1 Specifically, upon knowledge and upon information and belief, Plaintiffs allege: INTRODUCTION 2 3 1. The Walt Disney Company is the world’s largest media company. 3 4 2. As explained in its 2018 Annual Report, 4 “The Walt Disney Company, together 5 with its subsidiaries, is a diversified worldwide entertainment company with operations in four 6 business segments: Media Networks, Parks and Resorts, Studio Entertainment, and Consumer 7 Products & Interactive Media. 8 9 10 3. Disney’s “Studio Entertainment” business segment “produces and acquires live- action and animated motion pictures, musical recordings, and live stage plays.” 5 Internally, the term “Studio Entertainment” is used interchangeably with “The Walt Disney Studios.” 6,7 4. 11 “The businesses in the Studio Entertainment segment generate revenue from 12 distribution of films in the theatrical, home entertainment and television and SVOD [(subscription 13 video-on-demand)] markets, stage play ticket sales, music distribution and licensing of Company 14 intellectual property for use in live entertainment productions…The Company distributes films 15 primarily under the Walt Disney Pictures, Pixar, Marvel, Lucasfilm and Touchstone banners.” 8 5. 16 17 Many thousands of people, and thousands of women, work in The Walt Disney Studios. 6. 18 Over the 11 years Ms. Rasmussen has worked for Disney, she has come to 19 understand that Disney routinely underpays its female employees, passes them over for 20 promotion, piles on extra work without additional compensation, and does not supply sufficient 21 support staff to women employees. Based on her extensive experience—and after her efforts to 22 resolve her complaints internally were unsuccessful—Ms. Rasmussen was left with little choice 23 24 25 26 27 28 3 See https://www.thewaltdisneycompany.com/about/ (last visited March 22, 2019). Available at: https://www.thewaltdisneycompany.com/wp-content/uploads/2019/01/2018Annual-Report.pdf (last visited March 22, 2019). 5 Id. 6 See https://www.thewaltdisneycompany.com/about/ (last visited March 22, 2019). 7 The Studio Entertainment business segment is referred to herein as “The Walt Disney Studios.” 8 See https://www.thewaltdisneycompany.com/wp-content/uploads/2019/01/2018-AnnualReport.pdf (last visited March 22, 2019). 4 -2EQUAL PAY CLASS ACTION COMPLAINT 1 but to conclude that Disney values its male employees greater than its female employees. That, 2 of course, is against the law. 3 7. As such, on behalf of the Class defined below, Plaintiffs seek all legal and 4 equitable relief available under the California Equal Pay Act, California Labor Code § 1197.5; 5 and California Business & Professions Code § 17200, et seq. PARTIES 6 7 8 9 10 11 8. Plaintiff LaRonda Rasmussen is a bi-racial woman over the age of eighteen. She resides in Valley Village, California. She works for Disney in Glendale, California. 9. Plaintiff Karen Moore is a woman of color over the age of eighteen. She resides in Sherman Oaks, California. She works for Disney in Burbank, California. 10. Defendant The Walt Disney Company is incorporated in Delaware, and is 12 registered with the California Secretary of State. The Walt Disney Company’s principal place of 13 business is located in Burbank, California. 14 11. Defendant Walt Disney Pictures is incorporated in California, and is registered 15 with the California Secretary of State. Walt Disney Pictures’ principal place of business is 16 located in Burbank, California. 17 12. Defendant Hollywood Records, Inc. is incorporated in California, and is registered 18 with the California Secretary of State. Hollywood Records, Inc.’s principal place of business is 19 located in Burbank, California. 20 21 22 13. The true names of Defendants sued as Does 1-10 are unknown to Plaintiffs and are sued pursuant to California Code of Civil Procedure section 474. 14. Each of the fictitiously-named Doe Defendants is responsible in some manner for 23 the conduct alleged herein, including, without limitation, by way of conspiracy, aiding, abetting, 24 furnishing the means for, and/or acting in capacities that create agency, respondeat superior, 25 and/or predecessor- or successor-in-interest relationships with the other Defendants. 26 27 15. Plaintiffs may seek to amend these pleadings as the identities of the Doe Defendants are discovered, and to add additional facts and/or legal theories. 