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Judge Dismisses Lawsuit That Claims Google Paid Female Employees Less Than Male Colleagues (cnn.com)

A California judge has rejected a class action claim against Google for alleged gender inequity. In September, three female Google employees filed a lawsuit against Google, claiming the search giant "engaged in systemic and pervasive pay and promotion discrimination." They sought class action status on behalf of women who have worked at Google in California for the past four years. CNN reports: This week, a judge rejected their request to make the suit a class action. A judge ruled that the class was "overbroad," stating that it "does not purport to distinguish between female employees who may have valid claims against Google based upon its alleged conduct from those who do not." Jim Finberg, the lawyer representing the plaintiffs, said his clients plan to file an amended complaint seeking class action certification. He said it will address the court's ruling and make "clear that Google violates the California Equal Pay Act throughout California and throughout the class period by paying women less than men for substantially equal work in nearly every job classification."

16 of 257 comments (clear)

  1. #MeeToo Crowd will appeal until by Anonymous Coward · · Score: 5, Insightful

    it find a liberal judge.

    It's been said before, companies do not systematically pay women less, if they did, they would only hire women.

    1. Re: #MeeToo Crowd will appeal until by Anonymous Coward · · Score: 5, Interesting

      Sexual harassment and sexual assault should not be tolerated. But there's no nuance to the discussions, no proportionality between the allegations and the reaction. People are afraid to speak up and question what's going on right now. The are some parallels between Star Trek TNG'S The Drumhead and movements like #Metoo.

      When anyone who calls into question how far the movement will go is labeled as being against women, which I've seen happen, it's out of hand. I'm for changing the status quo, but left unchecked, these movements get out of hand. When that happens, the consequences can be harmful to most or all involved. Look at the French Revolution as a movement based on an admirable goal that completely got out of control.

      The goal seems to be to punish men, but there isn't a lot of discussion on how to actually solve the problem. The real issue is the differential in power that lends itself to abuse, and how when victims speak up, they often face retribution. Yes, there needs to be consequences for abuse, but that doesn't actually solve the problem that enables the abuse to happen to begin with. That is the logical end goal, but that's not what the movement seems to be after.

    2. Re: #MeeToo Crowd will appeal until by ArmoredDragon · · Score: 4, Insightful

      That depends on what aspect you're talking about. With sexual harassment, yes, definite problem. And interestingly enough, it turns out that those who often shame it are purveyors of it.

      With regard to pay discrimination, sorry, but there's no merit to it. Yes, there is an earnings gap, but no, there isn't some giant man conspiracy or corporate culture that makes it so. The research has been done extensively on this, and in the vast majority of cases, the earnings difference comes down to good ol' fashioned biology, especially when it comes to maternity. This is one of those things in life that cannot be helped.

    3. Re: #MeeToo Crowd will appeal until by TimothyHollins · · Score: 4, Informative

      You want to spout this lie again? After it's been debunked over and over and over? The biological stuff is still there, the pink dolls and cars are still there, the maths and engineering stuff is still there.

      Here is the same video as always, the one put forth when you make these debunked claims again and again.

      https://www.youtube.com/watch?...

    4. Re: #MeeToo Crowd will appeal until by The+Cynical+Critic · · Score: 5, Insightful

      I've seen people post that article as proof that Damore was wrong, but all it really does is try to belittle the effect of all the scientifically proven gender differences Damore brought up in his memo. It doesn't disprove anything Damore actually brought up in the the memo, the author merely belittles every single fact Damore uses to explain why the status quo is what it is and why trying to change it will come with numerous ill effects for the organisation and the people working for it.

      Seriously, when all you can do is try belittle someone else's points rather than actually disprove any of them it goes to show that you don't actually have a leg to stand on. You're merely reflexively disagreeing with someone, refusing to admit you're wrong when you know you are.

      --
      "Why should I want to make anything up? Life's bad enough as it is without wanting to invent any more of it."
  2. Re:Next step by Anonymous Coward · · Score: 5, Insightful

    I'd like to see the phrase "sexual assault" go away and be replaced with a description of what *actually happened*. It's too easy to fit a multitude of different behaviours into a neat little box like "sexual assault" and defame somebody with it.

    Also, you can tell by the fact that only men are being "outed" that there's an agenda at play in the media. Just like how you only ever see "black lives matter" but not "Chinese lives matter" or "white lives matter" or "immigrants lives matter" or anything else that doesn't fit into their flavour of the week agenda based reporting.

