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Goldman Sachs Argues Dukes Ruling
Goldman Sachs struck out in July when it cited the U.S. Supreme Court's decision in Concepcion v. AT&T Mobility in an attempt to defeat part of a high-profile sex discrimination class action. Luckily, the Supreme Court issued more than one big ruling on class actions in its last term.
Now Goldman's lawyers have cited Dukes v. Wal-Mart Stores to try to extinguish the plaintiffs' class discrimination claims altogether. In a 19-page motion based almost entirely on Dukes, Goldman urged a Manhattan federal district court judge to strike class claims brought by three former female employees, asserting that they “mimic” the Dukes plaintiffs' failed class allegations. The Dukes decision “redefined the employment landscape,” Goldman argues, ensuring that the women's claims “cannot survive.”
The suit has been a major legal and public relations headache for Goldman ever since lawyers for the former employees at Outten & Golden and Lieff, Cabraser, Heimann & Bernstein filed it. The three named plaintiffs seek to represent all current and former female Goldman Sachs associates, vice presidents, and managing directors. They accuse Goldman of paying men more and promoting them more often than female employees.
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