A quick update on the Walmart case that ednainthesea discussed here. The US supreme court has decided that one and a half million women cannot bring a class-action suit against Walmart, in which they were to argue that the corporation’s record on the promotion and pay of women belies institutional sex discrimination. The justices agreed unanimously that the suit failed to meet a particular technical requirement. More interestingly, a 5-4 majority ruled that the women do not have enough in common to bring a class action suit; according to Justice Scalia, the necessary common element is “entirely absent”.
You can read the full opinion here (direct link to .pdf). Part II of the court’s opinion (pp. 8-20) explains the reasoning behind the no-common-element decision. The appended dissenting opinion, written by Justice Ginsburg, takes issue with this part of the opinion (post, pp. 1-11).
Whatever the niceties of the legal arguments, it seems clear that the decision has greatly diminished the chances that large class-action suits could be used to address systemic discrimination.