Class Actions
$55 million settlement in FedEx race discrimination class action
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In my view, this FedEx class action settlement is yet another sign that after years of near-dormancy, employment discrimination claims not based on disability, harassment, or termination of employment (e.g., those [...]
Unconscious Bias and Employment Discrimination: Is the Name Bielby Involved?
According to a recent article in BusinessWeek, many large class action employment discrimination cases are relying on the notion of unconscious bias, which has been evoked largely by a sociologist named Bielby.
The article states that Bielby has been involved in at least 50 cases, charging $450.00 per hour, and generally earning $30,000 or more [...]
New Class Action Lawsuit Aimed Against Restaurant Chain
A new class action lawsuit alleges that McCormick & Schmick’s restaurants have a nationwide corporate policy and practice of preferring white employees over African-American employees for “front-of-the-house” positions.
The lawsuit also charges that:
Hiring An Expert Witness: What Not To Do
Written from an expert witness perspective, an article in law.com provides some excellent suggestions for attorneys who are looking for an expert’s opinion.
The article consists of a seven suggestions for what attorneys should NOT do in hiring the expert, such as:
Is Your Company A Target for A Discrimination Class Action Suit? Ten Factors to Consider
We have followed a number of large, well-publicized employment discrimination class-action cases, such as Wal-Mart, Best Buy, among others.
Most attorneys and HR managers have heard of these kinds of cases, and unless you work in a small company, you must sometimes have bad dreams about such an employment discrimination lawsuit being filed against your [...]
Wal-Mart in the News — A Lot! (Part II)
Last week, at a St. Louis bloggers’ lunch, Dennis Kennedy and I were joking about all our uncompleted posts, and all my Part I’s that never got Part II’s.
Back in November 2005, when I wrote Wal-Mart in the News — A Lot! I meant for that post to be Part I of a series, and [...]
Incidence of Employment Discrimination: Is Perception Reality?
Washington Post reports: “Fifteen percent of all workers say they have been discriminated against in their workplace during the past year, according to a new Gallup Organization poll.”
Washington Post: “The Bias Breakdown”
See also: “Workplace bias still prevalent, Gallup survey finds,” (SHRM) and “Almost One in Six Americans Report Discrimination at Workplace in Past Year” (Gallup [...]
HR/Employment Blogosphere Update for October 1-26, 2005
I’ve been so busy switching to the new format and keeping up with the “Our Recent Reading” page that I’ve neglected to do this update for over a month. (New readers: I had been doing it weekly, publishing on Monday, and it was a popular feature of this Blawg.)
So here comes a [...]
Previewing Employment Cases on Supreme Court Docket
The Supreme Court opened its term with an employment case. On October 3, it heard argument about whether a worker at a meat processing plant is entitled to be paid for the time she spends each day putting on and removing 10 pounds of protective equipment.
“The regulations in this area are somewhat confusing,” says [...]

