here’s how Mill made it happen.

Mill’s redesigned food waste bin really is faster and quieter than before

Google is embarrassed about its AI Overviews, too. After a deluge of dunks and memes over the past week, which cracked on the poor quality and outright misinformation that arose…

Google admits its AI Overviews need work, but we’re all helping it beta test

Welcome to Startups Weekly — Haje‘s weekly recap of everything you can’t miss from the world of startups. Sign up here to get it in your inbox every Friday. In…

Startups Weekly: Musk raises $6B for AI and the fintech dominoes are falling

The product, which ZeroMark calls a “fire control system,” has two components: a small computer that has sensors, like lidar and electro-optical, and a motorized buttstock.

a16z-backed ZeroMark wants to give soldiers guns that don’t miss against drones

The RAW Dating App aims to shake up the dating scheme by shedding the fake, TikTok-ified, heavily filtered photos and replacing them with a more genuine, unvarnished experience. The app…

Pitch Deck Teardown: RAW Dating App’s $3M angel deck

Yes, we’re calling it “ThreadsDeck” now. At least that’s the tag many are using to describe the new user interface for Instagram’s X competitor, Threads, which resembles the column-based format…

‘ThreadsDeck’ arrived just in time for the Trump verdict

Japanese crypto exchange DMM Bitcoin confirmed on Friday that it had been the victim of a hack resulting in the theft of 4,502.9 bitcoin, or about $305 million.  According to…

Hackers steal $305M from DMM Bitcoin crypto exchange

This is not a drill! Today marks the final day to secure your early-bird tickets for TechCrunch Disrupt 2024 at a significantly reduced rate. At midnight tonight, May 31, ticket…

Disrupt 2024 early-bird prices end at midnight

Instagram is testing a way for creators to experiment with reels without committing to having them displayed on their profiles, giving the social network a possible edge over TikTok and…

Instagram tests ‘trial reels’ that don’t display to a creator’s followers

U.S. federal regulators have requested more information from Zoox, Amazon’s self-driving unit, as part of an investigation into rear-end crash risks posed by unexpected braking. The National Highway Traffic Safety…

Feds tell Zoox to send more info about autonomous vehicles suddenly braking

You thought the hottest rap battle of the summer was between Kendrick Lamar and Drake. You were wrong. It’s between Canva and an enterprise CIO. At its Canva Create event…

Canva’s rap battle is part of a long legacy of Silicon Valley cringe

Voice cloning startup ElevenLabs introduced a new tool for users to generate sound effects through prompts today after announcing the project back in February.

ElevenLabs debuts AI-powered tool to generate sound effects

We caught up with Antler founder and CEO Magnus Grimeland about the startup scene in Asia, the current tech startup trends in the region and investment approaches during the rise…

VC firm Antler’s CEO says Asia presents ‘biggest opportunity’ in the world for growth

Temu is to face Europe’s strictest rules after being designated as a “very large online platform” under the Digital Services Act (DSA).

Chinese e-commerce marketplace Temu faces stricter EU rules as a ‘very large online platform’

Meta has been banned from launching features on Facebook and Instagram that would have collected data on voters in Spain using the social networks ahead of next month’s European Elections.…

Spain bans Meta from launching election features on Facebook, Instagram over privacy fears

Stripe, the world’s most valuable fintech startup, said on Friday that it will temporarily move to an invite-only model for new account sign-ups in India, calling the move “a tough…

Stripe curbs its India ambitions over regulatory situation

The 2024 election is likely to be the first in which faked audio and video of candidates is a serious factor. As campaigns warm up, voters should be aware: voice…

Voice cloning of political figures is still easy as pie

When Alex Ewing was a kid growing up in Purcell, Oklahoma, he knew how close he was to home based on which billboards he could see out the car window.…

OneScreen.ai brings startup ads to billboards and NYC’s subway

SpaceX’s massive Starship rocket could take to the skies for the fourth time on June 5, with the primary objective of evaluating the second stage’s reusable heat shield as the…

SpaceX sent Starship to orbit — the next launch will try to bring it back

Eric Lefkofsky knows the public listing rodeo well and is about to enter it for a fourth time. The serial entrepreneur, whose net worth is estimated at nearly $4 billion,…

Billionaire Groupon founder Eric Lefkofsky is back with another IPO: AI health tech Tempus

TechCrunch Disrupt showcases cutting-edge technology and innovation, and this year’s edition will not disappoint. Among thousands of insightful breakout session submissions for this year’s Audience Choice program, five breakout sessions…

You’ve spoken! Meet the Disrupt 2024 breakout session audience choice winners

Check Point is the latest security vendor to fix a vulnerability in its technology, which it sells to companies to protect their networks.

Zero-day flaw in Check Point VPNs is ‘extremely easy’ to exploit

Though Spotify never shared official numbers, it’s likely that Car Thing underperformed or was just not worth continued investment in today’s tighter economic market.

Spotify offers Car Thing refunds as it faces lawsuit over bricking the streaming device

The studies, by researchers at MIT, Ben-Gurion University, Cambridge and Northeastern, were independently conducted but complement each other well.

Misinformation works, and a handful of social ‘supersharers’ sent 80% of it in 2020

Welcome back to TechCrunch Mobility — your central hub for news and insights on the future of transportation. Sign up here for free — just click TechCrunch Mobility! Okay, okay…

Tesla shareholder sweepstakes and EV layoffs hit Lucid and Fisker