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A California state judge has rejected a bid by Google Inc. to shut down claims in a class action lawsuit accusing the company of gender-based discrimination, finding the plaintiffs sufficiently alleged a common hiring practice that affected the thousands of putative Class Members they seek to represent.
San Francisco Superior Court Judge Mary E. Wiss had granted a demurrer from Google in December, after finding the plaintiffs’ initial gender discrimination class action lawsuit alleged “in a conclusory fashion” that gender bias affects Google workers on a company-wide basis, affecting “every job from masseuse to engineer.”
Judge Wiss found the plaintiffs reached this conclusion by reading too much into a U.S. Department of Labor report on pay disparities at Google’s offices because the DOL report did not include information about every job classification at Google.
Further, the judge noted that she was not sure that the plaintiffs’ argument that women were placed on different, lower-paying job “ladders” than men meant that they could file claims under the Equal Pay Act. However, she gave the plaintiffs a chance to file an amended Google gender bias class action lawsuit.
On Monday, Judge Wiss found that the revised Google gender bias class action lawsuit had been adequately amended to allege a common hiring practice at Google. She denied Google’s second demurrer which argued the plaintiffs’ allegations were too vague.
The amended Google gender pay gap class action lawsuit added a fourth named plaintiff and provided 11 pages of information about the specific jobs that are covered by the gender discrimination lawsuit, Google’s methods for paying female employees less than their male counterparts, and how the DOL report exposed Google’s allegedly discriminatory practices.
An estimated 5,000 to 7,000 women may be eligible to participate as Class Members in the Google pay disparity class action lawsuit.
The Google gender discrimination class action lawsuit was filed by a group of female Google employees in September, who accuse the company of systematically discriminating against women in matters of compensation and promotions. As a result, they claim, female Google employees are paid less than male employees performing comparable work.
The plaintiffs allege they were placed in lower-paying tracks, that male employees with comparable qualifications were promoted over them, and that, overall, they were denied access to similar compensation and career opportunities.
According to the Google gender bias class action lawsuit, the plaintiffs ultimately left Google because of the lack of career advancement opportunities for women at the company.
The plaintiffs are seeking outstanding wages, liquidated damages, statutory and civil penalties, and injunctive relief.
The plaintiffs are represented by James Finberg and Eve Cervantez of Altshuler Berzon LLP and Kelly Dermody of Lieff Cabraser Heimann & Bernstein LLP.
The Google Gender Discrimination Class Action Lawsuit is Kelly Ellis, et al. v. Google Inc., Case No. GCG-17-561299, in the Superior Court for the State of California, County of San Francisco.
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