Portland, Oregon — Nike and attorneys representing plaintiffs in a significant sex discrimination case are requesting additional time to finalize a class action settlement for the third time. The parties had previously reached a tentative agreement in February, just before a trial was set to commence.
Originally, the court had given the parties until April to report on their progress in solidifying the settlement. Subsequently, that deadline was extended to May 16, then to June 6. On Friday, the two sides again approached the court, asking for an extension to August 20. In a joint filing, they indicated that “several material terms remain pending,” necessitating more time for negotiation.
Despite these requests for extensions, there have been signs of advancement in resolving some issues. Late May marked the settlement of a separate motion concerning attorney’s fees requested by Nike. The company had sought nearly $800,000 from the plaintiffs’ lead law firm, Markowitz Herbold, related to a disclosure of records from the lawsuit to a reporter, a matter that escalated to the 9th U.S. Circuit Court of Appeals.
The lawsuit, initiated in August 2018, accuses Nike of perpetuating a workplace environment where women are undervalued, underpaid, and passed over for promotions. Nike has persistently contested these allegations, asserting that they do not reflect the company’s practices.
Separate agreements have already been reached with the four named plaintiffs in the suit, although details of those settlements remain undisclosed. Included in the earlier arrangements is a clause allowing other current or former Nike employees, who may be similarly affected, to join the class action settlement.
The terms of the proposed class have not been made public. Before a judge rejected a prior attempt to convert the lawsuit into a class action, attorneys had aimed to certify a class of over 5,000 women who had worked for the company.
During a hearing in February, a lawyer for the plaintiffs noted that finalizing the class settlement would be a lengthy process, which involves notifying potential class members, holding a hearing, and ultimately obtaining court approval.
This prolonged settlement process highlights the complexities often involved in class action lawsuits, particularly those concerning issues of workplace equality and systemic discrimination.
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