The complaint asserts that Apple determines starting salaries based on previous pay or salary expectations, leading to lower pay for women. Additionally, the lawsuit claims Apple’s performance evaluation system, used for raises and bonuses, is biased against women.
Apple, headquartered in Cupertino, California, stated its commitment to inclusion and pay equity, noting its efforts since 2017 to achieve and maintain gender pay equity. However, Eve Cervantez, representing the plaintiffs, argued that Apple’s practices exacerbate existing gender pay gaps, creating a disadvantage for female employees.
Represented by class action law firms Outten & Golden, Cohen Milstein Sellers & Toll, and Altshuler Berzon, the plaintiffs highlight Apple’s reliance on applicants’ salary expectations rather than previous salary history, perpetuating wage disparities. They also claim Apple disproportionately rewards male employees with higher pay by labeling them as “talented”.
The lawsuit alleges violations of California’s Equal Pay Act, which prohibits gender-based pay discrimination, as well as state laws against workplace gender bias and unfair practices. One plaintiff, Justina Jong, claims Apple denied her transfer to another team after she reported sexual harassment by a coworker. The lawsuit seeks unspecified damages and penalties.
California law prohibits employers from asking job applicants about salary history to eliminate pay gaps based on gender and race. However, the lawsuit argues that Apple’s reliance on applicants’ salary expectations has a similar effect in perpetuating wage disparities.