28 -3EQUAL PAY CLASS ACTION COMPLAINT JURISDICTION AND VENUE 1 2 16. This Court has jurisdiction over this matter because The Walt Disney Company, 3 Walt Disney Pictures and Hollywood Records, Inc. maintain headquarters in California, are 4 licensed to do business in California, regularly conduct business in California, and committed and 5 continue to commit the unlawful acts alleged herein in California 6 17. Venue is proper in this Court pursuant to California Code of Civil Procedure 7 section 395.5 because: a) many class members work, or have worked in this county and, as such, 8 liability arises in this county; and b) Defendants maintain their principal places of business in this 9 county. 10 FACTUAL ALLEGATIONS 11 Plaintiff Rasmussen’s Background at Disney 12 18. LaRonda Rasmussen obtained her B.S. in Accounting from California State 13 University, Northridge. After graduating, she worked for NBC Universal for several years. In 14 February 2008, she was hired by Disney as a “Senior Financial Analyst.” Her starting salary was 15 $70,000. 16 19. Ms. Rasmussen has worked extremely hard for The Walt Disney Studios for more 17 than a decade. She regularly works on weekends, delivers what is required of the job, and is 18 dedicated to Disney’s mission. She enjoys her job tremendously, and considers herself a true 19 team player. She routinely receives positive performance reviews from her supervisors. From 20 time to time, she has been rewarded with raises and bonuses. 21 20. Despite Ms. Rasmussen’s clear devotion to her employer, and her exemplary 22 performance, Disney discriminates against her on account of her gender, paying her far less than 23 her male counterparts. Plaintiff Rasmussen Raises Concerns with Disney Human Resources 24 25 21. In 2017, Ms. Rasmussen raised the issue of unfair pay with Disney’s Human 26 Resources department (“Disney HR”). She explained that she believed that she was earning less 27 than men performing the same (or substantially similar) job duties, and asked for a desk audit to 28 determine whether her job responsibilities were aligned with her title. -4EQUAL PAY CLASS ACTION COMPLAINT 1 22. At the time, Ms. Rasmussen’s base salary was $109,958. 2 23. Each of the six men holding the same title as her (“Manager, Product 3 Development”) in 2017 had a much higher base salary. 4  The lowest-paid male Manager received $16,000+ more in base salary than 5 Plaintiff Rasmussen. 6  The highest-paid male Manager was paid almost $40,000 more than her. 7  When comparing the average base salary of male Managers, Plaintiff Rasmussen 8 was shortchanged more than $26,000. 9  One recently-hired male Manager—with several years less experience than 10 Plaintiff Rasmussen—was paid $20,000+ more. 11 24. Likewise, each of the six men holding the title “Senior Manager, Product 12 Development” in 2017 was paid significantly more than Ms. Rasmussen, even though she was 13 doing the same or substantially similar work as them.  The lowest-paid male Senior Manager received $26,000+ more in base salary than 14 Plaintiff Rasmussen. 15  The highest-paid male Senior Manager was paid more than $64,000 more than 16 her. 17  When comparing the average base salary of male Senior Managers, Plaintiff 18 Rasmussen was shortchanged nearly $50,000. 19 Disney’s Response 20 25. 21 22 Five months after Ms. Rasmussen asked Disney to consider whether she was being paid equally, Disney HR informed her that the amount of her pay “was not due to gender.” 26. 23 Even still, in November 2018, Disney raised Ms. Rasmussen’s salary by $25,000 24 (approximately 23% of her base salary), claiming that the increase was due to an evaluation of 25 “market forces.” 9 26 27. Ms. Rasmussen’s base salary is currently $138,375. 27 28 9 The “pay reason” assigned by Disney HR to the pay raise was: “equity adjustment.” -5EQUAL PAY CLASS ACTION COMPLAINT 1 2 28. male counterparts. As of 2018: 3  When compared to the average salary of male Managers, Ms. Rasmussen is paid 4 $5,270 less. 5  When compared to the average salary of male Senior Managers, Ms. Rasmussen is 6 paid approximately $34,000 less. Plaintiff Rasmussen’s Performance History 7 8 9 10 11 12 13 Even with her increased salary, Ms. Rasmussen still earns less than several of her 29. Plaintiff Rasmussen has always received positive comments in her performance evaluations, typically being graded “Right on Track” and “Moving Ahead.” Some of the glowing comments Ms. Rasmussen’s supervisors have made over the years include:  “She understands the Music Labels business very well and she has done a good job of implementing changes and managing their support for the forecast.”  