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Oracle Businesses The Courts

Oracle Systematically Underpaid Thousands of Women, Lawsuit Says (theguardian.com) 394

Thousands of women were systematically underpaid at Oracle, one of Silicon Valley's largest corporations, according to a new motion in a class-action complaint that details claims of pervasive wage discrimination. From a report: A motion filed in California on Friday said attorneys seek to represent more than 4,200 women and alleged that female employees were paid on average $13,000 less per year than men doing similar work. An analysis of payroll data found disparities with an "extraordinarily high degree of statistical significance," the complaint said. Women made 3.8% less in base salaries on average than men in the same job categories, 13.2% less in bonuses, and 33.1% less in stock value, it alleges.

The civil rights suit comes as the tech industries faces increased scrutiny of gender and racial discrimination, including sexual misconduct, unequal pay and biased workplaces. The case against Oracle, which is headquartered in Redwood Shores and provides cloud computing services to companies across the globe, resembles high-profile litigation against Google, which has also faced repeated claims of systematic wage discrimination.

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Oracle Systematically Underpaid Thousands of Women, Lawsuit Says

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  • Equal opportunity (Score:2, Insightful)

    by Anonymous Coward

    Equal opportunity doesn't mean equal results. There are tons of explanations that could account for the statistical difference that are not discrimination.

    I recall reading about a company who's salary decisions were completely made by computer, which never knew anything about gender, and there was still a gender pay-gap. So the computer was "fired" (discontinued, same thing) for being sexist.

    That said, it's still possible that there is discrimination going on that should be investigated, but it shouldn't

    • Re: (Score:3, Insightful)

      by sjames ( 1099 )

      The computer is only as good as it's programming. Dig deep enough and you will find some sort of proxy for gender that the software was using as part of the determination.

  • Devil's adocate (Score:3, Insightful)

    by Anonymous Coward on Sunday January 20, 2019 @11:50AM (#57991490)

    Salary is not simply a function of the job. It also depends on your resume and experience. Seems completely possible to me that a 4% difference could simply be explained by the opportunity cost of maternity leave.

    • Re: (Score:3, Insightful)

      Devil's adocate

      Wow, just wow.

      Up until today, if Oracle were accused of doing evil thing X, everyone piled in saying "yeah it's Oracle, so probably they did", or "that's nothing, Oracle fucked me over with evil thing Y and that's worse, so fuck Oracle".

      There's pretty much nothing people would defend Oracle for and everyone was prepared to assume the worse based on a long and storied history of incredibly shitty behaviour. Basically on one here would give Oracle the benefit of the doubt because they thoroughl

      • Re:Devil's adocate (Score:4, Insightful)

        by alvinrod ( 889928 ) on Sunday January 20, 2019 @02:13PM (#57992168)
        I think the takeaway that even though people believe Oracle is evil, they're simply more skeptical about wage gap bull crap.

        I'll believe that Oracle will try to fuck over anyone they can, but I'd have to ask why they aren't also fucking over their male employees?

        We all get they're evil, but are they the kind of chaotic evil such that they have intentionally chosen to fuck over men slightly less than they otherwise could just for shits and giggles? Do they get more evil utility out of stirring the pot to piss off feminists or something like that?
        • Re: (Score:2, Insightful)

          I think the takeaway that even though people believe Oracle is evil, they're simply more skeptical about wage gap bull crap.

          I'm pretty sure those people would be more skeptical of a story about a wage gap than a story accusing Larry Ellison's lawyers of eating babies. Personally, I think there's only about a 10 percent chance of the latter and anyway they were only drinking the blood.

      • Re: (Score:2, Insightful)

        > This is Oracle. They're dicks. About everything. Fuck them they're most likely guilty of this.

        Just because people shit on Oracle usually, and not now, does not mean this is valid.

        Google is dicks too, MS too, Amazon too. Everything they do, is for their own profit bottom line aka "they're dicks".

        You should've been rated "offtopic", because them being dicks have nothing to do with most probably false lawsuits.

        Wage gap because of gender exclusively is a myth. Wage gap do exist of course, but th
        • They are all dicks, but Oracle is at another level. Their marketing and licencing in particular.

