AG Announces Settlement with Dell EMC Following Allegations of Hostile Work Environment and Retaliation

BOSTON – As a result of a settlement with Massachusetts Attorney General Maura Healey, EMC Corporation, a wholly-owned subsidiary of Dell Technologies (collectively, Dell EMC), will pay $110,000 and update its policies and training programs after claims of sex and gender identity-based discrimination against a former employee.

“Transgender people continue to face significant and unique barriers in finding and maintaining employment,” said Attorney General in a statement.

“This case is a reminder that all employers, even those who are leaders in matters of diversity and inclusion, must be proactive about identifying and eliminating discrimination. We appreciate Dell EMC’s efforts to successfully resolve this issue,” she said.

The settlement agreement provides for payments of $60,000 to the former employee and $25,000 each to two non-profit organizations: TransCanWork, to be used for the organization’s work to promote the employment of transgender people in Massachusetts; and Girls, Inc., to support its Worcester Eureka! program’s work to promote participation of girls in STEM-related activities.

The AG’s settlement resolves claims that a former employee, a transgender woman, was subjected to a hostile work environment based on both her sex and gender identity, denied job opportunities, and was then retaliated against for complaining of discrimination.

Pursuant to the settlement, Dell EMC will submit all of its anti-discrimination, diversity and inclusion, and gender identity-related policies to the AG’s Civil Rights Division for review. In addition, all of the company’s employees in Massachusetts will receive comprehensive anti-discrimination training.

Dell EMC cooperated fully with the AG’s investigation. Both EMC and Dell Technologies have affirmed their continuing commitment to ensuring workplaces that are welcoming, inclusive, and free from discrimination—both in Massachusetts and nationally.

In recent years, Dell Technologies has received a 100 percent score on the Human Rights Campaign Corporate Equality Index and has been listed as one of the top companies for LGBT employees by Diversity Inc.

“Transgender people are coming in from the social margins and increasingly coming out of the shadows at work. Employment provides solutions for housing, health issues, pride, acceptance, a sense of community and an overall better quality of life,” said Jeanie You, Vice President of Marketing and Communications atTransCanWork. “This case is particularly important as statistics show an ever increasing number of youth—the incoming workforce—identifying as transgender, non-conforming, or non-binary.”

“We are grateful for the support toward our EUREKA! program, a five year, leadership and STEM intensive program for 8th-12th grade girls in the Worcester area,” said Victoria Waterman, CEO of Girls Inc. of Worcester. “EUREKA! encourages and teaches adolescent girls through a combination of engaging STEM activities; personal, career, and leadership development; and physical activity.”

The Massachusetts Anti-Discrimination Law, M.G.L. c. 151B, prohibits harassment, retaliation, and other forms of discrimination in the workplace based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, or ancestry.

The Civil Rights Division encourages individuals to report instances of discrimination like the ones at issue in this case by calling (617) 963-2917 or filing a Civil Rights E-Complaint.

Framingham Source Editor Susan Petroni

Susan Petroni Framingham Source Editor Email: Phone: 508-315-7176

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