Case addresses scope of EEOC charge, too - The Sixth Circuit has issued an opinion involving a number of class action and employment issues in a case arising out of an unusual fact pattern and convoluted procedural history....more
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
Disparate impact cases are different in kind from the far more common disparate treatment claims that are the staple of single-plaintiff discrimination cases. Disparate treatment claims, of course, are ones in which an...more
We’ve written before on the questionable statistics used by the U.S. Equal Employment Opportunity Commission (EEOC) in other cases, and a recent court of appeals case involving background checks suggests that the EEOC is...more
It’s hard not to feel sorry for the residents of Memphis, Tennessee. Depending on which source you consult, its violent crime rate hovers between three and four times the national average, and various publications describe it...more
My working title for this blog was “collective action grab bag,” concerning the recent Sixth Circuit case in Killion v. KeHE Distributors, LLC, Case Nos. 12-3357/4340 (6th Cir. July 31, 2014). I went with the title that...more
8/11/2014
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Interlocutory Appeals ,
Jurisdiction ,
Retailers ,
Unpaid Overtime ,
Wage and Hour
Relatively few FLSA cases are certified and then reach a court of appeals on the merits, but that recently happened before the Eight Circuit. In Petroski v. H&R Block Enterprises, LLC, Case No. 13-2076 (8th Cir. May 2, 2014),...more
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
Many employers, including the EEOC, use criminal background checks as part of their hiring processes....more
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
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 ,
Equal Employment Opportunity Commission (EEOC) ,
FRCP 23(b)(2) ,
Hiring & Firing ,
Predominance Requirement ,
Sex Discrimination ,
Summary Judgment ,
Title VII
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