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U.S. sues Oracle, alleges salary and hiring discrimination

reuters.com

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Re: U.S. sues Oracle, alleges salary and hiring discrimination

#101
post #59

Earlier quoted context omitted.

H1B workers can, and routinely do, switch companies. Their new employer has only to file the paperwork to transfer their visa, so your assumptions about retaining H1B workers are not very accurate.

I've mentioned this elsewhere before, but I've had experiences at both ends of the H1B chain. In one workplace & location in the US: The H1B workers were...not very good. Adequate, and hard working, but not highly skilled and they were brought in mainly because the location didn't want to/couldn't pay wages good enough to hire skilled US-based talent. There the H1B workers were (in general) fearful and unwilling to c…

This may be my bias, but the experience you had is explainable.

The former H1B workers probably were in the US as an onsite assignment or through a consultancy/contractor. Most Indian consultancies view people as warm bodies on the chair. Which is why you find people with fewer skills.

The latter workers are most likely people who relocated to the US for education or were hired from India from a US employer because of their skills.

Re: U.S. sues Oracle, alleges salary and hiring discrimination

#102
post #2

Why am I not surprised ? Yet another H1B discrimination story to rant about. (though the article do not say anything about the 'Indian' people's visa status, isn't it obvious ?)

H1B is not mentioned by the actual DOJ complaint. This is not an immigration story.

Re: U.S. sues Oracle, alleges salary and hiring discrimination

#103
post #9
post #5

> technology company systematically paid its white, male employees more than other workers and unlawfully favored Asian applicants in its recruiting and hiring efforts. Wow...this is big.

And also not believable. The idea Oracle had a system that paid white guys more because they were white guys isn't credible without more than just salary evidence.

The point is they don't have a system which doesn't do that.

Re: U.S. sues Oracle, alleges salary and hiring discrimination

#104

Question: as an employer what exactly am I supposed to do if when I put a req out for an engineer, >>>>50% of applicants are asian? Is the burden really on me to dig through the remaining applicants for good ones? These laws really sound like people with no skin in the game demanding things for which they don't know all ramifications.

Your hiring practices just have to be somewhat similar to applicants. And the differences have to be statistically significant, so sample size (the # of employees you hire) is a factor. (Small/med businesses are generally safe)

Re: U.S. sues Oracle, alleges salary and hiring discrimination

#105
post #71
post #6

Earlier quoted context omitted.

" Most of the time it is just easier to hire Asian/Indian employees because they are readily available " - I doubt that. It's "easier" to hire because they "agree" to lower wages and its easier to retain them, because their visa status is tied to the employer. The employers have H1B workers on a leash. The process of hiring an H1B worker in short. - Hire an immigration lawyer. - Post an LCA. - Apply petition to USCIS…

You're missing the part where the employer is required to: - Post representative salary data, including the last few (5?) hires to this position. - Publish the job position locally, so it can be filled by local workers preferentially, and then only by H1B if unfilled. - Ensure the worker is initially paid a salary similar to other existing hires in that position. I don't understand how people make the leap that H1B i…

>I don't understand how people make the leap that H1B is used to lower wages.

It's because immigration has been politicized in the U.S., and the average citizens' understanding of immigration is what they read in the news.

Which is fair, because immigration is a bureaucracy that the average citizen doesn't need to be an expert at, but this complexity makes it easier for misinformation to spread about it.

Re: U.S. sues Oracle, alleges salary and hiring discrimination

#106
post #71
post #6

Earlier quoted context omitted.

" Most of the time it is just easier to hire Asian/Indian employees because they are readily available " - I doubt that. It's "easier" to hire because they "agree" to lower wages and its easier to retain them, because their visa status is tied to the employer. The employers have H1B workers on a leash. The process of hiring an H1B worker in short. - Hire an immigration lawyer. - Post an LCA. - Apply petition to USCIS…

You're missing the part where the employer is required to: - Post representative salary data, including the last few (5?) hires to this position. - Publish the job position locally, so it can be filled by local workers preferentially, and then only by H1B if unfilled. - Ensure the worker is initially paid a salary similar to other existing hires in that position. I don't understand how people make the leap that H1B i…

Correct. The H-1B process is incredibly complex and is not a matter of simply applying and bringing a person in.

Re: U.S. sues Oracle, alleges salary and hiring discrimination

#107
post #15

Couple points: First, this is where the meat is: https://www.dol.gov/newsroom/releases/ofccp/ofccp20170118-0 Second: "...Oracle nevertheless preferred Asian applications over other qualified applicants in the Professional Technical 1, Individual Contributor Job group and in the Product Development job group at statistically significant rates." [1] [1] https://www.dol.gov/sites/default/files/newsroom/newsrelease... --…

No reason, I agree! This sounds like a website some startups can design to automate the interview process and anonymize candidates info so the employer can't be biased.

I'm sure that even conversations can be encrypted so the job seeker and the interviewer can see, but nobody else can.

Just make a Chat web client based on the FTP servers or whatever works for everyone.

This would be good for those of us who are 40 and over and have a lot of experience and skills.

Re: U.S. sues Oracle, alleges salary and hiring discrimination

#108

Is "culture fit" illegal? Let's say that an Indian manager hires more Indians because he feels like they are easier to work with. Now, he doesn't just hire Indians, but he is statistically more likely to do so over a large quantity of hires. Is that against the law?

Title VII of the Civil Rights Act says yes.

Re: U.S. sues Oracle, alleges salary and hiring discrimination

#109
post #11

The assumption underlying these "disparate impact" cases is that all races or genders have exactly the same distribution of skills. The problem is every time this assumption is tested it turns out to be false. https://iq-research.info/en/page/average-iq-by-country

Did you even read the first sentence? > The U.S. Labor Department has sued Oracle America Inc, alleging that the technology company systematically paid its white, male employees more than other workers and unlawfully favored Asian applicants in its recruiting and hiring efforts. If you want to explain Asians being smarter as to why they are hired more I wouldn't expect them to ALSO pay white people more. Oracle is na…

The pay difference can be explained by Indian nationals not demanding as high a wage to do the same work. Is it morally necessary for a company to pay groups of workers the same, even if they would accept different wages? Perhaps.

Re: U.S. sues Oracle, alleges salary and hiring discrimination

#110
I'm interested to see how this ends up, and how other large companies (Google, Amazon, etc) haven't fallen victim to the same target by DOL.

In this case is it different because of direct hire? The company I work for seems to just contract out quite a bit to emerging markets.

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