REAL WORLD EVENT DISCUSSIONS

Supreme Court rules for Wal-Mart

POSTED BY: NIKI2
UPDATED: Monday, June 27, 2011 14:55
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Sunday, June 26, 2011 11:15 AM

NIKI2

Gettin' old, but still a hippie at heart...


Bah. Although there are valid reasons for their decision, there's no question for me that Wal-Mart DOES discriminate against women...so many of the big companies do. I'd like to see them held to account, somehow. The right-leaning aspect of this Supreme Court also bothers me. I wish something COULD be done about this, but from what I've seen, it's another case of "baby steps" and those working there now (and bef0re) are the ones who wuffer.
Quote:

The Supreme Court put the brakes on a massive job discrimination lawsuit against mega-retailer Wal-Mart Stores Inc., saying the plaintiffs had not shown justification for sweeping class-action status that could have potentially involved hundreds of thousands of current and former female workers.

The 5-4 ruling Monday -- which addressed the claims in the lawsuit only in terms of whether they supported such a huge class action -- was a big victory for the nation's largest private employer, and the business community at large.

The high-profile case -- perhaps the most closely watched of the high court's term -- is among the most important dealing with corporate vs. worker rights that the justices have ever heard, and could eventually affect nearly every private employer, large and small.

"On the facts of the case," wrote Justice Antonin Scalia for the majority, the plaintiffs had to show "significant proof that Wal-Mart operated under a general policy of discrimination. That is entirely absent here."

He added, "In a company of Wal-Mart's size and geographical scope, it is quite unbelievable that all managers would exercise their discretion in a common way without some common direction."

While this particular class action has effectively ended, the individual plaintiffs could band together and file a series of smaller lawsuits aimed at individual stores or supervisors.

Plaintiff Betty Dukes told CNN affiliate KRON she was disappointed, but not altogether discouraged by the ruling and urged other working women not to give up hope.

"The Supreme Court has definitely muddied the waters for civil rights class-action lawsuits," she said. "We will proceed forward and we will continue to believe that this case has some merits to be judged upon."

Four more liberal justices agreed this particular class should not proceed to trial, but criticized the majority for not allowing the female workers to move ahead with their claims under a different legal approach.

"The court, however, disqualifies the class from the starting gate," wrote Justice Ruth Bader Ginsburg.

"Wal-Mart's delegation of discretion over pay and promotions is a policy uniform throughout all stores," said Ginsburg, arguing the plaintiffs' claims had some validity. Establishing that delegation of discretion "would be the first step in the usual order of proof for plaintiffs seeking individual remedies for companywide discrimination." She was supported by Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan.

At issue was whether as many as 1.6 million current and former female Wal-Mart employees could make a unified claim of systemic discrimination, which they say has occurred over the past decade, at least. The plaintiffs alleged women were paid less than, and were given fewer opportunities for promotion than, their male counterparts. They sought back pay and punitive damages against the world's largest retailer.

The Supreme Court ruled only on whether the original lawsuit should be handled as a class action, instead of lower courts potentially being flooded with thousands of individual discrimination claims against the company. If the justices had ruled against Wal-Mart, permitting class-action status, it could have put severe pressure on the company to settle the claims out of court.

The lawsuit alleged the company's "strong, centralized structure fosters or facilitates gender stereotyping and discrimination."

The lawsuit alleged the company's "strong, centralized structure fosters or facilitates gender stereotyping and discrimination." The workers who brought the suit also said women make up more than 70% of Wal-Mart's hourly workforce but in the past decade made up less than one-third of its store management.

"I brought this case because I believe that there was a pattern of discrimination at Wal-Mart, not just in my store, but I believe that it is across the country," Dukes told CNN at the court. "Since we have filed our lawsuit in 2001 I have heard from numerous women telling me basically the same story as mine of disparate treatment in lack of promotion as well as in lack of pay."

The company said it was pleased with the court's decision.

http://www.cnn.com/2011/US/06/20/scotus.wal.mart.discrimination/index.
html


Gee, Wal-Mart is pleased that it doesn't have to face responsibility for its discrimination...what a shock!

