Preview
FILED
Superior Court of Californi
a
County of Los Angeles
Lori E. Andrus (SBN 205816)
lori andrusanderson.com
Jennie Lee Anderson (SBN 203586) APR 15 2021
jennie@andrusanderson.com She tri R. Carter; by, ecutiv
ANDRUS ANDERSON LLP e Officer/Clerk
155 Montgomery Street, Suite 900 » Deputy
San Francisco, CA 94104
Telephone: (415) 986-1400
Facsimile: (415) 986-1474
Attorneys for Plaintiffs, the Proposed Class
and the Aggrieved Employees
SUPERIOR COURT OF THE STATE OF CALIFORNIA
LOS ANGELES COUNTY
10
LARONDA RASMUSSEN, KAREN MOORE, Case No. 19STCV10974
1 VIRGINIA EADY-MARSHALL, ENNY JOO,
REBECCA TRAIN, AMY HUTCHINS, CORRECTED FOURTH AMENDED
12 NANCY DOLAN, ANABEL PAREJA SINN, COMPLAINT
DAWN JOHNSON, and CHELSEA HANKE
13 on behalf of themselves and all others similarly CLASS ACTION
situated and aggrieved,
14 Plaintiffs, DEMAND FOR JURY TRIAL
VS.
15
THE WALT DISNEY COMPANY, WALT
16 DISNEY PICTURES, HOLLYWOOD
RECORDS, INC., WALT DISNEY DIRECT-
17 TO-CONSUMER & INTERNATIONAL,
DISNEY CONTENT SALES, LLC, BUENA
18 VISTA HOME ENTERTAINMENT, INC.,
WALT DISNEY PARKS AND RESORTS
a). 19 U.S., INC., WALT DISNEY IMAGINEERING
RESEARCH & DEVELOPMENT, INC.,
20 AMERICAN BROADCASTING
COMPANIES, INC., TWDC ENTERPRISES
21 18 CORP., and DOES 2-100,
Defendants.
Lid 22
When it comes to paying women fairly, The Walt Distey Company,! nearing its 100th
23
year, is woefully behind the times. While claiming that “[iJrclusion is a critical part of telling
24
' Except where appropriate, Defendants The Walt Disney Company, Walt Disney Pictures,
25 Hollywood Records, Inc., Walt Disney Direct-To-Consumer & International, Disney Content
26 Sales, LLC, Buena Vista Home Entertainment, Inc., Walt Disney Imagineering Research &
Development, Inc., Walt Disney Parks and Resorts U.S., Inc., American Broadcasting
27 Companies, Inc., and TWDC Enterprises 18 Corp. are referred to collectively as “Disney.”
? Disney Brothers Cartoon Studio, which would become The Walt Disney Company, was created
28 in 1923. See https://www.thewaltdisneycompany.com/about/ (last visited March 22, 2019).
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CORRECTED FOURTH AMENDED COMPLAINT
93
the best stories, being relevant, and expanding audiences, Disney stubbornly refuses to pay its
women employees equal to men doing the same work. In many instances, Disney is paying
women workers tens of thousands of dollars less than their male counterparts.
The gender pay gap is not simply a “women’s issue,” it is an economic issue that impacts our
entire state: California women make, on average, about 89 cents for every dollar their male
counterparts make, costing the state’s economy $78 billion dollars a year.*
Some companies are tackling the wage gap with real action. Since April 2019, nearly 40 major
California employers, including Apple, Uber, AirBnB, Intel, Cisco, Salesforce, and Gap, have signed
on to the California Pay Equity Pledge.*° For good reason: as the California Commission on the Status
10 of Women and Girls explains: “A company’s good reputation makes it easier to attract consumers, and
07
11 recruit and retain employees in today’s competitive and informed workforce.
12 Rather than resist reform, the companies that have signed the pledge have all agreed to conduct
13 annual, company-wide salary audits, among other things, to ensure compliance with California’s Equal
14 Pay Act, the strongest in the country. Pay equity is achievable — even in a giant company® — so long as
15 its Senior Executives recognize the desirability of eliminating discriminatory pay practices.
16 Plaintiffs LaRonda Rasmussen, Karen Moore, Ginia Eady-Marshall, Enny Joo, Rebecca Train,
17 Amy Hutchins, Nancy Dolan, Anabel Pareja Sinn, Dawn Johnson, and Chelsea Hanke—all valuable
18 and high-performing Disney employees and former employees—bring this lawsuit to address the
19 rampant gender pay discrimination at Disney. Because Disney’s pay practices negatively affect their
20 female co-workers throughout the state, Plaintiffs bring this case as a class action.
21 Together, they hope to force Disney to live up to the lofty ideals it promises, like this one: “At
22
3 “Diversity & Inclusion Commitment” https://bit.ly/2FRJUV8 (last visited July 4, 2019).
23 4 See https://www.mercurynews.com/2019/07/02/uber-intel-cisco-gap-join-california-equal-pay-
ampaign/ (last visited July 4, 2019).
24 5 See https://www.sfchronicle.com/politics/article/Jennifer-Siebel-Newsom-leans-in-to-power-as-
15000045.php (last visited January 28, 2020).
25 ® See https://women.ca.gov/payequitypledge/ (last visited July 4, 2019).
26 7 See https://women.ca.gov/californiapayequity/employers-resources/ (last visited July 4, 2019).
8 See https://www.mercurynews.com/2019/07/02/uber-intel-cisco-gap-join-california-equal-pay-
27 ampaign/ (“At least a few of the companies that have signed onto the campaign had previously
announced that they had achieved pay parity, such as Apple (in 2016), Intel (in 2016, and globally
28 in January) and Salesforce (in 2015).”)
23
CORRECTED FOURTH AMENDED COMPLAINT
Disney, we strive to include and attract individuals who reflect the diverse world in which we live. We
also seek to ensure that our workplace is inclusive and provides the opportunity for all of our people to
1%
contribute and develop to their full potentia Without pay equity, Disney’s women workers will
never develop to their full potential.
In support of their claims, upon knowledge and information and belief, Plaintiffs allege:
INTRODUCTION
1 The Walt Disney Company is the world’s largest media company.'° As explained
in its 2018 Annual Report,'! “The Walt Disney Company, together with its subsidiaries, is a
diversified worldwide entertainment company with operations in four business segments: Media
10 Networks, Parks and Resorts, Studio Entertainment, and Consumer Products & Interactive
ll Media.”
12 2 Many thousands of people, and thousands of women, work for Disney in
13 California. Although they work in different capacities, and in different divisions, and
14 departments, they are all overseen by Disney Global Human Resources Operations, and they are
15 all subject to the same compensation and other human resource policies that are the focus of this
16 litigation.
17 3 Over the 12 years Ms. Rasmussen has worked for Disney, she has come to
18 understand that, across all of its business segments and at all levels of the company, Disney
19 routinely underpays its female employees, passes them over for promotion, piles on extra work
20 without additional compensation, and does not supply sufficient support staffto allow women to
21 succeed at their jobs. Based on Ms. Rasmussen’s extensive experience—and after her efforts to
22 resolve her complaints internally were unsuccessful—she was left with little choice but to
23
° See https://www.thewaltdisneycompany.com/the-walt-disney-company-recognized-for-
24 diversity-leadership/ (last visited July 4, 2019).
10 See https://www.thewaltdisneycompany.com/about/ (last visited March 22, 2019). Through
25
June 2019, Disney grossed a staggering $2.03 billion dollars, far ahead of any competitor. See
26 https://www.buzzfeednews.com/article/adambvary/disney-hollywood-20th-century-fox-marvel-
outlook (last visited July 5, 2019). “The next highest studios this year, Warner Bros. and
27 Universal, haven’t made even half that amount.” Id.
"| Available at: https://www.thewaltdisneycompany.com/wp-content/uploads/2019/01/2018-
28 Annual-Report.pdf (last visited March 22, 2019).
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CORRECTED FOURTH AMENDED COMPLAINT
conclude that Disney simply values its male employees greater than its female employees. Even
if Disney’s devaluation of women’s work is not intentional, it is against the law.
4 As such, on behalf of the Class defined below, and the aggrieved employees, she
and the other Plaintiffs seek all legal and equitable relief available under the California Equal Pay
Act, California Labor Code § 1197.5; California Labor Code §§ 201-203; California Labor Code
§ 210, the Fair Employment and Housing Act, California Government Code § 12900, et seq.,
California Labor Code § 232, California Business & Professions Code § 17200, et seq.; and the
California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.
PARTIES
10 5 Plaintiff LaRonda Rasmussen is a bi-racial woman over the age of eighteen. She
ll resides in Valley Village, California. She works for Disney in Glendale, California.
12 6 Plaintiff Karen Moore is a woman of color over the age of eighteen. She resides in
13 Sherman Oaks, California. She works for Disney in Burbank, California.
7
14 Plaintiff Virginia Eady-Marshall is an Asian American woman over the age of
15 eighteen. She resides in Burbank, California. She works for Disney in Burbank, California.
