Jury orders Nike to pay over 7.5 million dollars in discrimination case

A federal jury in Portland has found that Nike discriminated against a former female engineer by paying her less than her male colleagues and promoting her more slowly, in part because of her sex. The verdict, returned on Wednesday, orders the sportswear company to pay more than 7.5 million dollars.

As Oregon Public Broadcasting (OPB) reported, the jury of one woman and seven men found that Nike violated federal and state law in its treatment of Heather Hender, who worked as a process engineer at the company's headquarters in Washington County for five years. Alongside the pay finding, the jury concluded that Nike promoted Hender more slowly, in part, because of her gender.

The jury awarded Hender 19,739.52 dollars in damages and ruled that Nike must pay at least 7.5 million dollars in punitive damages. That figure is well above the roughly 2 million dollars Hender's attorney had suggested during closing arguments. Court coverage indicated the backpay was tied to a finding that Nike willfully violated the Federal Equal Pay Act.

The verdict followed a six-day trial that focused narrowly on Hender's pay and promotion discrimination claims. The case was heard before Judge Amy Baggio in the US District Court for the District of Oregon.

What the plaintiff said

Speaking to reporters outside the courthouse after the verdict, Hender said her experience was not unique. She described many people at different companies whose stories, she said, had not been told, and expressed hope the decision would encourage others to come forward, as reported by KLCC.

Hender's legal team welcomed the outcome. Laura Salerno Owens, an attorney with Portland-based firm Markowitz Herbold, said the verdict shows workplace discrimination "has a price" and called for an end to what she described as a "boy's club culture" at large corporations.

Nike's response

In a written statement, a Nike spokesperson said the company is committed to treating employees fairly and was disappointed by the verdict. The spokesperson thanked the jurors and court staff, said Nike respects the legal process as it evaluates its next steps, and pointed to a continued focus on supporting employees.

FashionUnited has reached out to Nike for comments.

How the case reached trial

The litigation dates to 2018, when four Nike employees sued the company alleging sex discrimination. The suit landed months after reporting surfaced allegations of a male-dominated internal culture at the Beaverton-based company, a period that saw a wave of executive departures and a public apology from Nike's then chief executive.

Three of the four original plaintiffs settled their claims before trial, leaving Hender as the sole plaintiff. In the case's earlier stages, her attorneys sought class-action status that would have covered hundreds of current and former female employees, but a judge denied that request in 2022, OPB reported.

Nike can still challenge the decisions and send the case to the Ninth Circuit Court of Appeals, a process during which Hender's attorneys would be able to renew their effort to certify the case as a class action.