DB 12.1

The United States Supreme Court refused to allow the case to proceed in a class-action capacity in Wal-Mart Stores, Inc. v. Dukes (2011). Its decision effectively ended the attempt by over 1.5 million women to pursue a class-action lawsuit against Wal-Mart on the grounds of gender discrimination in promotions and compensation.

What did the Supreme Court decide?
The Supreme Court reversed the judgment of the court below which had allowed the case to be heard on a class-action basis. It ruled that the plaintiffs had failed to meet the “commonality” requirement of Rule 23(a)(2) of the Federal Rules of Civil Procedure governing class-action suits.

What is “Commonality”
Commonality mandates that every putative class member necessarily possesses a common issue of fact or of lawone that may be resolved in the same way for every member of the group.

For a class action lawsuit, it is significant because

It allows a single trial to decide dispositive issues of all class members

It ensures that all of the plaintiffs are injured in the same way by the same practice or policy.

How did the court justify its ruling?

The majority opinion, written by Justice Antonin Scalia, explicitly established that:

There was no “common policy of discrimination”.

Wal-Mart lacked any company policy that was formally discriminatory towards women.

Instead, managers had some degree of autonomy to determine promotions and compensation at the local level.

The decentralization here would result in any discrimination being store-by-store and manager-by-manager, and not store-by-store and manager-by-manager universally.

Statistical and anecdotal evidence proved to be inadequate.

The plaintiffs provided statistics and individual narratives in order to establish a pattern of discrimination.

The court ruled that such evidence did not establish that all of the women in the class suffered the same injury from the same corporate policy.

You cannot write thousands of cases at once without having one general problem.

Since there was no one reason that each of the women was to be refused a promotion or raise, the Court held that these cases were to be addressed individually and not together in a whole group. Why This Matters The decision raised the bar that class-action lawsuits — and especially class-action suits against large, decentralized corporations — will be required to meet in the future. It will be more difficult to pursue systemic discrimination claims unless plaintiffs can point to a discrete, centralized policy that harmed all members of the class in the same way.

Anjale Dindial

The supreme court ruled that Wal-Mart’s female employees cannot sue the company for being paid less than male employees. The female employees claimed that Wal-Mart’s corporate culture illegally discriminated against women regarding pay and promotion. The female employees came to a realization that they have been working at Wal-Mart for years and still haven’t been getting any promotion. Meanwhile, the male employees were reaping all the benefits. The supreme court assessed whether the case was consistent with federal rules of civil procedure. The class action lawsuit could not be certified because of insufficient evidence of the general discrimination policy. The court also found that the claims for back pay were improperly certified. 

The Supreme Court in Action

In the Walmart Stores, Inc., et al. v. Dukes case (2011), the Supreme Court refused to allow the suit to advance as a class action. The matter was how Wal-Mart was accused by a number of its female employees of widespread gender discrimination in pay and promotions. The women intimated that they were joining together to bring forth this action on behalf of more than 1.5 million female workers who had reported similar problems at the company.

In other words, the Court’s ruling was premised on a principle known as “commonality,” which requires the people suing on their particular claims to demonstrate that they have sufficiently similar experiences, shared enough common legal issues to resolve their claims together. The Court ruled that the plaintiffs did not meet that requirement in this situation. They argued that the experiences of these women are dissimilar because pay and promotion decisions were made by different managers at different points throughout Wal-Mart stores and not by a distinct corporate-wide policy. This absence of a common practice would create the need for individualized analysis of each woman’s claim, and, therefore, the Court felt that it was not fair to group them all into a class action in that way.

They talked of some amount of evidence regarding gender bias existing in the practices of Wal-Mart, but the Court didn’t deem that bias consistent across all the plaintiffs’ experiences. To sum up, the Court has found that, while probably all the above women shared a general complaint about discrimination, the details of the individual cases were too different to treat them all together in one large collective lawsuit.

Hence, this judgment had a big effect on future class-action suits, especially against bigger companies. It meant that to assemble in collective litigation against such large issues as discrimination, the individual injury experiences must be seen to be similar enough; it made it greatly difficult. This ruling created a high evidentiary threshold before a case could be assumed to have been established as a class action-one that would make it difficult for workers or groups to bring corporations to sobriety about their systemic ramifications.

