Appeals panel: Court erred in 3M age bias case

The state Court of Appeals has reversed a Ramsey County judge's decision to certify a class-action, age discrimination lawsuit against 3M. The case concerns nearly 5,000 current and former 3M employees.

Five current and former employees sued 3M in 2004, claiming that the company violated the state's Human Rights Act by favoring younger workers in performance appraisals, selection for training programs, promotions, compensation, and terminations. 3M has denied these claims.

Last year, Ramsey County Judge Gregg Johnson granted the workers class-action status. But the state Court of Appeals said today Johnson certified the class before determining whether all the requirements for a class were met.

In seeking class-action status, the plaintiffs relied heavily on statistical analyses conducted by an expert they hired.

3M countered with its own experts who disputed the plaintiffs' methodology, and said their own statistical analyses found no pattern of discrimination.

The appeals panel ruled that parties seeking class action status must prove by a preponderance of the evidence that they've met the certification requirements.

It said that means district courts must address and resolve the relevant factual disputes, including disputes among expert witnesses. It said the district court did not do so when it certified the lawsuit as a class action.

The district court has the discretion to reopen the record and accept additional evidence when it reconsiders the certification motion, the appeals panel said.

3M, based in Maplewood, Minn., is a diversified manufacturer that makes everying from Post-it notes to LCD screen coatings to car components. The appeals court sent the case back to the judge to address those issues, namely to resolve disputes between expert witnesses.

(The Associated Press contributed to this report)