Google to pay $28M to settle claims it favoured white and Asian employees
116 comments
·March 19, 2025sampton
rchaud
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-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.
reissbaker
As 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 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
Google is a huge organisation, so both claims could certainly be true.
tdb7893
One 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
dagmx
At 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
For example if you could discriminate positively towards Chinese and negatively towards Indians and meet the claims in question.
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dionidium
> 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
That 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-...
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]
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ThrowawayTestr
>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
I also doubt that Google will avoid hiring a law firm just because they were on the other side in the past.
crawsome
The people who are running the diversity stuff at Google when I was there were very "Eye-for-an-eye".
Some dumb stuff that happened while I was at Google:
* There was a ERG for literally every single race except White people. "Just join one of the others" was what they told me.
* During an onboarding learning exercise because I was merely showing initiative before the rest of the group. "Ok everyone here's my idea". I was tapped on the shoulder by the contractor-teacher-person and asked to move aside and let the group do the very same thing without me.
* Nonwhite employees in my org also got a special mentor who helped them get a leg-up in the company. Some employees were whisked-away from their work responsibilities to go on little field trips with other teams. A few of these people were totally inept technically at their job and I saw them convert into better jobs. It must have been nice.
I'm pretty liberal, but this corpo-liberalism that somehow thinks an eye-for-an-eye to people living in 2025 is insane to me. It might even burn someone so much it changes their politics if they're whimsical.
wijwp
As a white man who used to work for G:
> There was a ERG for literally every single race except White people. "Just join one of the others" was what they told me.
What would an ERG for white people even do? What would you want from it?
> Nonwhite employees in my org also got a special mentor who helped them get a leg-up in the company.
There are general mentorship programs, too. Usually focused on career development. I was a part of the main one.
rqtwteye
“ What would an ERG for white people even do? What would you want from it?”
What do other groups get? Support, networking, mentorship probably. A lot of white people could use that help too.
jlawson
>What would an ERG for white people even do? What would you want from it?
The exact same thing as anyone of any other group of course.
To be clear, Whites are a minority at Google. They are also not even the largest group. (Not that this should matter - all groups have the right to exist).
yieldcrv
I’m uninitiated to this concept and not white
and I’m scratching my head about why these same questions arent asked for “employee resource groups” of other minority “themes”
as well as why the ability to empathise is so apparent for those other themes but not so easily imagined for this person who is white
forgot the EEOC, I’m about to go to the SEC Whistleblower bounty program since shareholders might want to know how misguided the population there is
crawsome
I would have been happy if it was called "White Allies" and it just focused on being a good sensitive person.
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bena
FYI to those not in the lingo ERG is an "Employee Resource Group".
I don't know if it's a common thing at companies or not, but it's a new initialism to me.
gedy
Let me take a wild guess that they don't not have a group for former poor people?
unclebucknasty
>There was a ERG for literally every single race except White people. "Just join one of the others" was what they told me.
Imagine moving to say, Switzerland, to work for a massive corporation. 90% of the employees are Swiss. The other 10% come from a smattering of other countries from around the world. To help those employees acclimate to a new culture and find support, the company sponsors country-based ERGs.
Of course, there is no Swiss ERG, as it's the "default", because the entire company is essentially a Swiss ERG. But, the company encourages its Swiss employees to join the others as a show of support and cultural exchange.
If you had attended one of those groups, you might have found yourself feeling extraordinarily welcome, and even learned a few things about your fellow employees.
>A few of these people were totally inept technically at their job and I saw them convert into better jobs. It must have been nice.
If "totally inept" people are being promoted with any frequency, then that's a problem for any company. I think we have all seen this occasionally but, in my experience, it has very little to do with race (or other identity) and more to do with the Peter Principle and the fact that hiring and HR management is notoriously hard to get right.
I'm not suggesting anything about the earnestness of your observations, but you should be aware that assuming every non-white person you see at a company is the beneficiary of preferential treatment is a bit of a canard. And the idea that a disproportionate number of those are inept is yet another.
As such, whimsical people might draw rather nasty conclusions from your statements, that are other than what you intended.
mitthrowaway2
If Swiss and white were the same thing, that would make a lot of sense. On the other hand if you were a Ukrainian refugee or something, learning Swiss-German as a second language and struggling to integrate into the company's Swiss culture, then it might feel extra-alienating if the company suggests you could join the Asian or Indian employee support groups to help you bridge the culture gap.
OTOH, for the same reason, skin-color-based groups don't really make sense to begin with.
rqtwteye
ERG groups provide mentorship and support. The assumption that all white people, males or in this case Swiss don’t need support or get it automatically is plain wrong.
BurningFrog
Straight white men, or even just white people, is in no way the "default" at Google, and very far from the 90% in your allegory.
