Archives: Title VII

Sixth Circuit Remands Memphis Title VII Disparate Impact Case, Yet Again

By Greg Mersol on November 26, 2014 Posted in Discrimination, Title VII

It’s hard not to feel sorry for the residents of Memphis, Tennessee. Depending on which source you consult, its violent crime rate hovers between three and four times the national average, and various publications describe it as one of the top 10 most violent cities in the United States. As we’ve commented previously, its fire department has … Continue Reading

District Judge Allows Rail Union to Side Step Rule 23 with Pattern-Or-Practice Claim

By John Lewis on October 14, 2014 Posted in Discrimination, Rule 23, Title VII

A federal district judge in Hammond, Indiana, has permitted a rail union to pursue injunctive remedies in a Title VII pattern-or-practice discrimination claim on behalf of its black members without compliance with Rule 23. In Brotherhood of Maintenance of Way Employees v. Ind. Harbor Belt R.R. Co., (Case No. 2:13-cv-00018, 2014 WL 4987972,October 7, 2014), … Continue Reading

Sixth Circuit Approves Fee Award Against the EEOC for Meritless Criminal Record Action

By John Lewis on October 15, 2013 Posted in EEOC, Title VII

A divided Sixth Circuit panel affirmed the district court decision in EEOC v. Peoplemark, Inc., (Case No. 11-2582) assessing fees and costs against the Equal Employment Opportunity Commission (“EEOC”) totaling $751,942.48 for continuing to pursue an action it knew to be meritless. On September 29, 2008, the EEOC had filed an action against Peoplemark, Inc., … Continue Reading

Multiple Courts Criticize EEOC Behavior In Class Cases

By Greg Mersol on October 7, 2013 Posted in Discrimination, EEOC, Retail, Title VII

Over the last 5 years, the EEOC has become increasingly aggressive in the bringing and pursuit of broad initiatives and, in particular, class litigation. Cynics can debate whether this springs from a desire to make a difference or one to bully employers through litigation costs into abandoning lawful practices that are not to its liking, … Continue Reading

Sixth Circuit Affirms Injunction In Strange Failure To Promote Case

By Greg Mersol on July 31, 2013 Posted in Discrimination, Title VII

Here’s a weird one. Employers originally began using standardized tests to try to find a more objective and hopefully accurate way to select the best candidates for promotion and hire. Over time, however, such tests have also been used to avoid disputes, contractual, statutory, or otherwise, over whether they have selected the right candidate. Put … Continue Reading

Tenth Circuit Affirms Refusal To Certify Sex Discrimination Class

By Greg Mersol on January 24, 2013 Posted in Discrimination, Title VII

Hilti, Inc. sells power equipment for use in construction sites. A quick trip through its website (http://www.us.hilti.com) reveals tools most people wouldn’t have in their home workshops, such as 1100-watt demolition hammers, gas-powered fasteners, and cordless drywall screwers. Given this product mix, as one might expect, an important part of its sales consists of direct … Continue Reading

New Jersey Court Denies Certification of Large Sex Discrimination Class in Light of Dukes

By Greg Mersol on January 3, 2012 Posted in Class Certification, Title VII

In Dukes v. Wal-Mart Stores, Inc., 131 S. Ct. 2541 (2011), the Supreme Court held that it was error to certify a class of 1.6 million women alleging sex discrimination in employment. But what about a smaller, yet still enormous class? In Bell v. Lockheed Martin Corp., Case No. 08-6292 (RBK/AMD) (Dec. 14, 2011), the … Continue Reading

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

By Greg Mersol on June 27, 2011 Posted in Discrimination, Rule 23, Title VII

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

Seventh Circuit Affirms Denial of Certification in Equal Pay Act/Title VII Gender Case

By Greg Mersol on April 14, 2011 Posted in FLSA, Title VII

Decades ago, Rolls-Royce drew some attention for contending that its cars did not “break down,” but, rather, “failed to proceed.” In a recent case from the Seventh Circuit, a putative class action against that company not only “failed to proceed,” but broke down utterly. In Randall v. Rolls-Royce Corporation.pdf., Case No. 10-3446 (7th Cir. Mar. … Continue Reading

EEOC Must Attempt Conciliation of Class-Wide Claims Before Litigating Them

By Greg Mersol on September 28, 2010 Posted in Title VII

Litigation involving the EEOC and class-type claims differs significantly from those brought by individual class members. As the Supreme Court recognized in EEOC v. Waffle House, 534 U.S. 279 (2002), because of the governmental interest in rooting out discrimination, many of the rules that might limit claims brought by individuals may not apply to litigation … Continue Reading

A Late Addition to the Roster: Paycheck Fairness Act Finally Appears in the Senate

By Jeffrey Vlasek on September 15, 2010 Posted in Title VII

With the Senate a mere four weeks away from adjournment for campaign season, Senate Majority Leader Harry Reid turned a few heads when he reintroduced the Paycheck Fairness Act (S. 3772) to the legislative calendar on September 14th. The Act, which earlier this summer President Obama called a “common sense bill,” is intended to update … Continue Reading

The Dukes Decision Does Not Apply To Overtime Misclassification Claims

By Greg Mersol on June 16, 2010 Posted in Class Certification, Discrimination, FLSA, Overtime Claims, Title VII

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