In both litigation and negotiation, collective action helps to promote robust enforcement of individual rights. We argued that the ability of workers to challenge gender discrimination in the workplace through class action litigation is critical to realizing the promise of our nation's civil rights laws because retaliation and economic barriers to litigation often render individual enforcement efforts impracticable. Dukes, a case involving the use of class actions to challenge gender discrimination. For example, we recently filed a brief in the Supreme Court in Wal-Mart Stores, Inc. The ACLU has consistently stood up for this principle. Collective bargaining statutes recognize the principle that collective action is often necessary to protect individual rights. Collective bargaining statutes take into account the economic reality that individual workers typically lack the economic bargaining power to stand up meaningfully for their individual rights.
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