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Perspective

Aug. 3, 2010

'Tap On the Shoulder' Promotion Method, Too Subjective?

With discrimination class actions on the rise, employers are wise to keep their pay and promotion practices as balanced as possible, by Jennifer L. Gokenbach of Ogletree, Deakins, Nash, Smoak & Stewart.

By Jennifer L. Gokenbach

When does subjective decision-making by an employer become too subjective? This is, in essence, the question posed by the plaintiffs in Fulcher Jr. et al. v. 24 Hour Fitness USA Inc. - a recent class action lawsuit filed on July 13, 2010 in Alameda County Superior Court, seeking certification of a class of up to 10,000 minority and female 24 Hour Fitness employees. Among other things, the plaintiffs allege that the private ...

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