Merck Gender Pregnancy Discrimination Class Action
Case name: Kelli Smith, et al. v. Merck and Co.
Case type: Gender Discrimination
Filed in: U.S. District Court for the District of New Jersey
Case no.: 3:13-cv-02970
Case Summary
On May 9, 2013, Sanford Heisler Sharp McKnight filed a class action lawsuit under the federal Equal Pay Act (“EPA”) against Merck and Co., alleging that the pharmaceutical giant discriminated against its female sales force, and against pregnant women and women who take maternity leave in particular, in pay, promotions, and other terms and conditions of employment.
In April 2016, the Court granted class certification on Plaintiffs’ allegations of discrimination in pay under the EPA. Plaintiffs’ evidence included information suggesting that Named Plaintiffs were paid less than men they identified as comparators, as well as a preliminary expert report finding those female sales representatives in the S1 and S2 tiers earned less per year on average than male sales representatives in those tiers.
By July 2016, more than 400 women had joined the class action litigation.
In July 2019, the Court approved a settlement of $6.2 million. The class had grown to 2,900 members.
Procedural History
News Coverage
- Ex-Merck Workers Get Green Light For $6.2M Sex Bias Deal, Law360, July 19, 2019
- Merck and Novartis gender bias suits draw renewed attention, and New York is taking action, Fierce Pharma, June 28, 2018
- New York to Investigate Claims of Pregnancy Discrimination at 4 Companies, The New York Times, June 27, 2018
- 400+ Women are Suing Drug Giant Merck and Co. (MRK) Over Unequal Pay, BioSpace, July 27, 2016
- Merck’s $250M equal-pay lawsuit gains heft as 400 more women claim discrimination, Fierce Pharma, July 21, 2016 –
- More Than 400 Women Are Now Suing Merck for Unequal Pay, Fortune, July 21, 2016
- Merck sex discrimination case could be collective action – judge, Reuters, April 27, 2016
Attorneys Involved in the Case
David Sanford
Chairman
Russell Kornblith
Partner and General Counsel
Andrew Melzer
New York Partner
David H. Tracey
Firm Managing Partner
Nicole Wiitala
Managing Partner for Legal Personnel and Co-Ombudsperson
Press Releases
- Sanford Heisler Announces That More Than 400 Current and Former Employees Have Joined the $250 Million Sex Discrimination Case Against Merck and Intervet
- Sanford Heisler Files $100M+ Discrimination Suit Against Pharma Giant Merck and Co., Inc.
- Sanford Heisler Adds Four New Class Representatives to $250M Gender Discrimination Class Action Suit Against Pharma Giant Merck
- Sanford Heisler Wins Certification Victory in $250 Million Sex Discrimination Case Against Merck and Co., Inc.