News & Analysis as of

Race Discrimination Class Certification

BakerHostetler

Illinois District Court Refuses to Certify Class Based on Anti-harassment Policy

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Most employers today have anti-harassment policies covering race, gender and other types of discrimination to help comply with state and federal antidiscrimination legislation and to take advantage of the affirmative defense...more

Seyfarth Shaw LLP

Illinois Federal Court Grants Class Certification To Cook County Department Of Corrections Applicants Based On Allegedly...

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Seyfarth Synopsis: On August 8, 2022, the U.S. District Court for the Northern District of Illinois granted Plaintiffs’ motion for class certification for a class of applicants who sought employment with the Cook County...more

Seyfarth Shaw LLP

Federal Court Extinguishes Firefighters’ Class Action Claims In Race Discrimination Lawsuit

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Seyfarth Synopsis: In Savage, et al. v. The City of Springfield, Case No. 3:18-CV-30614, 2022 LEXIS 124587 (D. Mass. July 14, 2022), a federal court in Massachusetts recently denied Plaintiffs’ motion for class...more

Proskauer - Law and the Workplace

7th Circuit Reverses Denial of Class Certification for Disparate Impact Subclasses

On January 6, 2022, the Seventh Circuit Court of Appeals held that the U.S. District Court for the Northern District of Illinois erred in denying class certification to putative subclasses of unsuccessful Black job applicants...more

Miles & Stockbridge P.C.

California Federal Court Reaffirms Standard for Establishing Commonality in Rule 23 Certification Under Title VII

On March 9, 2021, the United States District Court, Northern District of California issued a ruling in Handloser v. HCL Technologies Ltd., 19-cv-01242-LKH, 2021 WL 879802 (Mar. 9, 2021), applying the 2011 Supreme Court...more

Seyfarth Shaw LLP

Class Certification Denied In Bus Company Discrimination Suit

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Seyfarth Synopsis: The U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), still lords over employment discrimination class actions nearly a decade later. Indeed, Nelson, et al. v. Pace...more

DirectEmployers Association

Two Civil Rights Groups Sued The Trump Administration To Stop EO 13950

The National Urban League and the National Fair Housing Alliance, both which are covered federal Government contractors and federal grant recipients, filed suit in the federal District Court for the District of Columbia....more

ArentFox Schiff

COVID-19 Class Action Update: Employment, PPP, Business Interruption Insurance, and Airline Refunds Drive New Litigation

ArentFox Schiff on

In addition to battling class certification, businesses swept into these class actions may be faced with consolidation motions in multidistrict forums. The Arent Fox Class Actions group has been tracking COVID-19 class...more

Seyfarth Shaw LLP

Class Certification Granted In Staffing Company Workplace Bias Suit

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Seyfarth Synopsis: For nearly a decade, the aftershocks of the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes have curtailed the success of plaintiffs attempting to certify class discrimination claims in...more

Jackson Lewis P.C.

Personal Anecdotes And Perceived Disparity In The Workplace Insufficient To Certify A Class Action

Jackson Lewis P.C. on

A federal judge in Kentucky recently ruled that anecdotal accounts alone cannot support a class claim of discrimination without “substantial statistical evidence of company-wide discrimination.” Freeman v. Delta Air Lines,...more

BakerHostetler

Texas District Court Denies Certification of Claims Involving Claimed Racial Preferences in Requests to Staffing Agency

BakerHostetler on

Class not reasonably ascertainable - In the wake of major wage and hour decisions such as last week’s opinion in Epic Systems Corp. v. Lewis, it’s easy to forget that employers continue to face class-action claims in other...more

Proskauer - California Employment Law

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Seyfarth Shaw LLP

Cutting Class: Teachers’ Motion For Class Certification Denied In Race Discrimination Class Action

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Seyfarth Synopsis: Four African-American teachers alleged that their school district employer discriminated against them on the basis of race by failing to hire them as assistant principals, and filed a motion for class...more

Seyfarth Shaw LLP

D.C. Court Certifies Three Classes In Race Discrimination Class Action Involving Criminal Background Policy

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Seyfarth Synopsis: In a class action alleging that the criminal background policy of Washington D.C.’s local transit authority had a disparate impact on African-Americans, a federal district court recently certified three...more

Seyfarth Shaw LLP

U.S. District Court in Florida Decertifies a Class of Haitian Blueberry Pickers Because Class Members Sought Individualized...

Seyfarth Shaw LLP on

Seyfarth Synopsis: After certifying a class of Haitian blueberry pickers who asserted Title VII discrimination claims, Judge James Moody of the U.S. District Court for the Middle District of Florida issued a sua sponte order...more

Seyfarth Shaw LLP

Discrimination Class Certified Based On Union’s Job Referral Policies Despite Third-Parties’ Discretion In Hiring

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Seyfarth Synopsis: African American pipefitters filed a class action against their labor union based on its allegedly discriminatory system for referring jobs to union members. Despite the fact that third-party employers...more

Seyfarth Shaw LLP

Court Certifies Title VII Discrimination Case Based On Discretionary Decision-Making

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In Rollins v. Traylor Brothers, Case No. 14-CV-1414 (W.D. Wash. Jan. 21, 2016), Judge John Coughenour of the U.S. District Court for the Western District of Washington certified the claims of a class of workers alleging...more

Proskauer - California Employment Law

California Employment Law Notes - January 2016

Court Reverses $1 Million Discrimination Verdict Entered Against LA Fire Department - Jumaane v. City of Los Angeles, 241 Cal. App. 4th 1390 (2015) - Jabari Jumaane, an African-American firefighter with the Los...more

Fisher Phillips

What Should Employers Expect During The New Supreme Court Term?

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The first Monday in October is the traditional first day of a new U.S. Supreme Court term.  As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers.  Here is a review of...more

Alston & Bird

Class Action Round-Up: Summer 2015

Alston & Bird on

The big news this quarter is the U.S. Supreme Court’s acceptance of Tyson Foods, Inc. v. Bouaphakeo, an employment case likely to have major ramifications across the whole spectrum of class action litigation. The Court is set...more

Seyfarth Shaw LLP

Seventh Circuit Again Limits Application Of The Wal-Mart Ruling And Certifies Chicago Teachers’ Discrimination Claims

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In Chicago Teachers Union, Local No. 1, American Federation of Teachers, AFL-CIO v. Bd. of Educ. of the City of Chicago, Case No. 14-2843 (7th Cir. Aug. 7, 2015), the U.S. Court of Appeals for the Seventh Circuit reversed a...more

Carlton Fields

Laid-Off Chicago Teachers Clear Class Certification Hurdles

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In 2011, the Board of Education of the City of Chicago laid off over 1,400 teachers and paraprofessionals, all of whom belonged to the same union. The Board chose which schools would be subject to layoffs and it was then up...more

Carlton Fields

14 Days Or Bust: Fourth Circuit Bolsters “Rigid And Inflexible Rule” For Appealing Certification Orders

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Artful attempts to appeal a class certification order beyond fourteen days will not impress the Fourth Circuit. In Nucor, the district court certified two classes relating to substantive allegations of racial discrimination....more

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