On December 24, 2019, the Ninth Circuit affirmed the denial of a motion to certify a class of current and former employees of Microsoft alleging gender discrimination. WLF filed an amicus curiae brief urging this affirmance. Under Wal-Mart v. Dukes, a class may not challenge an array of employment decisions as discriminatory unless “some glue” holds “the alleged reasons for all those decisions together.” In its brief, WLF established that this case is legally indistinguishable from Wal-Mart. Citing that decision, the Ninth Circuit concluded that the plaintiffs had failed to “identify a common mode of exercising discretion,” at Microsoft, “that pervades the entire company.”
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