In Cole v. Montana University System, the U.S. District Court for the District of Montana recently denied certification of a Title IX class action alleging discrimination and harassment on the basis of sex.
The decision in Cole is an important one for employers, as it is a reminder that Wal-Mart Stores v. Dukes is still a major obstacle to class certification of broad discrimination claims. Companies and their corporate counsel are well-served to heed the lessons of Cole and center their class certification defense strategy around the commonality requirement articulated in Wal-Mart Stores.
Background
In Cole, the plaintiffs were a group of women suing the Montana University System for alleged violations of Title IX and sought to certify a class of approximately 76 women who allegedly experienced harassment, retaliation, and/or discrimination on the basis of their sex. The plaintiffs alleged that the university system either forced them to resign, terminated their positions, or limited their options for professional growth.
Specifically, the plaintiffs alleged that the university system fostered a "good ole' boys club" culture, favoring male athletes and employees, while excluding the plaintiffs from participating in activities and benefits regularly afforded to their male counterparts.
Against this backdrop, the plaintiffs alleged that a "retaliatory culture blossomed" and that all plaintiffs experienced direct retaliation or the fear of retaliation for speaking out...
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