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Oracle Systematically Underpaid Thousands of Women, Lawsuit Says (theguardian.com)

Thousands of women were systematically underpaid at Oracle, one of Silicon Valley's largest corporations, according to a new motion in a class-action complaint that details claims of pervasive wage discrimination. From a report: A motion filed in California on Friday said attorneys seek to represent more than 4,200 women and alleged that female employees were paid on average $13,000 less per year than men doing similar work. An analysis of payroll data found disparities with an "extraordinarily high degree of statistical significance," the complaint said. Women made 3.8% less in base salaries on average than men in the same job categories, 13.2% less in bonuses, and 33.1% less in stock value, it alleges.

The civil rights suit comes as the tech industries faces increased scrutiny of gender and racial discrimination, including sexual misconduct, unequal pay and biased workplaces. The case against Oracle, which is headquartered in Redwood Shores and provides cloud computing services to companies across the globe, resembles high-profile litigation against Google, which has also faced repeated claims of systematic wage discrimination.

39 of 394 comments (clear)

  1. Re:Should be easy to defend by mark-t · · Score: 2, Insightful

    Correlation is not causation. There is no proof that the inclination is caused by biology, nor the degree of productivity.

  2. Equal opportunity by Anonymous Coward · · Score: 2, Insightful

    Equal opportunity doesn't mean equal results. There are tons of explanations that could account for the statistical difference that are not discrimination.

    I recall reading about a company who's salary decisions were completely made by computer, which never knew anything about gender, and there was still a gender pay-gap. So the computer was "fired" (discontinued, same thing) for being sexist.

    That said, it's still possible that there is discrimination going on that should be investigated, but it shouldn't be the default call-back.

    A Navajo said it best, IMHO: "It is a sad time we live in where outrage is a recreational activity."

    1. Re:Equal opportunity by sjames · · Score: 2, Insightful

      The computer is only as good as it's programming. Dig deep enough and you will find some sort of proxy for gender that the software was using as part of the determination.

  3. Devil's adocate by Anonymous Coward · · Score: 3, Insightful

    Salary is not simply a function of the job. It also depends on your resume and experience. Seems completely possible to me that a 4% difference could simply be explained by the opportunity cost of maternity leave.

    1. Re:Devil's adocate by serviscope_minor · · Score: 3, Insightful

      Devil's adocate

      Wow, just wow.

      Up until today, if Oracle were accused of doing evil thing X, everyone piled in saying "yeah it's Oracle, so probably they did", or "that's nothing, Oracle fucked me over with evil thing Y and that's worse, so fuck Oracle".

      There's pretty much nothing people would defend Oracle for and everyone was prepared to assume the worse based on a long and storied history of incredibly shitty behaviour. Basically on one here would give Oracle the benefit of the doubt because they thoroughly squandered any benefit as anyone who's suffered under an Oracle system knows.

      Seems completely possible to me that a 4% difference could simply be explained by the opportunity cost of maternity leave.

      Yeah anything's possible. On the other hand, Oracle has a rich history of fucking over ayone the can get their tentacles on, so it's entirely reasonable to assume the worst of them until proven othrewise.

      Oracle are not a human and they're not in a court of law, so we don't have to presume they're innocent. If a known fucker is accused of being a fucker, it's absolutely fine to assume they are indeed a total fucker.

      This is Oracle. They're dicks. About everything. Fuck them they're most likely guilty of this.

      --
      SJW n. One who posts facts.
    2. Re:Devil's adocate by alvinrod · · Score: 3, Insightful

      I think the takeaway that even though people believe Oracle is evil, they're simply more skeptical about wage gap bull crap.

      I'll believe that Oracle will try to fuck over anyone they can, but I'd have to ask why they aren't also fucking over their male employees?

      We all get they're evil, but are they the kind of chaotic evil such that they have intentionally chosen to fuck over men slightly less than they otherwise could just for shits and giggles? Do they get more evil utility out of stirring the pot to piss off feminists or something like that?

    3. Re:Devil's adocate by Anonymous Coward · · Score: 5, Interesting

      Up until today, if Oracle were accused of doing evil thing X, everyone piled in saying "yeah it's Oracle, so probably they did"

      If Oracle are accused of doing evil thing X *that benefits them*, then most Slashdotters will agree that they probably did it.

