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REAL WORLD EVENT DISCUSSIONS
Supreme Court rules for Wal-Mart
Sunday, June 26, 2011 11:15 AM
NIKI2
Gettin' old, but still a hippie at heart...
Quote:The Supreme Court put the brakes on a massive job discrimination lawsuit against mega-retailer Wal-Mart Stores Inc., saying the plaintiffs had not shown justification for sweeping class-action status that could have potentially involved hundreds of thousands of current and former female workers. The 5-4 ruling Monday -- which addressed the claims in the lawsuit only in terms of whether they supported such a huge class action -- was a big victory for the nation's largest private employer, and the business community at large. The high-profile case -- perhaps the most closely watched of the high court's term -- is among the most important dealing with corporate vs. worker rights that the justices have ever heard, and could eventually affect nearly every private employer, large and small. "On the facts of the case," wrote Justice Antonin Scalia for the majority, the plaintiffs had to show "significant proof that Wal-Mart operated under a general policy of discrimination. That is entirely absent here." He added, "In a company of Wal-Mart's size and geographical scope, it is quite unbelievable that all managers would exercise their discretion in a common way without some common direction." While this particular class action has effectively ended, the individual plaintiffs could band together and file a series of smaller lawsuits aimed at individual stores or supervisors. Plaintiff Betty Dukes told CNN affiliate KRON she was disappointed, but not altogether discouraged by the ruling and urged other working women not to give up hope. "The Supreme Court has definitely muddied the waters for civil rights class-action lawsuits," she said. "We will proceed forward and we will continue to believe that this case has some merits to be judged upon." Four more liberal justices agreed this particular class should not proceed to trial, but criticized the majority for not allowing the female workers to move ahead with their claims under a different legal approach. "The court, however, disqualifies the class from the starting gate," wrote Justice Ruth Bader Ginsburg. "Wal-Mart's delegation of discretion over pay and promotions is a policy uniform throughout all stores," said Ginsburg, arguing the plaintiffs' claims had some validity. Establishing that delegation of discretion "would be the first step in the usual order of proof for plaintiffs seeking individual remedies for companywide discrimination." She was supported by Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan. At issue was whether as many as 1.6 million current and former female Wal-Mart employees could make a unified claim of systemic discrimination, which they say has occurred over the past decade, at least. The plaintiffs alleged women were paid less than, and were given fewer opportunities for promotion than, their male counterparts. They sought back pay and punitive damages against the world's largest retailer. The Supreme Court ruled only on whether the original lawsuit should be handled as a class action, instead of lower courts potentially being flooded with thousands of individual discrimination claims against the company. If the justices had ruled against Wal-Mart, permitting class-action status, it could have put severe pressure on the company to settle the claims out of court. The lawsuit alleged the company's "strong, centralized structure fosters or facilitates gender stereotyping and discrimination." The lawsuit alleged the company's "strong, centralized structure fosters or facilitates gender stereotyping and discrimination." The workers who brought the suit also said women make up more than 70% of Wal-Mart's hourly workforce but in the past decade made up less than one-third of its store management. "I brought this case because I believe that there was a pattern of discrimination at Wal-Mart, not just in my store, but I believe that it is across the country," Dukes told CNN at the court. "Since we have filed our lawsuit in 2001 I have heard from numerous women telling me basically the same story as mine of disparate treatment in lack of promotion as well as in lack of pay." The company said it was pleased with the court's decision.
Sunday, June 26, 2011 2:23 PM
GEEZER
Keep the Shiny side up
Sunday, June 26, 2011 3:18 PM
AURAPTOR
America loves a winner!
Sunday, June 26, 2011 4:26 PM
DREAMTROVE
Quote:Originally posted by AURaptor: As Cheney ( correctly ) made clear, the big guy isn't always the bad guy. " I do not love the bright sword for its sharpness, nor the arrow for its swiftness, nor the warrior for his glory. I love only that which they defend. "
Sunday, June 26, 2011 6:01 PM
KWICKO
"We'll know our disinformation program is complete when everything the American public believes is false." -- William Casey, Reagan's presidential campaign manager & CIA Director (from first staff meeting in 1981)
Sunday, June 26, 2011 6:10 PM
Sunday, June 26, 2011 6:45 PM
RIONAEIRE
Beir bua agus beannacht
Monday, June 27, 2011 1:58 AM
Monday, June 27, 2011 12:18 PM
Quote: This was a lawyer-friendly decision. It just means that more lawyers get to file more localized lawsuits and make more money.
Quote:Cheney is always the bad guy. He's not that big
Quote: It's the enemy of the free market
Monday, June 27, 2011 1:42 PM
Monday, June 27, 2011 2:32 PM
Monday, June 27, 2011 2:55 PM
THEHAPPYTRADER
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