Wal-Mart And McReynolds: Applying Class Action Tactics To Develop Defensible Workplace Policies

As we have noted in previous blog postings (read here and here) the plaintiffs’ class action bar continues to look for ways to work around the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011). A prime example of these tactics is McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 672 F.3d 482 (7th Cir. 2012), which we analyzed in several earlier posts. While we continue to monitor this trend and assess the best defense strategies for combating plaintiffs’ “new re-booting theories,” we suggest employers consider a “new tool” themselves  – enhancing workplace and HR policies based on the lessons learned from Wal-Mart and McReynolds – to maximize their defense prospects and make class certification more difficult for plaintiffs. 

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