  3. This could be interesting. Statistics are interest by raymorris · · Score: 5, Interesting

    This may be interesting to watch. Individual cases of discrimination are often like any other case there is direct evidence, or not. Class actions tend to rely on statistics and that always reminds me of a certain university case.

    In the university case, the primary evidence brought by the plaintiffs was that the school accepted a significantly higher percentage of male applicants than female applicants. That seemed pretty clear-cut. If the school admits 60% of male applicants and 45% of females, that looks a lot like there may be systematic discrimination against women.

    The school pointed out that EVERY department admitted a higher percentage of women than men, however. When every department admits 60% of female applicants and 45% of men that looks a lot like systematically favoring women - discrimination against men.

    Here's what had happened. The school had one department that was highly regarded, with competitive admissions. I don't recall offhand what the department was, so for the sake of this discussion let's call it the nursing school. It just so happened that the best department, the department with the most competitive admissions, was a department with mostly women applying. Most people who applied to the nursing school we're not accepted, and most people who applied to the nursing program were women.

    Most male applicants applied to other, less competitive programs at the school.

    Women had a BETTER chance of getting into the nursing program than men did. Every department admitted women at a higher rate, but the school as a whole rejected more females because their nursing program was that good - they rejected more nursing applicants than other majors.

    The sad lesson for university administrators - if you don't want to be accused of discrimination, make sure the programs that women enjoy aren't your best programs, which will make admissions more competitive.

  4. Wait for it, wait for it... by SuperKendall · · Score: 4, Funny

    They sought class action status on behalf of women... A judge ruled that the class was overbroad,"

    Ohhhhhh, I get it!

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  5. Re:This could be interesting. Statistics are inter by WrongMonkey · · Score: 5, Informative
    You seem to be describing a very famous case example of Simpson's Paradox, not an actual legal case.

    https://en.wikipedia.org/wiki/Simpson%27s_paradox#UC_Berkeley_gender_bias

  6. Re:Economists Have Already Explained Why This Happ by greenwow · · Score: 4, Informative

    Plus women just work fewer hours. I pulled our door badge logs a few months ago, and even with the report screwing-up and not counting men that worked more than 24 hours straight, men still worked about 106% longer hours than the women. IIRC, the average for women was 36 hours a week and 74 hours a week for the male engineers. Of course the women are going to make less.

  7. Re:Next step by Anonymous Coward · · Score: 5, Interesting

    In a team of 5 men, the men are free to bounce ideas off each other, insult each other frequently, and establish a stable hierarchy. Creativity is unleashed, but incompetence is punished quickly. They can get shit done, and nobody sits around crying about how offended they are. At the end of the day, whatever got yelled at whoever is tabled, and you can grab a beer together, no hard feelings.

    In a team of 4 men and 1 woman, the 4 men must walk around on eggshells and constantly self-censor. Should the women ever at any time feel that she is anything other than the most important person in the room, any or all of the men will face lawsuits or blackballing from HR firms. Creativity is squashed immediately: whatever the woman suggests must be adopted without criticism, else it is mansplaining and lawsuit time. You can't get a beer after work: include the woman and it is sexual harassment, exclude the woman and it is sexual discrimination.

    Productivity collapses as you add additional women to the team. God help you if there's a minority among them. Stasi informers were less zealous.

    Is it any wonder that the politically incorrect developing world is eating our lunch?

  8. Re:Next step by djinn6 · · Score: 5, Insightful

    ...the five members of the team are not all of equal value, because the one woman brings something that none of her colleagues have, a woman's perspective.

    You're saying there are innate differences due to gender. One gender could do something the other couldn't. Then wouldn't those differences mean women and men are not necessarily equally effective? And if that's the case, then wouldn't different pay could be justified by different productivity?

    Or to put it simply, if you accept there are innate differences between the genders, then you must necessarily accept different pay, hiring ratio and other such metrics can be a natural outcome due to those differences.

  9. Don't Make The Mistake... by ytene · · Score: 5, Insightful

    ... of reading the OP and concluding that the presiding Judge is in any way biased against the plaintiffs (the three female Google employees).

    If anything, the exact opposite could be true.

    The Judge will know that this case is going to be ferociously defended by Google, that it will garner a very great deal of public interest and scrutiny and that, if it gets as far as substantive rulings, could very well set a precedent and become case law that is cited in future disputes. In other words, the Judge simply can't afford to allow even a small chink or gap or flaw in the prosecution's argument, because to do so would be to invite the defendants to demand that the case be tossed.

