For many marginalised communities, accessing justice is far from straightforward. Systemic inequalities, financial barriers, and limited legal resources make it difficult to hold powerful entities accountable. But group litigation is helping to balance the scales. By pooling resources, underrepresented groups can join forces and take on mass wrongdoers together. In this guide to ‘group litigation marginalised communities’, we look at how class actions empower vulnerable groups, examine cases where it has been particularly impactful, and discuss the role lawsuits play in driving social justice.
How group litigation supports marginalised communities
Group claims make it easier for marginalised communities to take on powerful defendants. Let’s look at this in more depth…
Levelling the playing field
Many marginalised individuals do not have the resources to engage in lengthy legal battles, especially against wealthy corporations or well-funded institutions. One of the biggest advantages of group litigation is that it lets people join cases they couldn’t afford to pursue alone.
Group litigation spreads costs across all claimants, so no one individual is left to shoulder the financial burden. In addition, claims are often run on a no-win, no-fee basis. With costs only due if the case is successful, this financial model empowers claimants to pursue justice without incurring overwhelming debt.
Amplifying voices and increasing visibility
Marginalised communities often struggle to have their voices heard. But when hundreds or thousands of people come together to pursue justice, their unified voices are more difficult to ignore. Attracting media attention and public support, group claims place pressure on the defendant to negotiate or settle.
Strengthening the case through shared experiences
In cases involving marginalised communities, having a group of claimants with shared experiences can strengthen the legal argument. By making it clear to the court that the harm is not isolated but systemic, collective actions increase the likelihood of a favourable outcome for the claimants.
Types of cases where group litigation has helped marginalised communities
Here are some areas where group litigation has made a significant impact on the rights of marginalised communities across the world:
Environmental justice claims
Marginalised communities are often disproportionately affected by environmental hazards such as pollution, industrial waste, and unsafe living conditions. Group litigation helps affected individuals pursue justice collectively.
Hinkley water contamination claim
In the United States, residents of Hinkley, California, launched a group litigation case against Pacific Gas and Electric after toxic chemicals from its plant contaminated the local water supply. The town of Hinkley was small and largely consisted of working-class residents. A lack of resources meant limited access to legal representation, making it difficult for any one resident to address the large-scale environmental injustice on their own.
A group action case, famously depicted in the film Erin Brockovich, resulted in a $333 million settlement. The case also led to policy changes, increased public awareness of the health risks associated with industrial pollution, and pushed for more stringent environmental regulations.
Canadian government and Indigenous water contamination
In Canada, Indigenous communities filed a case against the federal government after they suffered contaminated drinking water. The lawsuit claimed the Canadian government violated the community’s right to clean water and proper sanitation. The case resulted in a historic settlement, with the government pledging billions in compensation and funding infrastructure improvements.
Workplace discrimination claims
Workplace discrimination based on race, gender, disability, or other factors can have lasting consequences for marginalised groups. Group litigation clarifies these issues are not isolated incidents but part of a larger pattern of wrongdoing.
Asda equal pay claim
In the UK, female employees at Asda initiated a group litigation claim, alleging they were paid less than their male colleagues for comparable work. The case has been ongoing for several years, has attracted considerable attention, and has highlighted gender-based pay disparities across the retail industry. By uniting in a group claim, the claimants have strengthened their case and brought visibility to the issue.
Similar claims against Tesco, Morrisons, the Co-op and Sainsbury’s are also ongoing.
Uber driver’s claim for racial discrimination
In 2021, Uber drivers launched a compensation claim for alleged racial discrimination. Uber uses an automated system for driver identity verification. This system periodically prompts drivers to take a selfie within the app, which is then compared to their profile photo using facial recognition technology. But some drivers of diverse backgrounds claim the system couldn’t correctly ID them. As a result, their Uber accounts were deactivated – without any human reviewing the mismatch.
