Uber Gender Discrimination Class Action Settlement Terms Released

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Earlier this week, two plaintiffs in a class action lawsuit accusing Uber Technologies Inc. of unlawful discrimination and harassment on the basis of gender, race and national origin have asked a California federal judge to grant final approval to a $10 million class action settlement.

Plaintiffs Roxana del Toro Lopez and Ana Medina on Monday said that the Uber class action settlement is “fair, reasonable, and adequate.” They also report that Class Members have responded favorably to the deal.

According to the Uber settlement documents, notice of the settlement was mailed to 487 Class Members, and only two have opted out. No one objected to the Uber gender discrimination class action settlement.

No Claim Form was required to receive benefits from the Uber class action settlement. Payments will be paid out automatically to all eligible Class Members who did not opt out.

Individual awards are calculated in proportion to the weeks they worked during the applicable time periods, adjusted for the strength of the Class Member’s claim. Payments reportedly range from about $28 to $39,000, with an average payment of about $10,700.

Class Members who worked in California are eligible for additional benefits ranging from $1.24 to $55.91, depending on the number for weeks they worked in California during the Private Attorneys General Act (PAGA) period.

Fifty-six Class Members also submitted optional Claim Forms for a separate fund intended to pay claims of harassment, hostile work environment and emotional distress. These 56 Class Members are eligible to receive an average payment of $34,000.

The individual payments will be calculated based on the nature of the reported harassment, the offender, available evidence such as documentation and witnesses, and the effect the harassment had on the victim. These awards will range from $0 to $100,000, the Uber settlement documents indicate.

Lopez, a female Latina software engineer employed by Uber from May 2015 through August 2017, says she was treated differently by Uber than her male colleagues.

According to the Uber gender discrimination class action lawsuit, she was hired as an independent contractor instead of a full-time employee, which limited her ability to work effectively with the team and also meant she was paid less than full-time employees.

Because Uber sets its initial compensation for employees based on their past compensation, women are typically paid about 18 percent less than men in the marketplace, Lopez says.

Not only do women start at a lower pay rate than their male counterparts, but Uber’s compensation and promotion policies also allegedly disproportionately benefit men over women.

The $10 million Uber class action settlement was initially announced in March.

Uber has reportedly implemented a new employment compensation and equity structure, revamped its performance review process and stepped up its efforts to address concerns about diversity.

A hearing has been scheduled for Nov. 6.

The plaintiffs are represented by Jahan C. Sagafi, Rachel W. Dempsey, Laura Iris Mattes, Adam T. Klein and Rachel M. Bien of Outten & Golden LLP.

The Uber Gender Discrimination Class Action Lawsuit is Roxana del Toro Lopez, et al. v. Uber Technologies Inc., Case No. 4:17-cv-06255, in the U.S. District Court for the Northern District of California, Oakland Division.