With a full docket that includes notable employment-law cases covering a wide spectrum of workplace issues, 2011 promises to be an eventful year for the Supreme Court. Employers and employees alike can expect the Court to provide meaningful guidance as it continues to shape the landscape of this increasingly complex and relevant field of law. The Court heard oral arguments in three cases in March alone, each affecting different yet critical aspects of the employment field, with topics ranging from class-certification requirements to employee First Amendment protections to the elements of a Federal Employers' Liability Act (FELA) claim. As this column explains, these three cases will provide the Court an opportunity to bring about some significant clarifications in workplace-related law this year.
CLASS-ACTION WARFARE: WAL-MART STORES V. DUKES
Easily the star of the Court's employment-law docket, the muchhyped Wal-Mart Stores v. Dukes 1 may prove to have a far-reaching impact on the nature of class-action lawsuits. Although a good deal of the press on this case has focused on the substance of the class's claim-that the retail giant unlawfully discriminated against women by subjecting them to lower pay and fewer promotions than their male counterparts-the actual issue before the Court is whether the class, which may reach an unprecedented 1.5 million members, was properly certified by the lower court. The Ninth Circuit, in a fractious 6-5 en banc decision, allowed the class to proceed but excluded from the class women 91