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Walmart wins sex discrimination case
FT.com ^ | June 20 2011 | Barney Jopson

Posted on 06/20/2011 9:21:09 AM PDT by facedown

Walmart has scored a crucial victory in the world’s largest sex discrimination case after the US Supreme Court threw out a class action lawsuit against it that sought to encompass more than 1m people.

The decision is likely to have wide-ranging implications for the course of legal disputes between big business and workers in the US because it will establish new standards plaintiffs must meet in order to mount class actions.

Walmart was accused by six plaintiffs of paying women in the US less than men and of passing them over for promotion, but they had sought to represent a larger group of current and former female employees estimated to number up to 1.5m.

(Excerpt) Read more at ft.com ...


TOPICS: Breaking News; Business/Economy; Front Page News; News/Current Events
KEYWORDS: discrimination; lawsuit; ruling; scotus; ussc; walmart; workplace
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A unanimous decision!
1 posted on 06/20/2011 9:21:13 AM PDT by facedown
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To: facedown
A unanimous decision!

Even the "wise latina".

2 posted on 06/20/2011 9:28:05 AM PDT by Paleo Conservative
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To: facedown

Misleading headline. This was regarding whether to certify the actions as a class-action only. Individuals will still be able to sue on the merits of individual cases, just not in a class-action.


3 posted on 06/20/2011 9:32:43 AM PDT by ilovesarah2012
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To: ilovesarah2012
Individuals will still be able to sue on the merits of individual cases, just not in a class-action.

Much of the discussion this morning has been about how expensive it will be for WM to fight these individual court battles. Speculation is they will be forced to settle most of them.

I want to know how all those women are paying their legal costs. Is the ACLU paying for the lawyers? Ummmm, excuse me. Are you and I paying the ACLU to pay for their lawyers? When the defense is "free", claimants can keep it in court ad infinitum!

4 posted on 06/20/2011 9:39:09 AM PDT by REPANDPROUDOFIT (General, Sir, it is perfectly ok to call me "Ma'am"!)
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To: ilovesarah2012

>>relax and help him by telling people about him, thats what Cain supporters are busy doing now :)<<

But the implications for WalMart are massive. Individually, they can easily take on the cases. It will be swatting at fleas, using their existing resources. They will lose a few, win most.

If this class action had proceeded it could have cost WalMart billions.


5 posted on 06/20/2011 9:40:35 AM PDT by freedumb2003 (Herman Cain 2012)
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To: ilovesarah2012

“Misleading headline. This was regarding whether to certify the actions as a class-action only. Individuals will still be able to sue on the merits of individual cases, just not in a class-action.”

Not to mention there were a number of ancillary issues that Walmart barely won by a 5-4 vote. For instance, the Marxist Four wanted to send the class action lawsuit back to the lower court to be amended with a different “legal theory” and allowed to proceed from there. Fortunately, the five good folk on the court threw the whole thing out, sending the plaintiffs back to below square zero in starting over if they so choose. That would mean another 10 years to get back to the Supreme Court with a far more limited claim, not to mention no fees for at least 20 years from when the first suit started.


6 posted on 06/20/2011 9:46:54 AM PDT by catnipman (Cat Nipman: Made from the right stuff!)
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To: freedumb2003

They’d make up for the loss by buying more crap from China.


7 posted on 06/20/2011 9:47:41 AM PDT by Jonty30
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To: facedown
We are not equal....none of us....There are both good and bad male and female employees.

Our Walmart hires a lot of women I wouldn't even think of hiring. In fact, I see no male employees at all. Clerical is clerical. It's not rocket science. It's a low paying, boring job. And most of us did it at some point.

8 posted on 06/20/2011 9:49:58 AM PDT by Sacajaweau
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To: REPANDPROUDOFIT
It's a large mistake to think that ‘women’ and the ACLU
righteously attacked WM. It was a big labor move, as
all previous attempts to get the work force at WM to
unionize. It's Big Labor that hates WM, using
women employees - (who probably were paid potted plants)to
bring grief and financial ruin to WM. They will try again.
Past action against the fact that some WM’s sold guns and ammo were beat back. Maybe it will be Big Gov that will
attack the pharmacy at my WM... who knows, but WM has too many employees, with possible union dues, to be ignored by Big Labor. No wonder “card check” is #1 issue with
Big Labor.
9 posted on 06/20/2011 10:02:23 AM PDT by seenenuf ( PREPARE TO BE TESTED!)
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To: Sacajaweau

