Markowitz Herbold and Team Secures $15 Million Verdict Against Nike in Sex Discrimination Trial

"For eight years, Nike faced a clear choice: fix the problem or fight the person," said Salerno Owens. "Nike was put on notice years ago by their own female employees that they had a culture of gender discrimination. We are grateful to the jury for holding Nike accountable. Justice has prevailed, not just for our client, but for all women at Nike. This victory sends a message that workplace discrimination is unacceptable and has a price, and corporations will be held accountable for their discriminatory practices."

Salerno Owens argued that Nike denied Hender pay raises and promotions because of her gender throughout her tenure at the company's Beaverton headquarters. Central to the case was evidence drawn from Project Starfish, a set of internal surveys that female executives at Nike informally circulated in 2017 and 2018 to document a culture of gender discrimination within the organization. "This case is about the environment and the culture at Nike," Salerno Owens told the jury in her closing argument.

Markowitz Herbold filed the lawsuit in 2018 on behalf of a group of women who had worked at Nike. Other plaintiffs settled with the company prior to trial, and a motion for class action certification was denied, leaving Hender as the sole plaintiff. Following the verdict, co-counsel Byron Goldstein of Goldstein Browne stated that the legal team intends to appeal the denial of class certification to seek to extend relief to other female Nike employees affected by the company's gender discrimination.

Markowitz Herbold's co-counsel are Byron Goldstein and Barry Goldstein of Goldstein Browne; and Erika Smolyar and Brian Denlinger of Ackerman & Tilajef, P.C.