She did an excellent job of working with the Music Publishing site and the team to 14 design a more simplified model. This is to date one of our most successful 15 projects since go-live.” 16  “LaRonda is building a good relationship with our main user from Pixar.” 17  “LaRonda will work extremely long hours and will never complain when we have 18 a deadline.” 19  “LaRonda has contributed immensely to the team during 2011.” 20  “LaRonda performed at a very high level this year. She has exceeded my 21 expectations on several occasions. She is truly a team player, she will work long 22 hours when required and she is extremely focused on improvements. She is calm 23 under pressure, is assertive when required and she partners well. I would like to 24 recommend LaRonda to be promoted to Project Manager this year [(2011)] as I 25 believe she is performing at that level.” 26 27  “LaRonda has had a very successful year and has transitioned extremely well into her role as a Project Manager.” 28 -6EQUAL PAY CLASS ACTION COMPLAINT 1  “She is extremely detail oriented, questions everything, has excellent process 2 knowledge and is methodical. She always earns the respect of the business 3 community extremely fast. She is now building a strong reputation within the IT 4 team.” 5  “She has also shown herself to be a very good presenter. She presented at several 6 critical meetings this years [sic] and she showed tremendous poise and 7 professionalism.” 8  “In 2015, LaRonda grew upon the successful engagement she has built over the 9 last 2 years and maintained her trusted partnership with the music royalties and 10 accounting team.” 11  “LaRonda starts with yes and her can-do willingness to take on challenging work 12 is infectious with the larger team. She is transparent and willing to confront 13 difficult issues.” Disney Underpays Other Women Employees 14 15 30. Plaintiff Rasmussen is not alone in being treated as cheap labor at Disney. 16 31. Other women employees were also underpaid by Disney. 17 32. Another female Manager was given the work of a Senior Manager, but was not 18 19 given a promotion for taking on extra responsibilities. 33. At the same time that Ms. Rasmussen received an “equity adjustment” in her 20 salary, a female Senior Manager also received a 26.6% raise and another female Manager 21 received a 27.7% raise, suggesting that Disney recognized the pay disparity was widespread. 22 34. Plaintiff Karen Moore, Senior Copyright Admin Administrator within the Disney 23 Music Group and a 23-year employee, inquired about an open position for “Manager,” but she 24 was discouraged from applying. Later, the job was converted into a “Senior Manager” position 25 and eventually a man was placed in that spot. On information and belief, he is making 26 significantly more than Ms. Moore even though they are both performing the same or 27 substantially similar work. 28 -7EQUAL PAY CLASS ACTION COMPLAINT Disney’s Highly-Structured Organization and Centralized Decision-Making 1 2 35. Disney’s compensation policies, practices, and procedures are consistent 3 company-wide, and within The Walt Disney Studios. Disney maintains uniform policies and/or 4 practices for setting initial pay, giving employees pay raises, and bonuses. Disney’s centralized 5 pay structure establishes corporate-imposed compensation ranges (which are not fully transparent 6 to employees). 7 36. The administration of Disney’s compensation system is centralized, and the 8 company’s compensation decisions originate from a highly-concentrated and male-dominated 9 management regime. 10 10 37. In addition to compensation, Disney maintains centralized control over employees’ 11 terms and conditions of employment, including, but not limited to, job and location assignment, 12 career progression, and promotions. 13 38. Disney utilizes uniform performance evaluations throughout The Walt Disney 14 Studios, and makes centralized decisions about promotions, compensation, bonuses, and all 15 manner of other employment policies governing employment conditions. 16 39. Disney has detailed written policies on a wide variety of topics, including 17 employee conduct and performance, reimbursement policies, electronic communications, internet 18 use, vacations, parental leave, inventions, and others. Disney’s Standards of Business Conduct 19 apply equally to all of its employees, as does its Employee Policy Manual. 