Greg Mersol

Greg Mersol

BakerHostetler

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Fourth Circuit Argues With Itself Over Dukes' Application

While commentators can, and often do, debate fine points regarding the technical elements of a class action claim, the result in a given case is often dictated by a more fundamental concern. That issue is whether the judge...more

10/24/2013 - Class Action Discrimination Dukes v Wal-Mart Gender Discrimination Rule 23

Multiple Courts Criticize EEOC Behavior In Class Cases

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...more

10/8/2013 - Class Action Discrimination EEOC Good Faith Sanctions Title VII

Michigan District Court Dismisses Disability Disparate Impact Class Claim

Class action lawsuits alleging disability discrimination are uncommon, and those involving disparate impact claims are less common still. This is due, in part, to the fact that unlike other types of discrimination claims, a...more

9/27/2013 - Class Action Disability Discrimination Discrimination Disparate Impact Hiring & Firing Obesity

Maryland Court Rejects EEOC Challenge To Criminal Background Checks

Many employers, including the EEOC, use criminal background checks as part of their hiring processes....more

8/19/2013 - Compliance Criminal Background Checks Discrimination EEOC Employer Liability Issues Hiring & Firing

Sixth Circuit Affirms Injunction In Strange Failure To Promote Case

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....more

7/31/2013 - ADEA Discrimination Hiring & Firing Proficiency Testing Title VII

Sixth Circuit Affirms Refusal to Certify Disparate Impact Sex Discrimination Case

On May 30, 2013, the Sixth Circuit issued its decision in Davis v. Cintas Corporation, Case No. 10-1662 (6th Cir. May 30, 2013), in which it upheld a district court’s refusal to certify a disparate impact Title VII case, but...more

6/1/2013 - Class Action Commonality Discrimination Disparate Impact Dukes v Wal-Mart EEOC Hiring & Firing Predominance Requirement Rule 23(b)(2) Sex Discrimination Summary Judgment Title VII

Ohio District Court Dismisses EEOC Suit Challenging Credit Check Policies

Anyone looking for a case rich in irony need look no further than EEOC v. Kaplan Higher Learning Edu. Corp., Case No. 1:10 CV 2882 (N.D. Ohio, Jan. 28, 2013). Kaplan provides, among other services, online college training,...more

2/13/2013 - Background Checks Credit Reports Discrimination EEOC Hiring & Firing Kaplan Race Race Discrimination

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

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...more

11/26/2012 - Discrimination EEOC Title VII

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