16 8 Plaintiff Enny Joo is a woman of color over the age of eighteen. She resides in
17 Los Angeles, California. She works for Disney in Burbank, California.
18 9 Plaintiff Rebecca Train is a woman over the age of eighteen. She resides in
19 Glendale, California. She works for Disney in Glendale, California.
20 10. Plaintiff Amy Hutchins is a woman over the age of eighteen. She resides in
21 Burbank, California. She previously worked for Disney in Burbank, California.
22 i Plaintiff Nancy Dolan is a woman over the age of eighteen. She resides in Los
23 Angeles, California. She works for Disney in Burbank, California.
24 Plaintiff Anabel Pareja Sinn is a Hispanic woman over the age of eighteen. She resides in Los
25 Angeles, California. She previously worked for Disney in Burbank, California.
26 12. Plaintiff Dawn Johnson (also known as Dawn Wisner-Johnson) is a woman over
27 the age of eighteen. She resides in Cedarpines Park, California. She previously worked for
28 Disney in Burbank, California.
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CORRECTED FOURTH AMENDED COMPLAINT
13% Plaintiff Chelsea Hanke (nee Mielke) is a woman over the age of eighteen. She
resides in Sylmar, California. She works for Disney in Burbank, California.
14. Defendant The Walt Disney Company is incorporated in Delaware, and is
registered with the California Secretary of State. The Walt Disney Company’s principal place of
business is in Burbank, California. The Walt Disney Company is, or was, an employer of each of
the named Plaintiffs.!2
15s Defendant Walt Disney Pictures is incorporated in California, and is registered
with the California Secretary of State. Walt Disney Pictures’ principal place ofbusiness is in
Burbank, California.
10 16. Defendant Hollywood Records, Inc. is incorporated in California, and is registered
ll with the California Secretary of State. Hollywood Records, Inc.’s principal place of business is in
12; Burbank, California.
13 ie Defendant Walt Disney Direct-to-Consumer and International is incorporated in
14 California, and is registered with the California Secretary of State. Defendant Walt Disney
15 Direct-to-Consumer and International’s principal place of business is in Burbank, California.
16 18. Defendant Disney Content Sales, LLC is incorporated in Delaware, and is
17 registered with the California Secretary of State. Disney Content Sales, LLC’s principal place of
18 business is in Burbank, California.
19 19. Buena Vista Home Entertainment, Inc. (commonly known as Walt Disney Studios
20 Home Entertainment) is incorporated in California, and is registered with the California Secretary
21 of State. Buena Vista Home Entertainment, Inc.’s principal place of business is in Burbank,
22 California.
23 i
24
" Throughout its Annual Financial Reports (Form 10-K), The Walt Disney Company refers to
25 “our employees.” “The Walt Disney Company and Affiliated Companies Standards of Business
26 Conduct” and “The Walt Disney Company and Affiliated Companies Employee Policy Manual”
apply to all Disney employees, and the Introductions of both of those documents are signed by
27 Robert A. Iger, President and Chief Operating Officer of The Walt Disney Company. When
defining itself in communications to its employees, Disney refers to “The Walt Disney Company
28 and Affiliated Companies” as “the company.”
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CORRECTED FOURTH AMENDED COMPLAINT
20. Defendant Walt Disney Parks and Resorts U.S., Inc. is incorporated in Florida, and
is registered with the California Secretary of State. Defendant Walt Disney Parks and Resorts
USS., Inc.’s principal executive office is in Lake Buena Vista, Florida, and its principal place of
business in California is in Anaheim.
21. Defendant Walt Disney Imagineering Research & Development, Inc. is
incorporated in Delaware, and is registered with the California Secretary of State. Walt Disney
Imagineering Research & Development, Inc.’s principal place of business is in Glendale,
California.
22; Defendant American Broadcasting Companies, Inc. is incorporated in New York,
10 and is registered with the California Secretary of State. Defendant American Broadcasting
11 Companies, Inc. maintains its principal place of business in California in Anaheim. Defendant
12 American Broadcasting Companies, Inc. is a subsidiary of The Walt Disney Company.
13 238 Defendant TWDC Enterprises 18 Corp. is incorporated in Delaware, and is
14 registered with the California Secretary of State. Defendant TWDC Enterprises 18 Corp.
15 maintains its principal place of business in Burbank.
16 24. The true names of Defendants sued as Does 2-100 are unknown to Plaintiffs. They
17 are sued pursuant to California Code ofCivil Procedure section 474.
18 25; Each of the fictitiously-named Doe Defendants is responsible in some manner for
19 the conduct alleged herein, including, without limitation, by way of conspiracy, aiding, abetting,
20 furnishing the means for, and/or acting in capacities that create agency, respondeat superior,
21 and/or predecessor- or successor-in-interest relationships with the other Defendants.
22, 26. Plaintiffs may seek to amend these pleadings as the identities of the Doe
23 Defendants are discovered, and to add additional facts and/or legal theories.
24 JURISDICTION AND VENUE
2 21: This Court has jurisdiction over this matter because The Walt Disney Company,
26 Walt Disney Pictures, Hollywood Records, Inc., Walt Disney Direct-to-Consumer and
27 International, Disney Content Sales, LLC, Buena Vista Home Entertainment, Inc., Walt Disney
28 Parks and Resorts U.S., Inc., Walt Disney Imagineering Research & Development, Inc.,
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CORRECTED FOURTH AMENDED COMPLAINT
American Broadcasting Companies, Inc., and TWDC Enterprises 18 Corp. maintain offices in
California, are licensed to do business in California, regularly conduct business in California, and
committed and continue to commit the unlawful acts alleged herein in California.
28. Venue is proper in this Court pursuant to California Code of Civil Procedure
section 395.5 because: a) many Class members work, or have worked in this county and, as such,
liability arises in this county; and b) several of Defendants maintain their principal places of
business in this county.
FACTUAL ALLEGATIONS
Plaintiff Rasmussen’s Background at Disney
10 20) LaRonda Rasmussen obtained her B.S. in Accounting from California State
1 University, Northridge. After graduating, she worked for NBC Universal for several years.
12 30. In February 2008, she was hired by Disney as a “Senior Financial Analyst.”'> Her
13 job application requested information about her prior salary, which she provided. Her starting
14 salary at Disney was set at $70,000.
15 31. Ms. Rasmussen has worked extremely hard for Disney for more than a decade.
16 She regularly works on weekends, delivers what is required of the job, and is dedicated to
17 Disney’s mission. She enjoys her job tremendously, and considers herselfa true team player.
18 She routinely receives positive performance reviews from her supervisors. From time to time,
19 she has been rewarded with raises and bonuses.
20 325 Despite Ms. Rasmussen’s clear devotion to her employer, and her exemplary
2A performance, Disney discriminates against her on account of her gender, paying her far less than
22, her male counterparts even though she is doing the same or substantially similar work as them
23
24
'3 Like all of the named Plaintiffs, Ms. Rasmussen has multiple employers in her position at
25, Disney. Her offer letter was on The Walt Disney Company letterhead, and was signed by a
26 “Heather Artingstall, Staffing Consultant, Talent Acquisition, The Walt Disney Company.” Her
2017 pay adjustment form was completed by “Disney Global HR Operations.” Her paystub
27 indicates that she is paid by Walt Disney Pictures. Like all of Disney’s employees, Ms.
Rasmussen’s performance evaluations are recorded on a form that has “[Disney’s “D” graphic
28 logo] Achieve” embossed at the top.
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CORRECTED FOURTH AMENDED COMPLAINT
when viewed as a composite of skill, effort and responsibility, and performed under similar
working conditions.
Plaintiff Rasmussen Raises Concerns with Disney Human Resources
33; In 2017, Ms. Rasmussen raised the issue of unfair pay with Disney’s Human
Resources department (“Disney HR”). She explained that she believed that she was earning less
than men performing the same (or substantially similar) job duties, and asked for a desk audit to
determine whether her job responsibilities were aligned with her title.
34, At the time, Ms. Rasmussen’s base salary was $109,958.
35, Each of the six men holding the same title as her (“Manager, Product
10 Development”) in 2017 had a much higher base salary.
11 > The lowest-paid male Manager received $16,000+ more in base salary than
12 Plaintiff Rasmussen.
13; The highest-paid male Manager was paid almost $40,000 more than her.
14 When comparing the average base salary of male Managers, Plaintiff Rasmussen
15 was shortchanged more than $26,000.
16 One recently-hired male Manager—with several years less experience than
17 Plaintiff Rasmussen—was paid $20,000+ more.
18 36. Likewise, each of the six men holding the title “Senior Manager, Product
19 Development” in 2017 was paid significantly more than Ms. Rasmussen, even though she was
20 doing the same or substantially similar work as them.
21 > The lowest-paid male Senior Manager received $26,000+ more in base salary than
22: Plaintiff Rasmussen.
23 > The highest-paid male Senior Manager was paid more than $64,000 more than
24 her.
25 > When comparing the average base salary of male Senior Managers, Plaintiff
26 Rasmussen was shortchanged nearly $50,000.
27
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CORRECTED FOURTH AMENDED COMPLAINT
Disney’s Response
375 Five months after Ms. Rasmussen asked Disney to consider whether she was being
paid equally, Disney HR informed her that the amount of her pay “was not due to gender.”
38. Even still, in November 2017, Disney raised Ms. Rasmussen’s salary by $25,000
(approximately 23% of her base salary, but still only bringing her to the low end of the range of
salaries earned by Managers), claiming that the increase was due to an evaluation of “market
forces.” That explanation was contradicted by Disney’s own records, which show that the “pay
reason” assigned by Disney HR to the pay raise was: “equity adjustment.”
32, As of August 2018 (a year after she received a raise):
10 > When compared to the average salary of male Managers, Ms. Rasmussen was paid
11 $5,270 less. When compared to the average salary of male Senior Managers, Ms.
