The Walt Disney Company has asked a Los Angeles Superior Court judge to block a group of 10 female employees suing over pay discrimination from getting class-action status. According to a Fox Business news report, the corporation is arguing that the women’s claims are too specific to be able to apply to its entire workforce. A putative class-action lawsuit filed on behalf of two women last April alleged that Disney engaged in gender-based pay discrimination against women employees.
Class Action Status Sought
The lawsuit later added eight plaintiffs, all of whom worked at different divisions within Disney and are seeking compensation, including lost wages and benefits. In their amended lawsuit, the lawyers representing the 10 female plaintiffs sought class-action status, arguing that Disney’s pay practices systematically harmed women throughout the state.
Disney’s legal team countered that the court should not grant class-action status because the women don’t represent a unified class of company employees such as “cashiers” or “store managers.” The company denied allegations that they pay any female employee less than “her similarly situated male coworkers,” characterizing the case as “an assortment of individual claims based on highly individualized allegations.” A court hearing to decide whether the suit should receive class action status has been set for Dec. 11.
Understanding Gender-Based Pay Discrimination Claims
Gender pay discrimination occurs when employees receive unequal compensation based on sex rather than job performance, experience, or qualifications. In California, employees alleging pay discrimination may pursue individual claims or seek class action status when they can demonstrate that discriminatory pay practices affected a broader group of workers. Class action lawsuits allow multiple plaintiffs with similar claims to consolidate their cases, potentially increasing leverage against large employers and reducing individual litigation costs.
California Equal Pay Act
The California Equal Pay Act prohibits employers from paying their employees less than employees of the opposite sex for equal work. In 2015, Governor Jerry Brown signed the California Fair Pay Act, which further strengthened the Equal Pay Act in many ways and solidified the state’s commitment to achieving real gender pay equity. Unlike other anti-discrimination laws, such as the California Fair Employment and Housing Act, the employee does not need to prove that the employer intended to discriminate against her based on sex. The employee only needs to prove that he or she was paid less for similar work.
Not being paid the right wage for your job can be demoralizing but also humiliating and frustrating. If you believe you have experienced gender-based pay discrimination or wage theft, you may be able to join with other employees who have had similar experiences and file a class action lawsuit against your employer. An experienced Los Angeles employment lawyer can evaluate your situation, help you understand your legal rights under the California Equal Pay Act, and advise whether individual or class action litigation may be appropriate for your case.
Source: https://www.fastcompany.com/90420684/disney-is-trying-to-break-up-a-class-action-lawsuit-from-women-claiming-unequal-pay