The class action gender discrimination suit against Walmart, which had been given a green light by a federal judge and a federal appeals court, could be losing steam in the Supreme Court.
Lawyers for the plaintiffs must prove Walmart had an unlawful policy that led to the discrimination. The UPI explained the challenge they face in trying to prove the class has merit, “The basic claim in the suit is that Walmart maintains a common culture — “the Walmart Way” — to ensure uniformity in its 3,400 stores … but the corporate headquarters gives local store managers unlimited discretion to decide pay and promotions — resulting in lower pay and fewer promotions for women.”
Many close to the case and present in the courtroom said the justices seem divided down gender lines with Justices Sotamayor, Ginsburg and Kagan revealing support for the case in their line of questioning. The St. Petersburg Times reported, “ Ginsburg, who made her legal reputation in sex-discrimination law, said WalMart’s experience shows how “gender bias can creep” into the workplace. It isn’t “at all complicated,” she said. “Most people prefer themselves. And so a decisionmaker, all other things being equal, would prefer someone who looked like him.”
The case was sparked ten years ago by Betty Dukes, a 60 year old store greeter, and claims women at the giant retailer are paid less than men, have fewer opportunities for promotion than their male coworkers, and are poorly represented at the management levels of the organization. This case has also leveled accusations of a work environment that included team meetings at Hooters and requests for women to “doll up.”
Walmart had asked for a review of the appeal court ruling that paved the way for a massive class action suit against the retailer (reports have the size of the class at more than a million). Treating the case as a class action obviously has major implications for both Walmart and its female employees. If the court rules in favor of the employees, Walmart could face a huge payout. If the court rules against the class, many women could be denied an opportunity to deal with any individual discrimination cases they may have.
Gender discrimination can be challenging to identify and the long-term effects can remain hidden indefinitely. Women must have squeaky clean employment records or risk having their character and work ethic shredded during a suit. And many lawyers won’t take individual cases as the dollars involved don’t make it worth their time.
There is plenty at stake here. A ruling is expected in June.