20 40. Employees are trained in-house in accordance with company-wide, substantive, 21 training protocols. 22 23 24 25 26 27 28 10 Disney’s male-dominated culture is evidenced in the makeup of its senior leadership. Despite attracting talent from “renowned global organizations and industries,” The Walt Disney Company’s Board of Directors has a majority of men, and its Executive Leadership team is 77% male. See https://www.thewaltdisneycompany.com/about/ (last visited March 22, 2019). Likewise, The Walt Disney Studio’s senior leadership is 2/3 male. -8EQUAL PAY CLASS ACTION COMPLAINT Disney’s Policies, Practices and Procedures Result In Unequal Pay 1 2 41. Disney’s centralized compensation policies, practices and procedures which result 3 in unequal pay include initial salary determinations based on prior salary history, initial job 4 assignment, career progression, training, promotions, and evaluations. 5 42. Historically, and during the relevant time period, Disney expressly considered 6 each job applicant’s prior compensation (i.e., the compensation the prospective employee was 7 earning immediately prior to employment with Disney) in determining that employee’s initial 8 compensation level. In doing so, Disney’s hiring policies and practices perpetuated gender 9 discrimination, since women’s salary history tends to reflect lower pay than men’s. By inquiring 10 about salary history, Disney’s compensation policies, practices and procedures continued the 11 historic pay disparity between men and women, resulting in male employees receiving higher 12 starting salaries than women, even when those men and women are hired into the same job 13 position and perform substantially equal or similar work. These disparities were compounded 14 year on year. 15 43. The employment policies, procedures and practices at issue are not unique or 16 limited to any particular department/business area; rather, they apply throughout The Walt Disney 17 Studios and, thus, affect all women employees in the same manner regardless of the 18 department/business area in which they work. 19 44. Disney’s uniform policies, procedures and practices suffer from a lack of 20 transparency, adequate quality standards and controls, sufficient implementation metrics, 21 management/HR review, and opportunities for redress or challenge. As a result, women 22 employees are assigned, evaluated, compensated, developed, and promoted within a system that 23 is insufficiently designed, articulated, explained or implemented to consistently, reliably or 24 equitably manage or reward employees. 25 45. Disney also lacks a system of accountability with respect to gender discrimination. 26 Social science research has increasingly shown that implementing a meaningful system which 27 holds employees accountable for making unbiased personnel decisions is an effective means of 28 eradicating unequal pay. A meaningful system of accountability includes transparency in the -9EQUAL PAY CLASS ACTION COMPLAINT 1 distribution of opportunities and rewards, which is sorely deficient at Disney. A meaningful 2 system of accountability also includes regular monitoring to identify instances in which rewards 3 and opportunities are not distributed appropriately. Decision makers should be required to justify 4 personnel decisions, and some entity, individual or department, should be charged with 5 addressing instances in which fair treatment has been violated, and sanctioning those who engage 6 in unfair treatment. In other words, organizations need a department or individual who receives 7 regular reports on the decisions that have been made impacting gender. That individual or 8 department must regularly monitor all personnel actions to compare how employees of different 9 sexes have been treated, and must have sufficient clout to remedy unfair personnel actions and 10 appropriately sanction the decision makers who violated the organization’s standards of fair 11 behavior. 12 46. Businesses have systems of accountability for all consequential processes— 13 accident rates, losses, output, etc. The research on accountability shows that decision makers 14 who know that they are going to be held accountable for an outcome are less likely to use 15 irrelevant criteria in making a decision, and that women fare better in organizations that have 16 accountability systems associated with personnel evaluation. 