A judge has ruled that there is a reasonable possibility that Apple illegally paid women less than men, meaning that a class action lawsuit filed on behalf of 12,000 current and former female employees will proceed.Apple admits that the pay disparities exist, but claim that these can be justified by the individual circumstances A long-running controversy for AppleThe issue first came to light back in 2021, when an internal survey organized by members of staff identified a 6% pay disparity between the salaries of male and female employees across technical roles.Around 1,400 technical roles appear in the survey results. The data shows that the median pay for men in mid-level technical roles was 6.25% higher than the median pay of women, and the median pay for white employees in these roles was 5.06% higher than that of non-white employees. Furthermore, the median number of stock grants was 11% later for non-white workers in entry-level and mid-level technical roles than for white workers.Apple responded by stating that it was committed to pay equity but also banned any further internal surveys of this kind.Lawsuit alleging Apple illegally paid women lessA class action lawsuit was filed last year on behalf of 12,000 women who are or were employed by Apple, seeking compensation for underpayment. The suit alleges that the company violated the California Equal Pay Act.Apple attempted to have the case dismissed, admitting that the pay differences existed, but claiming that this was a reflection of individual circumstances rather than a failure to meet its legal requirements for equal pay.However, Arstechnica reports that the judge in the case has rejected this argument, stating that there is sufficient evidence to allow the case to proceed.California Superior Court Judge Ethan P. Schulman filed an order that largely denies Apples motions to strike the class allegations and suspend several class claims []Schulman agreed with employees suing that there was a reasonable possibility that thousands of women in Apples California-based engineering, AppleCare, and marketing divisions experienced similar unequal pay and discrimination as alleged in the complaint.Three specific accusationsWhile nobody is suggesting that the company deliberately set out to pay women less, that is not the bar set by the law. The law requires companies to ensure that they do not have recruitment or appraisal policies or practices which inadvertently lead to this result.Specifically, Apple is accused of three things:Asking for existing salaries, and salary expectations, during recruitmentBasing offers on existing salaries would mean perpetuating existing pay disparities at other companies. Apple ceased to do this after the issue was raised, but does still ask for salary expectations, and it has been established that women are on average less confident than men when it comes to asking for higher salaries.Biased employee appraisalsIts alleged that Apples performance reviews reward men and penalize women for the same behaviors. As an example not specific to Apple, it has sometimes been found that men were praised for assertive behavior while the same actions by women were described as aggressive.Biased talent reviewsApple is also accused of carrying out talent reviews (which appear to differ from individual employee appraisals) which result in men and women of equal talent being awarded unequal pay.Apple will defend the caseApple will fight the case. The company has not responded to this development, but has previously said:Apple has a firm and longstanding commitment to pay equity. Globally, employees of all genders earn the same when engaging in similar work with comparable experience and performance. In the United States, the same is true for employees of all races and ethnicities. We dont ask for salary history during the recruiting process [9to5Mac note: It used to do so]. Our recruiters base offers on Apple employees in similar roles. And every year, we examine the compensation employees receive and ensure that we maintain pay equity.Photo byMina RadonUnsplashAdd 9to5Mac to your Google News feed. FTC: We use income earning auto affiliate links. More.Youre reading 9to5Mac experts who break news about Apple and its surrounding ecosystem, day after day. Be sure to check out our homepage for all the latest news, and follow 9to5Mac on Twitter, Facebook, and LinkedIn to stay in the loop. Dont know where to start? Check out our exclusive stories, reviews, how-tos, and subscribe to our YouTube channel