Cornell University

Labor and Employment Law Program

16 E. 34th Street, 4th Floor, 212-340-2866

Compensation Discrimination Class Actions - After Wal-Mart v. Dukes

February 25, 2011 - Cancelled


Whatever the Supreme Court decides in Wal-Mart v. Dukes, the growth area in employment litigation is high-impact pay discrimination class actions. These cases involving challenges to “bottom-line” results of companies’ pay and promotion decisions/practices affecting women and minorities require use of expert witnesses, massive data collection, and confronting difficult analytical issues regarding the scope of “disparate treatment“ and “disparate impact” theories of discrimination. 

Topics that this program will address include:

• Will plaintiffs be able successfully to launch company-wide challenges?
• How do you prove “causation” when compensation disparities are due to subjective decision making?
• What role will the statute overturning Goodyear v. Ledbetter play in expanding the scope of these actions and in allowing evidence of pay decisions made prior to the statute of limitations?
• Will there be new challenges to plaintiff experts in Daubert hearings?
• What are the common pitfalls that counsel for both sides need to avoid in dealing with their experts, in handling data issues, and in putting a proper value on the case?

Our panel for this program includes:

Eric Dreiband, Esq., former General Counsel, EEOC, and now partner, Jones Day
Adam Klein, Esq., partner and chair of Outten Golden’s class-action practice group
Janice Madden, Professor of Sociology, University of Pennsylvania

Moderated by Professor Samuel Estreicher, NYU Center for Labor & Employment Law