Employees File Suit vs. Microsoft

WASHINGTON (AP) â€” Seven current and former Microsoft Corp. employees filed a discrimination suit against the computer software maker Wednesday, alleging racial bias. <br><br>The suit, filed in U.S. District

Wednesday, January 3rd 2001, 12:00 am

By: News On 6

WASHINGTON (AP) â€” Seven current and former Microsoft Corp. employees filed a discrimination suit against the computer software maker Wednesday, alleging racial bias.

The suit, filed in U.S. District Court here, asks for at least $5 billion â€” by far the most sought for any class-action suit. One of the plaintiffs, Rahn Jackson, had previously sued the company for discrimination but the suit has been amended to include six more employees and to attempt class-action status that could add hundreds more.

The plaintiffs include four employees based in Washington and three more in Washington state. The complaint alleges discrimination in evaluations, compensation, promotions, wrongful termination and retaliation.

Willie E. Gary, the plaintiffs' lead attorney, said the high figure â€” which includes both compensatory and punitive damages â€” is commensurate with Microsoft's size.

``What is $5 billion to Microsoft?'' Gary asked. ``You have to hit them in their pockets.''

Microsoft spokesman Dean Katz said Tuesday that he had not seen the lawsuit, but that his company is committed to diversity.

``Microsoft does not tolerate discrimination in any of its employment practices, and we are committed to treating all of our employees fairly,'' Katz said. ``We take these kinds of issues very seriously.''

Katz said blacks make up 2.7 percent of Microsoft's domestic work force, but all minorities comprise 22.7 percent of the company's workers, he said.

``We're pleased with the progress we've made in increasing the number of minorities working at Microsoft. That said, there are still a number of things we can do to stimulate interest among minorities in the technical fields,'' he said, citing the nearly $100 million in grants Microsoft has given to organizations to stimulate interest in technological jobs among women and minorities.

Four of the plaintiffs said at a Washington press conference that they were passed over for promotions, paid less than their peers, endured a hostile work environment and were subject to retaliation for bringing their concerns to management.

Rahn Jackson, a former account executive in the Washington office with 17 years experience, said the three black members of his working team were held back for promotions while the nonblack employees got ahead.

``You're told you're not qualified for a position when you've fulfilled all the qualifications for that position,'' Jackson said, adding that, counting ``secretive, arbitrary'' stock options, black employees get about 30 cents for each dollar earned by white employees at Microsoft.

Jackson said he took his concerns to Microsoft chief executive Steve Ballmer before his suit was filed, but was rebuffed.

``He said he didn't feel there was anything he could do,'' Jackson said. ``We really didn't want to have to be here today.''

Former employee Jozette Joyner, who worked as an assistant to a vice president until last year, said that that her white boss told her she would ``never get out of this cubicle,'' and that other employees were told to watch her and her black colleagues to make sure they wouldn't steal anything.

The district court will first decide whether to approve class-action status for the case, which could take two to three months. Gary said he hopes to go to trial within a year.

In October, a lawyer representing a black female plaintiff filed a suit against Microsoft claiming racial and gender bias. That suit, which also requested an injunction against further discrimination by Microsoft, is still pending and is also seeking class-action status.

â€”â€”â€”

On the Net: Microsoft: http://www.microsoft.com

Willie E. Gary's Web site: http://www.williegary.com