      But this case doesn't make sense. Why would they pay men extra, if they could hire women at a lower rate to do the same work?

      On the other hand, feminists have also earned themselves a poor reputation - and a spurious lawsuit like his would be entirely consistent with their history. Of the two evils, Oracle is probably, for once, the innocent party here.

  4. Re: Should be easy to defend by Anonymous Coward · · Score: 3, Insightful

    Correlation is not causation. There is no proof that the pay difference is caused by gender discrimination as opposed to performance.

  5. Does not logically follow by Roger+W+Moore · · Score: 4, Insightful

    Study after study has shown that women are biologically less inclined in technology and obviously they would be less productive in a high-tech company

    Sorry but that does not logically follow at all. Just because it is rarer for women to be interested in technology it does not mean that those individual women who are interested are any less skilled it just means that there are fewer of them. Your point could explain why Oracle hires more men than women but not why it pays them less.

    1. Re:Does not logically follow by jpaine619 · · Score: 5, Insightful

      In education I'd tend to believe you as women, at least in the US, make up the larger proportion of teachers. At the employment level I call Bullshit. Show us your numbers. Your claim flies in the face of every study I've ever seen.

      Sweden is frequently cited as one of the most gender neutral countries in the world, yet they still show the typical (western) divisions in labor. Men are the ones doing the manual labor and engineering fields, while women continually pick the more domestic and people oriented jobs.

      This absolute denial, by the left, that men and women are different is lunacy. We know we're different.. Yet these rabid SJWs will froth at the mouth if you voice that.

      Over the years I've had a handful of job interviews for pretty high paying jobs that involved lots of work outdoors, long hours, and working at height. During those applications, I've never seen a single woman show up EVER. These were jobs that paid in excess of $100K/year. (Roughly double the median income for California and in this area a very good salary. One can be more than comfortable on that pay). But, they don't want to work outdoors, they don't want to work mandatory overtime, and they don't want to work at height. (In this context "they" means the majority. I'm not implying 100%)

      At some point the left is going to have to come to the same conclusion that anyone with brains has come to, if women did equal work to men for less pay, why the fuck wouldn't companies hire only women?

      This is an aside, but relevant to the differences in biology and mental character: Back when the telephone was still a new thing, brand new really, AT&T (Bell System) hired males as switchboard operators (yes, because of sexist reasons - the feeling at the time was that women should be at home), but that policy was rapidly scrapped once it became clear that men sucked at that job. Men are abrasive, argumentative, combative, and lack the same level of interpersonal skills that most women have naturally. It wan't unusual for male operators to be fired for telling a customer to "go fuck yourself". The female operators didn't do shit like that. Generally (not 100%, but a large percentage) were friendly, polite, and empathetic. They tended to have the personality to soothe customers rather than battle them.

      Gender differences are real.. Deal with it. You aren't going to erase millions of years of evolution just because you want to.

      The average male is stronger than 85% of women. The strongest 15-20% of males are stronger than 100% of women.. That's a difference.. It's biological.. It's real... It's how it is.. That alone will excluded most women from most physical jobs where any type of heavy lifting is involved. How the hell do you legislate that away?

    2. Re:Does not logically follow by jpaine619 · · Score: 2

      Apart from that being a rather sexist thing to say about men, the idea that it could have much influence on switchboard operation is laughable.

      It's not sexist.. Goddamn.. That's my whole point... It's reality.. Men (as a whole) are absolutely more combative and abrasive than women. AS A WHOLE. Look at prison populations.. Look at bar fight stats.. Look at anything involving violence.. it's almost always men.. I am not implying there are no women beating people up.. But the ratio is probably north of 10 to 1 in favor of men.

      And, as another person pointed out, the switchboard story is history.. perhaps not well known in general circles, but certainly among the older telecom people.. The issue is your lack of imagination. You assume the only thing a switchboard operator did was connect people to other people. But no.. They dealt with people.. It's unbelievable what some people expect out of other people.. Regardless, the young men were fired and replaced with women. This was not a fiscal decision. It was a public relations decision. People didn't hire women back then unless they had to.. Back then people were sexist.. If you had a job that could be done by a man, you damn well better hire a man to do it.. You had to really justify hiring women..

      Facts are not sexism.

