{"id":192,"date":"2022-11-16T18:34:59","date_gmt":"2022-11-16T22:34:59","guid":{"rendered":"https:\/\/blogs.duanemorris.com\/classactiondefense\/?p=192"},"modified":"2022-11-16T18:34:59","modified_gmt":"2022-11-16T22:34:59","slug":"when-consistency-creates-commonality","status":"publish","type":"post","link":"https:\/\/blogs.duanemorris.com\/classactiondefense\/2022\/11\/16\/when-consistency-creates-commonality\/","title":{"rendered":"When Consistency Creates Commonality"},"content":{"rendered":"

\"\"<\/a>By Jonathan A. Segal<\/a><\/strong><\/p>\n

Duane Morris Takeaways:<\/strong> Guest blogger Jonathan A. Segal \u2013 one of the deans of the employment bar in the United States \u2013 offers his ruminations on the challenges that employers face in class action litigation.<\/em><\/p>\n

I recently attended an employment law webinar.\u00a0 It got me thinking about employers and the challenge of dealing with workplace class action litigation.<\/p>\n

At one point, when discussing how to minimize exposure to discrimination claims, a seminar speaker opined there are three words to keep in mind at all times:\u00a0 \u201cConsistency, Consistency and Consistency.\u201d<\/p>\n

When it comes to performance management, if employers treat employees consistently when the circumstances are the same or substantially similar, they can mitigate exposure to individual discrimination claims.\u00a0 The consistency ensures that helpful comparators exist, which employers can use to defend an alleged employment discrimination claim. Of course, and as important, the consistency here is critical to a strong workplace culture.<\/p>\n

However, consistency is not always desirable.\u00a0 Huh? Stay with me.<\/p>\n

Rule 23 of the Federal Rules of Civil Procedure 23 provides:<\/p>\n