Be our Friend    

   
Text Size
Login Newsletter Sign-up

Keyword Search HCX for your Favorite Author / Content

Wal-Mart's gender bias case: What's at stake?

Digg it!Share in FacebookTweet it!
AddThis Social Bookmark Button

The discrimination case, which the Supreme Court is now reviewing, could set a standard for how American companies promote and pay their female workers.

FORTUNE -- When it comes to pinpointing how women are faring in today's workplace, there is no shortage of studies, statistics and sharp differences of opinion. But very few, if any, could have as much of an impact on the working lives of American women as the massive discrimination lawsuit against Wal-Mart Stores, the country's largest employer.

The gender bias case, which the U.S. Supreme Court is now reviewing, could encompass as many as 1.5 million of the giant retailer's female employees who claim to have encountered practices and policies that resulted in lower wages and fewer promotions. And because Wal-Mart (WMT) is such a huge employer, the eventual outcome could set an authoritative standard for how numerous companies pay and promote their female employees.

The justices, though, will not be waving a magic wand to right inequities wholesale. The six men and three women justices will decide sometime before summer begins whether or not the case can go forward as one massive class action suit.

And that depends on how the court views Wal-Mart's actions. If the justices determine that the retailing behemoth's centralized policies and practices could have resulted in less pay and fewer advancement opportunities for female workers, that would clear the way for the women's grievances to be considered together -- a class action suit. Or, the court could decide that the pay and promotion discrepancies resulted from decisions by local managers that affected women individually -- leaving each one to fend for herself legally against Wal-Mart. That would wind up costing Wal-Mart far less than a multi-billion dollar award in a class action lawsuit.

The claims against Wal-Mart

The case's origins go back to when Betty Dukes, who started as a Wal-Mart cashier in Pittsburg, Calif. -- east of San Francisco -- found that her efforts to advance into a management position were thwarted and even, she claims, punished with a demotion. 

Read More 

By Elizabeth G. Olson, contributor

Comments:

blog comments powered by Disqus
Author of this article: By Elizabeth G. Olson, contributor
More articles :

» Balancing Labor Costs And Wage-Hour Laws

Employers' continued struggles with labor costs have led to additional hourly-rate cuts, salary reductions, furloughs, layoffs, and similar conventional measures.  But are there other potentially less-disruptive and legal options?  There...

» 2 FL restaurants and owners ordered to pay more than $934,000 to 30 workers following US DOL investigation

2 Jacksonville, Fla., restaurants and owners ordered to pay more than $934,000 to 30 workers following US Labor Department investigationJACKSONVILLE, Fla. – Two La Nopalera restaurants in Jacksonville and their owners have been ordered to pay 30...

» Three-fifths of all income growth from 1979-2007 went to the top 1%

Occupy Wall Street is right about nation’s skewed economic rewardsToday, the Economic Policy Institute (EPI) released a report on economic inequality in the U.S. that explains that the Occupy Wall Street movement is fundamentally right about how...

» The True Start of the Employee Experience

There is a Chinese proverb that says, “Life is an echo – what you send out comes back.”  We can say the same about our workplaces:  How we treat people is an echo – what we send out comes back.   How we treat people is a foundation...

» PREPARING FOR AN I-9 AUDIT

The Immigration and Customs Enforcement division (ICE) of the Department of Homeland Security (DHS) is responsible for curtailing the hiring of undocumented aliens. In the past few years, the agency has focused on "silent raids" targeting employers...