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Oracle’s Bid for a Case Dismissal Fail and Begin Calling Witnesses


Oracle’s witnesses work to rebut OFCCP’s witness testimony

In hoping for an early win Oracle moved for judgment on partial findings claiming that OFCCP has not met its legal burden. On December 12, 2019, Oracle told the judge that the DOL failed to provide adequate evidence to support its claim of pay discrimination for minority and women workers. However, the following day the federal administrative law judge denied Oracle’s bid promoting the company to begin calling witnesses in its defense.

On Friday, December 13, 2019, Oracle called seven current employees, who praised the company’s commitment to fair pay describing how it goes about compensating and promoting employees. As expected, Oracle’s witness sang a different tune than those presented by OFCCP who shared their experiences of retaliation and discrimination during their tenure with the company.

Ali Saad, a labor economist hired by Oracle testified that employee pay disparities were not a result of gender or race discrimination, but stem from differences between the jobs performed. His testimony focused on rebutting an analysis provided by Janice Fanning Madden, a University of Pennsylvania professor retained by OFCCP. Saad said that he found “no systemic pattern” of pay discrimination at Oracle.

Madden testified last week that the human resources data showed that Oracle underpaid female, Asian and African American employees and estimated that the damages stemming from the underpayment could reach up to $800 million. She testified that she found “statistically significant” differences in compensation between women and men at Oracle between 2013 and 2018, and differences in compensation between white and Asian employees, as well as between white and African American employees. She pointed out that most of the compensation disparity is a result of women and minorities starting at lower job levels when original hired at Oracle. She reported that there is “statistically significant gender and racial pay gaps in total compensation, base pay and stock awards.”

On cross-examination Saad testified that his company, Resolution Economics, will receive over $1 million for the work performed relating to this case.

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