PRACTITIONER BLOG
Read our analyses of developments in Impact Litigation and stay current on class action law
Celebrating 7 Years of the Legal Network for Gender Equity at the National Women’s Law Center
In January 2017, the National Women’s Law Center (NWLC) created the Legal Network for Gender Equity to provide support to survivors of sex harassment and discrimination at a time when many people saw on the horizon imminent and unprecedented threats to the rights of women and girls. Attorneys who join the Legal Network agree to provide free legal consultations to people who NWLC connects to them on matters relating to sex discrimination in employment, education, and healthcare settings. So, if you are not already a member, I invite you to join the Legal Network for Gender Equity – which turns 7 in January! - and to invite your colleagues to do the same.
RESPONDING TO THE RESTRICTION OF EMPLOYMENT DISCRIMINATION CLASS ACTIONS
The arc of employment discrimination class action law is bending away from justice. As a result, plaintiffs’ lawyers frequently have to self-censor, generally in the opening complaint or the class certification motion, or as we did in Simpson at the 23(f) stage. Maximizing the chances for certification may require defining the class or multiple small classes so as to eliminate potential class members, claims, or forms of relief. Unfortunately, this type of self-censorship deprives employees of the possibility of obtaining the types of broad reforms that we were once able to achieve and hopefully can again pursue in the future as the law evolves.
Distinguishing Dukes: Another Victory For Employment Discrimination Class Actions
Employers have consistently taken the position that challenges to employment processes that involve some element of subjectivity – and most do – cannot be brought on a class basis after Dukes. According to the logic of this argument, only non-discretionary evaluation measures, such as standardized tests or physical fitness tests, will satisfy commonality under Rule 23(a). Fortunately, a recent opinion from the Southern District of New York joins the growing list of decisions rejecting this extreme position.
SCOTUS Amicus Brief: Class Actions Vital To Equal Opportunity In Employment
A fair workplace, free from discrimination, is an American ideal. Many of our nations F500 companies reflect this value in their forward-facing materials and practices, but sadly, at the contractual level with workers, the promise of an even playing field gets tilted…
That’s why, on August 17, 2017, together with NAACP Legal Defense & Educational Fund and Cohen Milstein Sellers & Toll PLLC, we filed an amicus brief in the U.S. Supreme Court in National Labor Relations Board v. Murphy Oil USA.