On Monday, the United States Supreme Court issued its much anticipated decision in Wal-Mart v. Dukes. As expected, the decision was a victory for the retail giant. The Court denied the plaintiffs the right to proceed as a class on the grounds that the class failed to meet the commonality requirement, since the action was based on literally thousands of individual employment decisions made over a number of years at various locations throughout the country, rather than upon a single, unifying policy. As such, the decision is likely to have somewhat of a chilling effect on class action discrimination litigation—no doubt a victory for employers.
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