Supreme Court Rules Against Large Sex Discrimination Class Action

This morning the Supreme Court rejected a sex discrimination class action of 1.5 million women against Wal-Mart. The opinion, widely anticipated, held that there was not enough “glue” to make the individual claims into a class action. Although the ruling is unfavorable to workers, the Court cited one of its cases where an employment discrimination class action consisted of 334 persons. Implicit in today’s opinion is that a class that size could still proceed after today’s ruling. How much larger an employment discrimination class can be after today’s ruling is unclear.

Quoting a lower court judge, the Supreme Court stated that class members “held a multitude of different jobs, at different levels of Wal-Mart’s hierarchy, for variable lengths of time, in 3,400 stores, sprinkled across 50 states, with a kaleidoscope of supervisors (male and female), subject to a variety of regional policies that all differed. . . . Some thrived while others did poorly. They have little in common but their sex and this lawsuit.”

The case is Wal-Mart Stores, Inc. v. Dukes.

Please see article below.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck | Attorney Advertising

Written by:


Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.