A blow for women – Supreme Court sides with Walmart against women’s rights

June 20, 2011

MSNBC – WASHINGTON — The Supreme Court blocked the largest sexual-discrimination lawsuit ever from proceeding as a class action on Monday, handing a victory to Wal-Mart in a case that pitted the massive retailer against millions of its female employees.

The court’s decision could have broad implications for workers seeking jointly to sue their employers in large bias cases.

The justices all agreed that the lawsuit against Wal-Mart Stores Inc. cannot proceed as a class action in its current form, reversing a decision by the 9th U.S. Circuit Court of Appeals in San Francisco. But they split 5-4 along ideological lines over whether the plaintiffs should in essence get another chance to make their case.

The lawsuit could have involved up to 1.6 million women, with Wal-Mart facing potentially billions of dollars in damages.

Now, the handful of women who brought the case may pursue their claims on their own, with much less money at stake and less pressure on Wal-Mart to settle.

The majority agreed with Wal-Mart’s argument that being forced to defend the treatment of female employees regardless of the jobs they hold or where they work is unfair.

Justice Antonin Scalia’s opinion for the court’s conservative majority said there needs to be common elements tying together “literally millions of employment decisions at once.”

To read the MSNBC article, click here.