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, long-serving Apple employees, found themselves entangled in a legal battle after Jong stumbled upon her male colleague’s tax form in 2019, disclosing a substantial $10,000 pay gap for an equivalent position. This revelation prompted both women to jointly file a lawsuit against Apple in the San Francisco County Superior Court. The lawsuit contends that approximately 12,000 women working in Apple’s engineering, marketing, and warranty sectors have been subjected to gender discrimination within the company.
The lawsuit highlights that Apple appears to favor individuals labeled as possessing “talent” by compensating them more generously than their counterparts. As argued by the plaintiffs, this bias operates against women as the identification of talent is disproportionately skewed towards men. Consequently, women find themselves undervalued and underpaid for identical roles within the organization.
Further accusations made by the plaintiffs include Apple’s insistence on applicants divulging their previous salary information, a practice known to perpetuate wage discrepancies. Moreover, the lawsuit points out deficiencies in Apple’s performance evaluation system, particularly in areas like teamwork and leadership. Here, male employees reportedly receive favorable treatment while their female counterparts face repercussions for exhibiting identical behaviors, ultimately translating into lower salaries for women based on biased evaluation scores.
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.
