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Distinguishing Dukes: Another Victory For Employment Discrimination Class Actions
Class Actions, Employment Discrimination Teddy Basham-Witherington Class Actions, Employment Discrimination Teddy Basham-Witherington

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. 

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