JumpCrisscross
> Of course, there is no Swiss ERG, as it's the "default"
Switzerland is a country of three dominant languages. When I worked for a Swiss bank, they had internal groups for, essentially, domestic expats.
jlawson
Google is like 45% white, 45% Asian.
Asians have an ERG.
If Whites want to make an ERG, why can't they? What is special about Whites that they must be prevented from doing the thing that literally all others have done?
msie
[flagged]
yieldcrv
Except people on Blind brag about doing this under the domains they control.
I wouldn't interpret this as a top-level policy, just some individuals in some hiring and pay/leveling decisions with little accountability. This does mean they represent Google though, and one remedy for that is a settlement by the corporate entity.
Ideally shareholders would become interested in rooting this out and creating better, less expensive, accountability.
It creates an environment where everyone (or some additional subset of everyone) feels they need to elevate their own in-group.
theflyinghorse
What's the effective difference between unofficial policy of discrimination and individual groups conducting discrimination en mass?
Thinking back to a unicorn I worked for we were unofficially told to favour women in hiring. We all thought it was a great idea at that time, but also I do remember a coworker saying how her group has been doing heavy favouring of women in hiring for years already before being told to do so.
yieldcrv
There isn't an effective difference
If people want to change anything about it, they need to know the structure of it
asabjorn
I've observed orgs go from diverse to turn largely Indian or Chinese based upon who does the hiring, the only group that doesn't seem to do this is Americans of all ethnicities (Chinese american, indian american, white american etc). White americans seem like the ones having the least legal recourse. When these leaders move they pull these buddies into their new companies, and they often form cliques that operate using their groups culture and protect each other over company interests.
ro_bit
> Adams said the settlement came after Cantu’s lawyers agreed this month to exclude Black employees from the proposed class action, which Google had sought.
Does anyone familiar with the case know the context behind this?
wilsonfiifi
I wonder why “Black” employees were asked to be excluded from the lawsuit before Google agreed to settle.
zerocrates
In general, Google objected to the broadness of the class, which on initial filing covered all non-White employees. Specifically in regard to Black employees, they pointed out that some of the evidence presented suggested that Black employees actually earned less even than Latino and indigenous employees, so they might actually have opposing interests. There was also reference made to a different class action (Curley v. Google, in federal court) that would cover Black employees instead.
This got down to a pretty low level of details, not only specifically cutting the class down to "Hispanic, Latinx, Indigenous, Native American, American Indian, Native Hawaiian, Pacific Islander, and/or Alaska Native" employees but also explicitly excluding anyone in any of those groups who identified as Black.
hnuser123456
It appears to be because the person who filed the suit was mostly concerned with oppression of people of "Hispanic, Latino, Indigenous, Native American and other minority backgrounds."
bilbo0s
Well, squeeky wheel gets the oil.
The bigger issue really is that Google should start reviews of a lot of managerial decisions in this regard. If you've got courts agreeing with plaintiffs, then these people you've been hiring are pursuing their, um, "preferences", a little bit too openly. You have to take things back in hand.
SR2Z
The court did not agree with the plaintiffs - this case was settled outside of court.
add-sub-mul-div
I wondered that too. Maybe the data presented by the plaintiffs showed that they were less egregiously or obviously affected?
dvngnt_
? https://www.statista.com/statistics/311810/google-employee-e...
shows 5 percent black people. not a huge amount
bitshiftfaced
Same as the background rate: https://www.careerexplorer.com/careers/software-engineer/dem...
wongarsu
By the same numbers "Latinx+" are actually over-represented at Google and white people underrepresented. Neither by a large amount though.
With how close the numbers actually are I wonder if the different biases of different HR people and hiring managers actually cancelled out pretty well.
derfnugget
does anyone care if they perform better or does even suggesting that make me a racist in the modern world?
kweingar
If you read the complaint, the allegation is that controlling for performance evaluations, members of certain groups were preferred over others for promotion.
Workaccount2
I don't have any insight, but given the culture that google projects, I would be skeptical of the integrity of their performance evaluations.
skybrian
Why would group averages be helpful when making staffing decisions about individuals?
bradley13
That's obvious, no?
If group X on average performs better than group Y, then objective hiring will lead to more group X bring hired. Then group Y takes you to court for discrimination.
skybrian
I don’t think it’s obvious that summary statistics will be helpful unless they’re particularly carefully done. Where do averages come from? If individual data points are biased in the same direction (that is, not noise that cancels out) then the group average will be too.
This isn’t something you can just assume when you see someone quoting statistics. It could be a garbage study.
s1artibartfast
It really depends on what assumptions you are making, your basis of comparison, and how you measure performance.
