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Women Wanted: Merck Faces Class Action In $250m Discrimination Case

 
• By Mandy Jackson

A handful of former female sales representatives suing Merck & Co. Inc. for gender discrimination, including an alleged bias against employees who took maternity leave, could become a very large group of women now that the lawsuit seeking $250m in damages has been granted conditional certification as a collective action under the Equal Pay Act (EPA).

US District Court Judge Michael Shipp in New Jersey issued a written opinion on April 27 that granted conditional class action status for Kelli Smith's 2013 lawsuit, which was amended in January 2014 to add four plaintiffs. (Also see "Merck slapped with $100M discrimination lawsuit" - Scrip, 10 May, 2013.) Both sides' attorneys must now negotiate the wording of a notice by May 27 that will give thousands of current and former female sales representatives about 60 days to opt in as a member of the class that's suing Merck for alleged systemic discrimination against women.

"We remain confident that this case lacks merit – this is a procedural step that is typical in the early...

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