Nike ordered to release additional information about pay practices in sweeping gender-discrimination lawsuit after Insider and other publications' challenge of court seal
Since then, Nike has repeatedly said it has zero tolerance for discrimination. It's also updated numerous human-resources practices. The lawsuit, which awaits a ruling on a motion that seeks class certification, is proceeding under a protective order, a legal mechanism that can speed up complex lawsuits, including cases with a great deal of sensitive personal information.
, arguing that more information about Nike's pay practices is in the public interest. "We're pleased the court recognizes the strong public interest in this case," said Ellen Osoinach, a local legal initiative attorney in Oregon for the Reporters Committee for Freedom of the Press."The released records will shed light on the extent of Nike's alleged pay inequities. However, public access to the remaining sealed and redacted records remains a priority." Russo also ruled against Nike's request to keep some information sealed regarding a 2018 internal pay-equity study. "Defendant's mere desire to keep this information confidential is inadequate in this context, nor does it outweigh the public's interest in disclosure, especially in light of [Nike's] initial and widely-disseminated statements concerning the study," she wrote.The lead attorney for the plaintiffs, Laura Salerno Owens, said:"We agree with the court's ruling. In a class action impacting thousands of Oregonians, the public has a right to view the evidence. Nike should not be able to hide statistics evidencing Nike's discriminatory practices. Nor should Nike be able to hide that it stopped its promotion practice study, especially when it touted that study publicly. As the court noted, 'sunlight is the best disinfectant' — the only way to truly achieve justice is to have a transparent and open examination of Nike's treatment of women in the workplace."continued to contact her with discrimination claimsIn her ruling, Russo criticized Nike's repeated attempts to seal documents, saying it had"erroneously designated certain redactions in its initial filing," which led to additional document submissions and a"tremendous expenditure" of court time. Russo also granted a motion by the publications to intervene in the lawsuit, essentially giving them a watchdog role in sealing or redacting documents. "Courts routinely permit the press to intervene for the purpose of unsealing judicial records," Russo wrote, adding that the interests of the public and the press are"not necessarily represented in the litigation." Do you work at Nike or have insight to share? Contact the reporter Matthew Kish via the encrypted messaging app Signal or email . Check out Sign up for notifications from Insider! Stay up to date with what you want to know.
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