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Supreme Court sides with Wal-Mart in huge sex bias lawsuit
msnbc ^ | 20 june 2011

Posted on 06/20/2011 9:13:07 AM PDT by rellimpank

— The Supreme Court blocked the largest sexual-discrimination lawsuit ever from proceeding as a class action on Monday, handing a victory to Wal-Mart in a case that pitted the massive retailer against millions of its female employees.

The court’s decision could have broad implications for workers seeking jointly to sue their employers.

The justices overturned an earlier U.S. appeals court ruling that gave class-action status to 1.5 million female Wal-Mart employees, past and present, seeking billions of dollars in a suit accusing the retailer of paying women less and giving them fewer promotions at the company

(Excerpt) Read more at msnbc.msn.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: discrimination; lawsuit; ruling; scotus; walmart; workplace

1 posted on 06/20/2011 9:13:08 AM PDT by rellimpank
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To: rellimpank

Woman are different than men. They aren’t as strong, have less endurance, aren’t as tall, and have different dispositions as well. They should be paid accordingly.


2 posted on 06/20/2011 9:16:41 AM PDT by fwdude (Prosser wins, Goonions lose.)
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To: fwdude

Guess we have a provocatuer poster on board.


3 posted on 06/20/2011 9:24:08 AM PDT by ngat
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To: fwdude

The uglist women in the world - lose :-))


4 posted on 06/20/2011 9:24:44 AM PDT by stubernx98 (cranky, but reasonable)
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To: fwdude

Yes, but we women are so much smarter than you men. ;)


5 posted on 06/20/2011 9:26:44 AM PDT by MacMattico
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To: stubernx98

...and all obummer needs is one more on the SCOTUS.


6 posted on 06/20/2011 9:28:14 AM PDT by oldtimer (uee)
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To: fwdude
Woman are different than men. They aren’t as strong, have less endurance, aren’t as tall, and have different dispositions as well. They should be paid accordingly.

I think their 'rate of pay' should be based solely on their 'looks'.

7 posted on 06/20/2011 9:33:22 AM PDT by UCANSEE2 (Lame and ill-informed post)
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To: oldtimer

obummer is not very good legally. He has help with the Liberal Justices, but often times he still fails.


8 posted on 06/20/2011 9:34:06 AM PDT by sr4402
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To: fwdude

[ Woman are different than men. They aren’t as strong, have less endurance, aren’t as tall, and have different dispositions as well. They should be paid accordingly. ]

AND they sue their employers for trumped nonsense.. and until now mostly get away with it..

Hiring women, unless you are forced to, can be almost suicidal... for an employer..


9 posted on 06/20/2011 9:36:31 AM PDT by hosepipe (This propaganda has been edited to include some fully orbed hyperbole...)
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To: ngat

If the truth “provokes,” so be it.


10 posted on 06/20/2011 9:38:50 AM PDT by fwdude (Prosser wins, Goonions lose.)
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To: rellimpank
Note the bias in the lede:

"...handing a victory to Wal-Mart in a case that pitted the massive retailer against millions of its female employees."

That makes it sound like Mal-Mart and its female employes are in a true adversarial position, when actually it was Wal-Mart vs a clutch of jacobin lawyers, using 6 female shills as their instrument of class warfare.

11 posted on 06/20/2011 9:39:37 AM PDT by Mrs. Don-o (Truth is stronger than faction.)
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To: MacMattico
but we women are so much smarter than you men.

Then explain to me why women will stand in line at the checkout register for 5 minutes with a cart of items to purchase, then watch as it is all rang up, and THEN when the clerk looks at them as says, "THAT WILL BE .....", they get this deer in the headlight look, and start fumbling through their purse searching for cash or credit cards, as if they had no idea they would be asked to pay at this point in their shopping outing.

12 posted on 06/20/2011 9:41:38 AM PDT by UCANSEE2 (Lame and ill-informed post)
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To: rellimpank
The justices all agreed that the lawsuit against Wal-Mart Stores Inc. cannot proceed as a class action in its current form, reversing a decision by the 9th U.S. Circuit Court of Appeals in San Francisco.