17 47. Without the appropriate standards, guidelines, or transparency necessary to ensure 18 an equitable workplace, unfounded criticisms may be lodged against women employees and 19 illegitimate criticisms may be given undue weight. 20 48. Like other companies that operate without transparency, consistency, and 21 accountability, Disney’s leadership tends to value male workers more than female workers. The 22 company’s overall corporate culture and the uniform policies, procedures and practices inevitably 23 result in systemic pay discrimination to the disadvantage of the company’s female employees. 24 Such pay discrimination is manifested in multiple ways, including, without limitation, by: (a) 25 paying Plaintiffs and other female employees less than similarly-situated males; (b) failing to 26 advance Plaintiffs at the same pace as male employees performing equal or substantially similar 27 work; and (c) other adverse employment actions. 28 -10EQUAL PAY CLASS ACTION COMPLAINT 1 2 3 49. Taken together, Disney’s compensation policies, procedures and practices are not valid, job-related, or justified by business necessity. 50. At all times, Disney has known or should have known of the serious pay 4 disparities between its female and male employees performing equal or substantially similar 5 work, yet Disney has refused to acknowledge this fact, or to completely correct the pay disparities 6 existing in The Walt Disney Studios. Disney’s failure to pay women the same compensation paid 7 to men for equal or substantially similar work has been and is willful. CLASS ACTION ALLEGATIONS 8 9 51. Plaintiffs allege violations of California law on behalf of: all women employed in 10 California by The Walt Disney Company in the Walt Disney Studios (aka “Studio 11 Entertainment”) business segment at any time from April 1, 2015 through the date of trial in this 12 action (the “Class”). 13 52. On behalf of the Class, Plaintiffs bring claims under the California Equal Pay Act, 14 California Labor Code § 1197.5, and California’s Unfair Competition Law, Cal. Bus. & Prof. 15 Code § 17200 et seq. 16 53. The proposed Class meets the requirements for certification pursuant to California 17 Code of Civil Procedure § 382 because there exists an ascertainable and sufficiently numerous 18 Class, a well-defined community of interest, and substantial benefits from certification that render 19 proceedings as a class superior to the alternatives. Numerosity and Ascertainability 20 21 54. On information and belief, the Class consists of thousands of former, current and 22 future female Disney employees, too numerous to make joinder practicable. Members of the 23 Class are ascertainable through Disney’s records. Common Questions of Law and Fact Predominate 24 25 26 27 28 55. The prosecution of the Class’ claims requires the adjudication of numerous questions of law and fact common to Plaintiffs’ individual claims and those of the Class. 56. The common questions of law include, inter alia: (a) whether Disney has engaged in unlawful pay discrimination in its compensation, -11EQUAL PAY CLASS ACTION COMPLAINT 1 assignment, performance evaluation, promotion, and/or advancement policies, 2 procedures and practices, and in the general terms and conditions of work and 3 employment under the California Equal Pay Act; 4 (b) whether the failure to institute adequate standards, quality controls, 5 implementation metrics, or oversight in assignment, compensation, evaluation, 6 development, promotion and/or advancement systems violates the California Equal 7 Pay Act; 8 (c) whether the lack of transparency and of opportunities for redress in those systems 9 violates the California Equal Pay Act and/or other statutes; and 10 (d) whether Disney’s failure to prevent, investigate, or properly respond to evidence 11 and complaints of discrimination in the workplace violates the California Equal 12 Pay Act. 13 14 57. The common questions of fact include whether Disney has, inter alia: (a) used a system of assignment that lacks meaningful or appropriate standards, 15 implementation metrics, quality controls, transparency, and opportunities for 16 redress; 17 18 19 20 (b) through the use of that system of assignment, placed Class members in job classifications and/or job titles lower than similarly-situated males; (c) systematically, intentionally and/or knowingly placed Class members in job classifications and/or job titles lower than similarly-situated males; 21 (d) used a compensation system that lacks meaningful or appropriate standards, 22 implementation