POL 100 Sec A050
Discussion Board 12.1 Walmart vs Betty Dukes
- 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”).
With regards Walmart Stores Inc. vs Betty Dukes case in 2011, the Supreme Court of the United states ruled 5-4 against certifying the class action lawsuit. In a split decision delivered by Justice Antonin Scalia, a darling of the Conservative Republicans, the case could not proceed as a class action case. One question was “could the 1.5 million female workforce claim commonality i.e., a class that shares a common problem”? Could a court render a common solution to this issue? Could each one of the women individually prove that, on account of being a woman, they were discriminated by Walmart Inc.?
Class action lawsuits fall under the Federal Rule of Civil Service Procedure 23 (b) (3), or the “damages class action” rule which governs class actions in Federal court. In this case this rule was used to adjudicate the kind of relief this class of women can seek.
- The b(2) was where the Dukes case was seeking injunctive relief. Injunctive relief aims to prevent harm that cannot be adequately compensated with money.
- The b(3) is applicable where classes are seeking only monetary relief.
- The Walmart vs Dukes class action lawsuit did not allow for both b(2) and b(3).
With this misclassification, the women faced a major setback. The commonality question was also a problem for the women to overcome because the 1.5 million female employees, while they all faced discrimination, could not legitimately be litigated all at once. In addition, common questions of law and fact among the 1.5 million women must outweigh the individual issues.