The U.S. Supreme Court ruled in a 5 to 4 opinion to reverse a lower court decision allowing as many as 1.5 million female workers to sue Walmart for back pay and punitive damages. It is estimated that the damages could have totaled billions of dollars. The Supreme Court did not allow for Walmart female employees to join in a class action suit against the private company giant. This decision will make it more difficult for employees and others to join together in a common lawsuit unless they are able to clearly identify a common injury, such as a company-wide discriminatory policy. Full article.
Walmart has lost and/or settled more than 40 wage and hour class action suits in the last decade. Walmart has produced the same argument in each case: the company does not discriminate, bad behavior of individual managers or supervisors may occur in select locations and therefore alleged victims should take these incidents up on a case-by-case basis. Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person’s sex. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. Please visit the EEOC’s website for further information: eeoc.gov.
Leeds Brown Law, PC is a nationally recognized firm in the area of employment law. Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.