- First the court decided that the women suing Wal-Mart could not seek back pay because they filed as a b(2) class instead of a b(3) class. What solidified them as a b(2) class was that they were suing under Title VII. The women’s demand for back pay could only belong in a class b(3) lawsuit. This misclassification compromised the women’s statues of suing as a class. Secondly the court decided in a 5-4 ruling that the suing class failed to meet Rule 23’s commonality requirement. The court argued that since all the women were not denied the same promotions, the same pay raise, or insulted, belittled or obstructed by the same manager in the same store, their case could not legitimately be litigated at once.
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