metrics, quality controls, transparency and opportunities for 23 redress; 24 25 26 27 28 (e) through the use of that compensation system, compensated Class members less than similarly-situated males in salaries, bonuses, raises, and/or benefits; (f) systematically, intentionally, and/or knowingly compensated Class members less than similarly-situated males; (g) used a promotion system that lacks meaningful or appropriate standards, -12EQUAL PAY CLASS ACTION COMPLAINT 1 implementation metrics, quality controls, transparency and opportunities for 2 redress; 3 4 5 (h) through the use of that promotion system, precluded or delayed the promotion of Class members into higher level positions traditionally held by males; (i) systematically, intentionally and/or knowingly precluded or delayed the promotion 6 of Class members into higher levels positions traditionally held by males; 7 (j) used a system for performance evaluations that lacks meaningful or appropriate 8 standards, implementation metrics, quality controls, transparency and 9 opportunities for redress; 10 (k) through the use of that performance evaluation system inadequately, inequitably, 11 or disparately measured and classified Class members’ and similarly-situated 12 males’ performance; 13 (l) systematically, intentionally and/or knowingly subjected Class members to 14 inaccurate, inequitable or discriminatorily-lowered performance evaluations; 15 (m) used HR and equal employment opportunity systems that lack meaningful or 16 appropriate standards, implementation metrics, quality controls, transparency and 17 opportunities for redress; 18 (n) through the use of those systems, minimized, ignored or covered up evidence of 19 pay discrimination and/or otherwise mishandled the investigation of responses to 20 complaints of pay discrimination brought to the attention of management, Disney 21 HR, or through other reporting channels; 22 (o) systematically, intentionally, and/or knowingly showed an indifference to evidence 23 of discrimination in the workplace or otherwise minimized, ignored, mishandled, 24 or covered up evidence of or complaints about pay discrimination; and 25 (p) failed to adequately or meaningfully train, coach or discipline management 26 personnel on equal employment opportunity principles and compliance. 27 28 -13EQUAL PAY CLASS ACTION COMPLAINT 1 58. The answers to these common questions will be the same for Plaintiffs and all 2 Class members and will establish (or not establish) the elements of Plaintiffs’ claims at the same 3 time as the Class members’ claims. 4 5 6 59. Plaintiffs’ individual claims require resolution of the common questions of whether Disney has engaged in pay discrimination against the Class members. 60. Plaintiffs have standing to seek such relief because of the adverse effect that such 7 discrimination has had on them as individuals and on Class members generally. Disney caused 8 Plaintiffs’ injuries through its discriminatory policies, procedures and practices. These injuries 9 are redressable through systemic relief and class-wide remedies. 10 61. In order to achieve such class-wide relief, Plaintiffs will first establish the 11 existence of systemic gender pay discrimination as the premise for the relief they seek. Without 12 class certification, the same evidence and issues would be subject to re-litigation in a multitude of 13 individual lawsuits with an attendant risk of inconsistent adjudications and conflicting 14 obligations. Certification of the Class is the most efficient and judicious means of presenting the 15 evidence and arguments necessary to resolve such questions for Plaintiffs, the Class, and 16 Defendants. 17 62. The cost of proving the damages caused by Disney’s policies, procedures and 18 practices makes it impracticable for Plaintiffs and Class members to prosecute their claims 19 individually. Typicality 20 21 63. Plaintiffs’ claims are typical of the claims of the Class. The relief sought by 22 Plaintiffs for gender pay discrimination complained of herein is also typical of the relief sought 23 on behalf of the Class. 