When there is a work culture where discrimination is widespread or unlawful practices go unchecked involving pay, benefits or leave – many employees may be affected leading one or more to seek legal advice. When the unlawful behavior is endemic, the case may qualify as a class action lawsuit.
Most class actions (especially employment-related ones) start with one or a handful of individuals who feel they’ve been wronged and their attorney recognizes the potential for a much larger case, which can result in increased accountability and damages.
Anatomy of a Class Action
When there is unchecked, rampant sex discrimination in the workplace, a potential class action often starts with one or more employees filing a complaint with the help of an attorney and may eventually be certified as a class action if the evidence is there and the number of employees affected is sizable:
1. One or a few people reach out to an employment law attorney – An employee (or small group) contacts an employment attorney — often after being fired, denied promotion, harassed, or retaliated against for reporting discrimination in the workplace. What begins as an individual or mufti-plaintiff case, may turn out to have class potential if there are numerous plaintiffs affected similarly.
2. The attorney investigates for class-wide issues – If there is a clear case of sex discrimination the attorney will investigate further, reviewing company policies, performance reviews, EEOC complaints from others, internal emails, or statistical patterns. They look for common questions (e.g., “Did the company’s promotion system systematically disadvantage women?”) If the harm looks widespread – numerosity plus commonality – an individual or multi plaintiff lawsuit may become a class action suit.
3. Pre-suit steps – For discrimination claims, the attorney usually files an EEOC charge first (required before suing federally). This often uncovers other complaints or reveals a pattern. The lawyer may also send preservation letters or informally gather affidavits from coworkers.
- In Wisconsin, sex-discrimination class actions are typically filed in federal court under Title VII (after a mandatory EEOC charge, often dual-filed with the state Equal Rights Division (ERD). In contrast, Wisconsin Fair Employment Act (WFEA) claims are usually “individual” through the state Equal Rights Division (ERD) administrative process.
4. Filing the class-action complaint – The attorney files a lawsuit naming the original person(s) as class representative(s) aka lead plaintiffs, acting on behalf of a larger class. The complaint describes the common harm and asks the court to certify the class later.
5. Discovery and certification – Both sides exchange evidence and the judge reviews the evidence and looks at the number of plaintiffs to determine if a joinder of all members is impracticable. If so, the judge may certify the class.
Practical Guideline Used by Most Courts
Although not set in stone, decades of court decisions inform whether to certify a case as a class with regard to numerosity:
- 40 or more class members is generally presumed to satisfy numerosity (a widely used “rule of thumb”).
- Classes of 20–39 can sometimes be certified if other factors make joinder impracticable (e.g., members are scattered across the country or have limited resources).
- Classes smaller than 15–20 are rarely certified, because joinder is usually feasible, so the case proceeds as individual or multi-plaintiff lawsuits instead.
Other Requirements for a Class Action Certification
Numerosity is only the first hurdle. The plaintiffs must also prove:
- Commonality — Questions of law or fact common to the whole class
- Typicality — Named plaintiffs’ claims are typical of the class
- Adequacy — Representatives and their lawyers intend to fairly protect everyone’s interests in the class
- Damages – common questions must predominate with regard to determining damages
Changing a toxic work culture, where discrimination on the basis of sex or other protected classes of race, national origin, age, disability and others, often begins with one employee seeking accountability. An experienced employment law attorney can determine if there are other plaintiffs harmed in a similar way, and if so, move to have the case certified as a class action later. It is important that the employee discuss their concerns with a discrimination lawyer whether it is one plaintiff, a group, or a whole class to hold an employer accountable.
Damages in a Wisconsin Multi Plaintiff and Class Action Discrimination Lawsuit
In an individual, multi-plaintiff, or class action discrimination lawsuit, compensation can include back pay, front pay, emotional distress, and punitive damages. With regard to a class action suit specifically, the total settlement is typically divided among class members based on the severity of injuries and losses. Lead plaintiffs (representatives of the class) that file the case with the help of an attorney in the first place, typically receive a larger share of damages or settlement than regular class members, in the form of an incentive award.
Wisconsin Discrimination Class Action Attorneys
When you have suffered workplace discrimination, or you are being retaliated against after making a complaint of discrimination at your workplace, it is important to meet with an employment law attorney that has decades of experience in handling discrimination lawsuits in Wisconsin on your side. Our attorneys will advise you and pursue justice and compensation on your behalf. Contact the Wisconsin employment law attorneys at Alan C Olson & Associates for guidance at 262-785-9606.
