Google job applicants filed suit alleging discrimination based on gender, race, and political views. The plaintiffs in the suit claim Google had a clear pattern of hiring white or Asian men with particular political views (or perceived political views). In response to the lawsuit, Google filed three motions in an attempt to squash the legal action: a motion to dismiss, a motion to strike, and a motion for judgment on the pleadings.
The Superior Court Judge in Santa Clara took apart each of the arguments in a written order (nine pages long) and concluding by apologizing to Google and advising them that they would have to face the charges in court.
Plaintiffs counsel will need to negotiate with Google over the discovery plan and start getting documents from them related to the plaintiffs’ request to certify class.
The Defendant, Google, claims they lack the ability to discriminate against job applicants based on political views or activities. They argued that hundreds of thousands or even millions of people have applied to work at Google during the five years proposed as a class period, and they could not reasonably be expected to go through them all. They argued that even if they could go through them all, they couldn’t possibly define who is a conservative and who is not. Counsel for the plaintiff argued that Google’s argument was similar to arguments made decades ago when issues of discrimination against women were brought up in court. Concepts of gender and race are the basis for a large portion of discrimination cases, yet in the modern workplace, these concepts are more fluid than ever, yet the legislature actively protects them against discrimination, leaving it to the court to resolve the issue.
Plaintiffs’ counsel also made sure to note that according to Google insiders, the massive tech company reviews the personal data of job applicants using its own collection of user data. They even refer to an individual’s fitness to be a Google employee as the x-factor of “Googliness.”
If you have experienced discrimination in the workplace or during the hiring process, please don’t hesitate. The experienced employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP can help. With convenient locations in San Diego, San Francisco, Sacramento, Santa Clara, Los Angeles, Riverside, Orange, and Chicago, we are ready to be your advocate and seek justice for unfair working conditions.