WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on
Dec. 6 agreed to consider only one question in the appeal filed by Walmart
seeking to overturn a California federal judge's decision to certify a class of
more than 1 million current and former female employees who claim that the
By Mona M. Stone
This Emerging Issues Analysis by attorney Mona Stone explores the issue of credit checks and discrimination.
“Can an employer be sued based on its use of credit checks during hiring? Yes, at least according to the Equal Employment Opportunity Commission (EEOC),” writes...
Avoiding Liability for Retaliation
by Bernard J. Bobber
Retaliation claims are proliferating and are unlikely to
subside anytime soon. The EEOC reported that in its last fiscal year,
retaliation claims were the most common type of claim asserted in new charges.
Some 36 percent of the nearly 100...
Yesterday, the Supreme Court unanimously reversed the
certification of the class action in Wal-Mart Stores, Inc. v. Dukes ( discussed here ) . Recall that Dukes
sought the certification of a nationwide class of 1.5 million female Wal-Mart
employees allegedly denied pay and promotions because of a...
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on
June 20 reversed certification of a class of more than 1 million current and
former female employees of the nation's largest retailer after finding that
certification was not consistent with Federal Rule of Civil Procedure 23(a) ( Wal...
On June 20, 2011, the U.S. Supreme Court issued its
decision in Wal-Mart Stores v. Dukes ( an enhanced version of the opinion is available to lexis.com
subscribers. ), which overturned certification of a class of 1.5 million
current and former female Wal-Mart employees alleging gender discrimination...
I thought that I had my final say on Wal-Mart v. Dukes yesterday . Then, I read more of
the commentary on the decision. For example, this clip from MSNBC argued that
the Wal-Mart case marks the end of women's equality in the workplace:
Or consider this quote, courtesy of Joanne Bamberger at...
On June 20, 2011, the United States Supreme Court sided
with Wal-Mart in a long-awaited decision regarding standards that apply to
class action cases. The new opinion makes it harder for plaintiffs to obtain
The case was brought by three female Wal-Mart employees
Today's case is not about the facts, which are brutal, but rather on an issue of statutory interpretation. In Hernandez-Miranda v. Empresas Diaz Masso, Inc. , 2011 WL 2557012 (1st Cir. June 29, 2011), a woman sued for gender discrimination related to sexual abuse. According to Plaintiff, she was...
I talked last week with Steve
Berstler , the producer and anchor of LexisNexis® Legal News audio podcasts,
regarding the Supreme Court's decision in Wal-Mart v. Dukes . The
highlights of our conversation are featured in the Legal News Podcast for June 21, 2011 .
As discussed in the podcast...
Last Friday, Labor Secretary Hilda Solis released the
following statement about the Dukes v. Wal-Mart decision on the DOL's Work in
Progress blog :
The Court's decision in the Walmart lawsuit made no
ruling on whether America's largest employer engaged in unlawful pay
By: A. Peter Brodell, Turner A. Broughton
& Joseph R. Pope
On June 20, 2011, the United States Supreme Court issued
its much anticipated Wal-Mart v. Dukes, 2011 U.S. LEXIS 4567 [ an enhanced version of this opinion is available to lexis.com
subscribers / unenhanced version available from lexisONE...
By Arthur Silbergeld and Jessica Boar
Article : On June
20, 2011, the Supreme Court reversed the Ninth Circuit's decision in Dukes v.
Wal-Mart, a death knell for one of the most expansive class actions in history.
It would have included approximately 1.5 million current and former female
When it comes to the pay gap between men and women, I am a skeptic.
Well, wait a minute. Let me try that again. I'm not skeptical about the existence of the pay gap. I'd be a fool to deny all that cold, hard reality. I just don't think it's usually a result of sex discrimination. Nearly...
A Georgia sanitation company fired its only female
supervisor because of her sex, the U.S. Equal Employment Opportunity Commission
(EEOC) claimed in a lawsuit.
Stellar Management Group, Inc., which does business as
QSI, provides cleaning crews for meatpacking plants. According to the EEOC, its...
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a gender-based discrimination suit against Industrial Labor Management Group, Inc. (ILM).
The suit, filed in the U.S. District Court for the Middle District of Tennessee, alleges that ILM refused to refer qualified female applicants...
Nearly three years after a former junior-partner at venture capital firm Kleiner Perkins Caufied & Byers LLC filed her lawsuit alleging gender discrimination and retaliation, the jury trial appears set to begin next week.
As a general matter, jury trials of civil discrimination claims are presumptively...
“I like it when the judge calls me ‘honey’ – that means he’s going to grant my motion.” — Quote from real female attorney I know, circa 1990.
Does the court system discriminate against women lawyers? Could be!!!!
Anyway, that’s what a couple...
Women's Equality Day – proclaimed each year on August 26 to commemorate the granting of the vote to women throughout the country. For women in the United States, while the right to vote was enacted 95 years ago the idea of women’s equality is still a long-standing issue.
In fact, it...
Yahoo’s CEO Marissa Mayer announced this week that she is expecting twin girls , and Yahoo’s stock reportedly took an immediate dive . ( H8rs! ) Mayer said that she plans to take only two weeks off, and she can probably manage that because she has a nice nursery right off her CEO office....
by Rich Ehisen
When President John F. Kennedy signed the Equal Pay Act in June 1963, lawmakers believed the measure would ensure the simplest of concepts: that female workers would be paid the same as their male colleagues for doing the same work. But while the gender pay gap has narrowed, more than...