Wal-Mart sex bias case has corporate attorneys jittery
By L.M. SIXEL
Copyright 2004 Houston Chronicle
FULBRIGHT & Jaworski surveyed corporate counsels recently and found employment concerns were foremost on their minds.
So what are they thinking about instead of real estate deals and business contracts? In a word: Wal-Mart.
In June, a federal judge in San Francisco certified a class-action sex discrimination lawsuit against Wal-Mart. The case, which started with six women, now could potentially include at least 1.5 million women across the country claiming damages for allegedly not receiving the same pay and promotion opportunities as male employees.
While employers have always faced the possibility of getting hit by a big class-action discrimination case, they're not very common
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with the Wal-Mart ruling, suddenly employers with operations in the West are worried about potential liability if a federal judge believes their pay or promotion practices are discriminatory and widespread. Even if only a few employees live in California, the class can include all company employees in the entire United States.
"It's scary," said William Cobb, president of Houston-based Cobb Consulting, which works with law firms on strategy, compensation and pricing.
And once a class is certified, which doesn't require a lot of evidence upfront, it's hard to settle cheaply because the needs of the entire group must be weighed, said Jeff Londa, an employment lawyer with Ogletree Deakins in Houston.
From a defense standpoint, said Londa, who represents employers, there is a high extortion value...cont'd
http://www.chron.com/cs/CDA/ssistory.mpl/business/2731593