  6. Case not as strong as you might think by MikeRT · · Score: 3, Interesting

    After college, over a decade ago, I interviewed with them on the consulting side. Their compensation structure was all based around work, work, work, bill, bill, bill leading to bonuses and such. It is precisely the sort of environment where the average woman is going to flame out on compensation because few women are going to want to work 20 hours of unpaid overtime to beef up a quarterly bonus. It's an environment made for workaholic men.

    In other words, unless you are one of those people who believe that a workaholic culture is "institutionally sexist," the level of real sexism may very well not pass muster with a federal court.

    1. Re:Case not as strong as you might think by alvinrod · · Score: 3, Interesting

      They're not necessarily behaving illogically until they realize that their extra work isn't translating into additional pay, at which point they shouldn't stick around. If they leave, the only ones who remain are the people who did come out ahead, which just means that the next batch of new employees only see examples of employees who worked extra hard and made big bonuses, further incentivizing this behavior.

      I think Oracle knows exactly what it's doing, and from the perspective of a newly hired employee putting in extra work appears to be a really good idea.

    2. Re:Case not as strong as you might think by HornWumpus · · Score: 2

      Extra facetime. Never forget burnout. Expect hours over 50 to have negative productivity in all but the very short term. For 'brain work', 'bullshit and stoop work' is different.

      Producing more working code is not going to translate into more pay, because the idiot's metrics are _broken_. They got the middle manager position by kissing ass and putting in facetime. That's exactly what they will manage for.

      There is an iron law of management: 'You get what you incentivise.' Not what you ask for, leading by example, mission statement or any other bullshit.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  7. In other news by guruevi · · Score: 5, Interesting

    Single women without dependents make 8% more than their male counterparts with same education and experience across the US, in large cities like Atlanta the pay gap is 21%
    Women are 50% more likely to graduate from college.

    Politifact rates it Mostly True solely because they can't find more recent statistics that disprove their narrative.

    Over time, women (as a statistic) make different choices and prefer life over work. They tend to work less hours, take less overtime, are happier, live longer lives and don't die from work-related accidents or diseases (as in >1 percent of work-related deaths are female), they also make only 1-3% less over their lifetime than males (a statistic that reverses when you account for education and single motherhood) but that 3% makes all the difference as this wealth disparity is pretty much concentrated in the top 1%.

    --
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    1. Re:In other news by tomhath · · Score: 4, Insightful

      Cherry picking statistics can show anything.

      Cherry picked statistics are the basis of the lawsuit.

    2. Re:In other news by AmiMoJo · · Score: 2, Insightful

      The important thing to take away here is that increasing equality benefits everyone. Pay should be unrelated to demographics, as should educational opportunities.

      Men should be encouraged to stick with education and get those well paid, skilled jobs, and then not burn out in them with excessive hours and stress. Women should not be penalized for getting older or having families.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    3. Re:In other news by Anonymous Coward · · Score: 3, Interesting

      The unintended consequences are being seen in my example above of the County Commissioner's crusade to hire almost all female to balance a perceived gender-inequality.

      Here's where real-world reality meets the gender-equality feelz. In this locality the county commissioner gets to appoint 8 Direcotrs of various departments. Within one year of being hired, after barely getting their heads wrapped around their new jobs, 3 of those 8 left on their family medical leave for months. 2 waited until the last day of that leave to just resign outright. The other is now unable to work any overtime, routinely arrives late or leaves early (if they come in at all). These are Utilities Direcotors, Public Works Direcotrs, Directors respoinsible for trash pickup, water treatment plants, road maintenance, animal control, etc. These departments are in shambles now and its dramatically effecting normal resident's lives, becoming a public safety issue at this point. There's no one to escalate problems to. No one accountable for anything. Real world stuff, not post-modernist theory. Dare to mention it though and you hate women. The local paper won't even touch it.

    4. Re:In other news by jpaine619 · · Score: 4, Insightful

      The important thing to take away here is that increasing equality benefits everyone.

      What the fuck? No it doesn't..

      Equality of OPPORTUNITY benefits everyone. Equality of OUTCOME benefits only the most unproductive and lazy members of society.

