More than 12,000 female Apple employees in California potentially impacted.
Women claim that Apple systematically pays them less than male employees.
SAN FRANCISCO, CA / ACCESS Newswire / January 22, 2025 / A San Francisco Superior Court judge denied Apple Inc's motion to strike class allegations and largely denied Apple's motion to dismiss in a high-profile putative gender discrimination class action, allowing the case to move forward.
The women, who seek to represent more than 12,000 current and former female employees in Apple's engineering, marketing, and AppleCare divisions in California, claim that Apple violated California's Equal Pay Act and Fair Employment and Housing Act by systematically paying them lower wages than male employees who perform substantially similar work and by assigning them lower starting salaries and salary levels based on their prior pay or pay expectations.
In its ruling the court held that it was not persuaded by Apple's arguments, finding that Plaintiffs had sufficiently alleged their claims about Apple allegedly violating the California Equal Pay Act and Fair Employment and Housing Act. Specifically, the court believed that Plaintiffs had sufficiently alleged that Apple's salary decisions were made in a centralized location pursuant to an employment policy had the effect of perpetuating past pay disparities and paying women less for substantially similar work to men.
"I am really pleased with today's ruling. This start low, stay low practice has been a no-win situation for women working at Apple for years. So, I'm glad they will have their day in court." said Eve Cervantez, a partner at Altshuler Berzon LLP.
Specifically, the women claim that before the fall of 2017, Apple asked job candidates for prior pay information and, when that practice became unlawful in January 2018, Apple continued to inquire about prior pay under the guise of candidates' pay expectations.
"This is a very important case that impacts thousands of current and former female Apple employees," said Joseph Sellers, partner at Cohen Milstein Sellers & Toll PLLC. "I look forward to helping them prove that Apple systematically and willfully maintained a centrally determined and uniformly applied policy and/or practice of paying its female employees in California less than male employees for substantially similar work. This practice is simply unlawful, and Apple should be held accountable."
The complaint alleges that once women were hired, Apple used prior pay information to set starting salaries, resulting in lower pay rates for women than for men who perform substantially similar work. Subsequent pay raises and bonuses were proportional to existing pay, thereby perpetuating and widening the gap. The women also claim that Apple's performance evaluation system is biased against women, rewarding men and penalizing women for scored categories like teamwork and leadership.
"Apple has known or should have known about these pay and evaluation disparities and has yet to take any action to remedy the inequality. Unfortunately, as in many gender discrimination cases, such pay gaps only widen over time" said Chauniqua Young, a partner at Outten & Golden LLP. "We look forward to helping our clients get justice."
As a result of Apple's unlawful pay policies and/or practices, the women claim that all putative class members have been denied compensation legally owed to them for work performed since 2020, and are entitled to wages and other compensation due, interest, and liquidated damages. In addition to damages, the women also seek declaratory and injunctive relief.
The plaintiffs are represented by James Finberg and Eve Cervantez of Altshuler Berzon LLP, Joseph Sellers and Phoebe Wolfe of Cohen Milstein Sellers & Toll PLLC, and Adam Klein and Chauniqua Young of Outten & Golden LLP.
Press Contact: cohenmilstein@berlinrosen.com
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About Cohen Milstein Sellers & Toll
Cohen Milstein Sellers & Toll PLLC, a premier U.S. plaintiffs' law firm, with over 100 attorneys across eight offices, champions the causes of real people-workers, consumers, small business owners, investors, and whistleblowers-working to deliver corporate reforms and fair markets for the common good. We have litigated landmark civil rights and employment disputes before the highest courts in the nation and continue to actively shape civil rights and employment law in the United States. For more information visit https://www.cohenmilstein.com/
About Altshuler Berzon
Altshuler Berzon LLP is a California law firm dedicated to providing the highest quality representation in the service of economic justice and the public interest. We represent labor unions, workers, consumers, environmental groups, other public interest organizations, and public entities. We specialize in labor and employment, constitutional, environmental, civil rights, class action, campaign and election, and impact litigation, at both the trial and appellate levels. For more information visit https://https://altshulerberzon.com/
About Outten & Golden LLP
Outten & Golden LLP is the largest U.S. law firm dedicated to the representation of employees. With offices in New York City, Washington D.C. and San Francisco, the firm has taken on many of the country's largest and most powerful employers, forging landmark settlements and historic verdicts that contribute to a more equitable workplace. As a mission-driven firm, O&G uses litigation and other means to expand the rights of all employees to fair wages and working conditions, and a workplace free of discrimination, harassment and retaliation. Learn more at www.outtengolden.com.
SOURCE: Cohen Milstein Sellers & Toll PLLC
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