12 Rasmussen was paid approximately $34,000 less.
13 Plaintiff Rasmussen’s Performance History
14 40. Plaintiff Rasmussen has always received positive comments in her performance
5; evaluations, typically being graded “Right on Track” and “Moving Ahead.” Some of the glowing
16 comments Ms. Rasmussen’s supervisors have made over the years include:
17 > “She understands the Music Labels business very well and she has done a good job
18 of implementing changes and managing their support for the forecast.”
19 She did an excellent
job of working with the Music Publishing site and the team to
20 design a more simplified model. This is to date one of our most successful
21 projects since go-live.”
22 “LaRonda is building a good relationship with our main user from Pixar.”
23 “LaRonda will work extremely long hours and will never complain when we have
24 a deadline.”
25 “LaRonda has contributed immensely to the team during 2011.”
26 “LaRonda performed at a very high level this year. She has exceeded my
27 expectations on several occasions. She is truly a team player, she will work long
28 hours when required and she is extremely focused on improvements. She is calm
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CORRECTED FOURTH AMENDED COMPLAINT
under pressure, is assertive when required and she partners well. I would like to
recommend LaRonda to be promoted to Project Manager this year [(2011)] as I
believe she is performing at that level.”
“LaRonda has had a very successful year and has transitioned extremely well into
her role as a Project Manager.”
“She is extremely detail oriented, questions everything, has excellent process
knowledge and is methodical. She always earns the respect of the business
community extremely fast. She is now building a strong reputation within the IT
team.”
10 “She has also shown herselfto be a very good presenter. She presented at several
11 critical meetings this years [sic] and she showed tremendous poise and
12 professionalism.”
13 “In 2015, LaRonda grew upon the successful engagement she has built over the
14 last 2 years and maintained her trusted partnership with the music royalties and
15 accounting team.”
16 “LaRonda starts with yes and her can-do willingness to take on challenging work
17 is infectious with the larger team. She is transparent and willing to confront
18 difficult issues.”
19 Disney Underpays Other Women Employees
20 41. Plaintiff Rasmussen is not alone in being treated as cheap labor at Disney; other
21 women employees are also underpaid by Disney.
22 42. Another female Manager was given the work of a Senior Manager, but was not
23 given a promotion for taking on extra responsibilities.
24 43. At the same time that Ms. Rasmussen received an “equity adjustment” in her
25 salary, a female Senior Manager also received a 26.6% raise and another female Manager
26 received a 27.7% raise, suggesting that Disney recognized the pay disparity was widespread.
Da: //
28 //
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44. Plaintiff Karen Moore is a Senior Copyright Admin Administrator within the
Disney Music Group and a 23-year employee ofDisney.'*
45. Within the Class period, Ms. Moore inquired about an open position for
“Manager,” but she was discouraged from applying. Later, the job was converted into a “Senior
Manager” position and eventually a man was placed in that spot. On information and belief, he is
making significantly more than Ms. Moore, even though they are both performing the same or
substantially similar work when viewed as a composite of skill, effort and responsibility, and
performed under similar working conditions. Ms. Moore has been kept in her current role,
despite the fact that her supervisors have long recognized her “expert knowledge” as
10 “instrumental” to the department.
ll 46. On information and belief, Disney is discriminating against Ms. Moore on account
12 of her gender, paying her far less than her male counterparts even though she is doing the same or
13 substantially similar work as them when viewed as a composite of skill, effort and responsibility,
14 and performed under similar working conditions.
15 47, Plaintiff Ginia Eady-Marshall is a Senior Manager for Disney Music Publishing,
16 and has worked for Disney for a total of more than 15 years.'°
17 48. In 2013, Ms. Eady-Marshall was promoted to Manager, assuming the
18 responsibility of overseeing Music Research. That position had previously been occupied by a
19 man, who held the (higher) title of Director. Ms. Eady-Marshall performs the same or
20 substantially similar job duties than him, but has not been given the title of Director, or the
21
22
'4 Ms. Moore has multiple employers in her position with Disney. Her paycheck shows that she
23 is paid by Hollywood Records, Inc. Her performance evaluation lists her “business organization”
as “SE-DMG-CA Copyright Administration” (Disney Music Group). Her performance
24 evaluations are recorded on a form that has “[Disney’s “D” graphic logo] Achieve” embossed at
the top. Her work email address ends with “@disney.com.”
25 'S Ms. Eady-Marshall has multiple employers in her position with Disney. Her paycheck shows
26 that she is paid by Hollywood Records, Inc. Her performance evaluations are recorded on a form
that has “[Disney’s “D” graphic logo] Achieve” embossed at the top. Her performance evaluation
27 lists her “business organization” as “SE-DMG-CA Music Research” (Disney Music Group). Her
2015 “Promotion Questionnaire” has The Walt Disney Studios embossed at the top of the first
28 page. Her work email address ends with “@disney.com.”
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CORRECTED FOURTH AMENDED COMPLAINT
commensurate salary. Adding insult to injury, Ms. Eady-Marshall is expected to, and does, run
the department with one less staff member than her male predecessor had.
49. Ms. Eady-Marshall’s supervisors acknowledge that she has been doing the work of
a Director for years, with one of them stating in her 2015 Promotion Questionnaire: “The job
responsibilities of Ginia’s position are consistent with those responsibilities performed by ...
Senior Managers and one Director.” Despite this acknowledgement, Disney refuses to give her
the title of Director, instead promoting her to Senior Manager.'®
50. In 2016, Ms. Eady-Marshall learned that she was earning $25,000 less than the
low end of the range for her title of Senior Manager (and that men with the same title were
10 earning within the range). When she raised the issue with Disney HR, they gave her a $25,000
11 raise, bringing her just to the bottom end of the range. Disney did not pay her for any back pay at
12 the time, and has, to this day, refused to increase her title and salary to the appropriate level.
13 Se Ms. Eady-Marshall has consistently received laudatory performance evaluations
14 over the years, though she has had to deal with inadequate staffing and steady workload increases.
15 Some of the comments her supervisors and colleagues have made include:
16 > “Superb organizational ability, meticulous attention to detail, excellent written/oral
17 communication skills, team player (with proven ability to collaborate to achieve
18 team goals), initiative-taker, multi-tasker, strong analytical and critical thinking
19 abilities (including a proven ability to train subordinates), and reliable and
20 dedicated work ethic with an ability to efficiently manage a heavy workload.”
21 “[S]he has one of the most difficult and important jobs in our business. In addition
22 to the sheer volume of shows, the job itselfto review every episode of every show
23 that airs for cue sheet accuracy is an immense undertaking. I don’t think most
24 people understand the enormous responsibility her job entails and I hope this
25 precious resource is not taken for granted. She is so thorough and knowledgeable,
26
'© When she was promoted, Ms. Eady-Marshall was told that she could not be promoted from
aT Manager to Director because she would be skipping a level (Senior Manager). However, the
same year she was promoted, a male colleague was promoted from Manager to Director without
28 ever holding the title of “Senior Manager.”
212:
CORRECTED FOURTH AMENDED COMPLAINT
I can not say enough good things about her... can not imagine finding anyone
who could fill her shoes.”
» “Ginia’s workload has increased at an unprecedented pace.”
» “Ginia also has become the resident subject matter expert.”
52. Historically, Ms. Eady-Marshall has made significantly less than her male
counterparts for the same or substantially similar work, at times more than $25,000 less. On
information and belief, she is still not being fairly compensated. Ms. Eady-Marshall has
repeatedly raised the issue with her superiors and with Disney HR, without redress.
533 Ms. Eady-Marshall is well-respected in the industry, and her reputation as hard-
10 working and effective benefits Disney when she represents the company at industry events.
ll Several of Ms. Eady-Marshall’s colleagues have remarked on the fact that she deserves a much
12 higher title, and commensurate pay, for the level of work that she is doing. At another company,
13 she would undoubtedly hold the title of Director, if not Vice President. But at Disney, she has
14 been held back while her male colleagues have been promoted quickly, sometimes even skipping
15 a level.
16 54, In 2018, fed up with the apparent double-standard for women and men at Disney,
17 Ms. Eady-Marshall expressed that she expected to be compensated (in title and salary) for the
18 Director-level work she is doing, and raised her concerns about unconscious bias. After a review,
19 HR informed her that a title and compensation bump “was not warranted.”
20 55. On information and belief, Disney is discriminating against Ms. Eady-Marshall on
21 account ofher gender, paying her far less than her male counterparts even though she is doing the
22 same or substantially similar work as them when viewed as a composite of skill, effort and
23 responsibility, and performed under similar working conditions.
24 56. Plaintiff Enny Joo has worked for Disney since 1998.'7 When she was first hired,
25 her title was Manager, Creative. In 2000, she was promoted to Director, Creative. Since 2000,
26
'7 Ms. Joo has multiple employers in her position with Disney. Her paycheck shows that she is
27 paid by Hollywood Records, Inc. Her performance evaluations are recorded on a form that has
“[Disney’s “D” graphic logo] Achieve” embossed at the top. Ms. Joo’s 2016 “Performance
28 Connection” evaluation form lists her ‘business unit” as Disney Music Group. Her work email
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CORRECTED FOURTH AMENDED COMPLAINT
she has not been promoted, despite the fact that, in 2017, she was asked to oversee the entire
roster of Hollywood Records’ artists. Acknowledging that “she has risen to head up all creative
campaigns within the Marketing Department at Hollywood Records,” Ms. Joo’s supervisors say
that she plays an “essential” role, which she “excels at.” They also say that she is a “lead voice
for creative” who is “uniquely qualified.”
Se Ms. Joo’s performance evaluations have been consistently excellent. Some
comments made by her supervisors over the years include:
» “She manages to juggle a very heavy, often very taxing workload with grace and
intelligence.”
