Wal-Mart accused of discrimination

The Supreme Court agreed to hear an appeal on a case claiming that Wal-Mart discriminated against thousands of female employees on Monday.

According to The New York Times, the case is likely to be heard by the end of June and will not discuss whether or not Wal-Mart favors men over women but whether or not the case can be tried as a class-action suit. Wal-Mart's main objection to having the case tried in this manner is that this particular class if fairly large, due mostly to the company's size.

USA Today reported that Wal-Mart sought to have the class action suit reversed, claiming that it could potentially cover more than 1 million employees company wide.

Judge Susan B. Graber countered this, writing in a concurrence, "If the employer had 500 female employees, I doubt that any of my colleagues would question the certification of such a class. Certification does not become an abuse of discretion merely because the class has 500,000 members."

Judge Alex Kozinski did not agree with Judge Graber however. "Maybe there'd be no difference between 500 employees and 500,000 employees if they all had similar jobs, worked at the same half-billion-square-foot store and were supervised by the same managers," he wrote. "They (the women) have little in common but their sex and this lawsuit."

According to both The New York Times and USA Today, this case could could significantly affect class-actions and job-discrimination cases nationwide.

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This page contains a single entry by published on December 8, 2010 3:10 PM.

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