The Labor & Employment Blog is a forum for practitioners and Bloomberg BNA editors to share ideas, raise issues, and network with colleagues.
Friday, August 9, 2013
by Patrick Dorrian
Wal-Mart Stores Inc. and trucking company CRST Van Expedited Inc. were among the big winners over the past few weeks in what was a successful stretch for employers in defending against workplace bias claims.
Wal-Mart, in the continuation of the landmark sex discrimination class action that made it to the U.S. Supreme Court, defeated an attempt by a group of approximately 150,000 women working in about 250 Wal-Mart and Sam's Club locations in California to obtain class certification.
In their review of Dukes v. Wal-Mart Stores, Inc., the justices overturned the certification of a class of up to 1.5 million female current and former employees in 3,400 stores nationwide.
In the new decision, the U.S. District Court for the Northern District of California found the same flaw the Supreme Court identified--the named plaintiffs failed to establish the common question of law or fact needed to support class certification under federal procedural rules.
CRST's win involved the award to the company of almost $4.7 million in attorneys' fees and litigation expenses for its long-running defense of a pattern-or-practice sex discrimination case brought by the Equal Employment Opportunity Commission. The award came after the case was settled in February for $50,000.
The U.S. District Court for the Northern District of Iowa found that CRST was the prevailing party--despite agreeing to pay EEOC monetary relief--because the settlement involved the claim of only one of what was once projected to be a class of up to 270 female employees. The court also found that EEOC's pattern-or-practice claim and its individual claims on behalf of some 153 women "were unreasonable or groundless," justifying the imposition of the employer's legal fees and costs against the agency.
Other recent wins by employers include:
Employees and EEOC, however, also enjoyed their share of success the past few weeks, including:
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