On July 2, 1964, President Lyndon B. Johnson signed the landmark Civil Rights Act of 1964, which banned discrimination based on race, color, religion, sex or national origin. In particular, Title VII of the Act, which focused on discrimination by employers with at least 15 employees, provided workers with new ammunition in the fight against discriminatory companies and policies. President Johnson said the Act would help “eliminate the last vestiges of injustice in our beloved country.”
But as it turns out, there was still more work to be done. Today's in-house counsel aren't dealing with their parents’ Title VII.
The big data dilemma
Data has always been an integral part of Title VII litigation; at its essence, proving discrimination or non-discrimination is a numbers game. However, as data collection techniques have recently become more sophisticated, Title VII litigation has grown in kind. Burkhardt says a growing reliance on statistical analysis has helped lead to some of the bigger class action cases in recent years.