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An Oracle head of human resources said “Well, if you hire a woman, she will work harder for less money,” according to Kirsten Hanson Garcia testimony, Dec 5, 2019.

In the closing days of the Obama Administration, the U.S. Department of Labor filed a lawsuit against Oracle America, Inc.: “The suit also challenges Oracle’s systemic practice of favoring Asian workers in its recruiting and hiring practices for product development and other technical roles, which resulted in hiring discrimination against non-Asian applicants.”

“The U.S. Department of Labor has filed a lawsuit against Oracle America, Inc. alleging the leading technology company has a systemic practice of paying Caucasian male workers more than their counterparts in the same job title, which led to pay discrimination against female, African American and Asian employees.”

Were the Asians/Asian-Indians US citizens, green card holders, or on “temporary” H1B visas or student F-1 visas/OPT?

The founder of Oracle is Larry Ellison. Its current CEO, Safra Catz, was born in Israel, and is a woman. Is there patronage or nepotism for the better-paid employees? https://en.wikipedia.org/wiki/Safra_Catz

Were the so-called “caucasian” male workers of a particular religion and/or ethnicity, and/or country of origin? Perhaps the same as Ellison and/or the CEO? This sounds like a clue: “Ellison says that his love affair with Israel is not connected to religious sentiments, but rather due to the innovative spirit of Israelis in the technology sector” https://en.wikipedia.org/wiki/Larry_Ellison For the US government-US Census, “white” and “caucasian” includes everyone who is neither “black”/”African-American” nor Native American nor Asian. Asian includes India, i.e. “Asian-Indians”. Thus, MENA (Middle East/North Africa) countries are classified as “white”. “Hispanics” means from Latin America or Spain and are classified majority “white”.

Oracle, founded by Larry Ellison, is accused of paying some women 20% less than men, in a lawsuit by the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). A former employee testified that “during a meeting in the mid-2000s with top executives, the head of human resources said, “Well, if you hire a woman, she will work harder for less money.” See: “Oracle allegedly underpaid women and minorities by $400 million. Now the details are set to come out in court. The Department of Labor is bringing one of the largest federal anti-discrimination cases to go before a judge” By Nitasha Tiku  Dec. 5, 2019 at 9:53 p.m. UTC Washington Post: https://archive.li/uHfe9

See: “Women ‘Will Work Harder for Less Money’: Former Oracle Employee Testifies in DOL Suit: The testimony opened a multi-week administrative hearing in San Francisco as the company and its Orrick, Herrington & Sutcliffe counsel continue to defend against the U.S. Department of Labor’s claims of systemic pay disparities leveled in a 2017 lawsuit“, By Alaina Lancaster, December 05, 2019 at 06:36 PM, Law .com

“News Release
US DEPARTMENT OF LABOR SUES ORACLE AMERICA INC. FOR DISCRIMINATORY EMPLOYMENT PRACTICES
Lawsuit could cost company millions in federal contracts
SAN FRANCISCO – The U.S. Department of Labor has filed a lawsuit against Oracle America, Inc. alleging the leading technology company has a systemic practice of paying Caucasian male workers more than their counterparts in the same job title, which led to pay discrimination against female, African American and Asian employees.

The suit also challenges Oracle’s systemic practice of favoring Asian workers in its recruiting and hiring practices for product development and other technical roles, which resulted in hiring discrimination against non-Asian applicants.

Oracle designs, manufactures, and sells software and hardware products, as well as offers services related to its products to the federal government.

The lawsuit filed by the department’s Office of Federal Contract Compliance Programs is the result of an OFCCP compliance review of Oracle’s equal employment opportunity practices at its Redwood Shores headquarters. During the investigation – which began in 2014 – Oracle also refused to comply with the agency’s routine requests for employment data and records.  For example, Oracle refused to provide prior-year compensation data for all employees, complete hiring data for certain business lines, and employee complaints of discrimination. OFCCP attempted for almost a year to resolve Oracle’s alleged discrimination violations before filing the suit.

Oracle has received hundreds of millions in federal government contracts. As a federal contractor, Oracle is prohibited from engaging in employment discrimination on the basis of race, color, sex, sexual orientation or gender identity or national origin and is required to take affirmative action to ensure that equal employment opportunity is provided to applicants and employees in all aspects of employment. If Oracle fails to provide relief as ordered in the lawsuit, OFCCP requests that all its government contracts be canceled and that it be debarred from entering into future federal contracts.

“Federal contractors are required to comply with all applicable anti-discrimination laws,” said OFCCP Acting Director Thomas M. Dowd. “We filed this lawsuit to enforce those requirements.” 

Filed with the Office of Administrative Law Judges, the complaint asks the court to enjoin Oracle permanently from discriminating against females, African Americans and Asians in compensation practices and against African American, Hispanic and Caucasian applicants in hiring practices. OFCCP is also seeking complete relief for the affected class including lost wages, stock, interest, front wages, salary adjustments, promotions and all other lost benefits of employment and a reform of discriminatory policies.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed or disclosed their compensation or that of others, subject to certain limitations. For more information, please call OFCCP’s toll-free helpline at 800-397-6251or visit http://www.dol.gov/ofccp/.

OFCCP News Release: 
01/18/2017”
https://archive.li/scPYP
https://www.dol.gov/ofccp/regs/compliance/ca_11246.htm
https://www.dol.gov/ofccp/regs/compliance/section503.htm
https://www.dol.gov/ofccp/regs/compliance/vevraa.htm
Entire lawsuit here: https://www.dol.gov/sites/dolgov/files/legacy-files/newsroom/newsreleases/OFCCP20170071.pdf

Women and men used to be self-explanatory. An interesting question is if men who become women are paid less?

Screenshots of some of the lawsuit pages. See entire document at the link above or below.



Click to access OFCCP20170071.pdf