Over the last 24 hours, there’s been a lot written about the Supreme Court’s decision yesterday in Wal-Mart Stores v. Dukes. Frankly, all of them are starting to say the same thing: The decision is going to hamper all class-action discrimination cases going forward.
But that statement tends to simplify the decision a bit too much. In my view, what the decision stands for is that it will be increasingly unlikely that the mega-class action (the one that covers an entire company) will be able to proceed without a very specific and tangible practice or policy that the plaintiffs can point too.
What types of things are we talking about? Well, it would be unlikely, but suppose a company had a mandatory retirement age of 60 but without a legitimate basis for doing so. In essence, it was a company-wide practice of discriminating against older workers. That type of class action will probably survive.
Continue Reading Wal-Mart v. Dukes: What The Class-Action Decision Really Means for Employers