Huh. What are the chances. < |:/~

13 posted on 06/20/2011 9:42:21 AM PDT by martin_fierro (< |:)~)
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To: Mrs. Don-o

bingo!


14 posted on 06/20/2011 9:42:29 AM PDT by reg45
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To: rellimpank
Two of the named plaintiffs, Christine Kwapnoski and Betty Dukes, attended the argument. Kwapnoski is an assistant manager at a Sam's Club in Concord, Calif. Dukes is a greeter at the Walmart in Pittsburg, Calif.

In this March 29, 2011 file photo, the five plaintiffs in a case of women employees against Wal-Mart, from left, Stephanie Odle, of Norman, Okla., Betty Dukes, of Pittsburg, Calif., Deborah Gunter, of Palm Springs, Calif., Christine Kwapnoski, of Bay Point, Calif., and Edith Arena, of Duarte, Calif. pose for a photograph outside the Supreme Court in Washington.

15 posted on 06/20/2011 9:44:41 AM PDT by anglian
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To: fwdude; rellimpank
fwdude: Thilly fellah. If employees were paid for their strength, endurance, and (shall we say) forceful dispositions, gorilla were be higher paid than Homo sapiens, even the latter were tanked to the gills with testosterone..

How 'bout we look at this from --- I know it's a novel approach --- a free market perspective? And determine pay by the supply/demands conditions the labor market and the employees' profitability to the company?

Hmm, big boy?

16 posted on 06/20/2011 9:45:37 AM PDT by Mrs. Don-o ((Rolls eyes.))
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To: ngat; fwdude
Guess we have a provocatuer poster on board.

Thank God for small favors.

17 posted on 06/20/2011 9:47:36 AM PDT by UCANSEE2 (Lame and ill-informed post)
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To: UCANSEE2

You noticed that too?


18 posted on 06/20/2011 9:47:59 AM PDT by Hoodat (Yet in all these things we are more than conquerors through Him who loved us. - (Rom 8:37))
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To: rellimpank

Plaintiffs never make money in a class action lawsuit - only the plaintiffs lawyers make money. Let’s say they had won a 1.5 billion dollar lawsuit. Each of the 1.5 million plaintiffs would get $1,000 (less the legal fees of $333) or $667 per plaintiff. However, the law firm representing the plaintiff gets $500,000,000.


19 posted on 06/20/2011 9:50:26 AM PDT by reg45
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To: Mrs. Don-o; fwdude; rellimpank
And determine pay by the supply/demands conditions the labor market and the employees' profitability to the company?

Or we could just leave it the way it is now, where pay is based on LOOKS and who you will have sex with.

20 posted on 06/20/2011 9:53:50 AM PDT by UCANSEE2 (Lame and ill-informed post)
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To: UCANSEE2

It’s done purposely to hold you up and it seems to be working!

How the heck would I know how to explain individual instances of stupid men or women?


21 posted on 06/20/2011 9:54:29 AM PDT by MacMattico
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To: UCANSEE2

LOL! yes, I often wonder where they think they are.


22 posted on 06/20/2011 9:55:36 AM PDT by Balding_Eagle
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To: anglian
Wow.....At least 4 out of the 5 appear to be morbidly obese. All 5 are definitely obese.

Unless they have some extraordinary resume that isn't being considered, I really wouldn't want them as a top rep.

23 posted on 06/20/2011 10:02:22 AM PDT by Sacajaweau
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To: MacMattico

Men will NEVER ask for directions. Always amusing...


24 posted on 06/20/2011 10:03:23 AM PDT by Sacajaweau
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To: sr4402

The Communist Judges vs. The American Judges.


25 posted on 06/20/2011 10:04:06 AM PDT by screaminsunshine (Socialism...Easier said than done.)
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To: rellimpank

Celebrate a just SCOTUS decision - slap a lawyer today!


26 posted on 06/20/2011 10:20:00 AM PDT by GladesGuru (In a society predicated upon freedom, it is essential to examine principles,)
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To: fwdude

“Woman are different than men. They aren’t as strong, have less endurance, aren’t as tall, and have different dispositions as well. They should be paid accordingly.”

Lawrence? Dr. Lawrence Summers? Is that you?