          The exceptionally evil part of Oracle is marketing. Which I will bet has more than its share of females. Boobies and blowjobs being good for sales and all.

          Not as good as a future 'no show job' for the decider at 10x pay though. All those massively overpaid no show jobs have to distort the stats. I'll bet they aren't classified as tech, rather marketing.

      • O.R.A.C.L.E: One Rich Asshole Called Larry Ellison.
      • Re:Devil's adocate (Score:5, Interesting)

        by Anonymous Coward on Sunday January 20, 2019 @02:36PM (#57992298)

        Up until today, if Oracle were accused of doing evil thing X, everyone piled in saying "yeah it's Oracle, so probably they did"

        If Oracle are accused of doing evil thing X *that benefits them*, then most Slashdotters will agree that they probably did it.

        But this case doesn't make sense. Why would they pay men extra, if they could hire women at a lower rate to do the same work?

        On the other hand, feminists have also earned themselves a poor reputation - and a spurious lawsuit like his would be entirely consistent with their history. Of the two evils, Oracle is probably, for once, the innocent party here.

      • This is Oracle. They're dicks. About everything. Fuck them they're most likely guilty of this.

        Statistically, they could have better profit if they fucked over the males, and paid the women more to avoid an expensive lawsuit. Probably a Ferengi Law of acquisition number there somewhere.

      • by GuB-42 ( 2483988 )

        Oracle is not inherently evil, it is just a company that loves money more than its public image.
        And for a company that loves money so much, overpaying men just because they are men seems weird.

        Yes, I say overpay men, not underpay women. Because if women do the same job for less, then one should expect a greedy company like Oracle to hire more women and fire these unprofitable men or cut their pay.

    • It depends on what the study means by "similar jobs". If you simply compare average salaries of males and females in Oracle, that opportunity cost would show up there. But that cost often manifests itself as a hiatus in on-the-job knowledge or missed career opportunities. The female software engineer who chooses to have a kid instead of taking that promotion to lead engineer, should earn as much as her male software engineer colleagues (with similar skills) when she returns to the job. If that's how you
  • Comment removed (Score:3, Interesting)

    by account_deleted ( 4530225 ) on Sunday January 20, 2019 @11:58AM (#57991538)
    Comment removed based on user account deletion
    • Was the quarterly bonus higher than the unpaid overtime? If it was the company is doing it wrong. If it's not then the workers are behaving illogically.
      • by alvinrod ( 889928 ) on Sunday January 20, 2019 @12:51PM (#57991768)
        They're not necessarily behaving illogically until they realize that their extra work isn't translating into additional pay, at which point they shouldn't stick around. If they leave, the only ones who remain are the people who did come out ahead, which just means that the next batch of new employees only see examples of employees who worked extra hard and made big bonuses, further incentivizing this behavior.

        I think Oracle knows exactly what it's doing, and from the perspective of a newly hired employee putting in extra work appears to be a really good idea.
        • Extra facetime. Never forget burnout. Expect hours over 50 to have negative productivity in all but the very short term. For 'brain work', 'bullshit and stoop work' is different.

          Producing more working code is not going to translate into more pay, because the idiot's metrics are _broken_. They got the middle manager position by kissing ass and putting in facetime. That's exactly what they will manage for.

          There is an iron law of management: 'You get what you incentivise.' Not what you ask for, leading by

      • Comment removed based on user account deletion
  • In other news (Score:5, Interesting)

    by guruevi ( 827432 ) on Sunday January 20, 2019 @12:06PM (#57991576)

    Single women without dependents make 8% more than their male counterparts with same education and experience across the US, in large cities like Atlanta the pay gap is 21%
    Women are 50% more likely to graduate from college.

    Politifact rates it Mostly True solely because they can't find more recent statistics that disprove their narrative.

    Over time, women (as a statistic) make different choices and prefer life over work. They tend to work less hours, take less overtime, are happier, live longer lives and don't die from work-related accidents or diseases (as in >1 percent of work-related deaths are female), they also make only 1-3% less over their lifetime than males (a statistic that reverses when you account for education and single motherhood) but that 3% makes all the difference as this wealth disparity is pretty much concentrated in the top 1%.

