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Companies in the Crosshairs

By Joseph M. Sellers and Julie Reiser
April 27, 2005

In the past year, large settlements of “pattern or practice” employment discrimination claims against Boeing and Abercrombie & Fitch and the certification of the largest civil rights class action in American history against Wal-Mart Stores have prompted questions about what employers can do to avoid being the next target.

Employee discrimination attorneys do not generally give legal advice to employers. But as lead or class counsel in more than 30 of these cases, including the Wal-Mart and Boeing cases, we can offer clues to the workplace practices that cause particular employers to become the subject of careful investigation and, in some cases, the target of litigation.

Since the purpose in bringing these cases is to change employer behavior as well as to obtain relief for clients, the hope is that the advance notice provided here will encourage prudent employers to modify their practices. Many clues are examined in determining whether an employment practice is suitable to class litigation.

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