In the Wal-Mart case, the Supreme Court decided against the women and ruled that the lawsuit couldn’t continue as a class action because it didn’t meet the requirement of “commonality.” In a class action, everyone suing must have the same issue in a similar way. The Court said the 1.5 million women had different experiences as they worked in different stores with different managers who made separate decisions about pay and promotions. Because of this, the Court found there was no single answer to explain why all of them were treated unfairly, and there was no clear proof of a company-wide policy of discrimination, only individual actions. The Court also said the case was filed incorrectly because it asked for back pay under the wrong type of class action. Even though there was a lot of evidence suggesting gender discrimination, the Court focused on the legal rules, and the women couldn’t sue together as one group.