    • Re: (Score:3, Insightful)

      by AmiMoJo ( 196126 )

      The important thing to take away here is that increasing equality benefits everyone. Pay should be unrelated to demographics, as should educational opportunities.

      Men should be encouraged to stick with education and get those well paid, skilled jobs, and then not burn out in them with excessive hours and stress. Women should not be penalized for getting older or having families.

      • The issue is that the demographics make different choices that impact pay, and it's not just a simple matter of trying to encourage them or use other socialization tactics to make it all go away. To a certain degree men and women are just wired differently, and this is physically observable by looking at the physical brain. Even ignoring any differences that might cause, the male body can handle greater physical stress and so there are always going to be a category of jobs that men are going to dominate as
        • Re: (Score:3, Interesting)

          by Anonymous Coward

          The unintended consequences are being seen in my example above of the County Commissioner's crusade to hire almost all female to balance a perceived gender-inequality.

          Here's where real-world reality meets the gender-equality feelz. In this locality the county commissioner gets to appoint 8 Direcotrs of various departments. Within one year of being hired, after barely getting their heads wrapped around their new jobs, 3 of those 8 left on their family medical leave for months. 2 waited until the last day

        • by AmiMoJo ( 196126 )

          The "different choices" argument is often made, but it's not really fair to claim that all these things are choices. For example I'm sure many mothers would be happy if their partners took an equal amount of leave and did an equal amount of the parenting chores. And in reality they tend to get penalized anyway, e.g. when men become fathers they tend to get a small overall increase in income (thought to be because they are seen as more mature) where as mothers get a significant decrease (because they are per

          • The "different choices" argument is often made, but it's not really fair to claim that all these things are choices.

            Are there laws mandating any of these things? I wasn't aware. They're still very much choices.

            It also doesn't matter that many women would like it if their husbands took time off. The point is that if you took a large sample of individuals who were the ones primarily in charge of care of young children, you'd probably find more women than men who would prefer to be doing it. That doesn't mean that there aren't some men who would prefer to do. It's the same as sampling anything else where sex plays a role

            • by AmiMoJo ( 196126 )

              A choice between not having kids and having kids but having to do more of the work or take a hit on your career isn't much of a choice.

      • by guruevi ( 827432 )

        I agree and I don't think anyone is discouraging men or women to follow their dreams, but every choice does have a real consequence, this is not a penalty. You have to look across more than just one dimension and not just a single dimension across the intersectional group identity though.

      • Comment removed (Score:5, Insightful)

        by account_deleted ( 4530225 ) on Sunday January 20, 2019 @06:20PM (#57993106)
        Comment removed based on user account deletion
        • by AmiMoJo ( 196126 )

          No need to be a disingenuous dick about it. Everyone knows that it means equality of opportunity.

    • "Single women without dependents make 8% more than their male counterparts with same education and experience across the US"

      That is interesting. Does "male counterparts" here mean "single males without dependents," or "all males"?

      • by guruevi ( 827432 )

        Single males without dependents. Generally, unlike CNN, when the government is comparing statistics, they use the same baseline.

  • This is very far from the worse that Oracle has done of course.

    In any case, it is certain I'll see those "women are bad at negotiating salaries" comments, from people who have zero understanding of how, well, anything works. If salary negotiation was haggling, women would be fine, they are fine hagglers. But when you apply for a job, the potential employer already has formed his opinion on how much you are worth to them and the job offer will be relative to that. There is some wiggle room, but not enough to

    • > If salary negotiation was haggling, women would be fine, they are fine hagglers.

      What makes you think this? A casual search for verifiable research is flooded with poor quality claims. This article seems insightful about the differences:

      https://hbswk.hbs.edu/item/whe... [hbs.edu]

    • However if the valuations are significantly wrong, you should be able to make a lot of money by splitting the difference and hiring a bunch of women.

      Another explanation is that women in general are valuing non-wage factors differently than men when considering employment offers, job-seeking and maintainance of current employment.

