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U.S. High Court to Hear Walmart Gender Discrimination Suit

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 nation's...

Employers Beware: Credit Checks May Expose You to Unwanted Discrimination Claims

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...

Foley & Lardner Labor and Employment Law Weekly Update (Week of April 11, 2011)

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...

The 7 Key Points for Employers from the Supreme Court’s Wal-Mart v. Dukes Opinion

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...

Supreme Court Reverses Certification Of Wal-Mart Gender Class

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...

Supreme Court, in Wal-Mart Employment Discrimination Case, Changes the Landscape of Class Action Litigation

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...

Wal-Mart v. Dukes Does Not Equal Barefoot and Pregnant

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...

Foley & Lardner Alert: Supreme Court Raises Bar for Class Action Plaintiffs in Wal-Mart v. Dukes

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 class certification. The case was brought by three female Wal-Mart employees (current...

Caps and Damages

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...

Employment Law – Class Action Update

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...

Apparently It’s a Short Trip from Wal-Mart to Breast Feeding

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 discrimination...

Williams Mullen Alert-Class Dismissed: Supreme Court Rejects Title VII Class Certification in Wal-Mart v. Dukes and Provides Guidance on Important Class Action Issues

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...

Wal-Mart v. Dukes: The Supreme Court Slams the Door on Nationwide Class Action

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 Wal...

Do You Have a Gender-Based Pay Gap? If So, You'll Have Some Explaining to Do

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...

Sanitation Company Fired Supervisor for Being Female, EEOC Claims

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...

Employment Staffing Agency Sued by EEOC for Sexual Discrimination

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...

Will Employer’s Attempt to Keep Ellen Pao Discrimination Trial Secret Work?

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...

Women Aren’t Lead Counsel as Often as Men – It’s Gotta Be Bias!

“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...

The Women’s Suffrage Movement 95 Years Later & Still Asking: Equality When? [Infographic] #WomensEqualityDay

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...

Can an Employee Be Fired For Having Too Many Kids?

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....

Growing Number of States Taking Steps to Fight Gender Pay Inequity

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...