Tag Archives: “pattern and practice claims”

Ninth Circuit Reverses District Court’s Refusal To Certify Age Discrimination Class

By Greg Mersol on May 7, 2014 Posted in Discrimination, Rule 23

The most famous, if fictional, San Francisco police Inspector was, of course, Inspector Harry Callahan of the Dirty Harry succession of Clint Eastwood films. The first Dirty Harry movie came out in 1971when its star, known then chiefly by his roles in westerns, was 41 years old. There were a total of five films with … Continue Reading

Sixth Circuit Rejects EEOC’s Expert Evidence In Proposed Pattern Or Practice Class Action Litigation

By Todd Dawson on April 14, 2014 Posted in EEOC

The EEOC learns what it’s like to be the statue and not the pigeon. The EEOC can’t seem to catch a break these days. After a string of recent cases in which the agency has been forced to pay employer attorneys’ fees for bringing frivolous claims, the most recent zinger came from the Sixth Circuit … Continue Reading

Sixth Circuit Gets it Wrong on Title VII Pattern or Practice Claims

By Greg Mersol on November 26, 2012 Posted in Discrimination

The “frappe” button on a blender is useful for all kinds of recipes when you want to mix things up, but it, until now, has not been considered a viable rule of statutory construction. We’ve written before (previous post) about Title VII’s structure and, to a degree, its legislative history. The statute provides a number … Continue Reading

Texas Court Dismisses EEOC Pattern or Practice Claim

By Greg Mersol on June 15, 2012 Posted in Discrimination, Retail

This blog relates to a highly technical and, in some respects, dry material, so let’s try to avoid getting overly legalistic. Introduced back in the 1970’s, a line of children’s clothing called Garanimals was popular with parents. The idea was that you could buy the Garanimals clothing and not worry about your children wearing patterns … Continue Reading