Elon Musk’s X wins tentative dismissal of ex-Twitter employees’ sex bias lawsuit

2024.08.28 3 min read

Elon Musk’s X has won a tentative dismissal of a sex bias lawsuit filed by two former Twitter employees. The plaintiffs claimed that the social media company targeted female employees when Musk initiated his widespread layoffs at Twitter following his takeover of the platform in 2022.

In a written ruling on Monday, US District Judge Jon Tigar noted that it was not clear if the two named plaintiffs were terminated during Musk’s mass layoffs at Twitter or if they left the social media company for another reason. The judge also noted that even if the plaintiffs were included in Musk’s layoffs, the plaintiffs had not really alleged that their sex was a motivating factor in the company’s decision, as noted in a Reuters report.

“While Plaintiffs allege they worked for X until November 2022 and detail the layoffs that occurred that month, they never allege they were subject to these layoffs. Second, assuming Plaintiffs were terminated, they still have not included enough factual allegations to plausibly infer they were laid off due to their sex.

“The amended complaint does not allege anything about the comparative qualifications, experience, job performance, or abilities of any male employees who were not laid off to suggest that similarly situated men were treated more favorably,” Judge Tigar wrote, dismissing the case for a second time.

The named plaintiffs in the case, Carolina Bernal Strifling and Willow Wren Turkal, were employed at Twitter until November 2022. In their complaint, they alleged that Twitter favored male employees as the company laid off 58% of its female engineers and only 45% of its male engineers. The plaintiffs also alleged that some of Musk’s comments were sexist. Judge Tigar, however, rejected these claims.

“For the reasons explained in the Court’s prior order, the allegations of statements made by X’s CEO Elon Musk and statistics fail to save their claims or plausibly allege that X engaged in a pattern or practice of discrimination. Plaintiffs’ new allegation that Musk used white paint to obscure the ‘w’ on the ‘Twitter’ sign in April 2023 is likewise insufficient, as this act was not tied to the RIF,” Judge Tigar wrote.

Judge Tigar’s tentative dismissal of the plaintiff’s sexual discrimination lawsuit against X can be viewed below.

Employment x Layoffs Decision by Simon Alvarez on Scribd

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