10 > She is a “real leader,” who is “working at the top of her game.”
11 » “She consistently delivers top-notch solutions, stands up for excellence and
12 courageously defends our brand values.”
13 58. Instead of rewarding Ms. Joo for her exemplary job performance and dedication,
14 Disney expects Ms. Joo to be content with her recently-increased responsibilities, with no
15 promotion or raise to go along with them. Given her new role, Ms. Joo’s title should be Vice
16 President, as was the man’s who performed her job before her. Because Ms. Joo has been held
17 back in terms of her title and pay grade, she is paid significantly less than the male Vice President
18 who preceded her. She is also paid less than other male Vice Presidents tasked with job duties
19 that are the same or substantially similar to hers.
20 39. Ms. Joo has complained about her unfair treatment to her supervisors, to no avail.
21 Despite her long tenure, and exemplary performance reviews, Ms. Joo was told to spend a year
22 “proving” herself, then ask for a promotion and a raise. She did just that, but at the end of the
23, year, she was told that “nothing could be done” about her pay or her title.
24 60. On information and belief, Disney is discriminating against Ms. Joo on account of
25 her gender, paying her far less than her male counterparts even though she is doing the same or
26 Ht
27
28 address ends with “@disney.com.”
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CORRECTED FOURTH AMENDED COMPLAINT
substantially similar work as them when viewed as a composite of skill, effort and responsibility,
and performed under similar working conditions.
6l. Plaintiff Becky Train began working for Disney Imagineering, also known as
“Theme Park Productions,” as a contractor in 2015.'® In 2017, she was converted to a part-
time/hourly employee and in January 2018, she was given a full-time/salaried position. Her title
has always been Media Producer. Ms. Train is aware of at least one other Media Producer, a
man, who was earning more than $10,000 more than she was, though they were doing the exact
same job. Although Ms. Train has only worked for Disney for a few years, her supervisors
recognize her as “instrumental for the project team,” and characterize her as “a strong,
10 knowledgeable, and driven producer.”
11 62. On information and belief, Disney is discriminating against Ms. Train on account
12 of her gender, paying her far less than her male counterparts even though she is doing the same or
13 substantially similar work as them when viewed as a composite of skill, effort and responsibility,
14 and performed under similar working conditions.
15 63. Plaintiff Amy Hutchins worked for Disney’s Direct-To-Consumer business
16 segment for 14 years.'? She held the title of Production Supervisor for more than 10 years,
17 though her supervisor acknowledged that she was doing Producer-level work. Though Ms.
18 Hutchins consistently received good performance reviews (she was “instrumental for the project
19
'8 Ms. Train has multiple employers in her position with Disney. Her paycheck shows that she is
20 paid by Walt Disney Parks and Resorts U.S., Inc. Ms. Train’s performance evaluations are
recorded on a form that has “[Disney’s “D” graphic logo] Achieve” embossed at the top and her
21 2018 performance evaluation refers to her role “in WDI” (Walt Disney Imagineering). Her ID
22, Card says “The Walt Disney Company and Affiliated Companies,” and says “Imagineering
Campus.” Her “Day 1 New Hire Itinerary” is on Walt Disney Imagineering letterhead. Her work
23 email address ends with “@disney.com” and the email signature line of the individual who
offered her the job shows that he is an Executive at Walt Disney Imagineering, though his online
24 Disney profile shows that his “company code” is “WD Parks & Resorts US, Inc.” The recruiter
who assisted with her hiring process has an email signature that indicates she works for “Walt
25 Disney Imagineering — Walt Disney Parks & Resorts.”
26 '° Ms. Hutchins had multiple employers in her position with Disney. Her paycheck shows that
she was paid by Disney Content Sales, LLC. Her online Disney profile categorized her as
DT working for “DTCI-CA Creative” (Direct-to-Consumer & International). Her work email address
ended with “@disney.com,” and her 2015 W-2 showed her employer as Buena Vista Home
28 Entertainment.
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CORRECTED FOURTH AMENDED COMPLAINT
team,” for example), she was passed over for promotion and was stymied in her career trajectory
because of her gender. Ms. Hutchins was tasked with job duties that were the same or
substantially similar to male Production Managers and male Producers, but she was paid
significantly less than them by virtue of the fact that she was been held back in terms of her title
and pay grade.
64. On information and belief, Disney discriminated against Ms. Hutchins on account
of her gender, paying her far less than her male counterparts even though she was doing the same
or substantially similar work as them when viewed as a composite of skill, effort and
responsibility, and performed under similar working conditions.
10 65. Plaintiff Nancy Dolan has worked for Walt Disney Studios Motion Pictures
ll Production for more than eighteen years.” She started out in temporary positions in 2001. A
12 year later, she transitioned into a permanent full-time position, with the title of Assistant to the
13 Senior Vice President of Music Creative & Marketing. As time passed, Ms. Dolan received
14 periodic promotions, from Coordinator, to Senior Coordinator, to Manager. Since January 2015,
15 she has held the title of Senior Manager, Creative Music Marketing.
16 66. For years, Ms. Dolan’s supervisor, the President of Music, has expressed his belief
17 that her job responsibilities are the same as someone several steps above her current title, and that
18 a promotion for her is “long overdue.” Her last three performance reviews have consistently
19 reflected this sentiment:
20 it
21
22 20 Ms. Dolan has multiple employers in her position with Disney. Her paycheck shows that she is
paid by Walt Disney Pictures. Her performance evaluations are recorded on a form that has
23 “[Disney’s “D” graphic logo] Achieve” embossed at the top, and lists her “business organization”
as “SE-WDSMPP-CA” (Walt Disney Studios Motion Picture Production). A “Position
24 Evaluation Questionnaire” that Ms. Dolan completed in 2015 has The Walt Disney Studios
embossed at the top of each page. The Walt Disney Company sends all of its employees (across
25
Disney, Pixar, ESPN, Marvel, Lucasfilm) emails reminding them to complete their Disney
26 compliance training. Said emails refer to “The Walt Disney Company and its Affiliated
Companies” as “the Company,” and notify employees to “contact the Disney IT Support Center at
27 1-866-SDISNEY” if they run into technical problems with the “TWDC” training. The email
signature of Ms. Dolan’s immediate boss indicates that he is President of Walt Disney Studios &
28 The Disney Music Group. Her work email address ends with “@disney.com.”
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CORRECTED FOURTH AMENDED COMPLAINT
2018: “She is a seamless collaborator, unparalleled expert in her field and truly
operates on a Vice President level.”
2017: “[T]here is absolutely no question in my mind that [Nancy] is performing
even beyond Director level.”
2016: “Nancy exceeded my performance expectations and is operating easily at
Director level, if not higher.”
67. Despite the fact that she is performing the work of a Vice President—and has been
working above her pay grade for years—Disney HR refuses to grant Ms. Dolan a promotion.
Each time the subject is raised, her superiors kick the can down the road or, worse, move the goal
10 posts for what is required for her to be recognized for her contributions. In one instance, for
ll example, she was told by an HR representative that Disney wanted to “see success with a couple
12 of our live action titles,” though her superiors have always given her stellar evaluations:
13 >» “Tcan’t tell you how valuable Nancy is to me, to us, in helping me conceive and
14 then execute all things music creative marketing related from production of music
1S) videos, to label copy for soundtracks and publicity, artists relations for events,
16 etc,”
17 “She is worth her weight in gold.”
18 > “Producing an important music video and being in the middle of this culturally
19 important film marketing and simultaneous music campaign was a herculean
20 effort put forth by Nancy.”
21 “Nancy had a tremendous year. Her contribution to Beauty and the Beast alone
22. resulted in the most substantial music marketing campaign in recent years and
23 yielded global success.”
24 “Nancy once again this year has proven that she is deserving of what is a long
25) overdue promotion.”
26 “Nancy’s efforts in 2016 were exceptional.”
2. 68. At one point, Ms. Dolan was told that she could not be promoted from Manager to
28 Director because she would be skipping a level (Senior Manager). However, shortly thereafter,
-]7-
CORRECTED FOURTH AMENDED COMPLAINT
two ofher male counterparts were promoted from Manager to Director without ever holding the
title of “Senior Manager.” When she inquired about this unequal treatment, she was told that
Disney considered one of the promoted males as more of a “retention risk” because he was
younger than her.
69. In 2011, when an Executive Vice President retired, Ms. Dolan took over his
responsibilities, but Disney did not give her a commensurate pay raise or higher title. Her
immediate supervisor acknowledged the “inequity” of the situation whereby Ms. Dolan “back
filled and took over the entire position of an EVP [] three years ago for a fraction of the cost.”
70. In 2017, having been told that there was a “freeze” on promotions, Ms. Dolan
10 requested a raise. At the time, her base salary was $99,345.66. Through her own research, she
11 found that Senior Managers at Disney were making between $98,000-$158,810, with her salary
12 squarely at the bottom of the range. The average salary for Senior Managers at Disney at the time
13 was $131,054, approximately $30,000 more than what Plaintiff Dolan was being paid. When
14 she presented her research to Disney HR, she was rebuffed and was told that her salary was “right
15 in line with where it should be.” She was not provided any documentation to support Disney’s
16 response.
17 Tas Although Ms. Dolan is doing work that is the same or substantially similar to that
18 of male counterparts who are Directors, and is doing the work of her predecessor who was an
19 Executive Vice President, by virtue of the fact that she has been held back in the position of
20 Senior Manager, she is making significantly less than those men.
21 12: On information and belief, Disney is discriminating against Ms. Dolan on account
22 of her gender, paying her far less than her male counterparts even though she is doing the same or
23 substantially similar work as them when viewed as a composite of skill, effort and responsibility,
24 and performed under similar working conditions.
