Class Action Litigation after Dukes: In Search of a Remedy for Gender Discrimination
31 Pages Posted: 1 Feb 2014 Last revised: 3 Feb 2014
Date Written: November 1, 2013
In this Article we argue for substantial reforms to our system of combating workplace gender discrimination in light of the Supreme Court’s ruling in Wal-Mart Stores, Inc. v. Dukes. To help counter discrimination victims’ decreasing access to the courts, our proposals call for a narrow construction of the holding of Dukes. At the same time, agencies such as the Equal Employment Opportunity Commission (EEOC), the Office of Federal Contract Compliance Programs (OFCCP), and the Securities and Exchange Commission (SEC) can better use their regulatory authority to address gender discrimination. Further, regulatory agencies, arbitrators, and courts can mandate mentoring programs to assist employees in overcoming the effects of discrimination and provide a potential pathway for career success.
Keywords: class actions, gender, employment
JEL Classification: M15
Suggested Citation: Suggested Citation