Most of the employees at the Walmart I frequent are non or barely English speaking women. The only English they know how to say is - “I not speak English”. (I’m guessing they know a little more English than they let on)


10 posted on 06/20/2011 10:03:30 AM PDT by rockabyebaby (We are sooooooooooooooooooooooooooooooooo screwed!)
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To: facedown

Thank goodness for America no little Chinese girls were permitted by Wal-Mart’s manufacturers to stand trial. Time to Wave Old Glory! (The little buggers did do a lovely job on this one over here, didn’t they? And what a price!)


11 posted on 06/20/2011 10:10:51 AM PDT by golux
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To: seenenuf

I find it ironic that Big Labor, and its Marxist puppeteers, are trying to kill Wal Mart simply because it’s big and nonunion.

These ideological whackos refuse to acknowledge the fact that Wal Mart hires many folks from poor areas and sells poor people nice quality stuff they can afford.

It’s good the SC knocked the class action down. Let these allegedly wronged women sue individually and see what happens. I wonder if ACLU will stick by them if they do.


12 posted on 06/20/2011 10:12:14 AM PDT by dools0007world
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To: facedown

I’m glad we have a semi-majority in the Supreme Court. (Kennedy trends right but will occassionally go left field)
That said this is case is just a horrible piece of crap. It started with a woman who just thought that if she just stayed around long enough she’d move up. Sometimes that does happen but when it doesn’t it does not mean you are being treated unfairly. A part of getting promoted is attitude and many of these women have hurt themselves with their I’m a single Mom you have to promote me no matter how big a pain in the ass I’ll be. Life doesn’t work that way. Sometimes people will cut you a break but the best thing to do if you don’t feel you are getting a fair shake is to leave or transfer and don’t give me the crap that you just can’t. That is just a cop-out. I’ve left jobs, I’ve been layed off, that it is not easy but since when is it supposed to be? If you won’t take advantage of the freedoms you have then stay where you are. You have the job and the position you deserve because no one deserves to be made into a millionaire because they didn’t get a promotion they felt they should get. These women should grow up. Wal-Mart has countless women in high positions within the company but the difference is those women who have those positions know how to groom themselves something that even the men are required to do. I just don’t understand it. If you are so small that you can’t do the basic simple things then how in the hell do you think anyone is going to promote you? I swear adults today are just babies. They don’t need a promotion they need a bottle and a diaper.


13 posted on 06/20/2011 10:19:35 AM PDT by Maelstorm (Better to keep your enemy in your sights than in your camp expecting him to guard your back.)
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To: Sacajaweau

Most of the women Walmart hires are not qualified to do much more. I wonder how many of those suing had college degrees and were passed over for management positions....


14 posted on 06/20/2011 10:33:24 AM PDT by MissEdie (America went to the polls on 11-4-08 and all we got was a socialist thug and a dottering old fool.)
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To: facedown

I hate to think what will happen if one of the so called “conservative justices” dies or is incapacitated and we have a Democrat in the white house. They have to live at least another 12 months.


15 posted on 06/20/2011 10:37:14 AM PDT by Uncle Hal
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To: facedown

Reported on CBS radio this morning-without saying “Wal-Mart”!


16 posted on 06/20/2011 11:02:23 AM PDT by Spok
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To: facedown

Apparently even the liberals on the SCOTUS could see this was just an effort by trial lawyers to fill their own pockets at Walmart’s expense. The BEST ruling would have included an order to the plaintiffs to pay the defendent’s costs...


17 posted on 06/20/2011 11:23:43 AM PDT by American Quilter (Take back the White House and Senate in 2012--end the Obama Depression.)
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To: ilovesarah2012

This decision kills the “coupon settlement” firms who made their stock and trade on certifying ridiculous class actions.


18 posted on 06/20/2011 11:33:05 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Maelstorm

The communists believe all business should be profit prohibited.


19 posted on 06/20/2011 11:37:56 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: facedown

Just think of all the disappointed parasites that thought they had finally found their free ride. Been looking for their “ticket” for years...


20 posted on 06/20/2011 11:50:34 AM PDT by jacknhoo (Luke 12:51. Think ye, that I am come to give peace on earth? I tell you, no; but separation.)
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