Beyond The Class Ramifications Of Dukes

Law360, New York (July 7, 2011, 4:59 PM EDT) -- Beyond redefining class actions, the U.S. Supreme Court’s decision in Wal-Mart Stores v. Dukes is also a potentially seminal employment discrimination case. There are three significant, but under-reported, developments of substantive employment discrimination law in that decision.

First, rather than reiterating the now-familiar burden shifting paradigms on causation from prior cases, the majority offered instead a pragmatic restatement of what employment discrimination is all about: “the crux of the inquiry is ‘the reason for a particular employment decision’” or, put differently, an “answer to the crucial...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.