Skip to Content

Get Your FREE Consultation

Blog

Supreme Court Rejects Discrimination Class Action Suit Against Wal-Mart

June 24, 2011

The United States Supreme Court ruled against a class of current and former female employees of Wal-Mart who had sued the nation’s largest private employer for employment discrimination. In ruling in favor of Wal-Mart, the court continued a disturbing trend of siding with big business and against individuals. In reversing lower courts which had allowed the case to proceed as a class action, the court imposed new and additional requirements on those seeking to pursue class claims.

In the case of Wal-Mart Stores, Inc. v. Dukes, the plaintiffs sued Wal-Mart and sought relief on behalf of a nationwide class of some 1.5 million female employees who had worked at Wal-Mart at any time since December 1998. The plaintiffs alleged that Wal-Mart discriminates on the basis of gender in pay and promotions. The plaintiffs presented evidence that even though women fill 70 percent of the hourly jobs in the retailer’s stores, only 33 percent of management positions are filled by women. There was anecdotal evidence of widespread discrimination against female employees. The plaintiffs’ evidence also included a report by a committee of female Wal-Mart executives that concluded that “stereotypes limit the opportunities offered to women” and expert testimony that the pay and promotions disparities at Wal-Mart “can be explained only by gender discrimination and not by . . . neutral variables.” The trial court and the Ninth Circuit Court of Appeals previously ruled that the plaintiffs had presented a proper class action and that a jury should decide the merits of the case. The Supreme Court, however, ruled in favor of Wal-Mart in a sweeping 5-4 decision.

In siding with Wal-Mart, the Supreme Court significantly raised the threshold for class certification, noting that there must be some “glue” holding together the claims of a would-be class. The court provided little guidance on what showing will be required to pursue class-wide relief. The decision continues a series of rulings in favor of corporate interests and against individuals in recent years.

In case after case, when presented the opportunity, the Supreme Court has made it more difficult for individuals to pursue employment and consumer claims in which corporate interests are on the other side of the case. In this instance, the Supreme Court has effectively prevented a class of women from pursuing damages totaling approximately $1,100 per year per person. For the individual workers who have been the victims of discrimination, those damages are significant, but not enough to entice good lawyers to pursue litigation against a behemoth like Wal-Mart on an individual basis. Without the ability to group their claims together and pursue them in a class action, the claims cannot be effectively pursued and the discriminatory practices will continue. The decision in Wal-Mart Stores, Inc. v. Dukes unfortunately continues a string of pro-business, anti-individual rulings by our nation’s highest court, which has been recently derided as “The Corporate Court” because of its bias in favor of big business.

TALK TO US NOW
FOR FREE
No Win, No Fee

Review Us

Martin & Jones, PLLC logo

“We would like to express our gratitude to you (Hunt Willis) for accepting our case. First of all, when I called this law firm, a very sweet and kind lady answered the telephone and gave me assurance by asking and going over the accident with me, while my husband was in the hospital. I felt assured I was doing the right thing for us. She was so helpful in so many ways. What a professional lady. Secondly, we are much pleased that you have settled this case with the insurance company to receive the proper amount to assist us in so many ways. My husband and I are very happy with you and the firm in handling our case. You made us have confidence in your professional and integrity along with your assistant Ms. Routh, when you both came to see us in our home, in which we saw your compassion and thoughtfulness at that time. We will never forget what you have done for us, and we thank the lord for directing me to contact this firm. I’m glad I did.” 

Contact Our North Carolina Personal Injury Law Firm

for a Consultation for Your Accident or Medical Malpractice Claim

Call us at 800-662-1234
TALK TO US NOW
FOR FREE
No Win, No Fee

The law firm you choose makes a difference. If you are the victim of an accident or an illness that someone else caused, the North Carolina personal injury law firm of Martin & Jones has the depth of experience, skills and sensitivity to make your road to recovery as smooth as possible. Whether you have experience with the legal system or have never hired a medical malpractice or personal injury lawyer before, our attorneys and staff will do our best to answer your questions, provide clear advice and prepare you and your family for what to expect. If you would like more information or to meet with one of our attorneys, please fill out the form below or call us at 800.662.1234.