      Equality of opportunity exists in Sweden (and most of the Nordic countries), yet the outcome is nearly the same as in the rest of the western world.. Women and Men self segregate. Women are going into the "social" jobs, while men prefer the "physical/mental" jobs. The only way you can possibly remedy this is to force people into jobs they do not want. This isn't speculation, it's observed reality.

      When you give men & women the maximum freedom to choose what they want to do for a living, it turns out that they do not want to do the same things..

      I'd like to suggest you read this article: https://www.theglobeandmail.co...
      Here's a snippet:

      The trouble is that the world's most liberated women aren't leaning in – in fact, many are leaning back. They work fewer hours and make less money than men, just as Canadian women do. In fact, Swedish women are much more likely to have part-time jobs and far less likely to hold top managerial positions or be CEOs. On top of that, Scandinavian labour markets are the most gender-segregated in the developed world.

      Women do make up 25 per cent of Swedish corporate boards, but only because of quotas. The greatest concentration of senior managers, CEOs and other highly paid power women isn't in Scandinavia. It's here in North America, where working women's lives are much tougher.

      It turns out that all these family-friendly policies have an unintended impact on the gender gap, as Kay Hymowitz and many others have noted. By making it easy for women to drop out of the work force and work shorter hours, they make it harder for women to progress in their careers. Swedish men have these options too, but they don't take them. So women don't advance as far as men. And they are also considered less desirable by corporate employers who need people on the job 24/7.

      i.e. when you remove all the legal and fiscal barriers, women don't want to work outside the home.. Sweden proves it...

  8. Possible consequence - equal work hours by sinij · · Score: 5, Insightful

    I choose to be optimistic, perhaps consequence of this mandatory gendered equal pay is that men will be allowed to "lean out" of crazy overtime and weekend hours that have been expected up to this point.

    1. Re:Possible consequence - equal work hours by currently_awake · · Score: 2, Interesting

      Hiring more workers is cheaper than chronic overtime. Hiring and training new workers is more expensive than keeping your current workers. Unless there is a severe personnel shortage this behavior reduces corporate profitability.

  9. This is all just a side show, a distraction by rsilvergun · · Score: 5, Insightful

    Americans are making 20% less than they used to (article says "Millennials" but I don't know about you but I took a paycut when the economy crashed in 2008).

    Men and Women are now fighting among ourselves over 1-3% (a percentage that might just be due to men not taking time off for child rearing) while the ruling class is laughing all the way to the bank with that 20%.

    This has been modus operandi for centuries: wedge issues. You find something to divide the working class into manageable chunks. Race, creed, sex. Hell, when the Japanese couldn't do it with race because they were all Japanese they made up classes based on jobs and kept books of them by name.

    Don't fall for it. Demand better pay for all workers. Support the push for higher minimum wage. Vote in your primary for pro-Union, pro-worker candidates who refuse corporate PAC money. Demand all workers get healthcare that isn't tied to your job so you can switch jobs at will.

    We've got bigger fish to fry than this. Don't get into the trenches with your fellow workers fighting while the rich laugh at you

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:This is all just a side show, a distraction by alvinrod · · Score: 3, Interesting
      I'm not sure if that article does a good job of convincing me of the point it's trying to make.

      Not so for her. Ledesma graduated from college four years ago. After moving through a series of jobs, she now earns $18,000 making pizza at Classic Slice in Milwaukee, shares a two-bedroom apartment with her boyfriend and has $33,000 in student debt.

      Her mother Cheryl Romanowski, 55, was making about $10,000 a year at her age working at a bank without a college education. In today's dollars, that income would be equal to roughly $19,500.

      So, her mother was making about the same amount of money, but just didn't have the added debt. I don't know what Ms. Ledesma chose to major in while she was in college, but I'd bet money it was some useless degree. She should be thankful that the price of that education has only come out to $33,000 as there are plenty of people who've accumulated six figure debts that they realistically have no hope of ever paying off.

      The article also points out that the 20% figure only applies to white millennials, whereas black millennials are about break even (-1.4%) but latino millennials are actually better off (+29%) than their parents were. Although they're a small part of the population, I'd bet the Asian Americans are also up, possibly even more than 29%. People who buy into the notion of white privilege should be happy as it appears that's worth a lot less than it used to be. Otherwise it just looks like economic osmosis.

