A California state judge has largely rejected an attempt by Apple to dismiss a proposed class action alleging consistent pay disparities affecting female employees. The lawsuit claims that women in various divisions of the company have been consistently underpaid compared to their male counterparts, violating the California Equal Pay Act and Fair Employment and Housing Act.
In a recent ruling, a judge in San Francisco County Superior Court denied Apple’s motion to strike significant portions of the case. Apple had argued that claims regarding pay and discrimination required individualized evaluations based on specific employees, teams, and managerial decisions. However, the judge disagreed, stating that it is premature to determine whether individual issues outweigh common legal and factual questions.
The judge upheld claims that Apple’s pay practices potentially violated state employment laws but sided with the defense in one respect—ruling that former employees are not entitled to waiting time penalties under the state’s Labor Code. The court explained that these penalties are designed to encourage timely final payments to departing workers, which would not be feasible in cases requiring extensive analysis of pay disparities.
The lawsuit seeks to represent approximately 12,000 current and former female employees. The plaintiffs argue that Apple’s past reliance on salary history, and later on pay expectations, led to lower wages for women performing substantially similar work as men. Although California law prohibited inquiries about past salaries starting in 2018, Apple reportedly shifted to asking candidates about their pay expectations, which plaintiffs contend continued to reinforce gender pay gaps.
Apple maintains that class certification is unlikely, contending that its pay decisions do not stem from a uniform policy but rather individualized circumstances. However, the judge explained that proving a discriminatory policy existed does not require each plaintiff to show they were personally affected in the same way. The ruling further noted that class-wide evidence, such as statistical and pattern-based analysis, could support the claims.
Legal representatives for the employees welcomed the decision, stating that it allows them to move forward with class-wide discovery to gather evidence demonstrating how Apple’s pay practices resulted in gender-based wage disparities. They expressed optimism that the case would ultimately lead to a more equitable workplace.
If you believe you are being paid unfairly based on your gender, you may have legal options. Fitapelli & Schaffer offers free consultations to evaluate potential claims and help ensure workplace fairness. Contact us today to discuss your situation.