Jerry Maatman quoted in HRMagazine "Certification of largest civil rights class OK'd"
03/26/2007
The article "Certification of largest civil rights class OK'd" in the March 2007 issue of HR magazine notes "The 9th U.S. Circuit Court of Appeals on Feb. 6 upheld certification of the largest civil rights class action ever against a private employer--now approximately 2 million women who have worked for Wal-Mart and are claiming discrimination in pay and promotion. The fact that the class could be awarded billions if it prevails didn't invalidate the certification, the court decided. "Wal-Mart contends that plaintiffs' request for punitive damages is 'wholly inconsistent' with Rule 23(b)(2) certification. This view, however, has not been adopted by this circuit," the appeals court stated. Wal-Mart announced that it will seek a rehearing. The case raises "the cutting-edge issue" in employment law class actions--whether such civil rights classes should be certified when workers seek punitive damages, according to Gerald L. Maatman Jr., the editor of Seyfarth Shaw LLP's 2007 Annual Workplace Class Action Litigation Report. The issue could be headed for the Supreme Court, he said.