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Sunday, June 26, 2011 2:23 PM

GEEZER

Keep the Shiny side up


This was a lawyer-friendly decision. It just means that more lawyers get to file more localized lawsuits and make more money.

"Keep the Shiny side up"

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Sunday, June 26, 2011 3:18 PM

AURAPTOR

America loves a winner!



As Cheney ( correctly ) made clear, the big guy isn't always the bad guy.


" I do not love the bright sword for its sharpness, nor the arrow for its swiftness, nor the warrior for his glory. I love only that which they defend. "

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Sunday, June 26, 2011 4:26 PM

DREAMTROVE


Quote:

Originally posted by AURaptor:

As Cheney ( correctly ) made clear, the big guy isn't always the bad guy.


" I do not love the bright sword for its sharpness, nor the arrow for its swiftness, nor the warrior for his glory. I love only that which they defend. "



No, so true. Cheney is always the bad guy. He's not that big.

That's what a ship is, you know - it's not just a keel and a hull and a deck and sails, that's what a ship needs.

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Sunday, June 26, 2011 6:01 PM

KWICKO

"We'll know our disinformation program is complete when everything the American public believes is false." -- William Casey, Reagan's presidential campaign manager & CIA Director (from first staff meeting in 1981)


The big guy isn't automatically the good guy, either.

And WalMart is pretty much never the good guy.

"Although it is not true that all conservatives are stupid people, it is true that most stupid people are conservatives." - John Stuart Mill

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Sunday, June 26, 2011 6:10 PM

AURAPTOR

America loves a winner!


Yeah, evil Wal-Mart. Starting that ghastly $4 prescription program. Bastards!

And DT, I can't think of a time when Cheney ever was the bad guy.


" I do not love the bright sword for its sharpness, nor the arrow for its swiftness, nor the warrior for his glory. I love only that which they defend. "

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Sunday, June 26, 2011 6:45 PM

RIONAEIRE

Beir bua agus beannacht


I have a love/hate relationship with WalMart. There's only one in my city and I don't go there that often, but it sure is convenient to stop in after seeing a movie (the theater is right next to it) if we need anything. My dad can get his insalin there for way cheaper than he can at Safeway so he does it. There's a WalMart in the last city on the way to where we camp so we always make a pit stop there if we forgot anything. So yeah, WalMart does have some advantages.

But then I hear this and that about WalMart and how its bad, I do agree that its important to support local places and buy from them, we buy from a mix of local places and chain places. So yeah, it helps the community when I buy local, but its so much cheaper when I buy at WalMart (for certain things, note that the WalMart in my city only recently got groceries and it isn't close enough to our house for their to be a reason to buy said groceries there)

"A completely coherant River means writers don't deliver" KatTaya

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Monday, June 27, 2011 1:58 AM

DREAMTROVE


I have a hate/hate relationship with Walmart. I think it's a communist GUM store which exists to put free enterprise out of business. It is subsidized by the US and Chinese govts. and usually local govts., and serves its socialist NWO. It's the enemy of the free market.

I find it curious that Rap lauds them for their socialist Rx program, a program that most retailers around here have.

As for Cheney, he toured the country on a personal mission to become an open advocate of torture, but also, he was instrumental in constructing the energy task force and supporting its resolutions to create chemical horizontal fracking and mountaintop removal, which is quite literally the destruction of America.

On my list of criminals of the world, most evil people on the planet, Cheney quite possibly ranks first. He has done more to undermine America and free enterprise than anyone I can think of. Obama is a junior league competitor in the race to the top of evil. Actually, da Silva is probably higher up.

Figures like Putin are more complicated, while Kim Jong Il is just insane. But I've been doing a lot of number crunching on the planned destruction of America, and the purpose appears to be the intentional slaughter of the American people. This so called energy industry destroys our land, poisons our water, kills our people, and perhaps most significantly: Yields no net energy.

Yes, it loses energy. It loses money too.

