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Case Name Wellens v. Daiichi Sankyo EE-CA-0349
Docket / Court No. 13-581 ( N.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Case Summary
On February 11, 2013, a class of current and former female sales employees filed a lawsuit in the U.S. District Court of the Northern District of California under Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the California Equal Pay Act, the California Fair Employment and Housing ... read more >
On February 11, 2013, a class of current and former female sales employees filed a lawsuit in the U.S. District Court of the Northern District of California under Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the California Equal Pay Act, the California Fair Employment and Housing Act, and the California Business and Professions Code against pharmaceutical manufacturer Daiichi Sankyo, Inc. Specifically, the plaintiffs claimed disparate impact in pay, benefits and promotional opportunities as well as discrimination for pregnancy and family responsibilities. the class, represented by private counsel, asked the court for permanent injunctive relief, the implementation of programs that provide equal employment opportunities for female employees and damages for gender discrimination in employment.

On April 12, 2013, the defendant moved to transfer venue to the District of New Jersey where its corporate headquarters was located, arguing that since key evidence and witnesses are located there, it would serve the interests of convenience and efficiency. On June 25, 2013, the Court (Judge Claudia Wilken) denied the defendant's motion, stating that it failed "to meet its burden of establishing that the balance of inconvenience weighs heavily in favor of transfer."

As of November 21, 2013, this case is still pending.

Christianna Kyriacou - 11/21/2013


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Issues and Causes of Action
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Issues
Affected Gender
Female
Discrimination-area
Pay / Benefits
Promotion
Discrimination-basis
Pregnancy discrimination
Sex discrimination
General
Disparate Impact
Plaintiff Type
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Equal Pay Act, 29 U.S.C. § 206(d)
Defendant(s) Daiichi Sankyo, Inc.
Plaintiff Description women discouraged from having children
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Unknown
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
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)
3:13-cv-00581-WHO (N.D. Cal.) 09/25/2013
EE-CA-0349-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class and Collective Action Complaint 02/11/2013
EE-CA-0349-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant's Motion to Transfer Venue 04/12/2013
EE-CA-0349-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Defendant's Motion to Transfer Venue 06/25/2013 (2013 WL 3242294) (N.D. Cal.)
EE-CA-0349-0003.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Orrick, William Horsley Jr. (N.D. Cal.)
EE-CA-0349-9000
Wilkin, Claudia Court not on record
EE-CA-0349-0003
Monitors/Masters None on record
Plaintiff's Lawyers Chukwu, Chioma Ifeyinwa (California)
EE-CA-0349-9000
Medina, Felicia Maria (California)
EE-CA-0349-0001 | EE-CA-0349-9000
Wipper, Janette L. (California)
EE-CA-0349-0001 | EE-CA-0349-9000
Defendant's Lawyers Alamuddin, Sari M. (Illinois)
EE-CA-0349-0002 | EE-CA-0349-9000
Borovicka, Megan Barry (California)
EE-CA-0349-0002 | EE-CA-0349-9000
Fitzpatrick, Alice Klair (Pennsylvania)
EE-CA-0349-9000
Powers, Allison Nugent (Illinois)
EE-CA-0349-9000
Robinson, Blair J. (Pennsylvania)
EE-CA-0349-0002 | EE-CA-0349-9000
Stohner, George Alan (California)
EE-CA-0349-0002 | EE-CA-0349-9000
Willard, Alison Bowman (California)
EE-CA-0349-9000
Other Lawyers None on record

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