115,000 Women May Share in a $26-Million Bias Settlement

As many as 115,000 women who were denied unemployment benefits in California between 1968 and 1976 will share $26 million in a settlement of a longstanding discrimination suit, state officials announced Friday.

The payments of up to $1,200 each are the result of an action filed by Betty Ann Boren, a Kern County woman who quit her waitress job because she was unable to find child care.

Her 1972 unemployment insurance claim was denied because she was not “the sole or major source” of her family’s income. Also at issue was her reason for leaving the job. The state argued that inability to find child care was not a cause of unemployment covered under the unemployment insurance program.

But in 1976, the courts agreed that the key section of the state unemployment insurance code violated the state Constitution because it discriminated against women.

The final settlement of the Boren case has been slow in coming, however, largely because of a technical dispute over whether the case could be filed on behalf of all individuals who were affected by the unconstitutional provision.

In 1981, the California Supreme Court agreed that the suit could cover everyone affected.

Some Men Affected

The group denied benefits under the unconstitutional code section probably includes a small number of men, according to Carla Goodman of the Employment Development Department, which administers the unemployment insurance program.

Those who believe they are eligible for payments because of rejected claims can apply for a share of the settlement between June 3 and Aug. 31, she said.

Beginning June 3, the necessary claim forms will be available in post offices throughout the state. Officials are asking that affected individuals not contact the department.

A $160,000 campaign involving public service announcements on television and radio, advertisements in state and national women’s magazines and posters and other displays will solicit claims from eligible persons.

The amount of payments will depend on the number who present legitimate claims and will vary with salaries and time on the job before the period of unemployment.

The state has hired an independent accounting firm to evaluate claims and make payments, which are are not expected to be made until late in 1986.