The notice provides information about the settlement in the lawsuit California Civil Rights Department v. Microsoft Corp., brought by the California Civil Rights Department on behalf of employees employed by Microsoft Corporation in California.

You received the notice because records show that you were an employee who worked at Microsoft in California and took one or more leaves of absence protected by California and/or federal law from May 13, 2017 to August 9, 2024. This means that you are a part of the group of people potentially covered by the Consent Decree, called the “Covered Workers.”

The notice gives you a summary of the terms of the Consent Decree, explains what rights Covered Workers have, and helps Covered Workers make informed decisions about what action they can take.

Enclosed with the notice was a settlement check being offered to you in exchange for a release of certain claims you may have had that CRD sought to advance on your behalf and on behalf of the group of Covered Workers in this lawsuit. The release of claims form was also enclosed. If you accepted this offer by cashing or depositing the enclosed check, you agreed to the terms of the enclosed release form, which means that you forfeited your right to initiate your own lawsuit for the released claims.

The notice is an important legal document, and we recommend that you read all of it. If you have questions or need assistance, please email us back or call 877-930-0968.

Read the notice to understand the Consent Decree. Then, decide if you want to:

Read on to understand the specifics of the Consent Decree and what each choice would mean for you.

CRD has investigated allegations that Microsoft engaged in unlawful employment practices related to protected leaves of absence in violation of California and federal law.

Microsoft denies that it engaged in any unlawful conduct. The parties agree the Consent Decree is not a finding or admission of wrongdoing.

This lawsuit was filed to resolve the case under the supervision of a judge.

You can get a complete copy of the full Consent Decree, including CRD's complaint, and other key documents in this lawsuit by visiting the Important Documents page.

The Court has not decided this case in favor of either side. In July 2024, before the lawsuit was filed, the parties agreed to settle, which means they reached an agreement to resolve CRD’s claims from its investigation into Microsoft. The settlement agreement is memorialized in a document called the Consent Decree, (available on the Important Documents page). Both sides want to avoid the risk and expense of further litigation. The settlement is on behalf of CRD and any Covered Worker who cashes or deposits their settlement check.

A Consent Decree is a type of settlement agreement that resolves a case under the supervision of a judge. It can provide money and sometimes changes to the practices that caused harm in the first place.

Microsoft agreed to pay $14,200,000.00 into a settlement fund. This money will be divided among the Covered Workers as described in FAQ 14 and will also be used to pay for the cost of administering this settlement.

Covered Workers who cash or deposit the check that was enclosed with their mailed Notice will release their claims as part of the settlement, which means they cannot sue Microsoft for the same issues in this lawsuit. The full terms of the release are enclosed with this notice. The settlement also includes a separate amount of $225,000.00 to settle CRD’s claim for attorneys’ fees and costs.

In addition, Microsoft has committed to provide enhanced training to its managers and human resources personnel concerning leaves of absence protected by California law generally and in connection with its annual Rewards process. The parties have also agreed to engage a third-party consultant who will evaluate Microsoft’s leave-related policies/guidelines in connection with (i) the determination of “impact” and recommending Rewards outcomes to ensure that these policies/guidelines consistently and expressly state that the time an employee is on protected leave shall not be counted against that employee in evaluating that employee’s impact; (ii) the calculation of bonus eligible salary (BES); and (iii) the investigation of employee complaints. The third-party consultant will recommend possible improvements.

If you were an employee of Microsoft in California and took one or more leaves of absence protected by California and/or federal law from May 13, 2017 to August 9, 2024, you may be a Covered Worker as defined in the Consent Decree and therefore part of this settlement.

No, CRD is not your lawyer. CRD is a party to the Consent Decree and is the plaintiff in the lawsuit filed in connection with the Consent Decree, and it represents the interests of the State of California, itself, and the public, but it does not specifically represent you or other Covered Workers.

CRD’s attorneys’ fees and costs are being paid as part of the settlement. You will not need to pay CRD any money.

You can deposit or cash the check that was enclosed with your mailed Notice to receive payment and be bound by the settlement as described in the Consent Decree, or you can do nothing. This chart shows the effects of each option:

If you do nothing, you will not get any money from this settlement between the government and Microsoft. However, you will also not be bound by the Consent Decree. This means you may be able to start, continue, or be part of any other lawsuit against Microsoft regarding the issues in this case. Please see the Consent Decree, which can be found on the Important Documents page, for a full description of the claims in this case.

Even if you choose not to participate in the settlement by not cashing or depositing the settlement check that was enclosed with your mailed Notice, the injunctive terms in the Consent Decree will still be implemented and will apply to all Microsoft workers for the duration of the Consent Decree.

If you cash or deposit the check that was enclosed with your mailed Notice within 180 days of the date on which it was issued, you will be bound by the settlement (as described in the Consent Decree, available on the Important Documents page) and the enclosed Release of Claims. You will not be able to start, continue, or be part of any other lawsuit regarding the claims released in this government lawsuit through August 9, 2024. More information about the claims you will release if you cash or deposit the enclosed check is provided in the enclosed Release form.

If you do not want to be bound by the settlement, do NOT deposit or cash the check.

Covered Workers each receive a minimum payment. Your check may also include an additional payment amount. Any additional payment amount was calculated solely at CRD’s discretion based on several factors, including days worked during the Settlement Period, your highest salary during the Settlement Period, and your taking of protected leaves of absence during the Settlement Period. You can review the determination of these factors as applied to you by visiting the Review Your Data page and enter your Unique ID and PIN from the Notice you received.

If you believe any of the information on that website is incorrect or have other questions regarding how your payment was determined, please contact the Settlement Administrator at 877-930-0968.

Possibly. Any money that is not accepted by Covered Workers by the deadline (within 180 days of the check’s date) will be redistributed through a second payment to all Covered Workers who accepted this first payment. That second payment will be made proportionately to all Covered Workers who accept their first payment, consistent with the Consent Decree.

You do not have to be part of this settlement.

If you do NOT cash or deposit the settlement check that was enclosed with your mailed Notice, you will not be a part of the settlement or receive payment. You will not be bound by this settlement and may be able to file your own lawsuit.

IMPORTANT: There are strict time limits for pursuing legal claims by filing an administrative complaint or a lawsuit. For employment discrimination claims under the Fair Employment and Housing Act (or FEHA), except in special and rare circumstances, an employee must file an administrative complaint with the California Civil Rights Department within three years from the date they were harmed. The time limit to file an employment discrimination administrative complaint with the federal Equal Employment Opportunities Commission (EEOC) for federal employment discrimination claims is three hundred (300) days from the date they were harmed. You may wish to consult an attorney to discuss your legal options.

The notice is a summary of the settlement contained in the Consent Decree. To get a hard copy of the Consent Decree or get answers to your questions:

• Visit the case website maintained by CRD at CalCivilRights.ca.gov
• Visit the Important Documents page of this website.
• Access the Court Record System online or by visiting the Clerk’s Office of the Court (address below).

PLEASE DO NOT CONTACT THE COURT OR THE JUDGE WITH QUESTIONS ABOUT THE SETTLEMENT

You may contact the Settlement Administrator by phone, email, or mail at the information listed on the Contact Us page. Please be prepared to provide documentary evidence concerning your eligibility.