University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Chapman v. Dell EE-TX-0468
Docket / Court 1:09-cv-00311-JRN ( W.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Case Summary
On October 29, 2008, four current and former female employees of Dell, Inc. filed a lawsuit against Dell under Title VII of the Civil Rights Act of 1964, the Equal Pay Act, and the Fair Labor Standards Act, in the Northern District of California. Plaintiffs sought class action certification for a ... read more >
On October 29, 2008, four current and former female employees of Dell, Inc. filed a lawsuit against Dell under Title VII of the Civil Rights Act of 1964, the Equal Pay Act, and the Fair Labor Standards Act, in the Northern District of California. Plaintiffs sought class action certification for a class of similarly situated female employees company-wide. Represented by private counsel, they sought declaratory and injunctive relief, as well as monetary damages in excess of $500,000,000. Plaintiffs alleged, as individual and class action claims, that Dell had engaged in systemic sex and age discrimination perpetrated through discriminatory compensation and placement, discriminatory denials of promotions and pay raises, and discriminatory terminations. Individually, Plaintiffs each alleged retaliation for their complaints to the company regarding gender discrimination. Specifically, two Plaintiffs claimed that they were maliciously denied bonuses and targeted for the company's April 2008 mass layoffs, when they were terminated while the company retained less qualified men. The two other Plaintiffs claimed Dell failed to provide them with equal pay or promote them.

On November 13, 2008, Dell requested the case be transferred to the Western District of Texas. Dell argued that an ongoing case in that jurisdiction (Hubley v. Dell, Inc., EE-TX-0463 on this site) was filed by a different class representative whose similar putative class action claims encompassed the claims in the instant case. Each of the Plaintiffs in Chapman were also subject to a forum selection clause in their employment agreement that required all arbitration to be conducted in the Western District of Texas. On December 17, 2008, all parties agreed to transfer the case.

(Plaintiffs subsequently requested that Hubley v. Dell be stayed until the outcome of the instant case. This motion was never ruled on.)

On May 20, 2009, the parties informed the court that a settlement had been reached. On July 13, 2009, the court granted Plaintiffs' request to dismiss the case with prejudice. The settlement agreement is not available.

Jennifer Gitter - 03/13/2013


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Issues and Causes of Action
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Issues
Affected Gender
Female
Defendant-type
Retailer
Discrimination-area
Demotion
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Pay / Benefits
Promotion
Seniority
Discrimination-basis
Age discrimination
Sex discrimination
General
Disparate Impact
Disparate Treatment
Retaliation
Plaintiff Type
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219
Equal Pay Act, 29 U.S.C. § 206(d)
Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Defendant(s) Dell, Inc.
Plaintiff Description The complaint named as the plaintiff class current and former Dell female employees harmed by systemic sex and age discrimination. But later, the individual plaintiff employees agreed to strike the class allegations.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2009
Case Ongoing No
Case Listing EE-TX-0463 : Hubley v. Dell Inc. (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)
3:08-cv-4945 (W.D. Tex.) 01/12/2009
EE-TX-0468-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
1:09-cv-00311-JRN (W.D. Tex.) 07/13/2009
EE-TX-0468-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 10/29/2008
EE-TX-0468-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation of Dismissal [...] 07/10/2009
EE-TX-0468-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 07/13/2009 (W.D. Tex.)
EE-TX-0468-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Final Judgment 07/13/2009 (W.D. Tex.)
EE-TX-0468-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Nowlin, James Robertson (W.D. Tex.)
EE-TX-0468-0002 | EE-TX-0468-0003 | EE-TX-0468-9000
Patel, Marilyn Hall (N.D. Cal.)
EE-TX-0468-9001
Monitors/Masters None on record
Plaintiff's Lawyers Boyd-Nafstad, Christa J. (Texas)
EE-TX-0468-0001 | EE-TX-0468-9000
Heisler, Jeremy (New York)
EE-TX-0468-0004
Jones, James Alton (Texas)
EE-TX-0468-0001 | EE-TX-0468-9000
Kimpel, Katherine M. (District of Columbia)
EE-TX-0468-0004
Litton, Thomas Marc (California)
EE-TX-0468-0004 | EE-TX-0468-9001
Roemer, Stefanie F. (District of Columbia)
EE-TX-0468-0004
Sanford, David W. (District of Columbia)
EE-TX-0468-0001 | EE-TX-0468-0004 | EE-TX-0468-9000 | EE-TX-0468-9001
Wipper, Janette Lynn (District of Columbia)
EE-TX-0468-0004
Wittels, Steven Lance (New York)
EE-TX-0468-0001 | EE-TX-0468-0004 | EE-TX-0468-9000 | EE-TX-0468-9001
Defendant's Lawyers Boulette, Jason Scott (Texas)
EE-TX-0468-0001 | EE-TX-0468-9000
Buchanan, Brittan L. (Texas)
EE-TX-0468-0001 | EE-TX-0468-9000
Burkhardt, Michael S. (Pennsylvania)
EE-TX-0468-0001 | EE-TX-0468-9000 | EE-TX-0468-9001
Eisen, Rebecca Dianne (California)
EE-TX-0468-9000 | EE-TX-0468-9001
Martinez, Anne E. (Pennsylvania)
EE-TX-0468-0001 | EE-TX-0468-9000
Other Lawyers Lucio, Tonia Lea (Texas)
EE-TX-0468-9000
Scarborough, Terry Lane (Texas)
EE-TX-0468-9000
Weisbart, Geoffrey D. (Texas)
EE-TX-0468-9000

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