Judith L. Lichtman, Senior Advisor
Today, the Supreme Court ruled that the women of Wal-Mart cannot proceed as a group as they challenge the company’s discriminatory pay and promotion practices. It was a disappointing day for the women involved in the case and for all of us who are fighting for fair pay and fair opportunities for advancement for America’s women. But today’s decision is not the end.
The good news is that the Court’s decision was not about the merits of the women’s charges, only whether or not they could continue with the case as one group or class. On that question, the Court decided that the women of Wal-Mart did not have enough in common to bring a class action for claims of discrimination. Incredibly, the Justices relied on the fact that Wal-Mart has a written policy prohibiting discrimination, paired with individual managers’ discretion, to support its ruling. As all three women on the Court, led by Justice Ginsburg and joined by Justice Breyer, noted in dissent, the majority ignores the realities of how employment discrimination really plays out in the workplace. “Managers, like all humankind, may be prey to biases of which they are unaware. The risk of discrimination is heightened when those managers are predominantly of one sex, and are steeped in a corporate culture that perpetuates gender stereotypes.”
This setback means that the women of Wal-Mart will have to continue their pursuit of justice in smaller groups and through individual cases. After 10 years of fighting for their day in court, there is no doubt that many will continue to do so. Wal-Mart can now expect to deal with thousands of charges of discrimination nationwide.
These women have legitimate cases and Wal-Mart – as the nation’s largest private employer – must be held accountable. There is clear evidence that the company paid women less than men in every job category and that managers hand-picked employees for promotions based on a “good old boys” network. That is unacceptable – and it is against the law.
What is just as clear is that this opinion underscores the serious need for a federal law that will help prevent and remedy pay discrimination against women in this country. America’s families rely more than ever on women’s incomes—which makes the need for fair pay all the more urgent.
Wal-Mart’s actions are part of a larger pattern of discrimination in this country. Women are still paid, on average, only 77 cents for every dollar paid to men. We hold only 40 percent of management positions and one out of six corporate officer positions.
Part of the reason pay inequity is so widespread is because employers know that under existing laws they won’t be held accountable for discrimination’s true cost. And most victims of pay discrimination don’t realize they’re being underpaid. Many employers, like Wal-Mart, discourage or prohibit their employees from discussing their wages with co-workers.
Fortunately, the Paycheck Fairness Act – re-introduced in Congress on Equal Pay Day this year – would close the loopholes in existing laws that make it easier for employers to engage in pay discrimination, protect employees who discuss or inquire about pay, and strengthen the penalties for employers who choose to break the law. If the Paycheck Fairness Act had been in place 10 years ago, many women in the Wal-Mart case would have been protected from the discrimination that they are challenging today.
The pursuit of justice for the women of Wal-Mart and women facing discrimination around the country is far from over. The Wal-Mart women will continue to challenge the company’s policies in the courts, and we will continue to call on Congress to pass the Paycheck Fairness Act and other measures to restore our civil rights protections.
Women need and deserve fair pay and fair opportunities for advancement. We will get there, in spite of today.
I work for Walmart and I am very disapointed that the Supreme Court showed its pro-corporate sympathies yet again. I do hope that those women who were in the suit are successful in another manner.
I want Justice in Workplace Discrimination. I have been pleading for Justice in a workplace rape case for six years, to simply put one man in prison for felony rape in the workplace.
I see no reason why any woman should have to leave her job, due to rape by the boss.
I pleaded with everyone at the time, to simply remove HIM from my workplace.
The federal courts, EEOC, US Attorneys, private “litigators” are all in a fight for the “civil litigation” money, the money his corporation pays on rape cases.
While everyone was “litigating” for money from my case, he assaulted more women.
Of the tens of thousand of workplace rape cases each year, processed by the federal courts, NOT ONE of these men are sent to prison, but tens of millions in “civil litigation” money is contained in each case.
I want someone to help me get Justice for the working poor. We should not be raped as a revenue source to the federal government, or as “redistribution of corporate wealth”………..the money going to law firms, litigators, the rich.
My every demand for payment on my own civil cases, were DENIED
while the courts disbursed funds to scores of third parties not harmed.
Of the thousands of workplace rape cases each year, processed by the federal courts, I can not find any case that resulted in a Judge putting a man in prison.
the “civil litigation” money paid by his corporation to the courts,
keeps him in business and out of prison.
I want JUSTICE in America, for the working poor.
I want it to be a crime, to rape a woman in her workplace.
If anyone can help with my persuit of Justice, I can be reached at beverlyprather@comcast.net