Question: How many women does it take to file a class- action suit against the world’s largest retailer?
Answer: 6…and then 1.6 million.
On Tuesday, March 29, 2011, the Supreme Court heard oral arguments in (Betty) Dukes v Wal-Mart Stores, Inc. determining whether the case could even qualify as a class-action suit.
Is their claim of company-wide gender discrimination too broad? What do the plaintiffs really have in common? (and don’t say uterus)
Some women argued that Wal-mart’s policy against discussing pay keeps women in the dark that their male counterparts are better compensated. Other women spoke of being excluding from activities on mandatory company outings.
Christine Kwapnoski, one of the original six plaintiffs from California was told to “doll up” and “blow the cobwebs” off her make- up when she asked for a promotion after nearly a decade of employment on the receiving dock.
Gag rules, social exclusion, and chauvinistic undertones to the work environment—could they all point to the same issue?
This case has been going on for over a decade; a sign that the “issue of women’s equality is still an open question” says Kwapnoski, adding that “it is time that our society says women are entitled to the same pay and promotion opportunities as men.”
A ruling can be expected by late June.
Meanwhile, other cases dealing with equal pay have turned into legislation that either passed—or stalled.
In 2007 the Supreme Court decided in favor of the employer after hearing Ledbetter v. Goodyear Tire & Rubber Co. This verdict meant that race or gender discrimination claims must be filed within 180 days of an employer’s decision in order to invoke Title VII of the Civil Rights Act.
However, the Equal Pay Act (1963) has a three-year deadline for discrimination claims, and the Court’s decision was effectively reversed by the passage of the Lilly Ledbetter Fair Pay Act in 2009, which states that the 180 day period resets with each paycheck in question.
Still, the Paycheck Fairness Act, which would improve the Equal Pay Act with stiffer penalties for companies in violation, has yet to be passed. Although passed by the House last year, it is currently stalled in the Senate.
Fortunately, the Act has bipartisan support as well as the backing of the Chief Executive.
Sources:
WomensVoicesforChange.org
IntheArena.blogs.CNN
Wikipedia.com
AZcapitoltimes.com
NYTimes.com