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Got any evidence for that? Is Google in the habit of paying out giant HR-related settlements for something other than protecting good ol' boys like Andy Rubin?
by rchaud 2y ago
Got any evidence for that? Is Google in the habit of paying out giant HR-related settlements for something other than protecting good ol' boys like Andy Rubin?
https://www.cbsnews.com/news/andy-rubin-google-settlement-sexual-harassment-android-creator-310-million/ https://www.cbsnews.com/news/andy-rubin-google-settlement-se...
Google has enough money to hire the best law firms too. Why would any law firm engage in frivolous litigation against a potential future client?
The linked settlement is 10X that of this one, which if paid, would be divided among 6,600 people. Not exactly a huge payday.
- ThrowawayTestr 2y ago>Why would any law firm engage in frivolous litigation against a potential future client? Because the chances is getting a payout is greater than the chances of ever working for Google.
- zeroonetwothree 2y agoI also doubt that Google will avoid hiring a law firm just because they were on the other side in the past.
- reissbaker 2y agoAs another commenter pointed out elsewhere, Google recently paid out a settlement claiming that it discriminated against Asians. https://www.dol.gov/newsroom/releases/ofccp/ofccp20210201 https://www.dol.gov/newsroom/releases/ofccp/ofccp20210201 This settlement claims they favored Asians, but Google paid it out too! So, yes, it appears Google is in the habit of paying out contradictory settlements rather than litigating them.
- GordonS 2y agoGoogle is a huge organisation, so both claims could certainly be true.
- tdb7893 2y agoOne thing I will note is that both of these can be true. Google is a huge company run by a lot of people and unless the specific claims are contradictory there's nothing stopping Google from doing both. It's not like we can expect it to be run with any consistent ideology
- moate 2y agoGetting 5 people to agree on one thing is so hard companies have Project Managers, doesn't seem unlikely that the left hand doesn't speak to the right when you get to Google scale.
- dagmx 2y agoAt the scale of Google, both claims can be true. Different teams are responsible for their hiring and management, so might have their own biases.
- pixl97 2y agoFor example if you could discriminate positively towards Chinese and negatively towards Indians and meet the claims in question.
- deleted 2y ago[deleted]
- dionidium 2y ago> Got any evidence for that? Is Google in the habit of paying out giant HR-related settlements for something other than protecting good ol' boys like Andy Rubin? The state of US case law -- IANAL, this is a layman's understanding -- is that plaintiffs only have to show that there exists "disparate impact," which is to say that outcomes were not exactly the same for Asians/whites and blacks. Two things can be true: 1) Google did not intend to discriminate, did not institute any policy designed to discriminate, did not in actual fact discriminate against non-Asian/white employees; and 2) they could still be held liable for hiring results that look like discrimination in a single-variable analysis. So, yes, I think there are indeed situations in which they'd pay out settlements knowing full well they've done nothing morally or ethically dubious.
- rchaud 2y agoThat is not evidence of a shakedown by a corporate law firm, which is the original allegation. Google, Apple and others have colluded to not poach employees from each other, distorting a free labor market, and settled that for $400m.[0] [0]https://www.cnet.com/tech/tech-industry/apple-google-others-settle-anti-poaching-lawsuit-for-415-million/ https://www.cnet.com/tech/tech-industry/apple-google-others-... It's not exactly beyond the realm of possibility that individual managers at Google had discriminatory promotion practices. Google picks up the legal tab for their alleged malfeasance, because they empower managers to make those decisions. If it is so easy to squeeze some cash out of a major company, I'd imagine Google, Apple and many others in California would be cutting checks left and right to dodge lawsuits alleging violations of the state's Equal Pay Act, which saw its last major update in 2018, enacted into law in Jan 2019.[1] https://www.dir.ca.gov/dlse/california_equal_pay_act.htm https://www.dir.ca.gov/dlse/california_equal_pay_act.htm
- deleted 2y ago[deleted]
- rachofsunshine 2y agoAlso NAL but I don't think you're correct about this. First: the standard isn't relevant to a nuisance suit, since by definition you don't expect to win a nuisance suit anyway. But setting that aside, disparate impact requires a significant difference in outcome and can be defended against by showing that the standards are relevant to job performance ("business necessity"). That's true for both the federal Civil Rights Act and the California Equal Pay Act (which is what this suit was brought under). So a "single variable analysis" isn't the end of the story, and employers can (and often do) provide statistical arguments that their policies satisfy business necessity. I'd suggest looking up the case (Griggs v. Duke Power Co.) that established the disparate impact standard in the first place. TLDR, a company that had explicitly discriminatory Jim Crow-era policies banning black employees from certain departments adopted new requirements on the day the Civil Rights Act went into effect. Those requirements hadn't been in place before, Duke Power could not show any actual connection with job performance, and white employees were two to ten times more likely to satisfy them. A unanimous court (which, as a fun trivia fact, included an open former member of the Klan!) said nope, can't do that.