University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Borland Software Corporation EE-CA-0037
Docket / Court 5:05-cv-03979-HRL ( N.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Special Collection IWPR/Wage Project Consent Decree Study
Attorney Organization EEOC
Case Summary
On September 30, 2005, the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against Borland Software Corporation on behalf of a female Vietnamese employee who was being paid less than her white male counterparts. The EEOC brought claims under Title VII of the Civil Rights Act of 196 ... read more >
On September 30, 2005, the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against Borland Software Corporation on behalf of a female Vietnamese employee who was being paid less than her white male counterparts. The EEOC brought claims under Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963, seeking its costs and seeking monetary and injunctive relief for the employee.

The parties had been participating in settlement negotiations and reached settlement shortly after the case was filed. The Court entered the agreement as a Consent Decree on October 19, 2005. The 3-year decree provided monetary and injunctive relief. Borland agreed not to discriminate or engage in practices that cause a disparate impact, not to retaliate against the employee, to provide EEO and diversity training to the employee's supervisors and relevant Human Resources representatives, and to notify the EEOC of the training's completion. Borland was required to pay the employee $66,500 for backpay damages and $13,500 for uncovered expenses. The employee's salary was raised from $100,000 to $110,000. No further court involvement appears on the docket and the case is now closed.

Kenneth Gray - 07/15/2013


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Issues and Causes of Action
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Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Equal Pay Act, 29 U.S.C. § 206(d)
Defendant(s) Borland Software Corporation
Plaintiff Description Equal Employment Opportunity Commission, on behalf of a female Vietnamese software employee
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Unknown
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2005 - 2008
Case Closing Year 2005
Case Ongoing No
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)
5:05-cv-03979-HRL (N.D. Cal.)
EE-CA-0037-9000.pdf | Detail
Date: 10/23/2006
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
EE-CA-0037-0001.pdf | Detail
Date: 09/30/2005
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 7]
EE-CA-0037-0002.pdf | Detail
Date: 10/19/2005
Source: PACER [Public Access to Court Electronic Records]
EEOC Litigation Settlement Report (October 2005)
EE-CA-0037-0003.pdf | Detail
Date: 10/31/2005

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