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The Employment Discrimination Class Action Is Alive and Well

By Mark N. Reinharz and Jennifer Papas
April 28, 2008

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).

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