High Court Nixes Walmart Class Action

In a long-awaited decision, the U.S. Supreme Court has ruled that nearly 1.5 million female employees cannot proceed as a class to bring pay and promotion discrimination claims against Walmart. The class, if certified, would have been the largest civil rights class action in history.

According to the Court, the women failed to show that there were questions of law or fact common to the class, a class action requirement known as “commonality.” The employees held too many different jobs at too many different levels to be wrapped into one lawsuit, said the Court.

The ruling reverses a federal appeals court decision that approved the class certification. It does not necessarily put an end to the sex discrimination charges, however, as the employees may try to proceed as smaller classes or file individual lawsuits.

Lawyers for Walmrt say the decision could impact class actions pending against Goldman Sachs, Toshiba, and CIGNA

To read the decision: www.supremecourt.gov/opinions/10pdf/10-277.pdf