Morning Coffee Jun 21 2011

Wal-Mart Verdict Consequences

By chris prentice

The Supreme Court dismissed the largest-ever employment discrimination case yesterday, a big win for the plaintiff, Wal-Mart Stores Inc.

The decision in favor of the nation's biggest employer will do more than impose new limits on class-action suits against large organizations -- it will make it much harder for employees to change workplace culture by banding together.

The court decided that claims of gender bias in pay and promotions on behalf of as many as 1.5 million female workers could not be packaged into a single lawsuit. There was no proof of a "companywide discriminatory pay and promotion policy," Justice Antonin Scalia said.

The court's four liberal members agreed with some of the ruling but dissented on other points. Justice Ruth Bader Ginsberg said that both statistics and individual anecdotes indicate a prevalent gender bias in Wal-Mart's corporate culture, noting that senior management often refer to female associates as "little Janie Qs."

The case could have amounted to billions of dollars of charges for Wal-Mart and included women in 170 kinds of jobs across 3,400 stores. The court made no ruling about whether individual claims of discrimination were valid. But the days of huge discrimination suits on behalf of many employees may be numbered. (FINS, WSJ)



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