Filed Date: Sept. 30, 2005
Closed Date: 2005
Clearinghouse coding complete
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)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5733578/parties/equal-employment-opportunity-commission-v-borland-software-corporation/
Lloyd, Howard R (California)
See docket on RECAP: https://www.courtlistener.com/docket/5733578/equal-employment-opportunity-commission-v-borland-software-corporation/
Last updated April 18, 2025, 8:51 a.m.
State / Territory: California
Case Type(s):
Special Collection(s):
IWPR/Wage Project Consent Decree Study
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):
Attorney Organizations:
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
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Develop anti-discrimination policy
Provide antidiscrimination training
Amount Defendant Pays: $80,000
Order Duration: 2005 - 2008
Issues
General/Misc.:
Discrimination Area:
Discrimination Basis:
Affected Sex/Gender(s):
EEOC-centric: