By: Micah Maidenberg April 16, 2012
In a 33-page ruling issued in late March, U.S. District Court Judge Joan Lefkow certified two classes of black Walsh employees who could be included in the lawsuit, potentially covering thousands of workers. A jury award in the case could be as high as $500 million if the workers prevail in the case, their lawyer estimates.(Crain's) — A dozen black workers employed by Walsh Group Ltd. have scored a big victory in a racial-discrimination suit against the Chicago-based construction company, with a federal judge allowing them to pursue their case as a class-action claim.
The ruling is a setback to Walsh, which had $3.4 billion in revenue in 2010, making it the largest contractor in the Chicago area, according to a 2011 Crain's list.
“The fact that she certified two of the claims gives the plaintiffs a real shot,” says Samuel Tenenbaum, an associate professor at Northwestern University School of Law. In class-action suits, the biggest hurdle for plaintiffs is often achieving class certification, he says. “A lot of this is very discretionary with the judge.”
Calls to Walsh were not returned. The company, which denies the discrimination allegations, had asked Judge Lefkow to deny class certification. Aimee Delaney, a partner at Hinshaw & Culbertson LLP in Chicago and the company's lead lawyer on the case, did not return calls seeking comment.
