WalMart Saved from Lawsuit by Supreme Court

The class action of women employees against Wal-Mart for discrimination has been shut down by the Supreme Court. 1.5 million women have been told that they must pursue individual actions against the retail giant. According to the Supreme Court, women cannot be discriminated against, only individuals can be. It appears that discrimination in America is over, according to the Supreme Court its not possible to discriminate against groups of people.

According to the BBC: “The women, led by a group of named plaintiffs, sought back pay and punitive damages for the class of women, saying the company passed female employees over for promotion and paid them less.”

The Supreme Court judge Justice Antonin Scalia claims that the plaintiffs could not show a systemic prejudice against women despite the overwhelming evidence presented:

“Without some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members’ claims for relief will produce a common answer to the crucial question ‘why was I disfavoured.'”
– (in)Justice Antonin Scalia

This decision by the Supreme Court shows the continuing destruction of a major way corporations are held accountable for their criminal actions. It also signals a serious defeat of the legal peaceful means workers have in defending their rights.

What this means in real terms is that in order to bring a class action lawsuit, employees have to demonstrate that a deliberate discrimination policy was explicitly adopted. Meaning that you literally need corporate paperwork ordering that the discrimination take place. Since we well know that these things are made policy not in the explicit, but “unofficially” without paperwork, it is now almost impossible to bring a class action suit.

The bigger impact of the case is clear: The ruling did not declare that the women were not discriminated against. It ruled that the women didn’t have the right to sue. This action by female workers to defend themselves was essentially killed before it even went to court.

The typical pro-corporate defence of these types of rulings is “the Supreme Court has signalled that it wants job bias disputes handled in the workplace”. The ignorance of this is displayed in the fact that solving it in the work place doesn’t work. This statement is a polite way of telling workers to just shut up and know their place.

The Supreme court, hand-picked by Republicans to be anti-worker, made a predictable decision. Now, more than ever before in recent history, is the time for a major resurgence of unions. The folks who say unions are somehow no longer necessary have been proven dead wrong.

If the courts in the service of big business continue to attack and destroy the rights of workers… It may become necessary to use “other means” in which to defend their rights from the fascism that is capitalism.

10 thoughts on “WalMart Saved from Lawsuit by Supreme Court

    • Jesus Christ these people are stupid. They’re actually comparing people to animals. Are they some kind of subhuman species? Because they always compare themselves to animals.

  1. I’m barely surprised by this considering that corporations like Wal-Mart are more powerful than the government themselves. Next thing you’ll know they’ll make anti-Union videos like Target did.

  2. They are saying that unless there is evidence in the form of accounting gimmicks that the women have no case. Not memo’s of one exec telling another, “oh yes, we can save .005 million if we pay women 8.5684% less than men!”

    WalMart is no hero of mine, but they have always been the target of labor rights and group rights activists because they have so many employees. Just wait until the US retail economy falls apart. Wal Marts will close as far as the eye can see when imports become to expensive for China to loan them to us every month. Then the employes won’t have anything to complain about because they will no longer be employed.

    • Oh yea the pay stubs showing less pay isn’t proof right? LEAVE POOR WALMART ALONE!! Of course they’re a repeated target of lawsuits because they KEEP BREAKING THE LAW. “WalMart is no hero of mine”, yea actually it does look that way, you defended them. BTW WalMart will close when the US retail economy falls apart. Its not sustainable at all, no amount of ripping workers off will make ti last. Capitalism isn’t sustainable, that’s why it fails every 8 to 12 years. Seriously, for someone claiming not support WalMart you’ve done a great job of convincing the opposite.

      • I want wal mart to fall apart dipshit, just like this fascist banking system. The government is the institution that sets up the trade relations.

        How about we focus on not exploiting foreign labor before we bitch about women not getting enough of the cut from it? Or are you just a panderer that is happy with the system of benefiting from virtual slave labor as long as everyone HERE gets the same amount of it?

        I’m asian and i claim that white people make more money than me. I got all of the asian workers at my place of employment to show me their pay stubs and on average the asian worker makes less money. So my lawsuit brings the Courts what? A collection of empirical evidence that ‘proves’ asians make less than white people at my place of work. There is no documentation of motivation present. What should the court decide? How do they make it fair? How can the court actually identify the motivations for the alleged racism? Unless there is a ratio that is mathematically identifiable in the wages and payments to employees it is impossible to verify actual racism. The same goes for women making less. They have claimed for years and years and years of the ‘glass ceiling’ They are ALL OVER THAT SUPREME COURT.

        A class action against a faceless corporation isn’t going to work either. The women could, en masse, sue a single person or a group of people, but they would only do that if THEY HAD VERIFIABLE EVIDENCE wouldn’t they?

        Also, i watched a few of your videos…its pretty hardcore to bitch about capitalism and be drinking a liter of Coca Cola on camera! Fcuk COKE, right? Capitalist fat cats making you fat and impoverishing children in Africa ALL WHILE THEY MAKE MONEY.

        Priorities my rebel friend.
        Way to fight the power, tool!

  3. and condemning a bullshit appeal to emotion lawsuit is not the same as standing up for Wal Mart. Post hoc ergo propter hoc.

  4. The worker’s class struggle will never be win in a justice court.
    Because laws are write and interpreted by the capitaliste state.

    They should unionise and make strike, even if it’s hard to fight against Walmart, I think it’s the only way.

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