Oracle Uses Supreme Court Ruling to Attack Regulator's Discrimination Claims
"Secretary Acosta's ratification orders merely rubber stamp some other official's determination that these ALJs should be appointed," Oracle's attorneys at Orrick contend. The case is a test of the scope of the Supreme Court's decision in Lucia v. SEC.
November 20, 2018 at 05:23 PM
4 minute read
The U.S. Labor Department suit alleging discriminatory practices at Oracle America Inc. should be thrown out after a Supreme Court ruling last term questioned the lawfulness of thousands of administrative judges across the federal bureaucracy, lawyers for the tech company are arguing.
Oracle's lawyers at Orrick, Herrington & Sutcliffe contend there is no currently serving administrative judge law at the Labor Department who can lawfully preside over the case, in which labor regulators contend Oracle's compensation practices discriminate against female, African-American and Asian employees. The agency sued Oracle in January 2017 at the end of the Obama administration.
Oracle's attorneys rested their argument in the Supreme Court's ruling in June in Lucia v. SEC, which set new requirements for how in-house judges are appointed. The ruling carried wide implications, setting up fresh arguments for companies and individual at the U.S. Securities and Exchange Commission and across all federal agencies.
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