Apple Sued by Employees Alleging Unequal Pay for Women
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Apple Sued by Employees Alleging Unequal Pay for Women

Lawsuit says company’s hiring and performance-review practices routinely slant toward men

By ERIN MULVANEY
Fri, Jun 14, 2024 7:30amGrey Clock 3 min

Two female Apple employees filed a proposed class-action lawsuit Thursday alleging the company pays women lower salaries than men for similar work.

The suit, filed in a San Francisco state court, targets Apple’s hiring practices used to set compensation, as well as the company’s performance-review policies. It is the latest in a series of pay equity lawsuits against major corporations, including large tech giants, that allege they underpay women and minorities .

The lawsuit seeks to represent a class of 12,000 women employed at Apple across several departments who have worked there since 2020. The plaintiffs allege that the company is violating the California equal pay, employment and unfair business practice laws. The business practice law limits claims to a four-year period.

An Apple spokesman said the company has achieved and maintained gender pay equity since 2017. Apple works with an independent third-party expert to examine team members’ total compensation and makes adjustments where necessary, he said.

Google and Oracle settled similar claims in California in recent years, pushing similar arguments about pay policies for new hires. Google agreed to pay 15,500 women $118 million to settle its case in 2022 and Oracle agreed to pay $25 million for 4,000 female workers earlier this year. The companies didn’t admit wrongdoing.

One of the lead attorneys on those cases is also representing the plaintiffs against Apple.

Central to the new lawsuit is how Apple sets a new hire’s compensation. Before 2018, Apple asked applicants to provide their previous salaries to determine pay, the suit says.

When California passed a 2018 law that banned employers from considering prior pay to set compensation, Apple asked applicants about pay expectations instead, the suit says. The plaintiffs’ lawyers argue that the practice of asking about pay expectations perpetuates gender discrimination because women have historically been paid less than men.

“If you do pay women less, you can’t defend it by saying they were willing to take less money,” said James Finberg , one of the plaintiffs’ attorneys.

One of the plaintiffs, Justina Jong, said she discovered a male co-worker’s W2 left behind on a printer in Apple’s Sunnyvale, Calif., branch. Though she had the same responsibilities as her male co-worker, she saw his base salary in the tax filing was $10,000 more than what she made, she said. She discovered the discrepancy several years ago, about midway through her decade-plus career at Apple, where she held several roles in sales, training and marketing.

“I felt terrible and was shocked as well. I saw myself as a hardworking person, and collaborative, providing a lot of solutions for the team,” Jong said in an interview. “I thought to myself, ‘Maybe if I work harder, they will see that I’m worth just as much or more.’”

The lawsuit alleges that when Apple hired Jong in 2013, it paid her the same base salary she earned at her previous job. In the years following, the company never gave her the kind of raise that put her on equal footing with her male peers, the suit says.

Jong said it took her years to decide to challenge the discrepancy and sign onto the lawsuit. She said she was spurred by stories about unequal pay from other women at the company.

During the Covid-19 pandemic, Apple faced a rise in employee activism. Apple workers organized to form a group called Apple Too to mirror the #MeToo movement, which gathered stories of discrimination and pushed the company to change its pay practices. The movement led to some retail stores forming unions.

“At Apple we are deeply committed to inclusion and we have a longstanding commitment to pay equity, which is embedded in our approach to compensating our valued team members,” a spokesman for Apple said.

The other named plaintiff, Amina Salgado, has worked at Apple since 2012 in various roles, including as a manager in the AppleCare division in the company’s office near Sacramento. She discovered she was paid less than men in similar roles, and she complained several times about the discrepancy, according to the lawsuit. Apple hired a third party to investigate, and after the report concluded she was right, the company increased her pay. She didn’t get back pay, the lawsuit says.

The suit also claims that Apple uses biased criteria in its performance-review system. Men routinely receive higher ratings for the discretionary categories of leadership and teamwork, leading to better reviews for men, the plaintiffs’ lawyers argue.



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To Get What You Want, Try Shutting Up

Silence makes us feel awkward. Deploying it can be a superpower.

By RACHEL FEINTZEIG
Fri, Sep 27, 2024 4 min

To get what you want, try closing your mouth.

A well-deployed silence can radiate confidence and connection. The trouble is, so many of us are awful at it.

We struggle to sit in silence with others, and rush to fill the void during a pause in conversation. We want to prove we’re smart or get people to like us, solve the problem or just stop that deafening, awkward sound of nothing.