24 64. Like the members of the Class, Plaintiffs are women males who have worked for 25 Disney in its Studio Entertainment business segment during the liability period and have been 26 paid less than their male counterparts doing the same or substantially similar work. 27 28 -14EQUAL PAY CLASS ACTION COMPLAINT 1 65. Additionally, discrimination in assignment, selection, promotion, and/or 2 advancement affected the compensation and employment opportunities of Plaintiffs and all 3 members of the Class in the same or similar way. 4 66. Disney has failed to create adequate incentives for its management and Disney HR 5 personnel to comply with its own policies and equal employment opportunity laws regarding each 6 of the employment policies, procedures and practices referenced in this Complaint, and has failed 7 to adequately discipline its management and Disney HR personnel when they violated company 8 policy and/or discrimination laws. These failures have affected Plaintiffs and the Class members 9 in the same or similar ways. 10 11 67. to remedy the claims of the Class members in this case. Adequacy of Representation 12 13 The relief necessary to remedy the claims of Plaintiffs is the same relief necessary 68. Plaintiffs’ interests are co-extensive with those of the members of the Class. 14 Plaintiffs seek to remedy Disney’s discriminatory employment policies, procedures and practices 15 so that Class members will no longer be paid less than their male counterparts doing the same or 16 similar work. Plaintiffs are willing and able to represent the Class fairly and vigorously as she 17 pursues their individual claims in this action. 18 69. Plaintiffs have retained counsel who are qualified, experienced, and able to 19 conduct this litigation and to meet the time and fiscal demands required to litigate an employment 20 discrimination class action of this size and complexity. The interests, experience, and resources 21 of Plaintiffs’ counsel to litigate competently the individual and class claims at issue in this case 22 satisfy the adequacy of representation requirement. Superiority of The Class Mechanism 23 24 70. Class certification is appropriate because common questions of law and fact 25 predominate over any questions affecting only individual Class members. Disney’s liability in 26 this case is based on uniform company policies and procedures applicable to all Class members. 27 The compensation that Disney owes to each individual Class member is relatively small when 28 compared to the expense and burden of individual litigation to recover that compensation -15EQUAL PAY CLASS ACTION COMPLAINT 1 individually. The prosecution of separate lawsuits against Disney by individual Class members 2 could create the risk of inconsistent or varying adjudications which could establish incompatible 3 standards of conduct for Disney. A class action is superior to other available methods for the fair 4 and efficient adjudication of the controversy set forth herein. Injunctive Relief Claims Suitable for Class Treatment 5 6 71. Disney has acted or refused to act on grounds that apply generally to the Class, so 7 that final injunctive relief and/or corresponding declaratory relief is appropriate respecting the 8 Class as a whole. 9 72. Disney has failed to create adequate incentives for its managerial and supervisory 10 personnel to comply with laws regarding the employment policies, practices, and procedures 11 described herein. 12 73. 13 Disney has acted on grounds generally applicable to Plaintiffs and the Class by adopting and implementing systemic policies, practices, and procedures that are discriminatory. 14 74. Disney has refused to act on grounds generally applicable to the Class by, inter 15 alia, paying Plaintiffs and Class members less than similarly-situated males; and failing to 16 promote or advance Plaintiffs and Class members at the same rate as similarly-situated males. 17 75. Disney’s systemic discrimination and refusal to act on grounds that are not 18 discriminatory have made appropriate the requested final injunctive or declaratory relief with 19 respect to the Class as a whole. 20 FIRST CLAIM FOR RELIEF VIOLATIONS OF THE CALIFORNIA EQUAL PAY ACT California Labor Code § 1197.5, et seq. (On Behalf of Plaintiffs and the Class) 21 22 23 24 76. this Complaint as if the same were set forth at length herein. 