Class Action Litigation after Dukes: In Search of a Remedy for Gender Discrimination

31 Pages Posted: 1 Feb 2014 Last revised: 3 Feb 2014

See all articles by Cindy A. Schipani

Cindy A. Schipani

University of Michigan, Stephen M. Ross School of Business

Terry Morehead Dworkin

Indiana University Bloomington - Office for Women's Affairs

Date Written: November 1, 2013

Abstract

In this Article we argue for substantial reforms to our system of combating workplace gender discrimination in light of the Supreme Court’s ruling in Wal-Mart Stores, Inc. v. Dukes. To help counter discrimination victims’ decreasing access to the courts, our proposals call for a narrow construction of the holding of Dukes. At the same time, agencies such as the Equal Employment Opportunity Commission (EEOC), the Office of Federal Contract Compliance Programs (OFCCP), and the Securities and Exchange Commission (SEC) can better use their regulatory authority to address gender discrimination. Further, regulatory agencies, arbitrators, and courts can mandate mentoring programs to assist employees in overcoming the effects of discrimination and provide a potential pathway for career success.

Keywords: class actions, gender, employment

JEL Classification: M15

Suggested Citation

Schipani, Cindy A. and Dworkin, Terry Morehead, Class Action Litigation after Dukes: In Search of a Remedy for Gender Discrimination (November 1, 2013). University of Michigan Journal of Law Reform, Vol. 46, No. 4, Ross School of Business Paper No. 1220, Available at SSRN: https://ssrn.com/abstract=2388681

Cindy A. Schipani (Contact Author)

University of Michigan, Stephen M. Ross School of Business ( email )

701 Tappan Street
Ann Arbor, MI 48109
United States
(734) 763-2257 (Phone)
(734) 763-2257 (Fax)

Terry Morehead Dworkin

Indiana University Bloomington - Office for Women's Affairs ( email )

Bloomington, IN
United States

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