      Given what example solutions you posted, I don't expect you to agree with this, but I did notice that anything about preventing or curtailing illegal immigration. What do you think happens to wages and the value of unskilled labor when the supply of it increases? I don't want to come off as disparaging these immigrants, as they're often hard workers and not really all that much different in most ways than the majority of our own ancestors who at some point came to this country in hopes of a better life, but most estimates put the number of people who are here illegally at around 10 million, though some are much higher. I don't think it's in any way feasible to even try to "round up" or deport everyone who's here illegally, but I suspect that it would have more of an affect on wages for low or unskilled labor than any of the suggestions that you're proposed.

      So my question is do you care about this particular problem, or are you just using this particular problem as a vehicle to shove your agenda?

  10. Re:Should be easy to defend by TimothyHollins · · Score: 5, Interesting

    Correlation is not causation. There is no proof that the inclination is caused by biology, nor the degree of productivity.

    I don't know anything about productivity, this is the first time I've heard someone mention it. But the inclination, oh boy.
    https://www.thejournal.ie/gend...
    There's even a wiki page on it: https://en.wikipedia.org/wiki/...
    As always, I wouldn't trust the wiki page, but the sources might be interesting.

    Oh, and here's a documentary from the Norwegian state channel. Don't worry, it's subbed in English. It's a good watch, quite explanatory. https://www.youtube.com/watch?...

    So yes, it seems to be heavily influenced by biology, even more so than findings from not-so-equal countries might suggest.

  11. Re:As far as "correlation != causation"? Ok... apk by Vanyle · · Score: 2

    Sticking your hand in a fire isn't correlation, it is direct observable cause

  12. Women have to push for what they want by magzteel · · Score: 3, Insightful

    From the article: "I just couldn’t believe it. I was angry,” Marilyn Clark, one of the Oracle plaintiffs, told the Guardian. The complaint alleged that she discovered the wage gap when she saw a pay stub a male colleague had left in a common area. “I felt like I had been punched in the gut.” Clark, 66, who has since retired from Oracle, said it was particularly painful because she had even trained the male employee, who was making roughly $20,000 more than she was, amounting to a 22% higher salary. Clark, 66, who has since retired from Oracle, said it was particularly painful because she had even trained the male employee, who was making roughly $20,000 more than she was, amounting to a 22% higher salary."

    The reality is this is her own fault. This is not a union job with fixed pay scales.
    People make more because they ask for more and create a perception of value.

    From my experience, when taking a new job:
    Women undervalue themselves and they ask for the comp they think they deserve or is the most the employer is willing to pay
    Men ask for what they want, not what they think they deserve, and don't care about the employers problems

    When annual comp happens, raises and bonuses can very often be crappy
    Women will be unhappy but will not change jobs to get what they want.
    Men change jobs aggressively.

    In fact, from a management standpoint knowing you will eat shit and not change jobs just provides evidence they are paying you appropriately.

    1. Re:Women have to push for what they want by The+Evil+Atheist · · Score: 3, Insightful

      Women are pushing for what they want. They're just doing it through the courts. If you don't play fair, why should they play fair? Play fair, and women wouldn't have to go to the courts.

      --
      Those who do not learn from commit history are doomed to regress it.
  13. Re:Perspective by DCFusor · · Score: 2
    I also despise Oracle, but there's no need to lie about how bad they are or why, there's plenty already, and internal pay inequality is not even the biggie.
    Funny, I'm white, male, all that. And being mostly the best engineer I'd ever met, the rate of my pay and promotions always seemed unfair to me - had I been one of those other - person of color, wrong sex, whatever - I'd have been sure there was discrimination. And no reasoning would have convinced me otherwise. This observation is to me, quite eye-opening. I'm now out of the game and old enough to look back with a little less ego in it and see why things were the way they were in my own career (which was quite successful in the end).
    I was brash, a bit of a prick, bad people skills, immature...but technically a fantastic engineer otherwise. I had zip for social and negotiating skills, only bothered to be nice to others I felt might be worth it and who might help me up the ladder, in other words, I was a real asshole.
    And people put up with it because I delivered the goods, technically, but I'm pretty sure they didn't like it. It's embarrassing now to look back on in some ways.
    .