  • by sinij ( 911942 ) on Sunday January 20, 2019 @12:15PM (#57991626)
    I choose to be optimistic, perhaps consequence of this mandatory gendered equal pay is that men will be allowed to "lean out" of crazy overtime and weekend hours that have been expected up to this point.
    • Re: (Score:3, Interesting)

      Hiring more workers is cheaper than chronic overtime. Hiring and training new workers is more expensive than keeping your current workers. Unless there is a severe personnel shortage this behavior reduces corporate profitability.
    • Re: (Score:2, Interesting)

      by AmiMoJo ( 196126 )

      I hope so too, but it's worth asking why this culture exists in some places and not others. For example it's extremely rare in most of Europe to be working really excessive hours, and in fact the law puts on a hard limit of 48 hours/week and certain mandatory break periods and days off.

      What is it that puts pressure on men to do this in the United States, for example?

  • by rsilvergun ( 571051 ) on Sunday January 20, 2019 @12:17PM (#57991638)
    Americans are making 20% less [usatoday.com] than they used to (article says "Millennials" but I don't know about you but I took a paycut when the economy crashed in 2008).

    Men and Women are now fighting among ourselves over 1-3% (a percentage that might just be due to men not taking time off for child rearing) while the ruling class is laughing all the way to the bank with that 20%.

    This has been modus operandi for centuries: wedge issues. You find something to divide the working class into manageable chunks. Race, creed, sex. Hell, when the Japanese couldn't do it with race because they were all Japanese they made up classes [wikipedia.org] based on jobs and kept books of them by name.

    Don't fall for it. Demand better pay for all workers. Support the push for higher minimum wage [shrm.org]. Vote in your primary for pro-Union, pro-worker candidates who refuse corporate PAC money [justicedemocrats.com]. Demand all workers get healthcare that isn't tied to your job [berniesanders.com] so you can switch jobs at will.

    We've got bigger fish to fry than this. Don't get into the trenches with your fellow workers fighting while the rich laugh at you [google.com]
    • by alvinrod ( 889928 ) on Sunday January 20, 2019 @01:19PM (#57991906)
      I'm not sure if that article does a good job of convincing me of the point it's trying to make.

      Not so for her. Ledesma graduated from college four years ago. After moving through a series of jobs, she now earns $18,000 making pizza at Classic Slice in Milwaukee, shares a two-bedroom apartment with her boyfriend and has $33,000 in student debt.

      Her mother Cheryl Romanowski, 55, was making about $10,000 a year at her age working at a bank without a college education. In today's dollars, that income would be equal to roughly $19,500.

      So, her mother was making about the same amount of money, but just didn't have the added debt. I don't know what Ms. Ledesma chose to major in while she was in college, but I'd bet money it was some useless degree. She should be thankful that the price of that education has only come out to $33,000 as there are plenty of people who've accumulated six figure debts that they realistically have no hope of ever paying off.

      The article also points out that the 20% figure only applies to white millennials, whereas black millennials are about break even (-1.4%) but latino millennials are actually better off (+29%) than their parents were. Although they're a small part of the population, I'd bet the Asian Americans are also up, possibly even more than 29%. People who buy into the notion of white privilege should be happy as it appears that's worth a lot less than it used to be. Otherwise it just looks like economic osmosis.

      Given what example solutions you posted, I don't expect you to agree with this, but I did notice that anything about preventing or curtailing illegal immigration. What do you think happens to wages and the value of unskilled labor when the supply of it increases? I don't want to come off as disparaging these immigrants, as they're often hard workers and not really all that much different in most ways than the majority of our own ancestors who at some point came to this country in hopes of a better life, but most estimates put the number of people who are here illegally at around 10 million, though some are much higher. I don't think it's in any way feasible to even try to "round up" or deport everyone who's here illegally, but I suspect that it would have more of an affect on wages for low or unskilled labor than any of the suggestions that you're proposed.

      So my question is do you care about this particular problem, or are you just using this particular problem as a vehicle to shove your agenda?

      • by AmiMoJo ( 196126 )

        The article also points out that the 20% figure only applies to white millennials, whereas black millennials are about break even (-1.4%) but latino millennials are actually better off (+29%) than their parents were. Although they're a small part of the population, I'd bet the Asian Americans are also up, possibly even more than 29%. People who buy into the notion of white privilege should be happy as it appears that's worth a lot less than it used to be. Otherwise it just looks like economic osmosis.

