Case: EEOC v. Borland Software Corporation

5:05-cv-03979 | U.S. District Court for the Northern District of California

Filed Date: Sept. 30, 2005

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On September 30, 2005, the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against Borland Software Corporation on behalf of a female Vietnamese employee who was being paid less than her white male counterparts. The EEOC brought claims under Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963, seeking its costs and seeking monetary and injunctive relief for the employee.The parties had been participating in settlement negotiations and reached settlement sho…

On September 30, 2005, the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against Borland Software Corporation on behalf of a female Vietnamese employee who was being paid less than her white male counterparts. The EEOC brought claims under Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963, seeking its costs and seeking monetary and injunctive relief for the employee.

The parties had been participating in settlement negotiations and reached settlement shortly after the case was filed. The Court entered the agreement as a Consent Decree on October 19, 2005. The 3-year decree provided monetary and injunctive relief. Borland agreed not to discriminate or engage in practices that cause a disparate impact, not to retaliate against the employee, to provide EEO and diversity training to the employee's supervisors and relevant Human Resources representatives, and to notify the EEOC of the training's completion. Borland was required to pay the employee $66,500 for backpay damages and $13,500 for uncovered expenses. The employee's salary was raised from $100,000 to $110,000. No further court involvement appears on the docket and the case is now closed.

Summary Authors

Kenneth Gray (7/15/2013)

Documents in the Clearinghouse

Document

5:05-cv-03979

Docket [PACER]

EEOC v. Borland Software Corporation

Oct. 23, 2006

Oct. 23, 2006

Docket
1

5:05-cv-03979

Complaint

EEOC v. Borland Software Corporation

Sept. 30, 2005

Sept. 30, 2005

Complaint
7

5:05-cv-03979

Consent Decree

EEOC v. Borland Software Corporation

Oct. 19, 2005

Oct. 19, 2005

Settlement Agreement

5:05-cv-03979

EEOC Litigation Settlement Report (October 2005)

Oct. 31, 2005

Oct. 31, 2005

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5733578/equal-employment-opportunity-commission-v-borland-software-corporation/

Last updated Aug. 1, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Fee Waived) Summons Issued); jury demand; against Borland Software Corporation. Filed byEqual Employment Opportunity Commission. (bw, COURT STAFF) (Filed on 9/30/2005) Additional attachment(s) added on 10/4/2005 (bw, COURT STAFF). (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

2

ADR SCHEDULING ORDER: Case Management Statement due by 1/24/2006. Case Management Conference set for 1/31/2006 01:30 PM. (Attachments: # 1 Standing Order)(bw, COURT STAFF) (Filed on 9/30/2005) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

Summons Issued as to Borland Software Corporation. (bw, COURT STAFF) (Filed on 9/30/2005) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 9/30/2005) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

3

NOTICE of Appearance by Evangelina Patricia Hernandez (Hernandez, Evangelina) (Filed on 10/6/2005) (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

4

Proposed Order Consent Decree by Equal Employment Opportunity Commission. (Hernandez, Evangelina) (Filed on 10/11/2005) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

5

CONSENT to Proceed Before a US Magistrate Judge by Borland Software Corporation.. (bw, COURT STAFF) (Filed on 10/14/2005) Additional attachment(s) added on 10/14/2005 (bw, COURT STAFF). (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

6

CONSENT to Proceed Before a US Magistrate Judge by Equal Employment Opportunity Commission.. (Hernandez, Evangelina) (Filed on 10/17/2005) (Entered: 10/17/2005)

Oct. 17, 2005

Oct. 17, 2005

7

CONSENT DECREE and ORDER. Signed by Magistrate Judge Howard R. Lloyd on 10/19/05. (hrllc1, COURT STAFF) (Filed on 10/19/2005)

Oct. 19, 2005

Oct. 19, 2005

RECAP

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2005

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a female Vietnamese software employee

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Borland Software Corporation, Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Unknown

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $80,000

Order Duration: 2005 - 2008

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Provide antidiscrimination training

Recordkeeping

Reporting

Issues

General:

Disparate Impact

Record-keeping

Records Disclosure

Retaliation

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits