Disney Faces Growing Lawsuit Over Gender Pay Discrimination
ICARO Media Group
In a recent development, nearly 9,000 workers, including nine women in leadership positions, are suing Disney for alleged gender pay discrimination. The lawsuit challenges Disney's claims of equitable pay for its employees and highlights a series of court records that have been unsealed, shedding light on the ongoing legal battle.
At the center of the controversy is Nancy Dolan, the manager of creative music marketing at Disney, who was denied a promotion to director back in 2014. Despite the objections of her supervisor, Mitchell Leib, who praised her and urged higher-ups to reconsider the decision, Dolan still holds the same senior manager position she was offered at the time.
Newly unsealed court filings in the pay bias lawsuit have revealed emails from Mitchell to Sean Bailey, the president of Walt Disney Studios Motion Picture Production, where he refers to Dolan as "worth her weight in gold" and emphasizes her invaluable contributions to the company. Mitchell also points out the "terrible scores" in an employee satisfaction survey among women, frustrated with the lack of career advancement opportunities and citing Dolan as an example of the inequity.
Disney, however, has been hit with multiple allegations of pay discrimination in the past. In 2019, the company faced a lawsuit accusing it of "rampant pay discrimination," which cleared a major hurdle when a judge certified a diverse class of employees, spanning various departments and subsidiaries, to proceed with the lawsuit. This class is believed to be one of the largest ever suing under an equal pay act claim.
Although Disney challenged the class certification, arguing that the jobs within the company are too dissimilar to be compared, Los Angeles Superior Court Judge Elihu Berle sided with the plaintiffs' lawyer, Lori Andrus, highlighting the centralization and uniformity of Disney's practices as evidence. The judge found common issues of law and fact among the employees, paving the way for the class action to proceed.
The lawsuit notably focuses on Disney's policy of using candidates' prior salaries to determine their wages, leading to lower pay for women and perpetuating the gender pay gap. This practice was changed in 2017 after California passed a law prohibiting employers from inquiring about pay history. While the judge certified the class for claims filed under the Equal Pay Act, the class action for over 12,000 women suing under the violation of the Fair Employment Housing Act was denied due to the lack of a "common policy" binding them together.
Initially seeking damages of $150 million, the plaintiffs' lawyer, Lori Andrus, stated that the figure has since changed. With the court's order certifying the class, the focus now shifts to the discovery phase, where evidence regarding the discrimination claims will be pursued. As of now, no settlement discussions are scheduled, and the case is set to go to trial in October.
In response to the court's ruling, Disney expressed disappointment and stated that they are considering their options. The outcome of this lawsuit could have significant implications for the entertainment industry as a whole, as it highlights ongoing concerns about gender pay disparities and the need for workplace equality.