Legislation introduced to nullify impact of Wal-Mart v. Dukes in employment discrimination cases via 'group actions'

On June 20, 2012, the one-year anniversary of the Supreme Court’s decision in Wal-Mart v. Dukes, Senators Al Franken (D-Minn.) and Richard Blumenthal (D-Conn.) and Congresswoman Rosa DeLauro (D-Conn.) introduced legislation intended to reverse the impact of Dukes on class certification decisions in employment discrimination cases brought in federal court. According to an information sheet from Senator Franken’s senatorial website, the Equal Employment Opportunity Restoration Act would “restore workers’ ability to challenge discriminatory employment practices on a class-wide basis” by amending section 28 of the U.S. Code in four significant ways. 

Employment Litigation, Legislation Affecting Class Litigation, Wal-Mart v. Dukes