The noise of social media and constant opinions have us convinced we must be louder to be heard. But do we?

“I should just shut up,” Joan Moreno , an administrative assistant in Spring, Texas, often thinks while hearing herself talk.

Still, she barrels on, giving job candidates at the hospital where she works a full history of the building and parking logistics. She slips into a monologue during arguments with her husband, even when there’s nothing good left to say. She tries to determine, via a torrent of texts, if her son is giving her the silent treatment. (Turns out he just had a cold.)

“I should have just held it in,” she thinks afterward.

We often talk ourselves out of a win. Our need to have the last word can make the business deal implode or the friend retreat, pushing us further from people we love and things we want.

“Let your breath be the first word,” advises Jefferson Fisher , a Texas trial lawyer who shares communication tips on social media.

The beauty of silence, he says, is that it can never be misquoted. Instead, it can act as a wet blanket, tamping down the heat of a dispute. Or it can be a mirror, forcing the other person to reflect on what they just said.

In court, he’ll pause for 10 seconds to let a witness’s insistence that she’s never texted while driving hang in the air. Sure enough, he says, she’ll fill the void, giving roundabout explanations and excuses before finally admitting, yes, she was on her phone.

For a mediation session, he trained a client to respond in a subdued manner if the other party said something to rile him up. When an insult was lobbed, the client sat quietly, then slowly asked his adversary to repeat the comment. No emotional reaction, just implicit power.

“You’re the one who’s in control,” Fisher says.

Acing negotiations

To be the boss, “you gotta be quiet,” says Daniel Hamburger , who spent years as the chief executive of education and healthcare technology firms.

He once sat across the negotiating table from an executive who was convinced his company was worth far more than Hamburger wanted to pay to acquire it. What Hamburger desperately wanted to do was explain all the reasons behind his math. What he actually did was throw out a number and then shut his mouth.

Soon they were shaking on a deal.

Hamburger, who retired last year and now sits on three corporate boards, also deployed strategic silence when running meetings or leading teams. If the boss chimes in first, he says, some people won’t speak up with valuable insights.

Days into one CEO job, Hamburger was confronted with two options for rewriting a piece of the company’s software. He didn’t answer, and instead turned the question back on the tech team.

“People were like, ‘Really? Are you really asking?’” he says. By morning, he had a 50-page deck from the team outlining the plan they’d long thought was best. He left them to it, and the project was done in record time, he says.

A day without speaking

Staying mum can feel like going against biology. Humans are social animals, says Robert N. Kraft , a professor emeritus of cognitive psychology at Otterbein University, in Ohio.

“Our method of connecting—and we crave it—is talking,” he says, adding that it excites us, raising our blood pressure, adrenaline and cortisol.

For years, Kraft assigned his students a day without words. No talking, no texting. Some of the students’ friends reported later that they’d been unnerved. After all, silence can be a weapon.

Many students also found that when forced to listen, they bonded better with their peers.

When we spend conversations plotting what to say next, we’re focused on ourselves. Those on the receiving end often don’t want to hear our advice or semi related anecdotes anyway. They just want someone to listen as they work through things on their own.

The question mark trick

Without pauses, we’re generally worse speakers, swerving into tangents or stumbling over sounds.

Michael Chad Hoeppner , a former actor who now runs a communications training firm, recommends an exercise to get used to taking a beat. Ask one question out loud, then draw a big question mark in the air with your finger—silently.

“That question mark is there to help you live through that fraught moment of, ‘I really should keep talking,’” Hoeppner says.

At a cocktail party or in the boardroom, you can subtly trace a question mark by your side or in your pocket to force a pause.

Sell with silence

Fresh out of college, Kyler Spencer struggled through meetings with potential clients. Some sessions stretched to two hours and still didn’t end in a yes.

The financial adviser, based in Nashville, Ill., realized he was rambling for 15-minute stretches, spouting off random economic facts in an attempt to sound savvy and experienced.

“I basically just bulldozed the meeting,” says Spencer, now 27.

He started meditating and doing breathing exercises to calm his nerves before meetings. He now makes sure to stop talking after a minute or two. The other person will jump in, sharing about their life, fears and goals. It’s information Spencer can use to build trust and pitch the right products.

His client list soon started filling up, and happy customers now send referrals his way.

“It’s amazing,” he says, “what you learn when you’re not the one talking.”

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