The Mercury News

Palantir accused of racial bias in hiring

Secretive company says feds rely on flawed statistica­l analysis

- By Marisa Kendall mkendall@bayareanew­sgroup.com

PALO ALTO — The U.S. Department of Labor on Monday accused secretive data startup Palantir of discrimina­ting against Asian job applicants, making the company the latest in the Silicon Valley tech community to face accusation­s of workplace bias.

The Palo Alto company disproport­ionately turned qualified Asian candidates away from certain engineerin­g positions, according to a lawsuit filed against the company by the Department of Labor. The suit comes as many largely white, male-dominated tech companies in Silicon Valley are facing growing pressure to diversity their workforces.

A Palantir spokeswoma­n

denied the accusation­s of discrimina­tion.

“Despite repeated efforts to highlight the results of our hiring practices, the Department of Labor relies on a narrow and flawed statistica­l analysis relating to three job descriptio­ns from 2010 to 2011,” spokeswoma­n Lisa Gordon wrote in an emailed statement. “We intend to vigorously defend against the allegation­s.”

Now the $20 billion company launched by PayPal founder Peter Thiel is at risk of losing its federal government contracts. That could be a major blow for Palantir, which first made a name for itself working on top-secret data projects for agencies including the FBI and CIA. Since 2010, Palantir has worked on federal contracts worth more than $340 million, according to the complaint. Its data analysis software is rumored to have helped U.S. forces hunt down Osama bin Laden and prosecutor­s convict Ponzi schemer Bernie Madoff.

The lawsuit seeks an order that would cancel Palantir’s existing federal government contracts and block future agreements until the company fixes its alleged discrimina­tion issues.

Investigat­ors who began looking at Palantir’s hiring policies in 2011 say the applicant pools for several engineerin­g positions were overwhelmi­ngly Asian, but Asians made up only a small fraction of engineers hired. About 85 percent of applicants for the company’s software engineer positions were Asian, but Palantir hired 14 non-Asian engineers and 11 Asian engineers for the role, according to the complaint. The odds of achieving that result by chance are one in 3.4 million, investigat­ors found.

Regulators in part blame that outcome on Palantir’s tendency to rely on employee referrals to fill those positions.

“Federal contractor­s have an obligation to ensure that their hiring practices and policies are free of all forms of discrimina­tion,” Patricia Shiu, director of the DOL’s Office of Federal Contract Compliance Programs, wrote in a news release announcing the lawsuit. “Our nation’s taxpayers deserve to know that companies employed with public funds are providing equal opportunit­y for job seekers.”

The lawsuit, filed with the Department of Labor Office of Administra­tive Law Judges, accuses Palantir of violating an executive order that prohibits government contractor­s from discrimina­ting against employees or applicants for factors including race, religion and sex. The Labor Department claims it tried, and failed, to work with Palantir to correct the violation before suing.

Discrimina­tion is a hotbutton issue in the tech community, but the Palantir lawsuit is unique in that it focuses on a minority group that, at least on the surface, appears to be well represente­d in Silicon Valley. Earlier this year Facebook reported that nearly half of its tech employees are Asian, and Intel and Google have similarly high numbers.

“This is unusual,” said Buck Gee, a former Cisco executive who studies Asian diversity in Silicon Valley, said of the accusation­s against Palantir. “If it’s true, it would be an anomaly.”

But Gee said Asian employees are less likely to be promoted once they are hired. At Facebook, for example, just 21 percent of the company’s senior leadership staff is Asian.

As for the Palantir lawsuit, Gee is skeptical about the discrimina­tion claims. The complaint leaves out key informatio­n, he said, such as what percentage of the company’s overall workforce is Asian. And the Labor Department didn’t explain how it determined which rejected applicants were qualified for the engineerin­g jobs in question.

“The numbers are very interestin­g,” Gee said. “They’re not dispositiv­e. It certainly raises a red flag, but does not show anything definitive.”

 ?? KARL MONDON/STAFF ARCHIVES ?? People line up at the Palantir cafeteria in Palo Alto. The Department of Labor lawsuit may put at risk the startup’s lucrative government contracts.
KARL MONDON/STAFF ARCHIVES People line up at the Palantir cafeteria in Palo Alto. The Department of Labor lawsuit may put at risk the startup’s lucrative government contracts.

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