It argued that the plaintiffs failed to take advantage of the "preventative and corrective opportunities" that Dell provides for its workers. It also denied that the suit was eligible for class-action status and asked the court to dismiss the case.

The outcome of discrimination cases can vary depending on diversity laws at the federal and state levels, said Aaron Maduff, a senior partner at . Courts in Texas and Louisiana tend to be more conservative and favor employers, he said.

Employers who believe they have a strong case sometimes fight claims of discrimination for years, Maduff said. Other employers prefer to settle to avoid litigation costs. "I've seen companies that will turn down settlement demands and then win the case, but they spent four to five times as much," he said.

The lawsuit against Dell accused it of segregating women into lower-grade positions with less pay and promotion than men who performed comparably or less well. A former senior HR manager, Mildred Chapman, was denied promotions or pay increases even though her responsibilities were equal to, or greater than, younger male directors, the lawsuit alleged. Dell denied those charges in its response.

It was also accused of "disproportionately terminating ... employees over the age of 40 in recent mass layoffs company-wide." Chapman's job was terminated as part of "mass layoffs" in April 2008, when she was 59.