National laboratory pays female employees less than male counterparts: Violation of state statutes: Settlement

Law Reporter, May 2004

Singleton v. Regents of Univ. of Cal., Cal., Alameda County Super. Ct., No. 807233-1, Feb. 26, 2004.

Singleton, a chemist, worked at the Lawrence Livermore National Laboratory for 22 years. Singleton and other women employed at the laboratory believed that the laboratory, which is managed by the University of California, undervalued the contributions of female employees. Women discovered that they were being paid less than male employees with comparable levels of education and experience, and that they were passed over for promotions in favor of male colleagues who were less qualified.

A group of women scientists attempted to bring their concerns to laboratory managers. In particular, the women claimed that the laboratory's "relative value" ranking system-in which managers rank their subordinates compared against everyone else in a work group-was discriminatory. The managers, who were mostly male, consistently ranked women lower than their male peers. The women collected salary information that indicated that women were being underpaid, and presented this information in reports to management.

Singleton and five other women brought a class action suit against the laboratory on behalf of all past, present, and future female employees. Suit alleged violation of California's Fair Employment and Housing Act, Cal. Gov't Code §§ 12940 et seq., and California's Equal Pay Act, Cal. Lab. Code § 1197.5. Plaintiffs alleged the laboratory's own internal studies had disclosed salary disparities between male and female employees, and that the laboratory had taken no remedial action.

The laboratory argued that salary disparities are not indicative of systematic discrimination against female employees. It also asserted that the ranking and promotion systems are job-related. The court dismissed Singleton as a plaintiff and named two other plaintiffs as class representatives.

The parties settled before trial. Defendant will pay $9.7 million into a settlement fund to be distributed among the class members. In addition, defendant will pay each of the seven named plaintiffs $80,000 and increase the base salary of all women employed by the lab by 1 percent. The lab will discontinue the relative ranking system for administrative and technical employees and provide clear criteria for ranking other employees. Finally, the lab will pay plaintiffs' attorney fees of about $8.2 million.

Plaintiffs' Counsel

*James C. Sturdevant,

*Mark T. Johnson,

Karen Hindin,

*Todd Schneider, and

Guy Wallace, all of San Francisco, Cal.

*J. Gary Gwilliam,

Kimberly M. Drake,

*Arthur Bryant, and

* Victoria Ni, all of Oakland, Cal.