Does X perform better than Y in general or within the community. Does hiring match national population, the applicant pool, or the top 1% of the applicant pool? How do you measure performance?
These topics are rarely fleshed out in any public corporate policy. All I know is my bonus depends on increasing the % of minority employees.
itishappy
Is the Google applicant pool a representative sample of the group at large?
ellisv
They generally aren't. See the ecological fallacy.
ljsprague
They can explain the "disparate impact".
cubefox
He didn't say so
cubefox
Exactly. You can't just simply assume that job performance is statistically independent of various seemingly unrelated traits. If you suspect age discrimination, you also can't just assume that age is uncorrelated with performance. Or being short sighted, or even things like weight or height. They may be uncorrelated, or they may be correlated.
cj
Fun fact: You can almost always score at least $10-20k if you're fired from a job if you try hard enough.
I've been on the employer side of this... you fire someone who's performing badly, and then they come back 4 months later and sue the company for [insert made up thing here].
In our case, an ex-employee is suing us for not accommodating an anxiety and migraine disability, which they never disclosed and never requested accommodations for. So now we face a discrimination lawsuit (from a non-minority) based completely on falsehoods and things that never happened.
The reason people do this is because it works! Employers will almost always settle before it goes in front of a judge in order to avoid the hassle and cost of defending the claim.
ty6853
It works, but court cases are public record. Good luck getting anyone to touch you with a ten foot pole afterwards, not like the candidate can prove why they weren't selected.
cubefox
Though this problem seems to be mostly restricted to the US American legal system.
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throwaway7783
Job performance as measured, yes, it already accounts for all biases/traits, including age, appearance, personality, performance, race and all other known/unknown biases that the people measuring the performance have.
barbazoo
It's obviously lacking a lot of controls if you arrive at the conclusion. Mostly just shows you are missing of a lot of context.
krisboyz781
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myaccountonhn
I think it matters, because minorities experience a lot of ways in which products fail them that probably would not have happened had their needs had been represented and prioritized. If a minority group is not represented in the development of a product, their needs are more likely to be neglected.
jsemrau
Products are developed for a specific market. If the market of the given minority group where large enough, there would be special providers only for that. If I go buy an Italian Pizza place, I expect to receive an Italian Pizza, and not an Italian Pizza with a Chinese nuance to it. That's when I go to a Fusion place. It's by definition impossible to make product that satisfies everyone.
z2
I don't think I disagree, so this is perhaps a devil's advocate argument--to the extent a product is meant for somewhat general use, by integrating more perspectives during development, we might uncover blind spots and innovate in ways that resonate more deeply with their core audience, not less. Asking, “Whose needs might we be overlooking?” could be useful not because every minority requires a bespoke solution, but because overlooking them might mean missing opportunities to serve even the majority better.
From anecdotal experience with voice recognition software: early versions struggled with accents and also required training on your voice specifically, which limited their utility. Making models more flexible didn’t just help minority users with accents—I think it improved accuracy for everyone. Similarly, curb cuts on sidewalks, originally designed for accessibility users, now benefit parents with strollers and even those food delivery robots running around some cities.
Maybe one frame is to avoid unintentional exclusion? The pizza shop isn't obligated to, but could at least consider the fact that some people don't eat meat (or pork or whatever), and therefore keep the margherita on the menu to the benefit of everyone.
myaccountonhn
I agree that it's impossible to build a product that satisfies everyone, which is the issue with global tech companies. In my utopian world, we would educate people and develop tools so that communities can build their own tools to cater to their own needs (in the same spirit as unix). I think that's better than what we have today with technocrats in Silicon valley dictating how tech should look and function for the rest of the world.
beart
Your statement implies the assumption the minorities in this class action are underpaid because they perform worse than white and asian employees. I'm not sure that helps you not look like a racist.
The article doesn't go into details, so it's probably a safe bet not to make these sorts of assumptions at all.
like_any_other
Psychology has determined there is no non-racist way to evaluate performance: https://news.ycombinator.com/item?id=43407157
quuxly
$4,221 per employee is not a ton —- less after legal fees.
spullara
generally there are no legal fees in a class action suit and the lawyers are doing it for a % of the total award.
draw_down
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grg0
Pays for one month of rent.
draw_down
Perhaps that is a clue!
FuriouslyAdrift
Lol... they paid out in a settlement back in 2021 for discriminating against asians.
sciencesama
Who is getting paid
sgt
Proceeds will be donated to the center of Google Kids Who Can't Read Good.
TriangleEdge
lol, wait until the govt hears about Amazon engineering orgs. Or any other big tech company nowadays..
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thrownaway561
you mean guilty of hiring people based on their merit rather than the color of their skin.
waltercool
[dead]
Google is guilty of a lot of things but this is a drive-by shakedown by predatory law firms.