Claimants argue Uber failed to investigate the potential discriminatory effect of its software. According to the Independent Workers of Great Britain trade union, at least 36 drivers had their employment with Uber terminated due to its “racist algorithm”. This claim is ongoing.
Housing rights and unsafe living conditions
Marginalised communities often face housing inequalities, including poor living conditions, unsafe structures, and lack of access to essential services. Group litigation is helping tenants collectively address these issues, seek redress, and push landlords and housing authorities to provide safer, more equitable housing.
Grenfell Tower fire claim
In the UK, residents of the Grenfell Tower pursued group litigation against 22 parties, including cladding and insulation manufacturers, architects, the Home Office, and the Royal Borough of Kensington and Chelsea. The claim aimed to hold them accountable for a devastating fire that killed 72 people and displaced hundreds in 2017.
In 2023, hundreds of bereaved family members, survivors, and local residents reached a settlement. The Grenfell Tower fire case revealed numerous safety violations and systemic issues in social housing, ultimately leading to a government review of building safety regulations and improved housing standards across the UK.
New York City Housing Authority contamination claims
Residents of public housing complexes managed by the New York City Housing Authority (NYCHA) filed a group litigation case due to severe issues with mould, lead contamination, and unsafe living conditions. The residents, largely from low-income and minority communities, alleged the authority neglected critical repairs and maintenance, which led to hazardous living conditions that jeopardised residents’ health.
In 2018, NYCHA entered into a landmark $2 billion settlement agreement, committing to extensive improvements, including mould remediation, lead abatement, and infrastructure upgrades. This case brought attention to the disparities in housing standards faced by low-income communities and set a precedent for holding public housing authorities accountable for mass health violations.
Data protection claims
With the rise of digital technology, data breaches and unauthorised data sharing have become significant issues, often impacting marginalised communities. Group litigation is helping to challenge companies that fail to protect personal information or engage in exploitative data practices.
Grindr data breach claim
Grindr, a dating app widely used by LGBTQ+ individuals, faced data security concerns in 2018 when it was revealed that users’ HIV status, sexual orientation, and location data were being shared with third-party companies without adequate protection. For affected individuals, especially in countries or regions where homosexuality is criminalised or stigmatised, this breach posed serious risks to their safety, privacy, and wellbeing.
Cambian Group data breach claim
In 2023, the Cambian Group, one of the UK’s largest providers of care and education services for children and adults with disabilities, autism, and mental health needs, experienced a data hack. Sensitive medical, personal and financial records were compromised, and following the breach, much of this data was found online.
The Cambian Group data breach directly impacted vulnerable individuals, including foster children. For those in care settings, personal data exposure can exacerbate vulnerabilities and lead to potential abuse, exploitation, or discrimination. This claim is still ongoing.
The broader impact of group litigation on social justice
Helping marginalised communities come together and demand accountability, group litigation is shedding a light on systemic issues, driving public awareness, and often leading to policy changes.
- Shining a spotlight on systemic issues: Group litigation cases involving marginalised communities often highlight problems that might otherwise remain hidden. The publicity generated by these cases places pressure on companies and governments to address underlying issues, creating an opportunity for meaningful change.
- Encouraging policy reforms: Group litigation can also lead to policy reforms by prompting legislators and regulatory bodies to address gaps in existing laws – benefiting not only the claimants but society as a whole.
- Promoting corporate accountability and transparency: The risk of litigation encourages companies to implement better policies, adopt ethical practices, and take proactive steps to prevent future harm.
Group litigation marginalised communities: final thoughts
By joining forces in collective action, individuals can break through the financial and systemic barriers that keep marginalised groups from getting justice. What’s more, as well as seeking compensation, group litigation also shines a spotlight on social injustices, pushes for policy reforms, and advocates for systemic change.
If you or your community have faced injustice, group litigation could help you stand up for your rights and make a lasting difference.
Find out how to join forces, take action, and be part of a movement toward a fairer, more equitable future with Join the Claim.
