Workplace Class Action Blog

Monthly Archives: April 2012

Mining Discrimination Charge Data: What Your EEO-1 Reports Aren’t Telling You

Posted in Class Action Litigation

By Rebecca Pratt Bromet

We often receive the question – “What is the best way to avoid workplace class action litigation?”

That answer is deceptively simple – “Don’t get sued.”

In other words, identify your potential vulnerabilities, remediate those issues, and decrease the potential for ever getting sued. 

What Are The Numbers To Examine? 

To that end, when asked “where … Continue Reading

Plaintiffs’ “No Poaching” Antitrust Class Action Claims Survive Motion To Dismiss

Posted in Class Action Litigation

By Timothy F. Haley and Laura Maechtlen

Antitrust claims are not unknown or uncommon anymore for employers.  We have previously blogged about how workplace antitrust claims are coming into vogue for the plaintiffs’ class action bar.

The recent decision in In Re High-Tech Employee Antitrust Litigation, No. 11-CV-02509-LHK, 2012 U.S. Dist. LEXIS 55302 (N.D. Cal., Apr. 18, 2012), illustrates this trend.

Introduction Continue Reading

Stop The Presses – The EEOC Releases New Enforcement Guidance On Arrest And Conviction Records In The Hiring Process

Posted in EEOC Litigation

By Pamela Devata and Frederick Smith

Today, by a 4 to 1 vote of its Commissioners, the EEOC published its long-awaited and much-anticipated Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. After the Commissioners’ vote, the EEOC issued a press release about the Guidance along … Continue Reading

District Court Dismisses Class Action In Favor Of Bilateral Arbitration In Favorable Ruling For Employers

Posted in Class Action Litigation

  By Gerald L. Maatman, Jr., Jennifer Riley, and David Ross

On April 18, 2012, U.S. District Judge F. Dennis Saylor IV issued a decision in Karp v. Cigna Healthcare Inc., No. 11-CV-10361 (D. Mass. Apr. 18, 2012), granting a defense motion to compel bilateral arbitration of the Plaintiff’s claims in a proposed $100 million gender discrimination class action against Cigna. The ruling applies … Continue Reading

Iowa State Court Rejects Theory Of Unconscious Bias And Disparate Impact Class Claims In Bellwether Ruling

Posted in Class Certification

By David Kadue, Gerald L. Maatman, Jr., Jennifer Riley, and David Ross

When one thinks of the judicial venues responsible for leading class action rulings, the District Court of Polk County, Iowa, does not immediately come to mind. Judge Robert Blink’s opinion of April 17, 2012, however, has put Polk County on the class action map. His … Continue Reading

Scholarship On 2011-2012 Class Action Trends: We Regret To Inform You That Class Actions Are Not “Dead”

Posted in Class Action Litigation, Class Certification

By Laura J. Maechtlen

We were honored to present today on workplace class action issues at the Annual Conference of the Risk and Insurance Management Society (RIMS) in Philadelphia with Thomas P. Hams, EPLI Practice Leader at Aon Risk Solutions, and Nicole Franzese, Senior Risk Manager at Best Buy Co., Inc. RIMS is the largest insurance-based educational meeting in the … Continue Reading

Collective In Bargaining, Yes, But Insufficient Evidence To Support Class Treatment (For Now): Individual Union Members Fail In Their First Bid For Class Certification Against Service Employees International

Posted in Class Certification

By Laura Maechtlen and Brian Wong

This past week the U.S. District Court for the Northern District of California issued a decision denying class certification in Herrera et. al. v. Service Employees International Union Local 87, No. 3:10-CV-01888-RS (N.D. Cal. April 10, 2012), in which Plaintiffs alleged that their union violated Title VII and the California Fair Employment and Housing … Continue Reading

Wait! Don’t Tell Me! – Court Finds That An Employer Raised Appropriate Challenges To Class Claims At The Wrong Time

Posted in Class Action Litigation

By Gerald L. Maatman, Jr., Chris Palamountain, and David Ross

As quiz shows go, we believe that NPR has created the most honest one. The pauses designed to give the home player a chance to answer before the reveal are not engineered with lights and buttons and coy invitations from the host. Instead, the home audience is treated … Continue Reading

The Eighth Circuit Makes It Tougher To Mount An ADEA Challenge In Litigation Over Pension Plan Benefits

Posted in Uncategorized

By Mark Casciari and Alexis Hawley

In Northwest Airlines, Inc. v. Phillips, Case No. 11-1730, 2012 U.S. App. LEXIS 7072 (8th Cir. Apr. 9, 2012), the U.S. Court of Appeals for the Eighth Circuit recently issued an important decision for employers on the application of the Age Discrimination in Employment Act (ADEA) to employee pension benefit plans. In the current … Continue Reading

The Marginalization Of Dukes In Class Litigation Based On Discretionary Decision-Making

Posted in Class Certification

By Gerald L. Maatman, Jr. and Jennifer Riley

The plaintiffs’ class action bar continues in its search for “re-booting theories” to workaround Wal-Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541 (2011). Our blog has commented on this phenomenon and the courthouse scorecard to date as judges confront and rule upon these attempts (read more here, here, here and … Continue Reading