Archives: Discrimination

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Court Dismisses Class Race Claims for Failure to Raise in Charge

Illinois District Court Refuses to “Supersize” Race Discrimination Claims Against McDonald’s In this day and age when discrimination lawsuits are commonplace, it is all too easy to forget that Title VII was passed in the hopes that discrimination claims could and would be resolved outside of court.  When Congress enacted Title VII, it expressly included … Continue Reading

Pattern-or-Practice Claim Doesn’t Trump Arbitration Agreement – Karp v. CIGNA Healthcare Inc.

Once again a court has been required to consider whether a federal statutory claim might limit the reach of the Federal Arbitration Act, 9 U.S.C. § 1 et. seq. (“FAA”), and prevent arbitration of an individual discrimination claim.  This twenty-two-page decision reflects the on-going struggle by plaintiffs to discover potential exceptions to the U.S. Supreme … Continue Reading

Court Dismisses EEOC ADA Class Action Complaint Under Twombly

A recent decision from the United States District Court for the Northern District of Illinois contains three important lessons for employment class action litigation. The first is that disability cases, such as those under the Americans with Disabilities Act, are particularly hard to prosecute as a class. The second is a reminder that the parties, even if the … Continue Reading

When Does “Silence” Become “Implicit” Agreement? The Saga of Jock v. Sterling Jewelers, Inc.

A recent Second Circuit decision has renewed the debate over when silence in an arbitration agreement can form the basis for class proceeding.  On July 1, a divided Second Circuit found that an arbitrator did not exceed her authority in ruling that an employment arbitration agreement that did not specifically address class proceedings “permitted the … Continue Reading

Court Certifies Class of Black New York City Firefighters In Remediation Phase of Case

A recent case from the Eastern District of New York reflects that race discrimination class actions can be brought, and also reflects the type of claim which will likely still survive in the wake of last week’s Supreme Court decision in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. ___ (2011). (See our June 20 post on the … Continue Reading

Sixth Circuit Dismisses Class Action ADA Case

Class actions alleging disability discrimination are rare.  In addition to the challenges posed in other types of cases, efforts to cobble a class together face an additional layer of problems relating to the identity of the class itself.  Unlike a sex discrimination case, for example, in which a class may be defined by a single … Continue Reading

Sixth Circuit Affirms Summary Judgement in Multiple-Plaintiff Firefighter Case

Litigation often begets more litigation. A recent decision of the United States Court of Appeals for the Sixth Circuit reflects that even 35 years after it thought it settled a lawsuit regarding the hiring and promotion of officers in its fire department, the City of Memphis, Tennessee is still embroiled in litigation involving some of … Continue Reading

$175 Million Settlement in Sex Bias Class Action

While most employment class actions today address overtime or independent contractor issues, discrimination actions are still alive and very dangerous for employers. Last May, a New York jury awarded $3.4 million in compensatory damages, and $250 million in punitive damages against pharmaceutical company Novartis in a case alleging sex discrimination involving sales representatives. That’s a … Continue Reading

The Dukes Decision Does Not Apply To Overtime Misclassification Claims

In the weeks following April 26, 2010, en banc decision of a deeply divided Ninth Circuit in Dukes v Wal-Mart Stores.pdf, 603 F.3d 571 (9th Cir. 2010), plaintiffs have predictably argued that the opinion justifies the certification of classes of virtually any size, including those in the overtime/misclassification arena. The case, however, does not apply … Continue Reading
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