25
Preview
FILED Superior Court of Californi a County of Los Angeles Lori E. Andrus (SBN 205816) lori andrusanderson.com Jennie Lee Anderson (SBN 203586) APR 15 2021 jennie@andrusanderson.com She tri R. Carter; by, ecutiv ANDRUS ANDERSON LLP e Officer/Clerk 155 Montgomery Street, Suite 900 » Deputy San Francisco, CA 94104 Telephone: (415) 986-1400 Facsimile: (415) 986-1474 Attorneys for Plaintiffs, the Proposed Class and the Aggrieved Employees SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY 10 LARONDA RASMUSSEN, KAREN MOORE, Case No. 19STCV10974 1 VIRGINIA EADY-MARSHALL, ENNY JOO, REBECCA TRAIN, AMY HUTCHINS, CORRECTED FOURTH AMENDED 12 NANCY DOLAN, ANABEL PAREJA SINN, COMPLAINT DAWN JOHNSON, and CHELSEA HANKE 13 on behalf of themselves and all others similarly CLASS ACTION situated and aggrieved, 14 Plaintiffs, DEMAND FOR JURY TRIAL VS. 15 THE WALT DISNEY COMPANY, WALT 16 DISNEY PICTURES, HOLLYWOOD RECORDS, INC., WALT DISNEY DIRECT- 17 TO-CONSUMER & INTERNATIONAL, DISNEY CONTENT SALES, LLC, BUENA 18 VISTA HOME ENTERTAINMENT, INC., WALT DISNEY PARKS AND RESORTS a). 19 U.S., INC., WALT DISNEY IMAGINEERING RESEARCH & DEVELOPMENT, INC., 20 AMERICAN BROADCASTING COMPANIES, INC., TWDC ENTERPRISES 21 18 CORP., and DOES 2-100, Defendants. Lid 22 When it comes to paying women fairly, The Walt Distey Company,! nearing its 100th 23 year, is woefully behind the times. While claiming that “[iJrclusion is a critical part of telling 24 ' Except where appropriate, Defendants The Walt Disney Company, Walt Disney Pictures, 25 Hollywood Records, Inc., Walt Disney Direct-To-Consumer & International, Disney Content 26 Sales, LLC, Buena Vista Home Entertainment, Inc., Walt Disney Imagineering Research & Development, Inc., Walt Disney Parks and Resorts U.S., Inc., American Broadcasting 27 Companies, Inc., and TWDC Enterprises 18 Corp. are referred to collectively as “Disney.” ? Disney Brothers Cartoon Studio, which would become The Walt Disney Company, was created 28 in 1923. See https://www.thewaltdisneycompany.com/about/ (last visited March 22, 2019). aie CORRECTED FOURTH AMENDED COMPLAINT 93 the best stories, being relevant, and expanding audiences, Disney stubbornly refuses to pay its women employees equal to men doing the same work. In many instances, Disney is paying women workers tens of thousands of dollars less than their male counterparts. The gender pay gap is not simply a “women’s issue,” it is an economic issue that impacts our entire state: California women make, on average, about 89 cents for every dollar their male counterparts make, costing the state’s economy $78 billion dollars a year.* Some companies are tackling the wage gap with real action. Since April 2019, nearly 40 major California employers, including Apple, Uber, AirBnB, Intel, Cisco, Salesforce, and Gap, have signed on to the California Pay Equity Pledge.*° For good reason: as the California Commission on the Status 10 of Women and Girls explains: “A company’s good reputation makes it easier to attract consumers, and 07 11 recruit and retain employees in today’s competitive and informed workforce. 12 Rather than resist reform, the companies that have signed the pledge have all agreed to conduct 13 annual, company-wide salary audits, among other things, to ensure compliance with California’s Equal 14 Pay Act, the strongest in the country. Pay equity is achievable — even in a giant company® — so long as 15 its Senior Executives recognize the desirability of eliminating discriminatory pay practices. 16 Plaintiffs LaRonda Rasmussen, Karen Moore, Ginia Eady-Marshall, Enny Joo, Rebecca Train, 17 Amy Hutchins, Nancy Dolan, Anabel Pareja Sinn, Dawn Johnson, and Chelsea Hanke—all valuable 18 and high-performing Disney employees and former employees—bring this lawsuit to address the 19 rampant gender pay discrimination at Disney. Because Disney’s pay practices negatively affect their 20 female co-workers throughout the state, Plaintiffs bring this case as a class action. 21 Together, they hope to force Disney to live up to the lofty ideals it promises, like this one: “At 22 3 “Diversity & Inclusion Commitment” https://bit.ly/2FRJUV8 (last visited July 4, 2019). 23 4 See https://www.mercurynews.com/2019/07/02/uber-intel-cisco-gap-join-california-equal-pay- ampaign/ (last visited July 4, 2019). 24 5 See https://www.sfchronicle.com/politics/article/Jennifer-Siebel-Newsom-leans-in-to-power-as- 15000045.php (last visited January 28, 2020). 25 ® See https://women.ca.gov/payequitypledge/ (last visited July 4, 2019). 26 7 See https://women.ca.gov/californiapayequity/employers-resources/ (last visited July 4, 2019). 8 See https://www.mercurynews.com/2019/07/02/uber-intel-cisco-gap-join-california-equal-pay- 27 ampaign/ (“At least a few of the companies that have signed onto the campaign had previously announced that they had achieved pay parity, such as Apple (in 2016), Intel (in 2016, and globally 28 in January) and Salesforce (in 2015).”) 23 CORRECTED FOURTH AMENDED COMPLAINT Disney, we strive to include and attract individuals who reflect the diverse world in which we live. We also seek to ensure that our workplace is inclusive and provides the opportunity for all of our people to 1% contribute and develop to their full potentia Without pay equity, Disney’s women workers will never develop to their full potential. In support of their claims, upon knowledge and information and belief, Plaintiffs allege: INTRODUCTION 1 The Walt Disney Company is the world’s largest media company.'° As explained in its 2018 Annual Report,'! “The Walt Disney Company, together with its subsidiaries, is a diversified worldwide entertainment company with operations in four business segments: Media 10 Networks, Parks and Resorts, Studio Entertainment, and Consumer Products & Interactive ll Media.” 12 2 Many thousands of people, and thousands of women, work for Disney in 13 California. Although they work in different capacities, and in different divisions, and 14 departments, they are all overseen by Disney Global Human Resources Operations, and they are 15 all subject to the same compensation and other human resource policies that are the focus of this 16 litigation. 17 3 Over the 12 years Ms. Rasmussen has worked for Disney, she has come to 18 understand that, across all of its business segments and at all levels of the company, Disney 19 routinely underpays its female employees, passes them over for promotion, piles on extra work 20 without additional compensation, and does not supply sufficient support staffto allow women to 21 succeed at their jobs. Based on Ms. Rasmussen’s extensive experience—and after her efforts to 22 resolve her complaints internally were unsuccessful—she was left with little choice but to 23 ° See https://www.thewaltdisneycompany.com/the-walt-disney-company-recognized-for- 24 diversity-leadership/ (last visited July 4, 2019). 10 See https://www.thewaltdisneycompany.com/about/ (last visited March 22, 2019). Through 25 June 2019, Disney grossed a staggering $2.03 billion dollars, far ahead of any competitor. See 26 https://www.buzzfeednews.com/article/adambvary/disney-hollywood-20th-century-fox-marvel- outlook (last visited July 5, 2019). “The next highest studios this year, Warner Bros. and 27 Universal, haven’t made even half that amount.” Id. "| Available at: https://www.thewaltdisneycompany.com/wp-content/uploads/2019/01/2018- 28 Annual-Report.pdf (last visited March 22, 2019). =e CORRECTED FOURTH AMENDED COMPLAINT conclude that Disney simply values its male employees greater than its female employees. Even if Disney’s devaluation of women’s work is not intentional, it is against the law. 4 As such, on behalf of the Class defined below, and the aggrieved employees, she and the other Plaintiffs seek all legal and equitable relief available under the California Equal Pay Act, California Labor Code § 1197.5; California Labor Code §§ 201-203; California Labor Code § 210, the Fair Employment and Housing Act, California Government Code § 12900, et seq., California Labor Code § 232, California Business & Professions Code § 17200, et seq.; and the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq. PARTIES 10 5 Plaintiff LaRonda Rasmussen is a bi-racial woman over the age of eighteen. She ll resides in Valley Village, California. She works for Disney in Glendale, California. 12 6 Plaintiff Karen Moore is a woman of color over the age of eighteen. She resides in 13 Sherman Oaks, California. She works for Disney in Burbank, California. 7 14 Plaintiff Virginia Eady-Marshall is an Asian American woman over the age of 15 eighteen. She resides in Burbank, California. She works for Disney in Burbank, California. 16 8 Plaintiff Enny Joo is a woman of color over the age of eighteen. She resides in 17 Los Angeles, California. She works for Disney in Burbank, California. 18 9 Plaintiff Rebecca Train is a woman over the age of eighteen. She resides in 19 Glendale, California. She works for Disney in Glendale, California. 20 10. Plaintiff Amy Hutchins is a woman over the age of eighteen. She resides in 21 Burbank, California. She previously worked for Disney in Burbank, California. 22 i Plaintiff Nancy Dolan is a woman over the age of eighteen. She resides in Los 23 Angeles, California. She works for Disney in Burbank, California. 24 Plaintiff Anabel Pareja Sinn is a Hispanic woman over the age of eighteen. She resides in Los 25 Angeles, California. She previously worked for Disney in Burbank, California. 26 12. Plaintiff Dawn Johnson (also known as Dawn Wisner-Johnson) is a woman over 27 the age of eighteen. She resides in Cedarpines Park, California. She previously worked for 28 Disney in Burbank, California. -4- CORRECTED FOURTH AMENDED COMPLAINT 13% Plaintiff Chelsea Hanke (nee Mielke) is a woman over the age of eighteen. She resides in Sylmar, California. She works for Disney in Burbank, California. 14. Defendant The Walt Disney Company is incorporated in Delaware, and is registered with the California Secretary of State. The Walt Disney Company’s principal place of business is in Burbank, California. The Walt Disney Company is, or was, an employer of each of the named Plaintiffs.!2 15s Defendant Walt Disney Pictures is incorporated in California, and is registered with the California Secretary of State. Walt Disney Pictures’ principal place ofbusiness is in Burbank, California. 