        The extremely obvious reason for this is that they started off in a worse position, and as they gained more equality of opportunity their wages rose significantly faster. Of course that doesn't mean they have caught up necessarily either.

        Sure enough, if you look at average earnings by demographic, that's what you see.

  • I despise fake outrage over alleged sexism accusations coming from people who don't understand statistics. I also despise Oracle. So...

    I'm very curious about the validity of the claims, which unfortunately the fine article doesn't not elaborate on. It's not even possible for a 33.1% discrepancy in stock value to be a result of bias, unless they actually mean something else. A 13.2% difference in bonuses could be more interesting - it's very easy to see a discrepancy due to, for example, differences in w

    • I also despise Oracle, but there's no need to lie about how bad they are or why, there's plenty already, and internal pay inequality is not even the biggie.
      Funny, I'm white, male, all that. And being mostly the best engineer I'd ever met, the rate of my pay and promotions always seemed unfair to me - had I been one of those other - person of color, wrong sex, whatever - I'd have been sure there was discrimination. And no reasoning would have convinced me otherwise. This observation is to me, quite eye-o
      • Livius - I realized on reading my own post I wasn't clear - you weren't lying at all, the story on the other hand...
  • by magzteel ( 5013587 ) on Sunday January 20, 2019 @12:59PM (#57991816)

    From the article: "I just couldn’t believe it. I was angry,” Marilyn Clark, one of the Oracle plaintiffs, told the Guardian. The complaint alleged that she discovered the wage gap when she saw a pay stub a male colleague had left in a common area. “I felt like I had been punched in the gut.” Clark, 66, who has since retired from Oracle, said it was particularly painful because she had even trained the male employee, who was making roughly $20,000 more than she was, amounting to a 22% higher salary. Clark, 66, who has since retired from Oracle, said it was particularly painful because she had even trained the male employee, who was making roughly $20,000 more than she was, amounting to a 22% higher salary."

    The reality is this is her own fault. This is not a union job with fixed pay scales.
    People make more because they ask for more and create a perception of value.

    From my experience, when taking a new job:
    Women undervalue themselves and they ask for the comp they think they deserve or is the most the employer is willing to pay
    Men ask for what they want, not what they think they deserve, and don't care about the employers problems

    When annual comp happens, raises and bonuses can very often be crappy
    Women will be unhappy but will not change jobs to get what they want.
    Men change jobs aggressively.

    In fact, from a management standpoint knowing you will eat shit and not change jobs just provides evidence they are paying you appropriately.

    • I think this is more about age then sex- it's well known that your earning potential slides when you go past 50. Employers don't want to invest in older employees.
    • Also this story sounds hokey- I haven't physically seen a 'pay stub' in 20 years.
    • by AmiMoJo ( 196126 )

      Thing is the law says you can't discriminate based on gender, and just saying "one gender doesn't negotiate pay as well as the other" doesn't actually mean you didn't discriminate by taking advantage of that fact.

      In other words employers are required to not rely on the individual's ability to negotiate pay, they are required to pay a fair amount even if they don't push hard for it. Same with increases, bonuses and promotions.

    • by The Evil Atheist ( 2484676 ) on Sunday January 20, 2019 @07:50PM (#57993462)
      Women are pushing for what they want. They're just doing it through the courts. If you don't play fair, why should they play fair? Play fair, and women wouldn't have to go to the courts.
  • Comment removed based on user account deletion
  • Comment removed based on user account deletion
  • .... a company actively wanting to pay women less, or women not asking aggressively for raises because they're more agreeable?

    If it's the second option, whose fault is it?

  • "Oracle" underpaid the market rate. So these women could have quit and been hired elsewhere at the market rate? Isn't that a choice? If they could not have made more money then then they are paid the market rate.

    You have all these supposedly underpaid people... sounds like a business opportunity to me. Any business person that likes to make money will jump at the chance to hire them at slightly more money. They would be stupid not to and must hate women more than money.

    Where are all the business women creat

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