Current Topics in Employment Discrimination Class Actions

This program, taught by Rachel Geman, a Partner at Lieff, Cabraser, Heimann & Bernstein, reviews current rulemaking and trends for attorneys litigating employment discrimination class actions. First, the program will address Rule 23 with an eye towards timely and relevant issues for employment law practitioners, such as issue classes under (c)(4), the new rules regarding settlements, and the state of the law of former employee standing to bring (b)(2) claims. Second, the presentation will look at how Wal-Mart Stores, Inc v. Dukes has aged since 2011. Many appellate courts have yet to apply Dukes in cases involving company-wide, common methods of exercising discretion. This part of the presentation will look at recent cases with differing outcomes, and the implications for lawyers who are investigating and litigating these kinds of cases.

Finally, the course will address recent developments under Rule 23 that may affect employment law--including but not limited to the renewed use of Rule 23 in cases involving assault-and recent developments in employment law that may affect Rule 23 (including the fortification of sexual harassment laws and others).

Learning Objectives:

1. Review key changes to Rule 23 and the impact on employment law practitioners
2. Highlight the way courts have - and have not yet - applied the seminal Dukes holding in discrimination cases
3. Discuss anticipated trends which may impact employment discrimination class actions