Title: Wal-Mart V. Dukes: A Need to Promulgate a More Reasonable ‘Significant Proof’ Standard for Title VII Class Certification Suits
Abstract: The U.S. Supreme Court overruled two lower courts in denying class certification in a gender discrimination action against Wal-Mart. The Court held that a class must effectively show discriminatory intent to satisfy class certification for Title VII claims. While Title VII itself requires intent for disparate treatment, disparate impact claims do not require a showing of intent. This paper suggests that the ‘significant proof’ standard set by the Supreme Court places both an unachievable burden on plaintiffs seeking class certification under disparate impact claims and requires an untenable number of case merits to be litigated prior to trial.
Publication Year: 2012
Publication Date: 2012-01-01
Language: en
Type: article
Indexed In: ['crossref']
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