Bayer Loses Bid to Block Gender Discrimination Class Action

Bayer has lost a legal bid to prevent eight female employees from pursuing a group class action lawsuit claiming that “sexual harassment pervades every corner of the company.”

The women claim in the Bayer gender discrimination lawsuit, filed under the U.S. Equal Pay Act, that the German company discriminated in pay and promotions, and showed bias in its approach to pregnancy and family responsibilities. In addition, the women say, there was “disregard and indifference for concerns or complaints about discrimination.”

U.S. District Judge Dennis Cavanaugh on Monday denied Bayer’s request to bar the case from being considered for a class action lawsuit, a decision that will be made later in the litigation.

Cavanaugh ruled that the women’s complaint “sufficiently shows that female employees felt adverse effects at work especially in terms of opportunities for promotion and the privilege of maternity leave, despite the existence of facially neutral policies.”

Cavanaugh also said the women met their burden so far in showing Bayer may have violated Title VII of the U.S. Civil Rights Act of 1964.

The women filed their gender discrimination lawsuit against Pittsburgh-based Bayer Corp., as well as Bayer Healthcare Pharmaceuticals, Bayer Healthcare Consumer Care, and 12 individuals.

An attorney who represents the women said, “What the defendants were asking the court was premature. They were trying to get rid of the class-action portion of the case, and they lost it at this stage.”

The case is Victoria Barghout v. Bayer Healthcare Pharmaceuticals, Case No. 11-cv-1576, U.S. District Court, District of New Jersey, Newark.