In the case Betty Dukes v. Walmart Stores Inc. the United States Supreme Court ruled that Dukes and the women employees she represented were denied back pay. The Supreme Court justified their ruling by stating that while the women have faced gender discrimination, they did not lose the same promotions and deal with the same harassment from managers. Rule twenty-three’s commonality requirement of the class needing to have the same problem and solution prevented Dukes and the women employees from winning the case.

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