    Nor should you read the above statement and conclude that I believe the Judge to be inclined towards the plaintiffs in this case. The Judge will equally demand that the defendants are thorough and reasoned in their arguments.

    This case has all the hallmarks of something that will be super-significant. The Court is simply making sure that both parties put their best legal foot forward.

  10. Do that adjustment, if you want and also the oppos by raymorris · · Score: 5, Interesting

    If you want to adjust for whatever you think the value of diversity is, fine - if you're the boss and you think it'll help your team be more effective, cool.

    ALSO recognize there are other effects, if you want to the best performance. At my last job, my department shared a wing of the building with the accounting department. The accounting department was mostly women, including the CFO. My department was mostly men. In my department, we socialized by "giving each shit" - basically insulting each other, as male friends and co-workers do. We enjoyed some competition and it helped us do a better job. My boss, who was female, got along well in the culture of our department too - a culture that followed traditionally masculine norms.

    The accounting department, mostly females, functioned differently. They didn't "give each shit" to socialize, rather they complimented each other, including "where did you get those great shoes?" That worked for them. The department of women had a way of working together based on how women normally interact, and it worked well.

    My current job was similar. We had a good team, who helped each other a lot. We were learning a lot from each other. Then our team was combined with a team from another country, with a different culture. That has made daily Scrums, code reviews, and generally getting things done MUCH harder because in their culture you don't criticize someone's work and you definitely don't ever ask for help. We have to be very careful about learning from each other now because if you point out a different way to do something, somebody is going to get offended - it's insulting, in their culture. Don't offer to help when you have free time and relevant expertise - that means you're implying they are stupid or incompetent. The other team may have been doing great work using whatever social norms they used, but forced diversity has a real cost to our team. Just before combining with the other team, we also hired a guy from another country, with another set of norms about how team members should interact. It makes things tricky. Part of my job is training my team mates on some things. It's really hard to train the one guy who comes from another culture, because I don't understand how to relate to him, how to approach him.

    Diversity has some benefits, and it has some costs. My boss at the last job wasn't a girlie girl. She enjoyed "hanging out with the guys", so it was a natural fit. The soft, sensitive guy who worked in accounting with the ladies my have been a natural fit too. Forcing "diversity", especially one man on a team of women or one woman in a team of men has some costs. I never thought about gender when I hired but if I'm ever in a position where I *have* to think about, I'd much rather have a fully balanced team of four women and four men than have only one "odd man out" in a team where everyone else is the opposite gender or culture, leading to one person not fitting in with how the team works.

    Just FYI, thinking back over who I've hired, I've hired probably 65% women, 35% men, mostly because I hired for people working under my direct daily supervision and I'm an alpha, dominate personality. In other words, there was no question I was the boss and the leader. A nice, caring boss maybe, but very much the boss. I generally want things to be done my way. At least, learn my way and start by doing it my way,
    then make changes only after you fully understand how I do it and why I do it that way. On average, more women are comfortable working in that type of than men. Men *generally tend* to want roles with more autonomy than what I hired for. The men generally didn't stick around as long as the women.

  11. Re:Next step by cerberusss · · Score: 4, Insightful

    I'm no social justice warrior at all, but this is incredibly generalizing. It just completely depends on the people involved. It sounds like you had a bad experience once, and then assumed it's the same everywhere.

    It's not. I've worked with women in teams that resulted in an unpleasant work environment. And I've worked with women in teams that resulted in a great project.

    --
    8 of 13 people found this answer helpful. Did you?
  12. divide & conquer by Reverend+Green · · Score: 5, Insightful

    If they scream loudly enough and often enough about a non-existent problem - remember in almost all US megacorps, there is codified systemic employment bias against men - then we will forget about the real problems in the workplace.

    Workers upset that wages are stagnant while cost of living is skyrocketing? "He looked at me the wrong way! Reeeeeeeeeee!"

    Workers angry that their jobs are being offshored while executives sit back and collect handsome bonuses? "He said 'hi' to me, I feel harassed. Burn the witch! Reeeeeeeeeee!"

    Workers demoralized because the entire management of the company went to the same three elitist private schools, and public school grads don't have a snowball's chance in hell of getting promoted? "Misogyny! Microaggressions! Literally Hitler! Reeeeeeeeeee!"