Do you remember the big Wal-Mart class-action case alleging that the behemoth retailer systematically discriminated against women, which the Supreme Court tossed out? (Technically, the SC said the case was too big and the plaintiffs too disparate to be bundled together and tried in a single lawsuit because they all had different situations and complaints). The Court made this flat declaration at the early stage called “motion for summary judgment”—before the plaintiffs had a chance to present the evidence that they had a common complaint. Brad Seligman, the longtime employment lawyer who has been crusading against workplace discrimination for decades, has filed the first of what he says will be a series of regional lawsuits raising the same issues for smaller groups of plaintiffs. Seligman took his winnings in earlier anti-discrimination lawsuits to start the nonprofit Impact Fund, precisely to fund these kinds of cases. Keep your eye on these.
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