University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Hubley v. Dell Inc. EE-TX-0463
Docket / Court No. 1:08-cv-00804 ( W.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Case Summary
On October 29, 2008, plaintiffs filed a class action complaint in United States District Court for the Western District of Texas (Austin) against Dell Inc. alleging the defendant violated Title VII of the 1964 Civil Rights Act by systematically discriminating against female employees in pay, ... read more >
On October 29, 2008, plaintiffs filed a class action complaint in United States District Court for the Western District of Texas (Austin) against Dell Inc. alleging the defendant violated Title VII of the 1964 Civil Rights Act by systematically discriminating against female employees in pay, promotions, terminations, and other terms and conditions of employment. Plaintiffs Jill Hubley and Laura Guenther sought to represent a class of "all women employed by Dell between February 1, 2003 and the present, whether based in the United States or worldwide".

Plaintiffs sought compensatory and punitive damages for the individual plaintiffs and the class they represent as well as a permanent injunction requiring Dell to adopt policies in accord with the requirements of Title VII prohibiting gender discrimination in employment.

On July 23, 2009 the United States District Court for the Western District of Texas (Austin)(Judge James R. Nowlin) gave preliminary approval to a $9.1 million settlement, and certified a settlement class of "all women employed in the United States by Dell at any time between Feb. 14, 2007, and Dec. 31, 2008, in its C1 through D3 pay grades," excluding any employee who had previously signed a release as part of earlier litigation or settlement. The monetary settlement included $1.1 million in attorney fees and set up a back pay settlement fund of $4.5 million and a pay equity settlement fund of $3.5 million to account for salary adjustments and pay equity review.

On November 11, 2009 Judge James R. Nowlin issued a final order and judgment approving the class action settlement.

David Miller - 03/28/2010


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Discrimination Prohibition
Follow recruitment, hiring, or promotion protocols
Other requirements regarding hiring, promotion, retention
Retaliation Prohibition
Defendant-type
Retailer
Discrimination-area
Accommodation / Leave
Hiring
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Training
Discrimination-basis
Sex discrimination
Plaintiff Type
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Dell Inc.
Plaintiff Description All women employed by Dell in the United States for at least one day in C1 through D3 grade level positions or their equivalents between February14, 2007 and December 31, 2008.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2009 - 2012
Case Closing Year 2009
Case Ongoing No
Case Listing EE-TX-0468 : Chapman v. Dell (W.D. Tex.)
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:08−cv−00804 (W.D. Tex.) 11/06/2009
EE-TX-0463-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 10/29/2008
EE-TX-0463-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint 03/09/2009
EE-TX-0463-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 07/22/2009
EE-TX-0463-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
FINAL ORDER AND JUDGMENT APPROVING CLASS ACTION SETTLEMENT 11/06/2009 (W.D. Tex.)
EE-TX-0463-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Nowlin, James Robertson (W.D. Tex.)
EE-TX-0463-0004 | EE-TX-0463-9000
Monitors/Masters None on record
Plaintiff's Lawyers Knauth, Jennifer (Texas)
EE-TX-0463-0002 | EE-TX-0463-0003 | EE-TX-0463-9000
Lucio, Tonia Lea (Texas)
EE-TX-0463-0003 | EE-TX-0463-9000
McConnico, Stephen E. (Texas)
EE-TX-0463-0003 | EE-TX-0463-9000
Scarborough, Terry Lane (Texas)
EE-TX-0463-0003
Scarborough, Stephen R. (Georgia)
EE-TX-0463-9000
Sileo, Christopher D. (Texas)
EE-TX-0463-0003 | EE-TX-0463-9000
Springer, Julie A. (Texas)
EE-TX-0463-0001 | EE-TX-0463-0002 | EE-TX-0463-0003 | EE-TX-0463-9000
Weisbart, Geoffrey D. (Texas)
EE-TX-0463-0001 | EE-TX-0463-0002 | EE-TX-0463-0003 | EE-TX-0463-9000
Defendant's Lawyers Boulette, Jason Scott (Texas)
EE-TX-0463-9000
Buchanan, Brittan L. (Texas)
EE-TX-0463-9000
Burkhardt, Michael S. (Pennsylvania)
EE-TX-0463-0001 | EE-TX-0463-9000
Martinez, Anne E. (Pennsylvania)
EE-TX-0463-9000
Other Lawyers None on record

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