10 16. Defendant Hollywood Records, Inc. is incorporated in California, and is registered ll with the California Secretary of State. Hollywood Records, Inc.’s principal place of business is in 12; Burbank, California. 13 ie Defendant Walt Disney Direct-to-Consumer and International is incorporated in 14 California, and is registered with the California Secretary of State. Defendant Walt Disney 15 Direct-to-Consumer and International’s principal place of business is in Burbank, California. 16 18. Defendant Disney Content Sales, LLC is incorporated in Delaware, and is 17 registered with the California Secretary of State. Disney Content Sales, LLC’s principal place of 18 business is in Burbank, California. 19 19. Buena Vista Home Entertainment, Inc. (commonly known as Walt Disney Studios 20 Home Entertainment) is incorporated in California, and is registered with the California Secretary 21 of State. Buena Vista Home Entertainment, Inc.’s principal place of business is in Burbank, 22 California. 23 i 24 " Throughout its Annual Financial Reports (Form 10-K), The Walt Disney Company refers to 25 “our employees.” “The Walt Disney Company and Affiliated Companies Standards of Business 26 Conduct” and “The Walt Disney Company and Affiliated Companies Employee Policy Manual” apply to all Disney employees, and the Introductions of both of those documents are signed by 27 Robert A. Iger, President and Chief Operating Officer of The Walt Disney Company. When defining itself in communications to its employees, Disney refers to “The Walt Disney Company 28 and Affiliated Companies” as “the company.” -5- CORRECTED FOURTH AMENDED COMPLAINT 20. Defendant Walt Disney Parks and Resorts U.S., Inc. is incorporated in Florida, and is registered with the California Secretary of State. Defendant Walt Disney Parks and Resorts USS., Inc.’s principal executive office is in Lake Buena Vista, Florida, and its principal place of business in California is in Anaheim. 21. Defendant Walt Disney Imagineering Research & Development, Inc. is incorporated in Delaware, and is registered with the California Secretary of State. Walt Disney Imagineering Research & Development, Inc.’s principal place of business is in Glendale, California. 22; Defendant American Broadcasting Companies, Inc. is incorporated in New York, 10 and is registered with the California Secretary of State. Defendant American Broadcasting 11 Companies, Inc. maintains its principal place of business in California in Anaheim. Defendant 12 American Broadcasting Companies, Inc. is a subsidiary of The Walt Disney Company. 13 238 Defendant TWDC Enterprises 18 Corp. is incorporated in Delaware, and is 14 registered with the California Secretary of State. Defendant TWDC Enterprises 18 Corp. 15 maintains its principal place of business in Burbank. 16 24. The true names of Defendants sued as Does 2-100 are unknown to Plaintiffs. They 17 are sued pursuant to California Code ofCivil Procedure section 474. 18 25; Each of the fictitiously-named Doe Defendants is responsible in some manner for 19 the conduct alleged herein, including, without limitation, by way of conspiracy, aiding, abetting, 20 furnishing the means for, and/or acting in capacities that create agency, respondeat superior, 21 and/or predecessor- or successor-in-interest relationships with the other Defendants. 22, 26. Plaintiffs may seek to amend these pleadings as the identities of the Doe 23 Defendants are discovered, and to add additional facts and/or legal theories. 24 JURISDICTION AND VENUE 2 21: This Court has jurisdiction over this matter because The Walt Disney Company, 26 Walt Disney Pictures, Hollywood Records, Inc., Walt Disney Direct-to-Consumer and 27 International, Disney Content Sales, LLC, Buena Vista Home Entertainment, Inc., Walt Disney 28 Parks and Resorts U.S., Inc., Walt Disney Imagineering Research & Development, Inc., -6- CORRECTED FOURTH AMENDED COMPLAINT American Broadcasting Companies, Inc., and TWDC Enterprises 18 Corp. maintain offices in California, are licensed to do business in California, regularly conduct business in California, and committed and continue to commit the unlawful acts alleged herein in California. 28. Venue is proper in this Court pursuant to California Code of Civil Procedure section 395.5 because: a) many Class members work, or have worked in this county and, as such, liability arises in this county; and b) several of Defendants maintain their principal places of business in this county. FACTUAL ALLEGATIONS Plaintiff Rasmussen’s Background at Disney 10 20) LaRonda Rasmussen obtained her B.S. in Accounting from California State 1 University, Northridge. After graduating, she worked for NBC Universal for several years. 12 30. In February 2008, she was hired by Disney as a “Senior Financial Analyst.”'> Her 13 job application requested information about her prior salary, which she provided. Her starting 14 salary at Disney was set at $70,000. 15 31. Ms. Rasmussen has worked extremely hard for Disney for more than a decade. 16 She regularly works on weekends, delivers what is required of the job, and is dedicated to 17 Disney’s mission. She enjoys her job tremendously, and considers herselfa true team player. 18 She routinely receives positive performance reviews from her supervisors. From time to time, 19 she has been rewarded with raises and bonuses. 20 325 Despite Ms. Rasmussen’s clear devotion to her employer, and her exemplary 2A performance, Disney discriminates against her on account of her gender, paying her far less than 22, her male counterparts even though she is doing the same or substantially similar work as them 23 24 '3 Like all of the named Plaintiffs, Ms. Rasmussen has multiple employers in her position at 25, Disney. Her offer letter was on The Walt Disney Company letterhead, and was signed by a 26 “Heather Artingstall, Staffing Consultant, Talent Acquisition, The Walt Disney Company.” Her 2017 pay adjustment form was completed by “Disney Global HR Operations.” Her paystub 27 indicates that she is paid by Walt Disney Pictures. Like all of Disney’s employees, Ms. Rasmussen’s performance evaluations are recorded on a form that has “[Disney’s “D” graphic 28 logo] Achieve” embossed at the top. Ie CORRECTED FOURTH AMENDED COMPLAINT when viewed as a composite of skill, effort and responsibility, and performed under similar working conditions. Plaintiff Rasmussen Raises Concerns with Disney Human Resources 33; In 2017, Ms. Rasmussen raised the issue of unfair pay with Disney’s Human Resources department (“Disney HR”). She explained that she believed that she was earning less than men performing the same (or substantially similar) job duties, and asked for a desk audit to determine whether her job responsibilities were aligned with her title. 34, At the time, Ms. Rasmussen’s base salary was $109,958. 35, Each of the six men holding the same title as her (“Manager, Product 10 Development”) in 2017 had a much higher base salary. 11 > The lowest-paid male Manager received $16,000+ more in base salary than 12 Plaintiff Rasmussen. 13; The highest-paid male Manager was paid almost $40,000 more than her. 14 When comparing the average base salary of male Managers, Plaintiff Rasmussen 15 was shortchanged more than $26,000. 16 One recently-hired male Manager—with several years less experience than 17 Plaintiff Rasmussen—was paid $20,000+ more. 18 36. Likewise, each of the six men holding the title “Senior Manager, Product 19 Development” in 2017 was paid significantly more than Ms. Rasmussen, even though she was 20 doing the same or substantially similar work as them. 21 > The lowest-paid male Senior Manager received $26,000+ more in base salary than 22: Plaintiff Rasmussen. 23 > The highest-paid male Senior Manager was paid more than $64,000 more than 24 her. 25 > When comparing the average base salary of male Senior Managers, Plaintiff 26 Rasmussen was shortchanged nearly $50,000. 27 28 Ege CORRECTED FOURTH AMENDED COMPLAINT Disney’s Response 375 Five months after Ms. Rasmussen asked Disney to consider whether she was being paid equally, Disney HR informed her that the amount of her pay “was not due to gender.” 38. Even still, in November 2017, Disney raised Ms. Rasmussen’s salary by $25,000 (approximately 23% of her base salary, but still only bringing her to the low end of the range of salaries earned by Managers), claiming that the increase was due to an evaluation of “market forces.” That explanation was contradicted by Disney’s own records, which show that the “pay reason” assigned by Disney HR to the pay raise was: “equity adjustment.” 32, As of August 2018 (a year after she received a raise): 10 > When compared to the average salary of male Managers, Ms. Rasmussen was paid 11 $5,270 less. When compared to the average salary of male Senior Managers, Ms. 12 Rasmussen was paid approximately $34,000 less. 13 Plaintiff Rasmussen’s Performance History 14 40. Plaintiff Rasmussen has always received positive comments in her performance 5; evaluations, typically being graded “Right on Track” and “Moving Ahead.” Some of the glowing 16 comments Ms. Rasmussen’s supervisors have made over the years include: 17 > “She understands the Music Labels business very well and she has done a good job 18 of implementing changes and managing their support for the forecast.” 19 She did an excellent job of working with the Music Publishing site and the team to 20 design a more simplified model. This is to date one of our most successful 21 projects since go-live.” 22 “LaRonda is building a good relationship with our main user from Pixar.” 23 “LaRonda will work extremely long hours and will never complain when we have 24 a deadline.” 25 “LaRonda has contributed immensely to the team during 2011.” 26 “LaRonda performed at a very high level this year. She has exceeded my 27 expectations on several occasions. She is truly a team player, she will work long 28 hours when required and she is extremely focused on improvements. She is calm -9- CORRECTED FOURTH AMENDED COMPLAINT under pressure, is assertive when required and she partners well. I would like to recommend LaRonda to be promoted to Project Manager this year [(2011)] as I believe she is performing at that level.” “LaRonda has had a very successful year and has transitioned extremely well into her role as a Project Manager.” “She is extremely detail oriented, questions everything, has excellent process knowledge and is methodical. She always earns the respect of the business community extremely fast. She is now building a strong reputation within the IT team.” 10 “She has also shown herselfto be a very good presenter. She presented at several 11 critical meetings this years [sic] and she showed tremendous poise and 12 professionalism.” 