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In Wal-Mart Case, High Court Ignores Women, Evidence

Dahlia Lithwick on the injustice of Wal-Mart v. Dukes

By Kevin Spak,  Newser Staff

Posted Jun 21, 2011 12:24 PM CDT

(Newser) – The Supreme Court’s Wal-Mart ruling doesn’t just set the legal precedent that some companies are too big to sue. The court’s five conservatives—and all but one of its men—also declared that “sex discrimination is simply too pervasive to be a problem,” writes Dahlia Lithwick of Slate. Antonin Scalia’s faction said that Wal-Mart’s female employees couldn’t sue en-masse because the company left its hiring and personnel practices up to regional managers.

“It's not Wal-Mart discriminating against women. It's just all these men doing it,” Lithwick summarizes. Scalia pointed triumphantly to the company’s official anti-discrimination policy, and scoffed at attempts to demonstrate bias with “statistical and anecdotal evidence.” Never mind that the point of this kind of case is to reveal unspoken biases and policies. To this court “the only discrimination that can ever be remedied is the kind that comes right at you with a big blue sign and a greeter.”

Carol Rosenblatt of Washington, right, and others, take part in rally outside the Supreme Court in Washington, March 29, 2011.
Carol Rosenblatt of Washington, right, and others, take part in rally outside the Supreme Court in Washington, March 29, 2011.   (AP Photo/Jacquelyn Martin, File)
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COMMENTS
Showing 3 of 18 comments
djpars
Jun 21, 2011 2:00 PM CDT
Listen: I'm entirely, 100% against the evil that is sexism (similarly against any other -isms, esp. racism, ethnicism, fundamentalism, etc). But that doesn't mean that I believe in the government's ability to counteract it. I wholeheartedly believe that any government's philosophy ought to stem from from a systemic belief that all of its people deserve identical consideration; I just have no faith that the government can make the people themselves stem from a similar belief. It comes down to a question of policy vs. behavior. The government can absolutely (given the right as it is) dictate that certain mandates remain in place that guide the behavior of individuals and corporations (anybody who disagrees with this ought consider that it's just the flat-out case); what it can't do is dictate how the people feel about such guidance. Consider a second grade classroom. As in any second grade classroom, every sub-category of American childhood category exists: there are the popular kids, the nerdy kids; the jocks, the whimps; the smart kids and the dumb kids; what-have-you (and bear in mind that these aren't my designations - I'm not calling anybody a whimp - these are second-graders designations). The teacher can absolutely mandate that any groups for group discussions can't be formed along such designations. He/she can even pick out the members of each group, meaning nerds and jocks will be in the same group. What he/she can't do is protect anybody from torment. The teacher can make sure they socialize. The teacher cannot guarantee that after school, one group isn't going to torture the other. Such is government. I do appreciate the effort. I do appreciate when the government intends to guarantee co-mingling. But I can't fault the government when citizens follow the letter of the law, but people somehow maintain their beneath-the-surface sexism/racism/what-have-you. Not anybody's fault but the person perpetuating the -ism. Sad fact of life. There're always assholes. Can't regulate that out of society.
dilbertfan
Jun 21, 2011 1:27 PM CDT
People quit your knee jerk reaction to this ruling. Any woman who has been discriminated against can continue to file suit. You cannot simply include every female in this class action suit which would have generated billions for lawyers. People talk about special interest groups but are ignoring one of the largest and most successful special interest groups and that is the scum bag lawyers who would have made out as bandits if the class action could have continued. Now that the lure of a large money grab has been reduced they will have to earn their money on each case and you can bet they will start looking somewhere else to find it.
BearTotem
Jun 21, 2011 1:22 PM CDT
looks like the devil(wal-mart) done done it again. they've screwed over another portion of the population without any loss to profit. when will we finally say enough is enough?

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