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.
December 05, 2019 at 06:36 PM
4 minute read
A senior manager who had worked at Oracle Corp. for 16 years testified that she heard the company's top human resources' leadership say that women will work harder for less compensation.
The testimony is part of a multiweek administrative hearing that kicked off Thursday 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.
Kirsten Hanson Garcia, Oracle's former senior director of the global organization and talent development department, testified that she heard Joyce Westerdahl, the executive vice president of human resources, tell a former chief financial officer if he hired a woman "she'll work harder for less money."
"I was shocked because this was the senior person in charge of HR talking to another executive about hiring," Hanson Garcia said.
When asked why she decided to testify, Hanson Garcia, who is currently a professor at the University of San Diego, said she was speaking out over a sense of responsibility. "I'm here for my daughter's sake, my step-daughter's sake," she said, holding back tears.
The Department's Office of Federal Contract Compliance Programs slapped the tech giant with a suit in January 2017, days before President Barack Obama left office. The complaint alleges that Oracle engages in "widespread" compensation discrimination at its headquarters in Redwood Shores against female, Asian and black employees in product development, information technology and support roles.
OFCCP, which investigates and pursues discrimination claims against federal contractors, contends that Oracle violated an executive order banning discriminatory hiring and employment practices, as well as laws prohibiting federal contractors from discriminating against workers while accepting $100 million in government contracts over the past two decades.
Janet Herold, regional solicitor for the Western Region of the Office of the Solicitor General, said at the hearing the OFCCP intends to prove that Oracle's compensation decisions were controlled by top management. Herold said the office will present evidence that Larry Ellison, Oracle's co-founder and current executive chairman and chief technology officer, deploys "a strong top-down decision structure" and that compensation requests go through his office.
"Indeed to corroborate Oracle's discriminatory intent, the OFCCP will focus on actions Oracle did not take, specifically analyzing compensation data, keeping complete data, training management on how to ensure compensation decisions are not influenced by gender or race and providing a budget and well-trained team to investigate internal discrimination," she said.
Oracle's legal team, which includes Orrick's Erin Connell and Warrington Parker, rebuffed assertions that the company discriminates against minorities, arguing that it hires and pays based on product-specific skills.
"Oracle does not pay these individuals the same because their work differs and the market does not value their work the same," Connell said. "It's not discrimination, its basic economics."
OFCCP noted that an analysis of the company's wage data showed gender pay gaps of around 20%, and pay gaps among Asian and black workers ranging between 10% and 20%, compared to their white counterparts.
Connell said the statistical models are "divorced from the facts and based on inaccurate and ill-formed assumptions" and do not support the DOL's claims.
A week before the hearing, the company sued the department in federal court in Washington, D.C., claiming the OFCCP has "subjected Oracle to administrative proceedings that are unauthorized and impermissible, in violation of the law, and separation of powers" in an attempted "power grab."
Over the past few years, the parties have flung allegations of misconduct and ethical breaches at each other, and Oracle has raised concerns of political motivations in the case, especially given the fact that the DOL filed the complaint days before President Donald Trump's inauguration.
Earlier this week, Administrative Law Judge Richard Clark, who is overseeing the proceedings, granted the OFCCP's motion for summary judgment on Oracle's affirmative defenses.
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 AllApple Asks Judge to 'Follow the Majority Practice' in Dismissing Patent Dispute Over Night Vision Technology
Schools Win Again: Social Media Fails to Strike Public Nuisance Claims
5 minute readElon Musk Names Microsoft, Calif. AG to Amended OpenAI Suit
Law Firms Mentioned
Trending Stories
- 1Senators Grill Visa, Mastercard Execs on Alleged Anti-Competitive Practices, Fees
- 2Deal Watch: Gibson Dunn, V&E, Kirkland Lead Big Energy Deals in Another Strong Week in Transactions
- 3Advisory Opinion Offers 'Road Map' for Judges Defending Against Campaign Attacks
- 4Commencement of Child Victims Act at Heart of Federal Question Posed to NY's Top Court
- 5Bolstering Southern California Presence, Sidley Austin Settles Into Revitalized Downtown LA Office
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