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Apple is facing a potential class action lawsuit over claims of systemic gender pay disparities and alleged failures to address workplace harassment.
California Superior Court Judge Ethan P. Schulman has allowed significant portions of the case to proceed, a decision that could affect thousands of current and former female Apple employees in California.
The lawsuit accuses Apple of paying women less than men for similar roles, with employees alleging that the company employs policies that perpetuate gender pay gaps, including setting salaries based on prior pay and expectations, performance evaluations that disadvantage women, and talent reviews that reward men more generously.
Judge Schulman ruled there was a “reasonable possibility” that thousands of women in Apple’s engineering, AppleCare, and marketing divisions experienced unequal pay due to what he described as a centralized wage-setting policy that, while facially neutral, had discriminatory effects.
He rejected Apple’s arguments that pay disparities were justified on a case-by-case basis, stating that such logic would make it nearly impossible to certify a class action under California’s Equal Pay Act.
Partial wins for Apple
While most of Apple’s motions were denied, the court did rule that claims seeking back pay for female employees no longer at Apple, affected by policies implemented in 2020, must be dropped. Additionally, a claim of racial discrimination linked to pay disparities was suspended, though the employee, Zainab Bori, has been granted the opportunity to amend her complaint.
Bori alleges that she faced retaliation after filing a discrimination complaint and was fired by a manager with a history of negative interactions with African American employees. Judge Schulman said her case could proceed if further evidence is provided.
Hostile working environment
The case also includes claims from Apple employee Justina Jong, who alleges that the company failed to address a hostile work environment created by a senior colleague. Jong claims she was sexually harassed by a senior member of Apple’s talent development team in 2019 and that her requests to be moved to a different position were ignored.
Apple argued that the harassment was an isolated incident and that Jong rejected reasonable accommodations. The judge sided with Jong, however, stating her allegations spanned years and included witnessing similar conduct toward other women. He also found that Apple failed to prove it provided a valid accommodation, instead placing the burden on Jong to find her own alternative role.
Jong claims the unresolved harassment led to post-traumatic stress disorder, and if her case succeeds, Apple could face liability for failing to provide timely accommodations.
Eve Cervantez, representing employees in the lawsuit, welcomed the court’s decision, stating, “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.”
Joseph Sellers, another attorney for the plaintiffs, described the case as a landmark one, potentially impacting thousands of female employees and setting a precedent for gender pay equity in the tech sector.
The case reveals growing legal challenges for tech companies as employees and advocates push for greater accountability on pay equity and workplace harassment issues.
