Abstract

http://ssrn.com/abstract=2087727
 
 

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Civil Rights and Systemic Wrongs: The Future of Employment Discrimination Class Actions


Melissa Hart


University of Colorado Law School

2011

Berkeley Journal of Employment and Labor Law, Vol. 32, p. 457, 2011
U of Colorado Law Legal Studies Research Paper No. 12-11

Abstract:     
Systemic employment discrimination is a structural, social harm whose victims include not only those who can be specifically identified, but also many who cannot. Pattern and practice claims in employment litigation are an essential tool for challenging this structural harm. Unfortunately, the Supreme Court’s decision in Wal-Mart v. Dukes brushes aside the systemic nature of the plaintiffs’ claims, making both theoretical and doctrinal mistakes in its application of the procedural and substantive law applicable in employment discrimination class action litigation. The most troubling part of the Court’s opinion — its rejection of statistical modeling for remedial determinations — has received little attention. This article critiques the Court’s novel and careless interpretation of Title VII and explains the threat the opinion poses to the continued viability of pattern and practice claims.

Number of Pages in PDF File: 23

Keywords: Employment discrimination, class actions, Walmart, systemic discrimination, procedure, pattern and practice claims, rules enabling act

JEL Classification: J71, J78, J70, K40, K41

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Date posted: June 19, 2012  

Suggested Citation

Hart, Melissa, Civil Rights and Systemic Wrongs: The Future of Employment Discrimination Class Actions (2011). Berkeley Journal of Employment and Labor Law, Vol. 32, p. 457, 2011; U of Colorado Law Legal Studies Research Paper No. 12-11. Available at SSRN: http://ssrn.com/abstract=2087727

Contact Information

Melissa Hart (Contact Author)
University of Colorado Law School ( email )
401 UCB
Boulder, CO 80309
United States
303-735-6344 (Phone)
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