In 2011, the United States Supreme Court ruled in Wal-Mart Stores Inc. v. Dukes that 1.5 million women could not bring a class claim for gender discrimination against their employer, Wal-Mart, because factual issues relating to the wide range of underlying allegations could not be resolved “in one stroke.” Now, as the #MeToo movement gains increasing momentum, and as more victims of harassment and discrimination come forward and bring claims against their respective employers, courts are faced with how to handle class claims in light of Dukes.

Although some claimants may face the same fate as the plaintiffs in Dukes and have their class claims denied, new legislation aimed at helping victims of sexual harassment, as well as unique litigation strategies, may help such victims establish classwide claims and obtain classwide relief after all.

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