Mia Farley-DB #12.1

  1. In the Walmart v. Dukes case, the Supreme Court ultimately ruled that the women involved couldn’t move forward as a class. The main reason was the issue of “commonality”. In order to bring a class-action lawsuit, the group needs to show that everyone was affected in the same way by the same policy–but the court said that wasn’t the case here. Walmarts structure allowed store managers a lot of freedom when it came to pay and promotion decisions, as a result that, the discrimination claims were too different from each other to be treated as one big case. Instead of showing one clear and concise company-wide rule that hurt all the women similarly, the lawsuit was based on thousands of separate decisions made by different managers that were in different places.

D.B 12.1 – Sakaelli Reid

These questions are based on the “Sex Class Action” article:

  1. What did the Supreme Court decide in the Wal-Mart case? And more importantly, how did it justify its decision? (HINT: the key word here is “commonality” (and how it related to “class-action lawsuit”). Try to understand what this legal terms means, as it is key to the court’s decision).

It has a lot to do with discrimination of gender and even if they all came as one they were too many women that were involved in the class action suit which made the Supreme Court decision to not go another further with the claim. Also Wal-Mart policy was involved and it made it easier for the Court to deny the claim and their rights. They also failed to meet the requirements due to the promotion discrimination and other reasons. This relates to class-action lawsuit, because it’s a lawsuit in which one person makes a claim and sues on behalf of a large grou

Tyrek Johnson – Discussion Board 12.1

What did the Supreme Court decide in the Wal-Mart case? And more importantly, how did it justify its decision? (HINT: the key word here is “commonality” (and how it related to “class-action lawsuit”). Try to understand what this legal terms means, as it is key to the court’s decision).

In the Wal-Mart case, the Supreme Court ruled against the women plaintiffs, deciding that they could not proceed as a single class in their lawsuit against the company. The Court justified its decision based on the legal concept of commonality, a key requirement for class-action lawsuits under Rule 23 of Civil Procedure. According to the majority opinion written by Justice Antonin Scalia, the women suing Wal-Mart did not share enough common issues of fact or law to qualify as a class. Scalia argued that although all the women alleged sex discrimination, they experienced it differently across different stores and managers, meaning there was no single answer that would resolve every woman’s claim at once. He emphasized that without some glue holding their claims together—such as a clear, companywide discriminatory policy—the case lacked the necessary unity to be treated collectively. As a result, the Court concluded that the women’s experiences were too individualized and varied to satisfy the commonality requirement, and therefore the class-action lawsuit could not move forward.

Vanessa Camacho Discussion Board 12.1

What did the Supreme Court decide in the Wal-Mart case? And more importantly, how did it justify its decision?

  1. The Supreme Court decided in a split 5-4 decision that the class represented in the Dukes v. Walmart failed to meet class action’s rule twenty-three’s commonality requirements. To justify this action, the Supreme Court stated that since not all women working at Walmart dealt with the same problems, they could not fulfill the results equally to all in the claim. They must all share common questions that affect their claims in order for there to be equal resolution.

dominique diamond 12.1

The supreme court ultimately ruled against Duke vs. Wal-Mart because it didn’t meet the requirements of commonality. There were so many women involved in the class action suit that faced all different types of discrimination so the supreme court found a loophole in wording and decided that all of these women’s complaints wouldn’t fall into the same category of discrimination. Some were denied promotions, some had inappropriate comments made to them, therefore it didn’t meet requirements of commonality

12.1 Kaylin Snowden

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.

Discussion Board 12.1 – Kevin Hernandez

  1. The supreme court ruled the wal-mart case insufficient to proceed action against walmart based on the claims of women employees working in walmart. It justified its decision by stating that in the civil rights case suing under title VII, the case was generally under the category of classes seeking a injunctive or declaratory relief claim. This contradicted with the women’s additional demand for back pay which would amount to billions of dollars in withheld wages to women working at Walmart could only belong under the the category of a monetary relief claim. This error of class classification in the case set them for failure. The court also justified that the class of women in the case failed to meet the commonality requirement of “questions of law of fact” that were common to the women. The 1.5 million women employees at Walmart were not all discriminated against or denied pay raise or promotion at the same setting of place, the case could not stand connected at once as the Betty Dukes case tried here.