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Hiring Policy Barring Criminal Convictions Is Not Necessarily Discriminatory

Filed under: Evidence, Expert Witnesses

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El v. Southeastern Pennsylvania Transportation Authority, 479 F.3d 232 (3d Cir. March 19, 2007).

Policies that prohibit hiring individuals with criminal convictions do not necessarily discriminate on the basis of race. The United States Court of Appeals for the Third Circuit recently held that a Southeastern Pennsylvania Transportation Authority (SEPTA) policy disallowing the hiring of individuals with violent criminal convictions did not violate Title VII of the Civil Rights Act of 1964 (“Title VII”). In this case, the Court ruled that the policy was justified by business necessity – specifically, public safety concerns – and the employee failed to submit sufficient evidence of an acceptable alternative policy.
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Ninth Circuit Court of Appeals Affirms the Certification of the Largest Class Action Case in United States History

Filed under: Evidence, Expert Witnesses

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Dukes v. Wal-Mart, Inc., 474 F.3d 1214 (9th Cir. February 8, 2007).

The seven named plaintiffs of Dukes v. Wal-Mart, Inc. may proceed as representatives of a class of 1.5 million current and former female Wal-Mart employees. The United States Court of Appeals for the Ninth Circuit affirmed the decision of the United States District Court for the Northern District of California to certify a nationwide class action of women who claim that Wal-Mart discriminated against them in promotions and pay. Dukes is the first potential billion-dollar employment discrimination case ever.
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Ninth Circuit Court of Appeals Affirms the Certification of the Largest Class Action Case in United States History

Filed under: Evidence, Expert Witnesses

By

Dukes v. Wal-Mart, Inc., 474 F.3d 1214 (9th Cir. February 8, 2007).

The seven named plaintiffs of Dukes v. Wal-Mart, Inc. may proceed as representatives of a class of 1.5 million current and former female Wal-Mart employees. The United States Court of Appeals for the Ninth Circuit affirmed the decision of the United States District Court for the Northern District of California to certify a nationwide class action of women who claim that Wal-Mart discriminated against them in promotions and pay. Dukes is the first potential billion-dollar employment discrimination case ever.
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