    My point is, if there is one, that if you're too close to a situation, it's hard to be an honest judge of it. If you go in with an agenda, no hope of finding truth. And in my own case, yeah, I was "discriminated against" and for damn good reasons, they just didn't have anything to do with my "identity" or "class" as people now would divide things up to make conquering easier. I'm so grateful I wasn't anything but white, but not for the reason that white males did better - there was still only one person at the top, after all - and that was the big issue, there's not much top, and to be there you have to have more than one thing working right. Had I been one of those "repressed" identities, I'd be dead sure to this day that my failure to get to the top super fast was discrimination, patriarchy, totalitarianism, favoritism, cronyism, whatever. Nope...it was that the world isn't, and probably shouldn't be, a pure meritocracy in some narrow definition of that concept. Sure, I was one of the best EE's ever - but that's not all there is to merit in an engineering job, not by a very long shot. Doh!

    --
    Why guess when you can know? Measure!
  14. I'm not rooting for those people by rsilvergun · · Score: 2

    you've completely misread my point to make a straw man (e.g. you're attacking my supposed defense of people who support the equal pay movement when I've done the opposite, I've attack the movement as nonsensical).

    Yes, there are some rubes on the left who have fell for the equal pay garbage. Even Bernie Sanders gets into it. People on my side can be wrong. You'll note that Bernie doesn't bang on about it much. It gets a passing mention. His main goal right now is and has been Medicare for All and a living wage. So he gets my vote.

    Now, if you want to talk about folks using identity politics to divide and conquer, that's your "Clinton" Democrats or "New" Democrats (as they like to call themselves). That's your Pelosis and your Chuck Schumers. Those folks suck and can go to hell.

    But I don't care that they're Democrats. That doesn't matter. What matters is always, always, _always_ policy. The Clinton Dems are on the right wing. Doesn't matter if they've got a D next to their name, they're pro-corporate, anti-worker right wingers. That's what matters. They oppose me and mine. I've got friends with medical conditions they woulda let die. I am not nor have I ever defended their policy views. I might swallow my bile to vote for one (I voted for Clinton herself) because I'm not a child and there really _is_ such a thing as the lessor of two evils, but that doesn't mean I support or defend them.

    Stop putting words in my mouth and wake up. You're being used by the American ruling class governing from the right wing. They'll eat you alive. If you happen to die before they do they'll eat your friends and family. The only way to win with them is to be one of them (and if you're posting on /. you're probably not) or to die with no friends and no family left behind. That's not a life fit for anyone...

    --
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  15. Re:Should be easy to defend by hey! · · Score: 2

    This of course is why we have trials. You select a jury who has the fewest or at least the most minimally entrenched preconceptions and have at it.

    It's not clear to me at all that this would be an easy suit to defend against; nor is it clear to me that it's an easy suit to win. It depends on specifics, doesn't it? Even if you believe that its a consequence of nature that women are on average paid less than men, that doesn't mean some sufficiently idiotic management might not discriminate against individual women on the basis of sex rather than ability. Nor would it stretch the bounds of credibility that they might leave some kind of paper trail that exposes them. None of that is mutually exclusive with the hypothesis that men on average are better engineers.

    Now here's what I think, based on what I know about Oracle from having been an Oracle business partner. The corporate culture of Oracle is greedy and ruthless. It is (or at least was ten years ago) predicated on locked in customers having to put up with Oracle's shit. I think if there were an assumption that women are less marketable than men, they wouldn't hesitate to exploit that. Whether they violated laws is another question, and whether they did it in a way that can be proved is yet another.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  16. Re:Should be easy to defend by sjames · · Score: 2, Informative

    You flunk statistics.

    IF those studies are valid, they would show that you might find fewer women at a given level of inclination, but those you did find would be just as good as their male counterparts.

  17. Re:put a sock in it by q_e_t · · Score: 3, Informative

    And just like no woman ever thought of going to the moon no woman has ever thought anything like "How do I conduct a study and present the results effectively for the study on infectious diseases?" or "Radium - how does that work?" or "I wonder what the structure of DNA is", or "What do those signals from outer space mean?". Oh, my bad, they have.

  18. Re: Should be easy to defend by s4080326 · · Score: 2

    There was an interesting study that showed this. The more interesting part is that women were equal in negotiating salaries for a third party to men were but less good at negotiating their own. This leads towards an argument that women often undervalue their own contribution in comparison to men.

