Apple headquarters in Cupertino, Calif., Monday, Aug. 20, 2012 (AP Photo/Paul Sakuma)
A California judge ruled that Apple must face a major gender discrimination lawsuit that began with a tax form left on an office printer.
Justina Jong and Amina Salgado are two longtime Apple employees. Jong said she saw her male colleague’s tax form on an office printer in California in 2019 that showed he earned $10,000 more than she did for an equivalent role. Following the discovery, Jong and Salgado became co-plaintiffs in a lawsuit against Apple filed in San Francisco County Superior Court. The lawsuit claims that over 12,000 women in the company’s engineering, marketing, and warranty departments are victims of gender discrimination in the workplace.
According to the lawsuit, “Apple also has a policy or practice of selecting individuals who have ‘talent’ and compensating those persons more highly than other employees.” This practice is biased against women, argued the plaintiffs, because, “among persons with similar levels of talent, more men are identified as having talent.” As a result, plaintiffs said, women are disparately affected which causes them to be paid less for the same jobs.
Plaintiffs also alleged that Apple has a policy of asking applicants to provide information about their prior pay, despite the practice resulting in pay disparities. They also said that Apple’s entire performance evaluation system is flawed in that when it comes to categories such as teamwork and leadership, “men are rewarded and women are penalized for the same behaviors.” Evaluation scores then become the basis for compensation, which in turn, has a negative effect on women’s salaries.
Apple filed a motion to dismiss in which it argued that Jong’s claims arose from a single incident in 2019, and that therefore, the relevant statute of limitations foreclosed her right to bring a case. The tech giant also argued that the plaintiffs did not sufficiently allege “severe or pervasive” harassment.
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Judge Ethan Schulman of San Francisco Superior Court sided with the plaintiffs and ruled on Jan. 21 that the case can go forward, rejecting Apple’s motion to dismiss. Attorneys for the plaintiffs are seeking class action status in the case.
Schulman handed down a 24-page ruling in which he said the plaintiffs sufficiently alleged classwide claims for violation of the California Equal Pay Act, and similarly sufficiently alleged disparate impact and treatment under federal law. The judge said that Apple’s argument that the plaintiffs had not raised the right allegations was “demonstrably inaccurate” based on the court filings.
Schulman continued to say that even if there was “some subjectivity” in the salary process, it would not foreclose the plaintiffs’ lawsuit, and that even in cases with subjective decision making, there can be effects that rise to the level of intentional discrimination.
“Finally, the Court’s conclusion is supported by common sense,” wrote Schulman, rejecting a number of procedural arguments advanced by Apple.
Joseph Sellers, attorney for the plaintiffs, provided the following statement to Law&Crime via email Monday:
We are pleased that the Court has allowed this important case to proceed, allowing us to demonstrate the pattern of sex discrimination in compensation that our clients have reported. In addition to this conduct being illegal, Apple’s position as an industry leader makes it especially important that this unlawful discrimination be exposed and successfully challenged.
Apple did not immediately respond to request for comment.
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