Orrick Team Accuses US Labor Dept. of 'Bad Faith' in Bias Case
"Despite having prosecuted this matter for more than four years, OFCCP now wants to change course. Why?" Oracle's attorneys at Orrick, Herrington & Sutcliffe said in a new filing in a pay-discrimination case.
February 06, 2019 at 04:35 PM
4 minute read
The original version of this story was published on The Recorder
Updated 5 p.m. PST
Oracle America Inc. argues the U.S. Labor Department's attempt to expand the scope of workplace discrimination claims shows either the original case was “doomed to fail” or that regulators hoped widespread publication of unflattering statements would exert pressure on the tech company.
The Orrick, Herrington & Sutcliffe lawyers representing Oracle told an administrative law judge Tuesday that the Labor Department's recent push to bring new claims was made in “bad faith” and that the government should be barred from amending its complaint alleging pay discrimination.
The Labor Department's Office of Federal Contract Compliance Programs “seeks to try this case in the press as a means of exerting pressure on Oracle,” Orrick partner Erin Connell and senior counsel Gary Siniscalco said in their new filing.
The attorneys also suggested the Labor Department was working “in coordination with plaintiffs' counsel prosecuting a civil action against Oracle that those plaintiffs admit piggy-backs on OFCCP's claims, and with whom OFCCP entered into a secret oral agreement to share information and work together.”
A spokesperson for the Labor Department declined to comment.
The Labor Department's dispute with Oracle dates to 2014, when the agency, which enforces federal civil rights laws for federal contractors, conducted a workplace compliance audit. Oracle receives roughly $100 million a year in government contractors, according to the Labor Department. Contractors are audited to ensure compliance with civil rights laws—and a contractor can lose current and future contracts based on any violations.
The Labor Department sued Oracle at the end of the Obama administration, and the agency recently sought court approval to file an amended complaint. The agency said it wanted to allege new claims Oracle systemically discriminates against women and minorities, resulting in the loss of up to $400 million in wages.
The Labor Department also indicated the new complaint would target Oracle's alleged use of prior pay to set salary levels, certain promotion practices and campus recruiting tactics.
Oracle denies the company discriminates against women and minorities and has claimed the Labor Department's analysis was faulty.
The Orrick lawyers alleged the Labor Department was required to undertake a conciliation process with Oracle before bringing any new claims. Labor Department lawyers argued the additional claims were either refinements of earlier claims or not new at all.
A separate civil case against Oracle is pending in California state court. The plaintiffs lawyers in that case are pushing for class certification on behalf of 4,000 women pursuing gender discrimination claims.
The plaintiffs alleged women make as much as $13,000 less on average than their male counterparts and receive smaller bonus and stock packages. The lawsuit does not target minority workers.
Erin Pulaski, a partner at Rudy Exelrod Zieff & Lowe in San Francisco representing plaintiffs suing Oracle, disputed Oracle's assertion of any secret agreement between the Labor Department and plaintiffs attorneys.
“Two separate entities have now performed extensive compensation analyses that have found significant wage discrimination at Oracle,” Pulaski said. “Instead of addressing this grave problem, Oracle has chosen to lash out unfairly at the motives of the OFCCP.”
The common interest agreement between the plaintiffs and the Labor Department “is entirely appropriate in a situation where two separate entities are pursuing similar claims against a defendant,” Pulaski said.
Oracle's new filing is posted below:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'That Decision was Wrong:' Federal Judge Rethinks Consumer Protection Class Certification
'Water Cooler Discussions': US Judge Questions DOJ Request in Google Search Case
3 minute readDemocratic State AGs Revel in Role as Last Line of Defense Against Trump Agenda
7 minute readTrending Stories
- 1Delaware Governor Names Magistrate Judge as Next Vice Chancellor
- 2Hagens Berman Accused of Withholding Share of $13M Award in Pharmaceutical Settlement
- 3What to Know About Naming a Law Firm
- 4Texas Shows the Way Forward in Resolving Mass Tort Gridlock
- 5Ninth Circuit Rules on Inherent Authority and FRCP 37(e)
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250