Two Constangy Attorneys Quoted in Law360 on Wal-mart v. Dukes
Constangy attorneys were quoted in two Law360 articles on the Supreme Court's Wal-mart v. Dukes decision.
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“Certainly a regional class action probably has a much greater chance of success than a nationwide class action after this decision,” said Robin E. Shea, an employment litigator with Constangy Brooks & Smith LLP.
Joseph M. Murray Jr., associate, Constangy Brooks & Smith LLP:
"This is a huge victory for employers. Had the plaintiffs prevailed, companies would have faced nationwide class actions based on little more than corporate culture, statistical disparities, and anecdotal evidence of discrimination. Instead, the Dukes decision correctly reinforces that plaintiffs must identify a specific employment practice that can be linked with the 'common' harm suffered by the purported class. That said, plaintiffs will undoubtedly try similar arguments in the future, and employers should provide appropriate guidance and management training to ensure that decision-makers understand the difference between permissible considerations and impermissible stereotypes."