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Supreme Court Rules for Wal-Mart in Gender Discrimination Suit

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Editor's note: The Supreme Court ruled today that Wal-Mart vs. Dukes, a the class-action gender discrimination suit on behalf of as many as 1.5 million women, that the New York Times called "the largest employment discrimination case in the nation’s history," cannot go forward. Writing for the majority, Justice Antonin Scalia said that "merely showing that Wal-Mart’s policy of discretion has produced an overall sex-based disparity does not suffice" to certify the women who worked at Wal-Mart as a class of plaintiffs.

BlogHer Publishing Network member Hello Ladies has been following the lawsuit for months. This past weekend, in Waiting for Wal-Martvs. Dukes, she shared a terrific roundup of other active cases that affect working women. I can't wait for her full take on today's decision, promised to come later. -- Julie

Hello Ladies on the Wal-Mart vs. Dukes Case:

From Wal-Mart Gender Discrimination Case Is a Familiar Debate for Some Women:

Tomorrow’s hearings will not focus on whether Wal-Mart discriminated against women. Rather the court will evaluate whether the women who have worked at Wal-Mart have enough in common to be considered a class. The size of the class has been reported at 1.5 million women. Wal-Mart lawyers have argued that the women have little in common except gender.

From Will Justices Split Down Gender Lines?:

The case was sparked ten years ago by Doris Dukes, a 60 year old store greeter, and claims women at the giant retailer are paid less than men, have fewer opportunities for promotion than their male coworkers, and are poorly represented at the management levels of the organization. This case has also leveled accusations of a work environment that included team meetings at Hooters and requests for women to “doll up.”

Read full coverage of the Wal-Mart Gender Discrimination ruling on Hello Ladies.

Walmart sign

Image by Jo Naylor via Flickr.

Read more from Supreme Court Rules for Wal-Mart in Gender Discrimination Suit at Hello Ladies

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lauracarroll 5 pts

While I understand in theory that to qualify as a class there needs to be cohesion of claims, it seems to me that unequal pay and a history of lack of promotion even in light of more experience is cohesion enough. Given that all Justices voted to reject it as a class, there must be legal merit, but it sure strikes me as sad for wronged employees being able to ban together to fight large corporations.
Laura Carroll

Childfree author of Families of Two

blogging at La Vie Childfree http://lauracarroll.com ( http://lauracarroll.com/ )

HelloLadies 5 pts

Joanne,

I had a similar reaction to Scalia's comment that, "surely most managers in a corporation that forbids sex discrimination — would select sex-neutral, performance-based criteria for hiring and promotion that produce no actionable disparity at all.”

Where has this guy worked?

http://www.helloladies.com

PunditMom 5 pts

http://www.punditmom.com/2011/06/supreme-court-tel... ( http://www.punditmom.com/2011/06/supreme-court-tel... )

Joanne Bamberger aka PunditMom ( http://www.punditmom.com )

My new book now available! Mothers of Intention: How Women & Social Media are Revolutionizing Politics in America
http://amzn.to/igwU7C