  19. Re: Should be easy to defend by ShanghaiBill · · Score: 2, Interesting

    There is no proof that the pay difference is caused by gender discrimination as opposed to performance.

    The plaintiffs don't need "proof". This is a civil suit. The outcome is based on the preponderance of the evidence.

    If the disparity is really as wide as the summary claims, Oracle will have a hard time showing it is a statistical fluke.

  20. Re: Should be easy to defend by ShanghaiBill · · Score: 2, Insightful

    Could it possible be that women in general, are not as good at negotiating their own salaries as men?

    Irrelevant. It is illegal to pay men and women systematically differently based on any other criteria but job performance. Unless they are salespeople or professional negotiators, paying them differently based on "ability to negotiate" is illegal.

    Perhaps they aren't as aggressive when asking for raises, etc once they are employed?

    Again, willingness to ask for a raise is not a valid criteria for discrimination. Women are less aggressive at asking for raises. So are black people, often because they feel less secure in their job. That doesn't justifiy discrimination.

    That's not the companies' fault....

    Yes it is.

  21. Re: Should be easy to defend by Ol+Olsoc · · Score: 2

    Could it possible be that women in general, are not as good at negotiating their own salaries as men?

    Perhaps they aren't as aggressive when asking for raises, etc once they are employed?

    That's not the companies' fault....

    Funny, but as I was saying in a post above, I was listneing to a woman who did a study that was claiming just that. Men are more aggressive in the negotiations in general. I know I was damn assertive in my reviews and raise expectations.

    The interesting part I noted to her was that women are claimed to be better communicators than men.

    Anyhow, before the apologists jump on me like alligators on a wildebeest, this woman was performing a study to show that managers should take that into account, and give women larger raises than they would otherwise - she was arguing for women.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  22. Re: Should be easy to defend by cayenne8 · · Score: 4, Informative

    Irrelevant. It is illegal to pay men and women systematically differently based on any other criteria but job performance. Unless they are salespeople or professional negotiators, paying them differently based on "ability to negotiate" is illegal.

    Well, how do you propose it works then?

    I mean, I don't really know of any company, that pays everyone with same job title exactly the same.

    Employee 1 comes in, and negotiates to work for the company for $50K a year.

    Employee 2 comes in and negotiates to work for the company for $45K a year.

    Employee 3 comes in and negotiates to work for the company for $55K a year.

    All employees are hired one with the salary they agreed to....

    That's how it works.

    So all 3 employees work for years there, each getting a 5% raise each year.

    Alll things being equal, the person that negotiated the best salary, will always be paid the most.

    Now, what if employee 2, valued themselves the least starting out...who's fault is that?

    If that was a woman, she'll always be paid less than 1 an 3.

    Let's say 1 and 3 are both men.

    Well, #3 will always be paid more than #1.....

    So, where's the discrimination there? There is none.

    The company wants to get as much work out of you for the least amount of money, that's how it works, and it is up to YOU as the individual to negotiate to get the best deal you can for yourself and to know your self worth, etc.

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    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  23. Re: Should be easy to defend by cayenne8 · · Score: 2

    Yes it is, according to the law.

    Ability to negotiate a salary has no bearing on a programmer's performance, therefore if there's a systematic bias it is absolutely the company's fault. The law is crystal clear in this regard.

    It is not...there are also MEN that get paid more and less than other men too.

    See my example above.

    If all things are equal, and 3 employees all negotiate their starting salary, and they are all different.

    If all things are equal during their stay and they all get 5% raises annually....they they ALL will be still paid at different rates, with some getting more than other.

    Men get more money than some others, just like some women will to.

    It is up to each individual to know their market worth.

    Of course my example is a simplistic one to drive a point, I know other things come into play, like experience, and seniority.

    Heck, it isn't fair that some times, new employees can come in, doing same job as older employees, but start off making more than the legacy employees. It just happens, that's why people often job hop so they can raise their salaries faster.

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    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  24. Re: Should be easy to defend by ShanghaiBill · · Score: 2

    Was "negotiating skills" listed in the job advertisement? Is it part of the written job description? Is it a criteria in performance reviews? Do those performance reviews document that women are indeed worse at their jobs?

    If not, you are going to have a hard time convincing a judge that you have a valid excuse for paying men more.