25 26 27 28 Plaintiffs hereby incorporate and reallege each and every preceding paragraph of 77. This cause of action is brought by Plaintiffs, individually, and on behalf of the 78. Disney has discriminated against Plaintiffs and Class members in violation of Class. California Labor Code § 1197.5, et seq. by paying Plaintiffs and Class members less when -16EQUAL PAY CLASS ACTION COMPLAINT 1 compared against similarly-situated males who performed the same or substantially similar work 2 when viewed as a composite of skill, effort, and responsibility, and which were performed under 3 similar working conditions. Disney so discriminated by subjecting them to discriminatory pay, 4 raises, and/or bonuses, discriminatory denials of promotions and other advancement opportunities 5 that would result in higher compensation, and other forms of discrimination in violation of the 6 California Fair Pay Act. 7 79. Disney caused, attempted to cause, contributed to, or caused the continuation of, 8 the wage rate discrimination based on sex in violation of the California Fair Pay Act. Moreover, 9 Disney willfully violated the California Fair Pay Act by intentionally, knowingly, and 10 deliberately paying Plaintiffs and Class members less than similarly-situated males. 11 80. As a result of Disney’s conduct and/or Disney’s willful, knowing and intentional 12 discrimination, Plaintiffs and the Class members have suffered and will continue to suffer harm, 13 including but not limited to, lost earnings, lost benefits, and other financial loss, as well as non- 14 economic damages. 15 16 81. remedies, including but not limited to compensatory damages, and liquidated damages. 17 82. 18 20 21 83. 25 26 27 28 Plaintiffs hereby incorporate and reallege each and every preceding paragraph of this Complaint as if the same were set forth at length herein. 23 24 Attorneys’ fees should be awarded under California Labor Code § 1197.5. SECOND CLAIM FOR RELIEF VIOLATIONS OF CALIFORNIA’S UNFAIR COMPETITION LAW Business and Professions Code § 17200, et seq. (On Behalf of Plaintiffs and the Class) 19 22 Plaintiffs and Class members are therefore entitled to all legal and equitable 84. This cause of action is brought by Plaintiffs, individually, and on behalf of the 85. Disney is a “person” as defined under California Business & Professions Code Class. § 17201. 86. Disney’s failure to pay Plaintiffs and Class members equally constitutes unlawful and/or unfair activity prohibited by California Business & Professions Code § 17200. By the -17EQUAL PAY CLASS ACTION COMPLAINT 1 conduct alleged herein, Disney violates the California Equal Pay Act, Labor Code § 1197.5, et 2 seq. Such violations also constitute unlawful business practices prohibited by California’s 3 Business and Professions Code § 17200. 4 87. As a result of its unlawful and/or unfair acts, Disney reaped and continues to reap 5 benefits at the expense of Plaintiffs and the Class members. Disney should be enjoined from 6 these activities. 7 8 88. Accordingly, Plaintiffs and Class members are entitled to restitution with interest and other equitable relief. PRAYER FOR RELIEF 9 10 WHEREFORE, Plaintiffs, on behalf of themselves and the Class, pray that this Court: 11 a. 12 13 Certify this case as a class action, designate Plaintiff Rasmussen and Plaintiff Moore as Class Representatives, and their counsel as Class Counsel; b. Declare and adjudge that Disney’s employment policies, practices and/or 14 procedures challenged herein are illegal and in violation of the rights of Plaintiffs and members of 15 the Class; 16 c. Issue a permanent injunction against Disney and its officers, owners, agents, 17 successors, employees, and/or representatives, and any and all persons acting in concert with 18 them, enjoining them from engaging in any further unlawful policies, practices, and/or policies 19 giving rise to gender discrimination as set forth herein; 20 d. Order Disney to initiate and implement programs that will: (1) provide equal 21 employment opportunities for female employees; (2) remedy the effects of Disney’s past and 22 present unlawful employment policies, practices and procedures; (3) eliminate the continuing 23 effects of the discriminatory and retaliatory conduct described herein; 24 25 26 e. Order Disney to initiate and implement systems of assigning, training, compensating and promoting female employees in a non-discriminatory manner; f. Order Disney to establish a task force on equality and fairness to determine the 27 effectiveness of the programs described in (d) and (e), above, which would provide for: 28 (1) monitoring, reporting, and retaining jurisdiction to ensure equal employment opportunity; (2) -18EQUAL PAY CLASS ACTION COMPLAINT 1 2 3 4 5 155 Montgomery Street, Suite 900 San Francisco, CA 94104 Telephone: (415) 986-1400 Facsimile: (415) 986-1474 Attorneys for Plaintiffs and the Proposed Class 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -20EQUAL PAY CLASS ACTION COMPLAINT