Skip to content
  • (413) 834-4284
  • [email protected]
  • 21 Grinnell St, Greenfield, Massachusetts
Search
Close
Sprawl-busters
  • Home
  • About
  • Resources
    • Links
    • Books
    • Movies
    • Home Towns, Not Home Depot
    • The Case Against Sprawl
  • Victories
  • Blog
    • Share Your Battle
  • Contact
Menu
  • Home
  • About
  • Resources
    • Links
    • Books
    • Movies
    • Home Towns, Not Home Depot
    • The Case Against Sprawl
  • Victories
  • Blog
    • Share Your Battle
  • Contact
  • Uncategorized

Supreme Court, As Predicted, Throws Out Wal-Mart Gender Discrimination Lawsuit

  • Al Norman
  • June 20, 2011
  • No Comments

Back in the 1960s, activists used to say that in the halls of justice, the only justice was in the halls. Today, the U.S. Supreme stayed true to its Big Corporation bias and tossed out a gender discrimination lawsuit brought against Wal-Mart that took a decade to reach them, but only 3 months to dispose of. In a 5-4 vote, running along conservative/liberal and gender lines, the Supreme Court refused to grant class status to more than a million lower middle class women who have worked at Wal-Mart.

The court’s decision was not based on the merits of the gender discrimintion case, but rather on the narrow procedural question of whether these women workers could qualify as a class of plaintiffs, and have their cases consolidated into one huge lawsuit. By one vote, the Court said no, forcing the women to go back to the lower courts and pursue their claims in smaller groups, perhaps state by state. The court said, in essence, that there was no glue that held all these cases together.

What the Supreme Court decided today was completely scripted and predictable. Here is what I wrote on the Huffington Post on March 29, 2011 — almost three months before today’s ruling:

Washington, D.C. Yes, Wal-Mart Is Too Big To Sue

You have your answer now, in case there was any doubt.

When the U.S. Supreme Court votes in late June to decertify the class of low-income women who are suing Wal-Mart for sex discrimination, here is what the public will conclude from the media headlines:

1.Wal-Mart has been found not guilty of unfair treatment of its women workers — when in fact the case was on the issue of “standing” of a class of plaintiffs, not really the merits of the evidence.

2.The case dragged these low-income women through the courts for ten years, and in the end the Big Corporation beat them.

3.Wal-Mart can now continue to pay women lower wages with impunity, because the “Janie Q’s” — as Wal-Mart calls its female employees — are going to get nowhere pursing their cases individually. These women will become legal untouchables once this class action is shattered.
4.Wal-Mart politically is too big to sue, and all the other corporate giants that filed amicus briefs in support of Wal-Mart are also too big to sue.

After the first day of oral arguments, the media concluded that Wal-Mart had won. NPR, for example, said the Justices had created a “wall of doubt” about the plaintiffs’ claims of discrimination, and that the Dukes plaintiffs had been “bombarded” with tough questions by the justices. According to one Forbes op-ed piece, the plaintiffs’ lawyer was “roasted.”

In a press release last month, the plaintiffs argued that Wal-Mart had “a corporate culture that is rife with gender stereotypes,” with “highly subjective policies enforced on a daily basis by its Home Office to ensure consistency in results.” This tension between subjectivity and consistency seemed to trouble the Supreme Court. “Well, which is it?” Judge Antonin Scalia asked the plaintiffs. Either individual managers are on their own, “or else a strong corporate culture tells them what to do.” The United Food & Commercial Workers have urged Scalia to step down, since his son works for a prominent Wal-Mart law firm that deals with employment issues.

Justice Samuel Alito seemed to suggest that Wal-Mart’s employment profile was “absolutely typical of the entire American workforce,” so if Wal-Mart was in violation of gender discrimination laws, then so was the entire retail industry. Even if that were true, does that mean that the workers at Wal-Mart have lost their right to litigate for gender equity? If every employer is wrong, does that make discrimination in this case right?

Analysts in the media are suggesting that this large class of women does not have enough legal glue to be bound together as a class. They are suggesting that even though the lower courts found enough “commonality” in these women’s situations to certify them as a class, that the Supreme Court will not, and Wal-Mart will be able to walk away from their “associates” claiming that it was local renegade managers who wronged them, not the company. Wal-Mart wants the public to believe that managers ‘do their own thing’ and that this multi-billion corporation is run like a large unruly family where Father Knows Nothing. We used to call such a portrayal corporate deniability.

Some observers will no doubt want to wait a couple of months to see how the Bush-dominated court rules in this case. But based on what I’ve seen from the justices already, the writing is on the Wal.

This is perhaps the strongest argument why Wal-Mart needs to have a union. With collective bargaining in place, these 1.5 million ‘associates’ would have been able to tell their local managers that the sexual pay and promotion discrimination had to end. It’s the only way to balance out the enormous power managers clearly have over the workers who were forced to sue them to get their attention.

