Walmart women vow to table discrimination suits in US courts

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The American women who sought to sue Walmart for gender bias on behalf of 1.5 million co-workers say they will press their fight against the US’s largest private employer in smaller lawsuits in lower courts and claims with the US Equal Employment Opportunity Commission.

The US Supreme Court on Monday said the women had failed to prove the retailer had a nationwide policy that led to gender discrimination. The court deprived them of the leverage a nationwide suit brings, both in pooled legal resources and a potential multibillion-dollar verdict, forcing them to pursue claims on their own.

“When I go back to work tomorrow, I’m going to let them know we are still fighting,” said Christine Kwapnoski, an assistant manager at a Sam’s Club store in California. She had accused a male manager of yelling at female employees and telling her to “doll up” by wearing more makeup and dressing better while working on a loading dock.

Walmart may now face thousands of lawsuits and claims of discrimination as lawyers fan out across the US to file new complaints.

Kwapnoski and others pressing their suit claimed they were victimised by Walmart’s practice of letting local managers make subjective decisions about pay and promotions. More than 100 employees had filed sworn statements saying they were paid less and given fewer opportunities for promotion than male colleagues.

Walmart said on Monday that the supreme court ruling “effectively ends this class action lawsuit”.

Justice Antonin Scalia wrote for the majority that the workers “provide no convincing proof of a companywide discriminatory pay and promotion policy”.

Filed in 2001, the suit aimed to cover every woman who worked at the group’s Walmart and Sam’s Club stores at any point since December 1998.

The lead attorneys for the plaintiffs are Joseph Sellers of Cohen Milstein Sellers & Toll and Brad Seligman of the Impact Fund, which describes itself as a foundation that handles public interest litigation. They said they would seek a way around the court ruling, moving ahead with claims on behalf of aggrieved workers, either individually or in smaller groups.

The cost of defending thousands of lawsuits in hundreds of courthouses may be expensive for Walmart as well.

“Walmart may regret the day” it sought a rejection of class certification, Seligman said. “Walmart is not off the hook.” – Bloomberg


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Anonymous, wrote

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02:02pm on 23 June 2011
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Those pathetic lawyers Cohen Milstein were only in it for the legal fees they charge - only brain-dead morons like madmilker believe that women should have better rights than men.

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madmilker, wrote

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06:49pm on 22 June 2011
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"It is harder to conceal ignorance than to acquire knowledge." -Arnold H. Glasow Those nine turnips that took sides with those dipsticks with that 5 & Dime from the Ozarks are one sandwich short of a picnic and three sheets in the wind. Even Sam used the "he" word.... "There is only one boss. The customer. And he can fire everybody in the company from the chairman on down, simply by spending his money somewhere else." -Sam Walton Well, those "little Janie Q's" will have the last word. Did you know everything in ones country hinges on its currency. Did you also know that Retail makes NOTHING and the Government only makes MORE DEBT. Now, for the past 100 years in America the Government in Washington D. C. has put we the people from a $2.6 billion debt load in 1910 to over $14 trillion today. And with 1975 being the last year America had a trade surplus more Retail has been born and more and more NOTHING is being made. See, it's all about the American currency(George Washington)and just how those dollars float around. Years ago when they floated around this great union helping each hand George was touching foreigners would had given their left nut just to touch one of them. But today it be a different story because for the past thirty-six years more and more of those George Washington's have been sent to foreign lands and now all those foreigners have we the people and Uncle Sam by both nuts squeezing the life out of them. The dollar is the key in America just like the Mao(yuan) is the key in China. "It is the aim of good government to stimulate production, of bad government to encourage consumption." - Jean Baptiste Say That quote is like 230 years ago and it makes more "cents" today than ever before.....remember, the Constitution wasn't written for a Corporation nor was it written for a Government....it was written for We the People and the founding fathers with goose quill feather pens in hand and the penmanship of poets call it the American Dream. Now, ask yourself what was Sam Walton doing back in 1975 east of Seoul...did it have anything to do with making more products in America.... Now, fast forward and ask yourself ....if Sam Walton didn't take the hyphen out of Wal-Mart and replace it with a big single star Wal*Mart....was it the same person a few years back that took the star out and put the starburst at the end Walmart*. Think the word..... "rich"....99% of the people on Earth ain't there. Yeap, 1% of the total population purdy much dictate very quietly to that 99% just how their money is spent. But there's one small problem with them thinking like that.....cause it's the 99% that hold all the power...it's in their hand when they go to vote and it be in their pocket book and purse when they go to shop. Did you know Wal*Mart puts less than 5% foreign in all their stores in China....one can look at this in two ways....they are depriving the nice people of China from purchasing foreign made or they are doing for the best of the Chinese currency Mao(yuan) in making sure it doesn't fall into foreign hands. Now, remember the 1975 year from above.... and read what Lance Winslow wrote in that article "The Flow of Trade in a Global Economy".... "Now let us look at Wal-Mart again; you buy a product there, 6% goes to the employees, 10-18% is profit to the company, 25% goes to other costs and 50% goes to re-stock or the cost of goods sold. Of the 50% about 20-25% goes to China, a guess, but you get the point. Now then, how long will it take at 433 Billion dollars at year for China to have all of our money, leaving no money flow for us to circulate? At a 17 Trillion dollar economy less than 40-years minus the 16 they buy from us. Some say that if we keep putting money into our economy, it would take forever, but if we do not then eventually all the money flow will go. If China buys our debt then eventually they own us, no need to worry about a war, they are buying America, due in part to our own mismanaged trade, so whose fault is that? Not necessarily China, as they are doing what's in the best interests, and we should make sure that trade is not only free, but fair too." As an American you have the power. If you hold onto George Washington(dollar) he will not let you down. but have you let him down..... "Observe good faith and justice toward all nations. Cultivate peace and harmony with all... The Nation which indulges toward another an habitual hatred or an habitual fondness is in some degree a slave. It is a slave to its animosity or to its affection, either of which is sufficient to lead it astray from its duty and its interest ... Tis our true policy to steer clear of permanent alliances, with any portion of the foreign world." - George Washington, Farewell Address, 17 Sept. 1796. It's not about a cheaper price to the 1%...it's about holding all that power that George represents. Today, the Federal Reserve(private bank), China and Japan hold more George Washington's than anytime in the history of this great union and the sad part is We the People that has all the POWER let it happen. In 1960 U.S. goods manufacturing produced a $5 billion trade surplus and if you as an American worker(non-union and union) want those days back in America all you have to do is STOP supporting other countries and start SUPPORTING the United States of America again. The label Made In America will tell that 1% what it told them sixty years ago. God Bless Made In America cause the two things Lady Liberty needs less of today is NOTHING from Retail and MORE DEBT from the turnips in Government.

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