Class action litigation: Communicating with the public and class members

Home Depot, Texaco, Publix, Dominicks, State Farm, Honda, and a number of other large employers all have one dubious distinction in common-each has recently been sued in large employment class actions alleging pattern and practice sex and/or race bias. These high profile cases directly implicate the employer's relationship with its employees as well as the public. External and internal communication becomes a key part of the litigation-sometimes played out in the courtroom, but often in the workplace and beyond. This article provides an overview of the general principles, discusses a number of the recent leading cases and closes by suggesting that, absent a court's willingness to manage in some detail the litigation and also be sympathetic to and understanding of an employer's legitimate business concerns, defendants will have to accept the fact that such communications will occur along with their attendant adverse consequences.