Jun 212011
 

The Supreme Court of the United States denied female Wal-Mart employees their right to form a class to sue over gender discrimination against them.  SCOTUS came to this travesty by a 5-4 vote with the fascist four united and joined by Kennedy.  Nevertheless, these brave women are not giving up.

21WalfartThe women who sought to sue Wal-Mart Stores Inc. (WMT) for gender bias on behalf of 1.5 million co-workers said they will press their fight against the nation’s largest private employer in smaller lawsuits in lower courts and claims with the U.S. Equal Employment Opportunity Commission.

The U.S. Supreme Court yesterday said the women failed to prove the world’s largest retailer had a nationwide policy that led to gender discrimination. The court deprived them of the leverage a nationwide suit brings, both in pooled legal resources and a potential multibillion-dollar verdict, forcing them to pursue claims on their own.

“When I go back to work tomorrow, I’m going to let them know we are still fighting,” said Christine Kwapnoski, an assistant manager at a Sam’s Club in Concord, California. She had accused a male manager of yelling at female employees and telling her to “doll up” by wearing more makeup and dressing better while working on a loading dock.

Wal-Mart may now face thousands of lawsuits nationwide and claims of discrimination before federal agencies as plaintiffs’ lawyers fan out to courts across the country to file new complaints on behalf of members of the failed group suit… [emphasis added]

Inserted from <Bloomberg>

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I fully support Wal-Mart’s women in their quest for justice.

For those who say the parties are the same, either a Republican or a Democrats is going to appoint the next four justices, with two of the more liberal ones closest to retirement.  Can freedom survive in this land if more reactionary ideologues, who care nothing for the Constitution, are appointed to SCOTUS?

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  18 Responses to “Women Refuse to Bow to SCOTUS Injustice”

  1. It’s time to show Walmart how trickle down works! In reverse! 👿

  2. Was there any dounbt in anyone’s mind how they would vote on this?

    I don’t shop at Wally World. I refuse to give the Waltons more money.

  3. I fully support these women’s right to sue, but anyone with a little knowledge of the law knows that a class action suit this large was TOO encompassing…I knew this would NEVER be approved…..not because of the women’s rights’, but for the diversity of the complaints. Each store has a different work atmosphere & attitudes around the country differ…lawsuits need to differ too!

    • Zada, there were actually decisions. One was that the class was two too encompassing and that was a unanimous decision. The 5-4 decision was that there was no basis for their claim in fact, which effectively prevents them from forming smaller class actions.

  4. There’s a potential bright side to the Ruling: Rather than a few big law firm sharks going after WalMart, there may now be hundreds or even thousands of small practice piranhas nipping at Wally World.

    There’s no reason to doubt that out of 1.5 MILLION female workers, there aren’t quite a few legitimate cases of gender discrimination of one sort or another. And while WM may be breathing a sigh of relief at not having to write a check with LOTS of zeroes, they will now face the likelihood of having to deal with a slew of smaller-numbered discrimination lawsuits.

    And don’t think for a minute that WM is going to be happy having to tie up hundreds of their middle management supervisors for days in preparation for, and actual taking of, depositions. Plus having to pay their legal counsel to deal with a myriad of cases.

    What’s that you say? Why would a lawyer take a case that will require lots of work and in the end will most likely be settled for a few thousand dollars? Because these would not be general tort cases, but actions brought under the Equal Employment Opportunity Act. And if you recall, the Civil Rights Act of 1991 provides for awarding of attorneys’ fee in employment lawsuits. The attorneys would be getting paid their “reasonable and customary” fees even if the settlement was only $10,000.

    So here’s to piranhas, and lots more information here:
    http://www.dailykos.com/story/2011/06/20/987073/-Wal-Mart-will-be-so-sorry-it-won-today?via=stream

  5. Well since being eaten by sharks didnt worked–time for being nibbled to death by ducks—??
    One point here ; every single person who files any sort of lawsuit or complaint against Walmart will be black listed– that person will never work in another Walmart anywhere .. That is the policy-
    This suit tho pointed up a glaring weakness in class action suits–the lack of specific focus— SCOTUS looking for reasons pretty easily found one–

  6. This reactionary, hypocritical, activist, blatantly pro-corporation anti-people Roberts Court is an abomination and the worst Supreme Court in our entire history. It no longer speaks for me or the overwhelming majority of the country. Every single one of the Roberts Court’s decisions must be challenged and overturned by a future, saner version of the Supreme Court – one that will be once again guided by legal principles and common sense rather than corporate cash.

    I don’t recognize a single thing this horrible court says or does as personally binding to me. It has rolled off into some refuse dump.

    NO CONSERVATIVE REPUBLICAN MUST EVER AGAIN OCCUPY THE WHITE HOUSE, SO NO MORE OF THESE REACTIONARY IDIOTS CAN BE NOMINATED FOR THE SUPREME COURT!

  7. I wish we had a real Democrat in office when it comes time to replace Ginsberg and Breyer. I don’t trust Obama not to fold like a cheap suit when the next opening occurs. The GOP will make the fight over Kagan look like Sunday’s golf “summit”, and I don’t see Obama standing up under the assault.

    • Realist, while I would prefer a more progressive Democrat as well, I have little at issue in the voting records of Sotomayor and Kagan.. Far better Obama than any Republican.

  8. If there were laws ensuring women of equal pay for equal work, these inequities would not happen.

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