So, why do it at all? Well, the conspiratorial angle would be that radical mining techniques are subsidized by the govt. and NWO for the purpose of fulfulling the Rockefeller, Holdren, et al agenda of depopulating the planet.

The most charitable angle you could take is that it is a ponzi scheme bubble to flip energy sources on unrealistic expectations, great article in the NYT about it. I'll have to dig it up and post it.


That's what a ship is, you know - it's not just a keel and a hull and a deck and sails, that's what a ship needs.

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Monday, June 27, 2011 12:18 PM

NIKI2

Gettin' old, but still a hippie at heart...


Gezer:
Quote:

This was a lawyer-friendly decision. It just means that more lawyers get to file more localized lawsuits and make more money.
You think so? Makes sense in a way.

DT,
Quote:

Cheney is always the bad guy. He's not that big
You would get the prize for the first guffaw of the day, but I already gave it out. Damn close second, however, and I admit I spit my ice tea FURTHER on that one (which DID hit the keyboard, thankfully only slightly).
.
Riona, I WOULD have a love/hate relationship with WalMart if we had one around here, no doubt. All we've got is Target (which we've always jokingly called Tar-jhay), so that's my love/hate relationship. They're trying to put one in San Rafael, and there are petitions, signs, etc., everywhere against it. There's one only ten minutes up the road, and San Rafael does NOT like Big Box stores or their equivalent. Which brings me to Costco, which I TRULY have a hate/hate relationship with (and which is right next to the Target---Novato wanted a tax base, and now they're learning their mistake...too late, too late.

DT, aside from the "communist GUM" part (what's a GUM?), I agree about WalMart, and would put Target in precisely the same category.
Quote:

It's the enemy of the free market
As for Cheney, I agree 1000%(and that's not a typo). I wouldn't put him first, but by gawd, he's up there in the top five on my list fer shore!


Hippie Operative Nikovich Nikita Nicovna Talibani,
Contracted Agent of Veritas Oilspillus, code name “Nike”,
signing off



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Monday, June 27, 2011 1:42 PM

AURAPTOR

America loves a winner!



DT - it's not torture, and kudos for Cheney if he did promote it. Got results. I'm for it.

Cheney is probably one of the better Americans of our time, and you call him a criminal ? Horse shit.

And I applaud him for working WITH the energy industry, instead of trying to put his boot on their throats.


How the hell do you compare Wal-Mart ( privately owned ) to the Soviet GUM stores ? That's utterly mind bottling in every conceivable way.

"socialist" Rx program ? Now you're clearly making this shit up, out of sheer boredom.


" I do not love the bright sword for its sharpness, nor the arrow for its swiftness, nor the warrior for his glory. I love only that which they defend. "

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Monday, June 27, 2011 2:32 PM

RIONAEIRE

Beir bua agus beannacht


Niki, we used to call Target that too, and yes, it is similar to WalMart so I have the same love/hate relationship. At least I'm not like my best friend, who only ever shops at WalMart and Target practically, not to mention that she shops at the Dollar Tree a lot. I avoid the Dollar Tree even though it is tempting because of the 1 dollar thing, but whenever I buy something from the Dollar Tree you know who it supports? China, that's who, grrrrrr. Yes every once in a while I cave, but I avoid the Dollar Tree as much as possible. Note that when I say me I tend to mean my household/family since I'm usually not the one running the errands. My own purchases are never from the DollarTree period.

"A completely coherant River means writers don't deliver" KatTaya

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Monday, June 27, 2011 2:55 PM

THEHAPPYTRADER


I've heard this story a time or two over the week (weeks?) first on NPR and though of posting it here but never got around to it, too busy.

Almost every source I've seen concerning this seems to be spinning it as a right-wing oppression of women or unions or something, but it was my understanding that the Supreme court felt that the women's circumstances were not similar enough to be evident of sex based discrimination and needed to be tried on a case by case basis. I know there's more than a few of us who'd really like to stick it to Walmart and all, but shouldn't it be done rationally and legally? At least in the courtroom...

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