Class Certification Analysis in Employment Discrimination Litigation


The judge denied class certification in this case against a large retailer.

Defense counsel retained Justin McCrary of Columbia Law School and Cornerstone Research in a class action labor discrimination case brought against a large retailer.

Professor McCrary provided expert analysis on the question of whether the class should be certified. He analyzed the retailer’s internal wage and promotion data in order to assess the differences in wages, job titles, and career progression across individual employees and across store locations. Professor McCrary’s statistical analysis established that there were large and significant differences in wages and promotion outcomes across individual employees and, on average, across different store locations.

The judge denied certification of the plaintiffs’ proposed class.

For more information on this case, contact Bryan Ricchetti.

Case Expert

Justin McCrary

Paul J. Evanson Professor of Law,
Columbia Law School;
Senior Advisor, Cornerstone Research