Readers are urged to look up the phone number of the nearest Wal-Mart, call the store and ask for the human resources manager. Ask the HR manager, “What is the starting wage for a stocker at your store?” Whatever answer you get, then ask, “And what’s the starting wage for a female stocker?” The HR manager will tell you, of course, that there is no wage differential. Then ask 10 more of your friends to make the same call. The point will have been made, and reported back to Home Office.

Back in the 1960s, activists used to say that in the halls of justice, the only justice was in the halls. Today, the U.S. Supreme stayed true to its Big Business bias and tossed out a gender discrimination lawsuit brought against Wal-Mart that took a decade to reach them, but only 3 months to dispose of. In a 5-4 vote, running along liberal/conservative lines, the Supreme Court refused to grant class status to more than a million lower middle class women who have worked at Wal-Mart.

Like this article?

Share on facebook
Share on Facebook
Share on twitter
Share on Twitter
Share on linkedin
Share on Linkdin
Share on pinterest
Share on Pinterest
Al Norman

Al Norman

Al Norman first achieved national attention in October of 1993 when he successfully stopped Wal-Mart from locating in his hometown of Greenfield, Massachusetts. Almost 3 decades later they is still not Wal-Mart in Greenfield. Norman has appeared on 60 Minutes, was featured in three films, wrote 3 books about Wal-Mart, and gained widespread media attention from the Wall Street Journal to Fortune magazine. Al has traveled throughout the U.S., Barbados, Puerto Rico, Ireland, and Japan, helping dozens of local coalitions fight off unwanted sprawl development. 60 Minutes called Al “the guru of the anti-Wal-Mart movement.”

Leave a comment

Find Us

  • 21 Grinnell St, Greenfield, MA
  • (413) 834-4284
  • [email protected]

Helpful Links

  • Terms
  • Privacy Policy
  • Cookie Policy
Menu
  • Terms
  • Privacy Policy
  • Cookie Policy

Recent Posts

CHRISTIAN SMALLS, FIRED AMZN WAREHOUSE WORKER, FILES RACE DISCRIMATION LAWSUIT. …

November 16, 2020

DUE TO THE SURGE IN CORONA CASES, WMT IS LIMITING SHOPPERS TO 5 PER 1,000 SF. A…

November 16, 2020

AMAZON RECENTLY ANNOUNCED FREE 1 HOUR GROCERY PICK UP FOR PRIME MEMBER ORDERS &g…

November 15, 2020

AFTER BEING REJECTED BY THE DEERFIELD, MA PLANNING BOARD, DOLLAR GENERAL APPEALS…

November 15, 2020

WILL TRUMP ALLOW ORACLE & WALMART TO INVEST IN TIK TOK? The deadline to ban …

November 14, 2020

AMAZON ACCUSED OF BREAKING ANTITRUST RULES IN EUROPE. “Data of 3rd-party sellers…

November 14, 2020

WALMART PET CARE NOW SELLING PET INSURANCE. My 3 year old mixed breed cat would …

November 13, 2020

WALMART’S GOING TO THE DOGS. 90 M OF ITS CUSTOMERS HAVE DOGS. You’d be Goofy not…

November 13, 2020

WALMART CASHIERS STILL LOOKING FOR A SEAT. They won a $65 M lawsuit in 2019, but…

November 12, 2020

4 DAYS BEFORE THE PRESIDENTIAL ELECTION,THE CO-FOUNDER OF HOME DEPOT SAID: “Pres…

November 12, 2020

Recent Tweets

Al Norman 4 hours ago

WMT Workers “rely on food stamps to feed their families, paid for by the U.S. taxpayer; public housing to put a roof over their heads, paid for by the U.S. taxpayer; and Medicaid to get the health care they need, paid for by the U.S. taxpayer." https://t.co/DMxAeg4BXt

Read More
Al Norman 4 hours ago

BIDEN WARNS AMZN on You Tube: Alabama warehouse worker’s union vote “should be made without intimidation or threats by employers. Every worker should have a free & fair choice to join a union.” https://t.co/8Oc2UiHEyb

Read More
Al Norman 1 day ago

TRUMPUBLICANS: “I am not starting a new party...No. Wouldn't that be brilliant? Let's start a new party & let's divide our vote so that you can never win. No, we're not interested in that.” https://t.co/nqeNiYsi4z

Read More

Ⓒ 2020 - All Rights Are Reserved

Design and Development by Just Peachy Web Design

Download Our Free Guide

Download our Free Guide

Learn How To Stop Big Box Stores And Fulfillment Warehouses In Your Community

The strategies written here were produced by Sprawl-Busters in 2006 at the request of the United Food and Commercial Workers (UFCW), mainly for citizen groups that were fighting Walmart. But the tips for fighting unwanted development apply to any project—whether its fighting Dollar General, an Amazon warehouse, or a Home Depot.

Big projects, or small, these BATTLEMART TIPS will help you better understand what you are up against, and how to win your battle.