Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The Employment Discrimination Class Action Is Alive and Well
Just when some thought it might be safe to presume that class action discrimination lawsuits under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act were on the wane, several recent decisions involving the huge retailer, Wal-Mart, Inc., should give many employers pause for thought. In February 2007, the Ninth Circuit Court of Appeals upheld the lower court decision that had certified a nationwide class of approximately 1.6 million current and former female employees who had worked at one or more of Wal-Mart's 3,400 stores throughout the United States. Dukes v. Wal-Mart Stores, Inc., 474 F.3d 1214 (9th Cir. 2007). On Dec.11, 2007, the U.S. Court of Appeals for the Ninth Circuit issued a modified opinion, clearing the way for a reduction of the number of class members, while also clarifying its holding approving class certification. Dukes, Case No. 04-16688.
Moreover, on May 16, 2007, the United States District Court for the Eastern District of Arkansas certified a class of black truck drivers who either were rejected for jobs from Wal-Mart or were deterred from applying because of the company's 'word-of-mouth' recruitment policy. Nelson v. Wal-Mart Stores, Inc., Nos. 2:04-CV00171, 2007 WL 1443114 (E.D. Ark. May 16, 2007).
The recent prevalence of class actions in employment discrimination cases is surprising to some. Indeed, the passage of the 1991 Civil Rights Act was viewed by many as a step toward stifling class action litigation of cases alleging intentional discrimination. In 1991, buttressed by a belief that additional remedies under Federal Law were needed to deter intentional discrimination in the workplace, Congress made punitive and compensatory damages available to plaintiffs claiming intentional discrimination. See 42 U.S.C. ' 1981a(a)(1). In addition, Congress provided that either party to a claim is entitled to request a jury trial. See 42 U.S.C. ' 1981a (c). Both the additional damages provisions and the entitlement to request a jury trial bring into question the continued viability of the class action as a vehicle for alleging intentional discrimination.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.