Did you know that EEO laws protect employees who demand management investigate any discrimination they discover? An Ex-Oracle salesman has filed an EEO whistle blower lawsuit claiming he was fired when he complained about wage discrimination. This type of retaliation is widespread in the industry so it's not a surprise that this article is one of the most read on ITWorld's site today.
Congrats to the salesman, Ian Spanow, for standing up to Oracle's discriminatory practices. While the circumstances seem to focus on a salary offer to an Indian worker, the main focus of the lawsuit will be on the whistleblower's reporting, how his managers responded, and if an Oracle HR manager retaliated against him by firing him.
EEO laws cover employees when they report discriminatory practice, ie, it covers whistle blowers who face retaliation for acting ethically. According to EEO guidelines, his managers, Ryan Bambling, Kevin Trudeau along with Melissa Bogers, the HR manager, were obligated to investigate his claims and--if found valid--fix the discrimination that Spanow was reporting.
3 additional points that will not be covered in the suit but may be fixed if Spanow wins:
- As Spanow alleges, all other Caucasian in identical jobs were paid over $60K. He further alleges that these workers had 1 years of experience. Two questions arise: Does Oracle have any minorities in these entry-level jobs and, if so, are they paid less than the $60+ or are they paid $50K, the same rate offered to the Indian national?
- Oracle was likely using the L-1 visa program. It would be prudent to conclude that Oracle was using the L-1 program to avoid hiring an American for this job opening.
- Spanow also alleges that the Indian national had 7 years experience. This just compounds the discriminatory actions taken by Oracle. A national origin class-action suit against Infosys displays identical discriminatory action--an American with 15 years experience interviewed for a Lead position but was placed in a lower position with lower pay.
EEO laws have been in place for 50 years now with ample case law to eradicate such employment discrimination. Both lawsuits are also asking that the court bring Infosys and Oracle in compliance with EEO law. This is the way forward not only for IT professionals but for our nation as a whole.