While some of Apple’s defense was deemed “demonstrably inaccurate” and most of its arguments “insufficient,” Apple did successfully argue against efforts to seize back pay for former female employees no longer working for Apple who were seemingly also impacted by allegedly sexist policies implemented in 2020. That claim must be dropped as the proposed class action moves forward.
Additionally, another claim alleging pay disparity that was linked to racial discrimination was suspended. But the Apple worker suing, Zainab Bori, will have a chance to amend her claim that she was fired as retaliation for filing a discrimination complaint. It could survive if she adds currently missing evidence that “she suffered an adverse employment action” while working under a manager with an alleged “history of negative interactions with African American employees,” Schulman’s order said.
Apple did not immediately respond to Ars’ request for comment.
In a press release sent to Ars, Eve Cervantez, a lawyer representing Apple workers suing, celebrated the court’s ruling.
“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 of ignoring hostile work environment
For Justina Jong—whom the complaint noted joined Apple in 2013 and has helped lead “cross-functional teams that improve the App Review experience for global app developers”—this week’s win might be particularly encouraging after Apple allegedly refused to take her experience with sexual harassment seriously.
Jong has alleged that in 2019, Blaine Weilert, a senior member of an Apple talent development team, touched her in a sexually suggestive manner without consent. Although Weilert admitted to the act and was disciplined, Apple tried and failed to argue this was a one-time offense that didn’t constitute a hostile work environment or warrant Jong’s repeated requests to be moved away from Weilert in Apple’s offices.