Although some of Apple’s defence was deemed “demonstrably inaccurate” and most of its arguments were “insufficient,” Apple successfully argued against efforts to seize the back pay of former female employees who no longer work for Apple and who were also impacted by apparently sexist policies implemented around 2020. This claim must be dropped in order to move forward with the proposed class action.
In addition, another claim alleging a pay disparity linked to racial bias was suspended. Zainab Boori, the Apple employee who is suing, will be able to amend her claim she was fired in retaliation after filing a complaint. It could survive if Bori adds the evidence currently missing that “she suffered an adverse employment action” when working under a supervisor with an alleged “history of negative interactions with African American employees,” Schulman’s order. Apple did not respond immediately to Ars’ comment request
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In an Ars press release, Eve Cervantez a lawyer for Apple workers who are suing, celebrated court’s decision.
“I am really pleased with today’s ruling,” Cervantez said. “This start low, stay low practice has been a no-win situation for women working at Apple for years. So, I’m glad they will have their day in court.”
Apple accused ignoring hostile workplace
Justina Jong, whom the Complaint noted has been with Apple since 2013 and helped lead “cross-functional teams that improve the App Review experience for global app developers”- this week’s victory might be especially encouraging after Apple allegedly failed to take her sexual harassment experience seriously.
Jong alleges that Blaine Weilert was a senior member of the Apple talent development team who touched her in a sexually provocative manner without consent in 2019. Apple, despite Weilert’s admission and subsequent discipline, failed to convince Jong that this was an isolated incident and didn’t create a hostile workplace.
