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Class Actions and Complex Litigation

Class action and multiple-plaintiff litigation of discrimination, wage and hour and other employment-related disputes are being filed in record numbers and pose a significant risk to employers on many fronts, including economic, cultural and reputational.

Overview

Our Class Actions and Complex Litigation Practice Group combines substantial class action experience and significant subject matter knowledge with thoughtful, strategic and creative approaches in providing clients with sensible strategies to defend difficult lawsuits. Our extensive internal resources, substantial data analysis and e-discovery capabilities, and multi-office platform provide us with unique capabilities in class action litigation.

We can assist in all of the following areas:

  • FLSA/state law wage claims;
  • Title VII, ADA, ADEA and other discrimination claims;
  • ERISA;
  • TCPA (Telephone Consumer Protection Act);
  • FCRA and other privacy laws; and
  • WARN.

In all matters, our approach begins with an aggressive early case analysis with a particular focus on:

  • Evaluation of the merits of the underlying claim(s);
  • Assessment of the class issues and likelihood of class certification;
  • Estimation of the likely discovery issues and costs;
  • Preparation of damages models and potential exposure analyses; and
  • Consideration of the effect of the litigation on the company’s operations, media issues, and financial and competitive impact.

Systemic Discrimination

Systemic discrimination claims are on the rise. The EEOC has made investigating and litigating issues involving employers’ policies and practices that allegedly have a disparate impact on women, minorities, the disabled and other protected employees a priority. In addition, the OFCCP is continuing to explore potential systemic discrimination issues among government contractors, and prominent plaintiffs’ lawyers are also seeking to take part in this wave of systemic discrimination litigation.

We have extensive experience representing employers in class actions and other large-scale discrimination cases, both at administrative agencies and in court, and understand the particular sensitivity these types of claims can have within a company. In addition to our national Class Actions and Complex Litigation Practice Group and experienced trial lawyers with expertise in discrimination matters, our Affirmative Action Compliance and OFCCP Defense Practice Group includes not only lawyers, but also professional statisticians who regularly assist in defending these matters.

Gender Discrimination

Our attorneys have defended clients in many significant gender discrimination cases alleging unequal treatment of women in compensation, promotion, hiring and termination, including cases involving “glass-ceiling” allegations, Equal Pay Act claims, sexual harassment claims and other related cases brought under state and federal law. Our diverse team of seasoned trial lawyers across the country is prepared to bring creative strategies to these issues and to try cases in which an earlier resolution cannot otherwise be achieved.

Race Discrimination

We have appeared before the EEOC on matters arising from its E-RACE initiative, including matters ranging from the use of credit and background checks in hiring decisions, to racial stereotyping and other issues involving facially neutral policies that may have an adverse effect on racial minorities. We have also defended companies in state and federal court on claims of race, color and national origin discrimination, and our Corporate Diversity Counseling Practice Group provides comprehensive and innovative approaches to diversity-related issues.

Disability Discrimination

Our Disability, Leave and Health Management Practice Group has long been at the cutting edge of disability law issues, including ADA, FMLA and leave management cases arising under state and federal law. We use this expertise to assist clients who face claims that their employment policies or practices have a discriminatory impact on employees who take leave or are disabled, and we offer proactive advice on best practices and effective litigation strategies.

The Team

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Archived

Watch Now

Should We Catch the Wave? Practical Considerations After the U.S. Supreme Court's Decision Upholding Class Action Waivers

May 24, 2018 - 3:00 PM to 4:00 PM EST
Watch Now

Archived

Class Actions and Complex Litigation Webinar Series

March 14, 2017 - 2:00 PM to 3:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

Archived

Class Actions and Complex Litigation Webinar Series

February 14, 2017 - 2:00 PM to 3:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

See AllPublications

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July 24, 2019

Ninth Circuit to Ask California Supreme Court to Decide Retroactivity of ‘ABC’ Test, Withdraws Opinion

July 24, 2019

Whether California’s recently adopted “ABC” test, used in the employee-versus-independent contractor analysis in cases involving California’s wage orders, must be applied retroactively should be decided by the California Supreme Court, a panel of the U.S. Court of Appeals for the Ninth Circuit has decided, withdrawing its controversial... Read More

July 10, 2019

2019: The Mid-Year Outlook for Employers

July 10, 2019

The first six months of 2019 have proven to be busy, challenging professionals in the labor and employment communities to keep up with a number of newly enacted laws and regulations. In the 2019: Mid-Year Outlook for Employers, Jackson Lewis attorneys provide a snapshot of activity from the first half of the year as well as a preview of... Read More

July 9, 2019

U.S. Supreme Court Roundup – 2018-2019

July 9, 2019

The U.S. Supreme Court term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII claims. Class Actions, Arbitration The Court ruled in a 5-4 decision that class action arbitration is such a departure from ordinary,... Read More

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August 12, 2019
Cook County Record

Stephanie Adler-Paindiris Comments on the Recent Uptick in Serial Discrimination Lawsuits

August 12, 2019

Stephanie Adler-Paindiris comments on how employers can head off class actions and eliminate vulnerabilities before they become litigation in "'Good employment hygiene' can ward off serial discrimination lawsuits, attorney says," published by the Cook County Record. Subscription may be required to view article Read More

July 3, 2019
Bloomberg Law

Stephanie Adler-Paindiris Discusses Implications of Employers Challenging Arbitration Rule

July 3, 2019

 Stephanie Adler-Paindiris discusses the implications of whether workers should or should not be notified of their right to file an arbitration claim in "JPMorgan, Facebook Fight Mass Arbitration Legal Strategy," published by Bloomberg Law. Subscription may be required to view article Read More

June 27, 2019
Law 360

David Golder and Eric Magnus Discuss Implications of Enforcing Arbitration Agreements with Class Action Waivers

June 27, 2019

David Golder and Eric Magnus discuss the implications for employers ​imposing and enforcing workplace arbitration agreements with class action waivers in "Employers Debating Arbitration Pacts, Jackson Lewis Says," published by Law360. Subscription may be required to view article Read More

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Personal Anecdotes and Perceived Disparity in the Workplace Insufficient to Certify a Class Action
August 6, 2019

A federal judge in Kentucky recently ruled that anecdotal accounts alone cannot support a class claim of discrimination without “substantial statistical evidence of company-wide discrimination.”  Freeman v. Delta Air Lines, No. 2:15-cv-160 (WOB-CJS) (E.D. Ky. June 14, 2019). Federal District Judge William O. Read More

The Next Wave? Serial Discrimination Filings from Prior Class Claims
June 26, 2019

Notwithstanding the employers’ victory at the U.S. Supreme Court in Epic Systems Corp. v. Lewis, which made it clear that arbitration and class action waiver regimes do not violate the National Labor Relations Act, employers are now facing another obstacle: serial arbitration filings. Read More

Class Action Trends Report Spring 2019
June 24, 2019

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. Read More