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Singleton et al. vs. UC Regents and Bruce Tarter LLNL, Director
In December, 1998, six women
representing scientists, as well as professional and technical female employees
of the Lawrence Livermore National Laboratory filed a class-action
sex-discrimination lawsuit against their employer, the Regents of the
University of California. The class in the case has been certified to include
all women employed in administrative, executive, and clerical classifications,
or as scientists, engineers, technologists and technicians.
The action was filed in State
Court under California laws which prohibit discrimination in employment and
which guarantee equal pay for equal work. Plaintiffs in the class action seek
back pay, punitive damages, and injunctive relief stemming from the
defendants’ continuing unlawful business practice of sex discrimination.
(For more details,
see Spring 2001 Newsletter.)
In the past six months, both sides
in the case have taken a number of depositions. Plaintiffs’ attorneys
have deposed both the current director, Bruce Tarter, and the past director,
John Nuckolls, as well as several associate directors, personnel managers,
compensation specialists and affirmative action experts from LLNL. Throughout
these depositions defense attorneys have instructed their clients not to answer
questions related to equity studies carried out for the Laboratory by the
Compensation Division from 1993 forward. The Laboratory claims that this
information is not discoverable on the basis that it is attorney client
privileged.
Plaintiffs’ attorneys filed
a motion to compel with the court asking to have LLNL produce the studies and
to allow plaintiffs’ attorneys to ask questions of Laboratory managers
about these studies. In July Judge Sabraw granted the motion and ordered the
Laboratory to hand over the documents to plaintiffs’ attorneys. However,
the Laboratory has appealed this decision. To check on its progress at the
court’s Web site
www.appellatecases.courtinfo.ca.gov, search for case number 8072331.
Many of the scheduled depositions
of Laboratory managers have been postponed until the appeals court makes its
decision. However, the depositions of plaintiffs by the Laboratory’s
attorneys are proceeding at this time. The trial date is set for September 9,
2002.
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