PRACTITIONER BLOG
Read our analyses of developments in Impact Litigation and stay current on class action law
RESPONDING TO THE RESTRICTION OF EMPLOYMENT DISCRIMINATION CLASS ACTIONS
The arc of employment discrimination class action law is bending away from justice. As a result, plaintiffs’ lawyers frequently have to self-censor, generally in the opening complaint or the class certification motion, or as we did in Simpson at the 23(f) stage. Maximizing the chances for certification may require defining the class or multiple small classes so as to eliminate potential class members, claims, or forms of relief. Unfortunately, this type of self-censorship deprives employees of the possibility of obtaining the types of broad reforms that we were once able to achieve and hopefully can again pursue in the future as the law evolves.
Impact Fund & Amici to Florida Court of Appeals: Local Non-Discrimination Ordinances Must Be Respected
Today, we filed an amicus brief in the Florida court of appeals along with the National Center for Lesbian Rights, Equality Florida, and civil rights firm Cohen Milstein Sellers & Toll PLLC. We were joined by eight additional organizations representing LGBTQ people, workers, women, and other concerned communities. Our brief documents the ongoing discrimination faced by LGBTQ people, people of color, people with disabilities, and older people in Florida. It also describes the diversity of local human rights ordinances across the state that prohibit discrimination against vulnerable groups that are not protected by state law, including LGBTQ people, elderly tenants, veterans, survivors of domestic violence, and workers at small businesses.