Oracle to pay for workplace discrimination, 4100 female employees class action


On Thursday, the California High Court approved a historic Class Action Lawsuit: three female employees of Oracle, representing 4100 other female employees, will sue Oracle for employment discrimination in which female employees are paid less than male employees.

On April 30, 2020, the high court of California approved a class action lawsuit.

Allow Rong Jewitt, Sophie Wang and Xian Murry to represent 4100 other female Oracle employees (who have worked or are working in the Redwood City branch of Oracle) to sue Oracle for “equal pay for equal work” of male and female employees.

Oracle to pay for workplace discrimination, 4100 female employees class action

  • Oracle office building in Redwood City, Bay Area

They believe that Oracle violates many laws in California, such as the equal pay act. The salaries, bonuses and stock awards of female employees are far lower than those of male employees of the same rank and work content.

Historic class action, calling for gender equality in the workplace

The lawsuit began in August 2017. Xian Murray, Sophie Wang and Rong Jewitt, project manager and Application Development Engineer of Oracle, sued Oracle for long-term gender discrimination of equal pay for men and women.

Xian Murry, one of the brave plaintiffs in the lawsuit, graduated from University of Science and Technology of China with a bachelor’s degree and received a doctorate in Applied Mathematics from Brown University in 2009. Since 2011, I have been working for Oracle for ten years.

Oracle to pay for workplace discrimination, 4100 female employees class action

  • Litigation documents related to the cases disclosed by the court

Three more women database engineers, Marilyn Clark, manjari Kant and Elizabeth Sue Petersen, filed a lawsuit.

Marilyn Clark said he was in the office and had no intention of seeing the payroll left by a male colleague of the same level in the open office area. The annual salary of the male colleague was 20000 dollars (22%) higher than her. The gap made her unbelievable and angry.

In January 2018, the prosecution added an analysis document, which is the statistical analysis of Oracle salary by Professor David Neumark of University of California Irvine.

The study found that the basic wage of female employees was 3.8% lower than that of male employees. In the same rank and work content, the average bonus of female employees is 13.2% less than that of male employees, and the gap between male and female employees is as high as 33.1% in the stock award.

Oracle to pay for workplace discrimination, 4100 female employees class action

Oracle did not accept the results of the analysis, arguing that “the same rank does not mean that the difficulty and intensity of work are the same. Oracle’s products and services are diverse, and even by comparing engineering code, the complexity and difficulty of the work cannot be quantified and compared. “

However, the judge gave a positive opinion on this analysis: “Professor Neumark has a reasonable basis. In Oracle’s tenure and performance evaluation, she cannot explain the gender pay gap faced by women in the same work as men. “

At the end of April, the appeals were finally approved as class action on behalf of 4100 people. In recent years, several of the plaintiffs have left Oracle, but the appeal will continue.

Reference case: Uber compensates 19 million US dollars for discrimination

In October 2017, Ingrid Avendano, a Latino Software Engineer of Uber, filed a lawsuit in the San Francisco high court. They represented 420 female employees and minority employees of Uber, accusing Uber of condoning gender discrimination and racial discrimination since 2013.

Oracle to pay for workplace discrimination, 4100 female employees class action

  • Ingrid Avendano worked as a senior software engineer at Uber and left to join Netflix

In their view, the company’s employee evaluation system is not based on performance, but prefers male and white or Asian employees.

In the end, Uber paid $19 million to settle with them. 56 current and former Uber employees involved in the case will receive an average compensation of USD 33928.57.

A further $5.1 million will be paid to women and ethnic minority employees involved in unfair pay treatment, with an average of $11000.

Workplace discrimination, not just gender

For various reasons, the discussion of women’s salary, promotion and other issues has been a hot topic.

The workplace gender discrimination against women includes gender identity, age family, salary, promotion and so on. In all kinds of workplace reports, we can see from the data that women have been in a relatively weak position in the technology industry.

In recent years, the hot topic has also led to the awakening of women’s professional consciousness. In succession, outstanding women have emerged as leaders, but in the management of major technology enterprises, women are still in the minority.

From a broader perspective, we can see that the victims of workplace discrimination are not only women.

Oracle to pay for workplace discrimination, 4100 female employees class action

  • Types and proportion of workplace discrimination

Age, region, ethnic minority, Graduate School and so on, will become the factors that breed workplace discrimination.

African Americans, who make up 13 percent of the U.S. population, account for less than 1 percent of Google, Facebook and other Silicon Valley technology companies’ employees, according to the U.S. labor department.

Not only that, Asian top students (Chinese, Indian, etc.) who are favored by Silicon Valley technology companies may still be treated differently from white Americans after entering the company, even if they have eliminated the same level of Hispanic and African American candidates in the interview stage.

Age discrimination in the workplace is more obvious in China. 35, 40 years old, has been regarded as the age threshold of getting promotion and job opportunities. Many media have reported that when employees reach middle age, they will encounter many problems of downsizing and promotion in disguised form.

The 4100 person class action of Oracle will undoubtedly attract more attention and become a historic moment in the construction of corporate culture in the technology industry.

< done >