Monthly Archives: June 2011

More Thoughts on the Wal-Mart Decision

In the wake of the Supreme Court’s refusal to allow an enormous class action to proceed against Wal-Mart, representatives of employees and employers are evaluating its message. Justice Scalia’s pointed criticism of the plaintiff class’s approach intrigues some management representatives. The plaintiffs argued that by giving almost unfettered discretion to male managers to hire, pay...
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Supreme Court Refuses to Subject Wal- Mart to Discrimination Class Action

By a 5-4 decision, the Supreme Court reversed the certification of a class action against Wal-Mart brought by women claiming to have been deprived of promotions and raises.  The class of women affected numbered about a million and a half.  The Supreme Court rejected the Plaintiff class’s theory that a culture of discrimination pervading Wal-Mart,...
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New Case Reminds Us of the Difficulty of Isolating Race Bias

A recent case from the local District Court, just affirmed by the Fourth Circuit (the opinion was by retired Justice O’Connor), emphasizes the difficulty of establishing discrimination in workplaces where the discrimination takes the form of “death by a thousand cuts.”  A Haitian worker, Geraldine Lauture, alleged that she was disciplined more severely than white...
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When a Disabled Worker Needs Time Off

Last week the EEOC held a meeting to discuss employers’ accommodations of disabilities by offering leaves of absence or more lenient sick time policies. Before Congress amended the Americans with Disabilities Act to counter extremely narrow court interpretations, it was commonplace for courts to hold that attendance was an essential function of most jobs.  Therefore disabled...
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