13 “In 2015, LaRonda grew upon the successful engagement she has built over the 14 last 2 years and maintained her trusted partnership with the music royalties and 15 accounting team.” 16 “LaRonda starts with yes and her can-do willingness to take on challenging work 17 is infectious with the larger team. She is transparent and willing to confront 18 difficult issues.” 19 Disney Underpays Other Women Employees 20 41. Plaintiff Rasmussen is not alone in being treated as cheap labor at Disney; other 21 women employees are also underpaid by Disney. 22 42. Another female Manager was given the work of a Senior Manager, but was not 23 given a promotion for taking on extra responsibilities. 24 43. At the same time that Ms. Rasmussen received an “equity adjustment” in her 25 salary, a female Senior Manager also received a 26.6% raise and another female Manager 26 received a 27.7% raise, suggesting that Disney recognized the pay disparity was widespread. Da: // 28 // -10- CORRECTED FOURTH AMENDED COMPLAINT 44. Plaintiff Karen Moore is a Senior Copyright Admin Administrator within the Disney Music Group and a 23-year employee ofDisney.'* 45. Within the Class period, Ms. Moore inquired about an open position for “Manager,” but she was discouraged from applying. Later, the job was converted into a “Senior Manager” position and eventually a man was placed in that spot. On information and belief, he is making significantly more than Ms. Moore, even though they are both performing the same or substantially similar work when viewed as a composite of skill, effort and responsibility, and performed under similar working conditions. Ms. Moore has been kept in her current role, despite the fact that her supervisors have long recognized her “expert knowledge” as 10 “instrumental” to the department. ll 46. On information and belief, Disney is discriminating against Ms. Moore on account 12 of her gender, paying her far less than her male counterparts even though she is doing the same or 13 substantially similar work as them when viewed as a composite of skill, effort and responsibility, 14 and performed under similar working conditions. 15 47, Plaintiff Ginia Eady-Marshall is a Senior Manager for Disney Music Publishing, 16 and has worked for Disney for a total of more than 15 years.'° 17 48. In 2013, Ms. Eady-Marshall was promoted to Manager, assuming the 18 responsibility of overseeing Music Research. That position had previously been occupied by a 19 man, who held the (higher) title of Director. Ms. Eady-Marshall performs the same or 20 substantially similar job duties than him, but has not been given the title of Director, or the 21 22 '4 Ms. Moore has multiple employers in her position with Disney. Her paycheck shows that she 23 is paid by Hollywood Records, Inc. Her performance evaluation lists her “business organization” as “SE-DMG-CA Copyright Administration” (Disney Music Group). Her performance 24 evaluations are recorded on a form that has “[Disney’s “D” graphic logo] Achieve” embossed at the top. Her work email address ends with “@disney.com.” 25 'S Ms. Eady-Marshall has multiple employers in her position with Disney. Her paycheck shows 26 that she is paid by Hollywood Records, Inc. Her performance evaluations are recorded on a form that has “[Disney’s “D” graphic logo] Achieve” embossed at the top. Her performance evaluation 27 lists her “business organization” as “SE-DMG-CA Music Research” (Disney Music Group). Her 2015 “Promotion Questionnaire” has The Walt Disney Studios embossed at the top of the first 28 page. Her work email address ends with “@disney.com.” mf T= CORRECTED FOURTH AMENDED COMPLAINT commensurate salary. Adding insult to injury, Ms. Eady-Marshall is expected to, and does, run the department with one less staff member than her male predecessor had. 49. Ms. Eady-Marshall’s supervisors acknowledge that she has been doing the work of a Director for years, with one of them stating in her 2015 Promotion Questionnaire: “The job responsibilities of Ginia’s position are consistent with those responsibilities performed by ... Senior Managers and one Director.” Despite this acknowledgement, Disney refuses to give her the title of Director, instead promoting her to Senior Manager.'® 50. In 2016, Ms. Eady-Marshall learned that she was earning $25,000 less than the low end of the range for her title of Senior Manager (and that men with the same title were 10 earning within the range). When she raised the issue with Disney HR, they gave her a $25,000 11 raise, bringing her just to the bottom end of the range. Disney did not pay her for any back pay at 12 the time, and has, to this day, refused to increase her title and salary to the appropriate level. 13 Se Ms. Eady-Marshall has consistently received laudatory performance evaluations 14 over the years, though she has had to deal with inadequate staffing and steady workload increases. 15 Some of the comments her supervisors and colleagues have made include: 16 > “Superb organizational ability, meticulous attention to detail, excellent written/oral 17 communication skills, team player (with proven ability to collaborate to achieve 18 team goals), initiative-taker, multi-tasker, strong analytical and critical thinking 19 abilities (including a proven ability to train subordinates), and reliable and 20 dedicated work ethic with an ability to efficiently manage a heavy workload.” 21 “[S]he has one of the most difficult and important jobs in our business. In addition 22 to the sheer volume of shows, the job itselfto review every episode of every show 23 that airs for cue sheet accuracy is an immense undertaking. I don’t think most 24 people understand the enormous responsibility her job entails and I hope this 25 precious resource is not taken for granted. She is so thorough and knowledgeable, 26 '© When she was promoted, Ms. Eady-Marshall was told that she could not be promoted from aT Manager to Director because she would be skipping a level (Senior Manager). However, the same year she was promoted, a male colleague was promoted from Manager to Director without 28 ever holding the title of “Senior Manager.” 212: CORRECTED FOURTH AMENDED COMPLAINT I can not say enough good things about her... can not imagine finding anyone who could fill her shoes.” » “Ginia’s workload has increased at an unprecedented pace.” » “Ginia also has become the resident subject matter expert.” 52. Historically, Ms. Eady-Marshall has made significantly less than her male counterparts for the same or substantially similar work, at times more than $25,000 less. On information and belief, she is still not being fairly compensated. Ms. Eady-Marshall has repeatedly raised the issue with her superiors and with Disney HR, without redress. 533 Ms. Eady-Marshall is well-respected in the industry, and her reputation as hard- 10 working and effective benefits Disney when she represents the company at industry events. ll Several of Ms. Eady-Marshall’s colleagues have remarked on the fact that she deserves a much 12 higher title, and commensurate pay, for the level of work that she is doing. At another company, 13 she would undoubtedly hold the title of Director, if not Vice President. But at Disney, she has 14 been held back while her male colleagues have been promoted quickly, sometimes even skipping 15 a level. 16 54, In 2018, fed up with the apparent double-standard for women and men at Disney, 17 Ms. Eady-Marshall expressed that she expected to be compensated (in title and salary) for the 18 Director-level work she is doing, and raised her concerns about unconscious bias. After a review, 19 HR informed her that a title and compensation bump “was not warranted.” 20 55. On information and belief, Disney is discriminating against Ms. Eady-Marshall on 21 account ofher gender, paying her far less than her male counterparts even though she is doing the 22 same or substantially similar work as them when viewed as a composite of skill, effort and 23 responsibility, and performed under similar working conditions. 24 56. Plaintiff Enny Joo has worked for Disney since 1998.'7 When she was first hired, 25 her title was Manager, Creative. In 2000, she was promoted to Director, Creative. Since 2000, 26 '7 Ms. Joo has multiple employers in her position with Disney. Her paycheck shows that she is 27 paid by Hollywood Records, Inc. Her performance evaluations are recorded on a form that has “[Disney’s “D” graphic logo] Achieve” embossed at the top. Ms. Joo’s 2016 “Performance 28 Connection” evaluation form lists her ‘business unit” as Disney Music Group. Her work email 2132 CORRECTED FOURTH AMENDED COMPLAINT she has not been promoted, despite the fact that, in 2017, she was asked to oversee the entire roster of Hollywood Records’ artists. Acknowledging that “she has risen to head up all creative campaigns within the Marketing Department at Hollywood Records,” Ms. Joo’s supervisors say that she plays an “essential” role, which she “excels at.” They also say that she is a “lead voice for creative” who is “uniquely qualified.” Se Ms. Joo’s performance evaluations have been consistently excellent. Some comments made by her supervisors over the years include: » “She manages to juggle a very heavy, often very taxing workload with grace and intelligence.” 10 > She is a “real leader,” who is “working at the top of her game.” 11 » “She consistently delivers top-notch solutions, stands up for excellence and 12 courageously defends our brand values.” 13 58. Instead of rewarding Ms. Joo for her exemplary job performance and dedication, 14 Disney expects Ms. Joo to be content with her recently-increased responsibilities, with no 15 promotion or raise to go along with them. Given her new role, Ms. Joo’s title should be Vice 16 President, as was the man’s who performed her job before her. Because Ms. Joo has been held 17 back in terms of her title and pay grade, she is paid significantly less than the male Vice President 18 who preceded her. She is also paid less than other male Vice Presidents tasked with job duties 19 that are the same or substantially similar to hers. 20 39. Ms. Joo has complained about her unfair treatment to her supervisors, to no avail. 