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How the U.S. Supreme Court’s Wal-Mart v. Dukes Decision Affects Employers, Workers, and the Future of Class Actions

Arlington, Va. (June 20, 2011)— In perhaps the most closely-watched employment law class action ever, the U.S. Supreme Court has just decided that up to 1.5 million women cannot proceed with their potentially multi-billion dollar employment discrimination claims alleging that Wal-Mart, the Bentonville, Ark.-based retailer, systematically pays and promotes female workers less than male workers.

A BNA webinar Friday, July 8 from 02:00 PM - 03:30 PM ET will tackle the implications of this decision for employers.

“Because the Supreme Court has not accepted cases in the class certification arena for so long, the guidance it provides to lower courts in Dukes will be important, even beyond the direct impact it will have on employers’ defenses to workplace class action lawsuits,” said Gerald L. Maatman, a partner at Seyfarth Shaw LLP in Chicago and New York and one of three panelists participating in the upcoming BNA webinar.

Maatman, who represents employers in defending class actions, will be joined in the webinar by Adam T. Klein, a partner at Outten & Golden in New York, who primarily represents workers, and Fatima Goss Graves, vice president for education and employment at the National Women’s Law Center in Washington, DC. Our distinguished panel will analyze this historic decision, addressing questions such as:

•    What do employers, their lawyers, and plaintiffs’ attorneys need to know about how Rule 23 will be applied as a result of the Dukes decision?
•    Will class certification under Rule 23 become more difficult after Dukes?  
•    What should employers do differently, if anything, as a result of this decision?
•    How does this decision affect proposed amendments to the Equal Pay Act or the prospects for congressional action on enhancing remedies for pay discrimination in general?
•    What can employers and legal practitioners learn from Wal-Mart’s employment policies and practices?
•    Does the decision, in effect, suggest that employers should rely more on workplace arbitration agreements to address class action exposures?  

Kevin McGowan, senior reporter for BNA’s Daily Labor Report, will join BNA webinar moderator Rich Bronson to field comments and questions.  

Register quickly and easily online, or call 1-800-372-1033, option 6, then option 1. Lines are open Monday through Friday from 8:30 a.m. to 7:00 p.m. ET, excluding most federal holidays.  

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