Things To Know About Class Action Employment Lawsuit

Things To Know About Class Action Employment Lawsuit

A class action lawsuit is the one in which a representative group sues an entity on behalf of a larger circle or ‘class’.

When it comes to employment class action lawsuits, a person or a group tries to prove that any discrimination they’re facing aligns with what others in the larger group are facing too.

There needs to be a similarity factor among the two groups. This can be race, gender, age, nationality or any other factor.

Why are employment class actions important?

Sometimes, class actions can be the only way to protect the civil rights awarded to these employees. An individual can challenge discrimination and win these rights for a larger group. This ensures that laws are properly enforced even if individuals don’t have an economic incentive for filing individual cases.

How are class actions different from individual discrimination cases?

A class action requires a decision on the class claims first. This investigation may take anywhere from four to eight months. The individual claims are openly processed once the class claims are decided. Hence a class action lawsuit takes a longer time to get to a trial, compared to individual trials.

What is required for a case to be registered as a class action lawsuit?

The Federal Rules of Civil Procedure has set out a few rules for class actions:

  • The affected class should be so large that it will be impractical for all the members to join the case as individuals.
  • There should be common questions addressing the claims of representatives as well as the larger class.
  • Claims and defenses of representatives and class should also be common.
  • The representatives should be fairly protecting the interests of the class they represent.

What are the special requirements for employment class action lawsuits?

In these cases, a plaintiff must prove that they meet one of the following two requirements:

  • The opposing party has acted or refused to act on principles applicable to the whole class, hence the injunctive or relief is appropriate for the whole class.
  • The laws or applicable facts that are common to the class predominates any effects that individual members have faced. Also, class actions should be more suitable than other methods of complaint for this case.

If you’re looking to file a class action, you should first consult an employment law attorney. Our labor law attorney can guide you regarding the filing process and all rules applicable to your case.

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