WalMart Class Action Rejected by SCOTUS
Today (Monday, June 20) the New York Times summarized the Supreme Court's unanimous decision that the women's case against WalMart cannot proceed via class action. That's too bad, but the women who brought the suit can still sue WalMart on individual bases for the wrongs done to them. However, the worse news was in the split decision about the requirements for it to be considered class action. Justice Scalia's opinion, reflecting the five justices in the majority, said that to be considered class action, common elements had to be demonstrated that tied together "literally millions of employment decisions at once." He claimed these were absent. For the four justices in the minority, Justice Ginsburg wrote, ""Wal-Mart's delegation of discretion over pay and promotions is a policy uniform throughout all stores." The plaintiffs had argued that store-manager discretion was the problem that led to many decisions unfair to women.
Both sides considered this a landmark case about the use of class action to protect the downtrodden. The 1.6 million women working for WalMart all fall under this store-manager-discretion model of management, but they are now officially not a class and cannot sue as a whole for redress from the ill effects of this policy. The stores and the business community in general have portrayed this suit as potentially killing many businesses as very disparate classes ganged up on them based on vague similarites in their situations. They were very vocal in favor of any class action being based on striking and undenyable differences.
What do you think about this ruling?
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Perhaps the amount is rather insulting, considering the amounts other lawsuits are garnering today (20M and up) but as long as the procedures change, I think it was OK to settle with them, myself.
cheers,
Laura
I too am disappointed by the ruling. The bar has clearly been raised for groups seeking equality through the courts.
I am encouraged by the split decision though -- perhaps there may be hope in the future? Maybe by the time my daughter is my age?
Pay discrimination against women (and minorities) is widespread,and is present in almost every industry at every level. With this decision I fear that equal pay initiatives have been given a major setback. Quite sad for women. Unfortunately, the current state of the economy isn't helping fair pay arguments.
I think they raised the standard for what is a class action group substantially. This will certainly affect future cases for women appealing for wage differences and lawyers on NPR this morning were clear that they were reviewing all their cases now to see what would need to revised or rejected by the courts.
It is a huge setback for women in particular because the problem is so widespread as regards wage inequities, regardless that the male justices don't get it. Their blindness is exactly why it continues to happen!
I also read Nickled and Dimed and agree with FBP and the others that the individual women won't be able to form a "more cohesive" class action group. It is tragic that the most vulnerable people are now left with no viable legal option.
I saw an interview with the first plaintiff, Ms Dukes, and she said individual women can't afford to sue big corporations like WalMart with deep pockets now. But then the lawyer was interviewed and he said maybe he can create a class in a local area. But Melissa, it sounds like creating a class based on the type of complaint might work better. They are really going to scrutinize who's in a class now, evidently, and it better be very cohesive. Tough luck for women!
Hi Laura,
I worried before that the plaintiffs ranged from management women who wanted promotion to hourly wage employees who had wage discrepancies. Also, the stores were all managed individually and all over the country. And the claim to centrality was based on management discretion, so individual management created a real problem inherent in the argument. So that's probably why the women on SCOTUS voted to block the class action. But the split decision was more interesting. There the conservative block of men seemed to think it was impossible that so many men discriminated against women. That's almost funny. The women, of course, did not buy that!
Hi Christi and Small Science Woman,
I think it's true that the male conservative bloc of justices simply refused to believe that essentially all women working for WalMart were victims of this discrimination. But there's no other way to explain the wage discrepancy there and in many other places. The women on the court all voted against the split motion, but strangely the court was unanimous in rejecting the overall suit. I found that confusing.
cheers,
Laura
Hi Laura,
When you posted about this earlier, you quoted one of the justices making it sound like he was incredulous that it could be widespread, and that just goes along with what Christianne said about their missing a chance to root out enormous prejudice and pay inequity. Why do those guys think women only make 77 cents for every dollar men make, unless there IS widespread injustice? I suppose all the women voted the other way on the class action motion. Sad.
Hi Laura,
I'm very dissapointed in the court's ruling. I think this case demonstrates the widespread nature of gender bias. The court ruled that the class (of women workers at Wal-Mart) was "simply too large", as if the court couldn't acknowledge the fact that women everywhere are treated differently - and often paid less - because they are women. It's too big of a group. True, gender discrimination is not unique to the culture of Wal-Mart, but the court lost an opportunity here to formally recognize that women, by virtue of their gender alone, are regularly discriminated against in workplaces.
I actually hate to admit it, but I can see both sides of this argument. What worries me is that I read Nickel and Dimed and I doubt the women of WalMart can afford to sue if not through class action. I wonder if a more focused class action would have a better chance of success?
My son is a lawyer and he thinks that the court has clipped the wings of all groups needing redress. I agree. It is a sad day in our country when the Supreme Court protects business and not the little woman, the little man.
