On May 14, 2019, a female employee of Western Digital Corporation filed this class-action lawsuit in the Central District of California. The plaintiff, on behalf of herself and approximately 1,370 female employees, sued Western Digital Corporation under Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Fair Labor Standards Act, and state law. Western Digital, the defendant, is a major computer data storage company. The plaintiff, represented by private plaintiff firms, sought injunctive relief and nominal, compensatory, and punitive damages. The plaintiff claimed that the defendant engaged in discriminatory pay, promotion, and job placement policies based on gender. Specifically, she alleged that her employer paid her less than her male coworkers who performed substantially similar work, and refused to promote her despite promoting less qualified male employees.

On May 29, the plaintiff filed a motion for approval of a class settlement agreement, unopposed by the defendant. The parties reached the settlement agreement before they filed formal litigation. The settlement class contained two sub-classes: a California Sub-Class and a Nationwide Sub-Class. The California Sub-Class included women directly employed by Western Digital in California in a senior manager level or below at any time from November 1, 2012 through the date of the Order Granting Preliminary Approval. The Nationwide Sub-Class included women directly employed by Western Digital as regular employees in the senior manager position or below in the United States at any time from November 1, 2013 through the date of the Order Granting Preliminary Approval.

The proposed agreement contained two central components: programmatic relief aimed at eliminating gender disparities and generating equal employment opportunities and a $7.75 million settlement fund. The proposed programmatic relief focused on initiatives to remedy the alleged discriminatory practices based on gender and to foster an equitable work environment. According to the settlement, Western Digital agreed to develop initiatives to evaluate, promote, and compensate women equitably, conduct statistical analyses regarding pay and promotion, design leadership initiatives for women, and improve its policies regarding flexible work arrangements and parental leave. Further, the company agreed to keep records relevant to their compliance with this agreement and to enhance investigation procedures for managing internal complaints of gender discrimination. The proposed settlement included the appointment of a compliance monitor by Western Digital to determine their ongoing adherence to the agreement.

Out of the fund, the proposed settlement granted each class member on average $3,615 in damages. Attorneys' fees comprised 33.33 percent, or $2,583,333. Defendants agreed to dedicate any unused funds to Legal Aid at Work and Legal Aid Society of Orange County. The proposed settlement did not specify an end date.

The judge had yet to approve the settlement agreement as of September 26, 2019. The case is still ongoing.

Lily Sawyer-Kaplan - 10/02/2019


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