Google Agrees to a Proposed $22 Million Settlement in Gender and Race Discrimination Suit

Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin.  To establish a prima facie case of discrimination, an employee must show that: (1) he/she is a member of a protected class, (2) met the employer’s legitimate job expectations, (3) suffered an adverse employment action, and (4) another similarly situated employee outside the protected class received better treatment.  If the employee can demonstrate these four elements, then the burden shifts to the employer to show that there was a legitimate, non-discriminatory reason for the adverse employment action.  If the employer presents evidence of a legitimate, non-discriminatory reason for the employment action, the employee has an opportunity to argue that the employer’s explanation is inaccurate and masks the true discriminatory motive.

In Haggan v. Google LLC, N.Y. Sup. Ct., No. 518739/2022, a proposed settlement has been filed with the Court where Google agrees to pay $22 million to resolve allegations that Google violated Title VII.  According to the complaint filed in New York State Court, Google employees alleged that Google systematically discriminated against women and employees of color by assigning them lower job levels upon hire.  The lawsuit proposed two classes: (1) Gender Class, composed of all females at Google that hold or have held a Level 3-7 role in New York from October 15, 2014, through the Court’s preliminary approval of the settlement; and (2) Race Class, composed of all persons identified in Google’s record as Black/African American that hold or have held a Level 3-7 role in Google’s New York location and/or Native Americans that hold or have held a Level 3-7 role in Google’s New York location from October 15, 2015 through the Court’s preliminary approval of the settlement.

If the settlement is approved, funds will be allocated appropriately to the class members that have not opted out.  The settlement also affords programmatic relief where Google will retain consulting experts to examine the “leveling” of employees.  Finally, if approved, the settlement will also require Google to continually monitor compliance pursuant to the terms of the agreement.  

Employees who believe they have been discriminated against at the workplace should seek legal counsel as soon as possible to understand their rights and determine whether they have a claim.