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Business Insurance/ - Article, Qua, 04 de Abril de 2012
CLIPPING INTERNACIONAL (Supreme Court)
Judge refuses to dismiss class allegations
in gender bias suit against Bayer
NEWARK, N.J.—A federal judge has refused to
dismiss a lawsuit alleging gender discrimination by
Bayer HealthCare Pharmaceuticals Inc., for which
plaintiffs have said they will seek class action status.
In his ruling Friday in Victoria Barghout et al. vs. Bayer
HealthCare Pharmaceuticals et al., U.S. District Court
Judge Dennis M. Cavanaugh said the effort to dismiss
the allegations was premature.The complaint, which
was filed last year by New York-based Sanford Wittels
& Heisler L.L.P. on behalf of eight women, alleges that
Wayne, N.J.-based Bayer and related units
discriminated in pay, promotions, pregnancy and
family responsibility issues in violation of Title VII of the
Civil Rights Act of 1964, the Fair Labor Standards
Act, the Family and Medical Leave Act as well as state
law, among other charges. Bayer HealthCare said in a
statement that it has “continuously denied” charges of
gender class discrimination. The company “is
committed strongly to a policy of nondiscrimination
and equal treatment for all employees.”
Judge Cavanaugh said in his decision that “plaintiffs"
complaint as a whole sufficiently shows that female
employers felt adverse effects at work especially in
terms of opportunities for promotion and the privilege
of maternity leave, despite the existence of facially
neutral policies.” The ruling also said plaintiffs “further
sufficiently plead their claims under the Equal Pay
Act.”While the plaintiffs have said they plan to seek
class certification, the defendants have said that the
U.S. Supreme Court"s decision last year in Wal-Mart
Stores Inc. vs. Betty Dukes et al. precludes certification
“because plaintiffs do not state a classwide claim for
relief.” However, the judge said in his ruling, “although
the Dukes court reasoning is binding and relevant to
analysis of whether an expansive class of
employee-plaintiffs should be certified, its applicability
is tenuous at this stage of litigation.”Commenting on
the ruling, attorney Katherine M. Kimpel, a partner in
Sanford"s Washington office, said the ruling is
“consistent with what courts across the country” have
done in response to “attempts to use the Wal-Mart
decision too broadly and too aggressively.”
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