The Retailer - August 2011


In this issue: Retailer’s Recap; Noteworthy Numbers; News and Analysis; Ka-Ching! EEOC Raking it in on ADA Cases; Make Sure Your “Paws” Know the Laws and Other Lessons from Staub; Is Abercrombie Cracking Down on Religious Garb?; and Sorry, Only One to a Customer: Good News on Damages Caps Under Title VII.

Excerpt from 'Retailer's Recap':

Wal-Mart class victory is a victory for all retailers. The Supreme Court’s decision in Wal-Mart v. Dukes is a win for all employers, but particularly retail employers. In essence, the Court affi rmed that members of a putative class must have enough in common with each other that it makes sense to treat them as “one” for purposes of the litigation. The Court also said that individualized claims for relief, including monetary damages and injunctions, must proceed under rules that allow putative class members to “opt out” and that provide procedural safeguards for defendants. The plaintiffs had sued for sex discrimination, but Wal-Mart prevailed by showing that its corporate policy prohibited discrimination and that employment decisions were delegated to individual store managers. Under these circumstances, the Court said, it would not have made sense to treat the case as a nationwide class action.

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