An article by Professor Natalie Pedersen published in the University of Toledo Law Review on a Supreme Court ruling in an employment discrimination case garnered praise from the scholarly blog, JOTWELL.
Pedersen’s article offers an important new perspective on the court’s closely watched ruling in Wal-Mart Stores, Inc. v. Dukes, wrote Kerri L. Stone, a law professor at Florida International University.
In its 2011 ruling, the court determined that 1.6 million women who alleged employment discrimination by Wal-Mart could not file a class action lawsuit.
While the ruling was broadly weighed for its impact on class actions, Pedersen observed that the opinion's impact on employment-discrimination law went far beyond the mechanics of class action lawsuits, Stone wrote.
For instance, the court based its decision in the Wal-Mart case in part on the lack of a specific corporate policy that was discriminatory, but Pedersen’s article noted that this represented a significant departure from prior rulings, where evidence of discriminatory practices sufficed.
“As Professor Pedersen makes clear, the Supreme Court ‘not only reversed the grant of class certification to one of the largest employment discrimination classes ever, but also indelibly altered the substance of employment discrimination law,’” Stone said. “This piece is observant and insightful, and it will be great to see what its author produces next as she monitors the legal landscape in this ever-changing field.”