21 Despite her long tenure, and exemplary performance reviews, Ms. Joo was told to spend a year 22 “proving” herself, then ask for a promotion and a raise. She did just that, but at the end of the 23, year, she was told that “nothing could be done” about her pay or her title. 24 60. On information and belief, Disney is discriminating against Ms. Joo on account of 25 her gender, paying her far less than her male counterparts even though she is doing the same or 26 Ht 27 28 address ends with “@disney.com.” -14- CORRECTED FOURTH AMENDED COMPLAINT substantially similar work as them when viewed as a composite of skill, effort and responsibility, and performed under similar working conditions. 6l. Plaintiff Becky Train began working for Disney Imagineering, also known as “Theme Park Productions,” as a contractor in 2015.'® In 2017, she was converted to a part- time/hourly employee and in January 2018, she was given a full-time/salaried position. Her title has always been Media Producer. Ms. Train is aware of at least one other Media Producer, a man, who was earning more than $10,000 more than she was, though they were doing the exact same job. Although Ms. Train has only worked for Disney for a few years, her supervisors recognize her as “instrumental for the project team,” and characterize her as “a strong, 10 knowledgeable, and driven producer.” 11 62. On information and belief, Disney is discriminating against Ms. Train on account 12 of her gender, paying her far less than her male counterparts even though she is doing the same or 13 substantially similar work as them when viewed as a composite of skill, effort and responsibility, 14 and performed under similar working conditions. 15 63. Plaintiff Amy Hutchins worked for Disney’s Direct-To-Consumer business 16 segment for 14 years.'? She held the title of Production Supervisor for more than 10 years, 17 though her supervisor acknowledged that she was doing Producer-level work. Though Ms. 18 Hutchins consistently received good performance reviews (she was “instrumental for the project 19 '8 Ms. Train has multiple employers in her position with Disney. Her paycheck shows that she is 20 paid by Walt Disney Parks and Resorts U.S., Inc. Ms. Train’s performance evaluations are recorded on a form that has “[Disney’s “D” graphic logo] Achieve” embossed at the top and her 21 2018 performance evaluation refers to her role “in WDI” (Walt Disney Imagineering). Her ID 22, Card says “The Walt Disney Company and Affiliated Companies,” and says “Imagineering Campus.” Her “Day 1 New Hire Itinerary” is on Walt Disney Imagineering letterhead. Her work 23 email address ends with “@disney.com” and the email signature line of the individual who offered her the job shows that he is an Executive at Walt Disney Imagineering, though his online 24 Disney profile shows that his “company code” is “WD Parks & Resorts US, Inc.” The recruiter who assisted with her hiring process has an email signature that indicates she works for “Walt 25 Disney Imagineering — Walt Disney Parks & Resorts.” 26 '° Ms. Hutchins had multiple employers in her position with Disney. Her paycheck shows that she was paid by Disney Content Sales, LLC. Her online Disney profile categorized her as DT working for “DTCI-CA Creative” (Direct-to-Consumer & International). Her work email address ended with “@disney.com,” and her 2015 W-2 showed her employer as Buena Vista Home 28 Entertainment. -15- CORRECTED FOURTH AMENDED COMPLAINT team,” for example), she was passed over for promotion and was stymied in her career trajectory because of her gender. Ms. Hutchins was tasked with job duties that were the same or substantially similar to male Production Managers and male Producers, but she was paid significantly less than them by virtue of the fact that she was been held back in terms of her title and pay grade. 64. On information and belief, Disney discriminated against Ms. Hutchins on account of her gender, paying her far less than her male counterparts even though she was doing the same or substantially similar work as them when viewed as a composite of skill, effort and responsibility, and performed under similar working conditions. 10 65. Plaintiff Nancy Dolan has worked for Walt Disney Studios Motion Pictures ll Production for more than eighteen years.” She started out in temporary positions in 2001. A 12 year later, she transitioned into a permanent full-time position, with the title of Assistant to the 13 Senior Vice President of Music Creative & Marketing. As time passed, Ms. Dolan received 14 periodic promotions, from Coordinator, to Senior Coordinator, to Manager. Since January 2015, 15 she has held the title of Senior Manager, Creative Music Marketing. 16 66. For years, Ms. Dolan’s supervisor, the President of Music, has expressed his belief 17 that her job responsibilities are the same as someone several steps above her current title, and that 18 a promotion for her is “long overdue.” Her last three performance reviews have consistently 19 reflected this sentiment: 20 it 21 22 20 Ms. Dolan has multiple employers in her position with Disney. Her paycheck shows that she is paid by Walt Disney Pictures. Her performance evaluations are recorded on a form that has 23 “[Disney’s “D” graphic logo] Achieve” embossed at the top, and lists her “business organization” as “SE-WDSMPP-CA” (Walt Disney Studios Motion Picture Production). A “Position 24 Evaluation Questionnaire” that Ms. Dolan completed in 2015 has The Walt Disney Studios embossed at the top of each page. The Walt Disney Company sends all of its employees (across 25 Disney, Pixar, ESPN, Marvel, Lucasfilm) emails reminding them to complete their Disney 26 compliance training. Said emails refer to “The Walt Disney Company and its Affiliated Companies” as “the Company,” and notify employees to “contact the Disney IT Support Center at 27 1-866-SDISNEY” if they run into technical problems with the “TWDC” training. The email signature of Ms. Dolan’s immediate boss indicates that he is President of Walt Disney Studios & 28 The Disney Music Group. Her work email address ends with “@disney.com.” -16- CORRECTED FOURTH AMENDED COMPLAINT 2018: “She is a seamless collaborator, unparalleled expert in her field and truly operates on a Vice President level.” 2017: “[T]here is absolutely no question in my mind that [Nancy] is performing even beyond Director level.” 2016: “Nancy exceeded my performance expectations and is operating easily at Director level, if not higher.” 67. Despite the fact that she is performing the work of a Vice President—and has been working above her pay grade for years—Disney HR refuses to grant Ms. Dolan a promotion. Each time the subject is raised, her superiors kick the can down the road or, worse, move the goal 10 posts for what is required for her to be recognized for her contributions. In one instance, for ll example, she was told by an HR representative that Disney wanted to “see success with a couple 12 of our live action titles,” though her superiors have always given her stellar evaluations: 13 >» “Tcan’t tell you how valuable Nancy is to me, to us, in helping me conceive and 14 then execute all things music creative marketing related from production of music 1S) videos, to label copy for soundtracks and publicity, artists relations for events, 16 etc,” 17 “She is worth her weight in gold.” 18 > “Producing an important music video and being in the middle of this culturally 19 important film marketing and simultaneous music campaign was a herculean 20 effort put forth by Nancy.” 21 “Nancy had a tremendous year. Her contribution to Beauty and the Beast alone 22. resulted in the most substantial music marketing campaign in recent years and 23 yielded global success.” 24 “Nancy once again this year has proven that she is deserving of what is a long 25) overdue promotion.” 26 “Nancy’s efforts in 2016 were exceptional.” 2. 68. At one point, Ms. Dolan was told that she could not be promoted from Manager to 28 Director because she would be skipping a level (Senior Manager). However, shortly thereafter, -]7- CORRECTED FOURTH AMENDED COMPLAINT two ofher male counterparts were promoted from Manager to Director without ever holding the title of “Senior Manager.” When she inquired about this unequal treatment, she was told that Disney considered one of the promoted males as more of a “retention risk” because he was younger than her. 69. In 2011, when an Executive Vice President retired, Ms. Dolan took over his responsibilities, but Disney did not give her a commensurate pay raise or higher title. Her immediate supervisor acknowledged the “inequity” of the situation whereby Ms. Dolan “back filled and took over the entire position of an EVP [] three years ago for a fraction of the cost.” 70. In 2017, having been told that there was a “freeze” on promotions, Ms. Dolan 10 requested a raise. At the time, her base salary was $99,345.66. Through her own research, she 11 found that Senior Managers at Disney were making between $98,000-$158,810, with her salary 12 squarely at the bottom of the range. The average salary for Senior Managers at Disney at the time 13 was $131,054, approximately $30,000 more than what Plaintiff Dolan was being paid. When 14 she presented her research to Disney HR, she was rebuffed and was told that her salary was “right 15 in line with where it should be.” She was not provided any documentation to support Disney’s 16 response. 17 Tas Although Ms. Dolan is doing work that is the same or substantially similar to that 18 of male counterparts who are Directors, and is doing the work of her predecessor who was an 19 Executive Vice President, by virtue of the fact that she has been held back in the position of 20 Senior Manager, she is making significantly less than those men. 21 12: On information and belief, Disney is discriminating against Ms. Dolan on account 22 of her gender, paying her far less than her male counterparts even though she is doing the same or 23 substantially similar work as them when viewed as a composite of skill, effort and responsibility, 24 and performed under similar working conditions. 25