The U.s. District Court for the Northern County of California rejected a complaint filed against Sony the year before alleging “pay discrepancy, unfair dismissal, as well as numerous examples of gender-based prejudice.” Axios reports that a judgment issued last week allowed PlayStation’s “move to reject,” with the most crucial piece stating:
What Was The Motion?
The plaintiff’s first amended complaint (FAC) has thirteen claims: one collective claim on behalf of herself and a nationwide class under the Fair Labor Standards Act (FLSA) as amended by the Equal Pay Act; six state-law class claims on behalf of herself and a California class; one claim on behalf of herself and both classes under the Declaratory Judgment Act, 28 U.S.C. § 2201; and five individual claims under state law.
A panel has thrown down PlayStation’s gender bias complaint.Sony moved to dismiss the FAC under Federal Rule of Civil Procedure 12(b)(6), mainly on the ground that the plaintiff alleges only unactionable run-of-the-mill personnel activity and thus does not plausibly plead claims. It also moved to strike the claims under Rule 12(f) on the ground that the allegations are “highly individual” and do not establish that a class or collective action is procedurally proper.
The court grants the motion to dismiss (with leave to amend) for most claims because the allegations are mostly conclusory, but the following individual claims survive statutory and common-law wrongful termination, whistleblower retaliation under Cal. Lab. Code § 1102.5(b), and retaliation under the California Fair Employment and Housing Act (FEHA). Because the court dismisses the federal claim, though, it does not have jurisdiction over the state claims and so dismisses all claims. The court denies the motion to strike without prejudice because it is premature to decide it based on an inadequately pled complaint.
According to this judicial ruling, Emma Majoin failed to properly clarify her charges in several situations, with the finding that “the claimant only enumerated the contents of the lawsuit but could not offer evidence for any of the claimed facts,” while in another that her assertions also weren’t “feasibly substantiated.”
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Nevertheless, there seems to be no solution in sight to this tragedy. Almost all of PlayStation’s 13 cases were rejected, but 3 of them remain unresolved, and eight new female testimonies would assist prolong this debate.
