The Impact of the “Dukes” Case on Retail Employers
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Pedersen, Natalie Bucciarelli
[Excerpt] In the past, the notion of a large class action discrimination suit against a national retailer has been a true threat- a tool in the arsenal of the employees- to be feared by the employer. With the Supreme Court decision in Wal-Mart Stores, Inc. v. Dukes, that arsenal has been significantly depleted and the large retailer now treads on somewhat new ground when thinking about discrimination lawsuits. This paper will discuss some of the more recent class action discrimination suits against large U.S. retailers. It will then discuss the narrative behind the Dukes case, the way in which the opinion could potentially affect the substance of Title VII, and the consequences the Dukes decision holds for human resource departments at large retailers throughout the country.
HR Review; Human Resources; Human Capital; Discrimination; Litigation; Retail; Title VII; Diversity; Dukes
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