Everyone v. Everyone: The Era of the Class Action Lawsuit

The definition, or at least the current usage, of the word "discrimination" has become so blurred that it no longer resembles its original definition at all.  The vast majority of Americans seem to have internalized the ethic represented in the injunction "don't discriminate," in its literal, moral, and practical application.  But when the legal definition of "discrimination" becomes so vague that it can be applied to any act which inadvertently or indirectly leads to any undesirable outcome for anyone, we have a problem. In recently-decided Wal-Mart v. Dukes, the plaintiffs' very argument contradicted itself, something that Antonin Scalia was happy to point out: "[This practice is] just the opposite of a uniform employment practice that would provide the commonality needed for a class action; it is a policy against having uniform employment practices."  The premise of the class-action lawsuit was that there was a commonality amongst the plaintiffs that justified their...(Read Full Article)

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