The lawsuit additionally contends that the required pledge also disproportionately harmed women, “who are more often caregivers for children and other family members, and thus not able to comply with such demands.”
San Francisco-based Twitter started the year with about 7,500 employees worldwide, according to a filing with securities regulators. Now a private company under Musk, it hasn’t disclosed how many employees remain. Twitter didn’t immediately respond to a request for comment Thursday.
The lawsuit was filed late Wednesday for former employees Carolina Bernal Strifling and Willow Wren Turkal on behalf of similarly situated female workers. The plaintiffs, who are scheduled to speak about the lawsuit on Thursday, are represented by prominent Boston workers’ rights attorney Shannon Liss-Riordan, who ran an unsuccessful Democratic primary campaign for Massachusetts attorney general earlier this year.
The suit also alleges that the disparity between laid-off male and female employees in engineering-related roles is even greater than the overall gap, with 63% of women in those roles laid off, compared to 48% of men in similar jobs.
“The mass termination of employees at Twitter has impacted female employees to a much greater extent than male employees – and to a highly statistically significant degree,” Liss-Riordan wrote in the lawsuit. “Moreover, Elon Musk has made a number of publicly discriminatory remarks about women, further confirming that the mass termination’s greater impact on female employees resulted from discrimination.”
Speaking outside the courthouse before a hearing, Liss-Riordan said she wanted to show that “the richest man in the world is not above the law.”
“Musk and Twitter think they’re never going to be held accountable in court. We are arguing that the arbitration agreements (signed by Twitter staff) are not enforceable. But if we have to go through arbirtration one by one, we are ready to do that,” Liss-Riordan said.
“Of all the issues facing Elon Musk, this is the easiest to address: treat the workers with respect, pay them what they deserve under the law,” she added.
The lawsuit adds to a number of examples of discharged Twitter employees in the U.S. and elsewhere fighting back. One group of employees is filing individual arbitration claims in California because the documents employees signed when joining the company waived their rights to a class-action lawsuit and jury trial.