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I agree with the decision of the court. Title VII protects the victims in relation to a particular employment decision. However, Dukes wanted to sue for millions of employment decisions at once. According to Justice Scalia, there is no glue holding together the alleged reasons for employment decisions, it is very difficult to say that the examination of all the class members' claims will produce a common answer to the discrimination question. The point made by Justice Scalia is that the variability of the circumstances of the plaintiffs is such that the class action could not proceed. The plaintiffs could have done differently to get their class action suit certified if they had identified and specified the discrimination and had clubbed together instances of similar discrimination. This would have helped Dukes get class action certified. If the class action had been allowed to proceed, it would have adversely affected other employers. A larger number of class action suits would have been certified and industry would be burdened with a larger number of class action suits.
The court should decide in favor of the weight loss center. There was no illegal discrimination in the rejection of the 350 pound man. The weight loss center simply perceived the 350 pound man as obese and not physically disabled. ...
Labor law cases are explained in a structured manner in this response. The answer includes references used.
Statute and Case Law Relationship in Employment Law
Identify an employment law case pertaining to National Origin and Disability. For each case identified, provide a brief summary and identify the statute or regulation interpreted in the case. Explain the relationship between the case and relevant statutes and/or regulations. Examine how the statute and/or regulations have evolved through case interpretation. Describe how the cases identified impact the employment environment.View Full Posting Details