27 posted on 06/20/2011 10:21:39 AM PDT by GladesGuru (In a society predicated upon freedom, it is essential to examine principles,)
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To: Mrs. Don-o

Silly, everyone knows women should be paid for their 1) looks, 2) willingness to sit there and look pretty, and 3) ability to cook. Bonuses are paid for child bearing ability but thats usually only applicable after a huge investment in training. Willingness to get drinks and/or snacks during the game are also considerations.


28 posted on 06/20/2011 10:23:14 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: UCANSEE2
You really think these Wal-Mart greeters are puttin' out?

Pa-THET-ic. And I don't mean the greeters.

29 posted on 06/20/2011 10:24:21 AM PDT by Mrs. Don-o ((Rolls eyes.))
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To: driftdiver
That's why God made ...

.


30 posted on 06/20/2011 10:28:18 AM PDT by Mrs. Don-o (There are two theories about arguing with a woman. Neither works.)
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To: fwdude

I worked at a Walmart warehouse for 12 years alongside women. They were expected to work at the same rate as me and they did, day in and day out. Some were pretty nice looking. I could out lift almost all of them if I needed to but they certainly pulled their weight.

Women also have better manual dexterity than men, and as a result were better at some jobs and could wipe the floor with me if they chose. I certainly wouldn’t want to be paid less due to their superior abilities.


31 posted on 06/20/2011 10:32:31 AM PDT by Free Vulcan (Vote Republican! You can vote Democrat when you're dead.)
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To: GladesGuru
So are you saying that women are no different, in any way, than men?

Elinor Smeal, is that you?

32 posted on 06/20/2011 10:33:15 AM PDT by fwdude (Prosser wins, Goonions lose.)
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From 2005

Indeed, suing Wal-Mart is now a cottage industry, with some 5,000 lawsuits filed against the company each year. http://www.forbes.com/2005/11/09/wal-mart-lawsuits-cx_tvr_1109walmart.html?partner=weekly_newsletter A Zogby Poll...found that 85% of frequent Wal-Mart shoppers pulled the lever for President Bush in 2004, and that 88% of people who never shop there voted for John Kerry.
By LIZ PEEK | August 24, 2006
“What is behind all the furor, and what exactly are Democratic candidates hoping to gain by jumping on the anti-Wal-Mart bandwagon? It’s about unions, or the lack thereof, in Wal-Mart’s employee ranks. A review of the major anti-Wal-Mart organizations campaigning against the company reveals that they are all union-funded”.
http://www.nysun.com/business/defending-a-vilified-wal-mart/38463/


33 posted on 06/20/2011 10:36:01 AM PDT by anglian
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To: screaminsunshine
The Communist Judges vs. The American Judges

That's an important point!

With the 5 to 4 decision, Walmart was one Justice away from having to increase their prices to pay off a multi-billion dollar suit. Walmart stock would have declined hurting private retirement accounts.

We were one Justice away from a massive redistribution of wealth.

The Supreme Court alone is reason enough to prevent the election of any future Marxist (Dimocrat) presidents.

34 posted on 06/20/2011 10:52:39 AM PDT by CharlyFord
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To: anglian
You are correct. The attack on Walmart is fueled by union(communist) activists. It's about the redistribution of Walmart's wealth.

And, we are one SCOTUS Justice away from them scoring some huge victories.

35 posted on 06/20/2011 11:00:34 AM PDT by CharlyFord
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To: Free Vulcan
I never said woman couldn't do ANYTHING better than men, I said they were different. To deny this is siding with the militant, radical femiNazis. Women do some things much better than men. But in fields where men excel; pro football, golf, basketball, firefighting, police, military (front line), they should be paid appropriate to their abilities, or restricted from entry into the field at all.
36 posted on 06/20/2011 11:03:19 AM PDT by fwdude (Prosser wins, Goonions lose.)
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To: rellimpank

Emotionally handicapped? Should sue under the disabilities act.


37 posted on 06/20/2011 11:25:16 AM PDT by Razzz42
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To: Free Vulcan

Thanks, Vulcan!!


38 posted on 06/20/2011 11:46:18 AM PDT by Mrs. Don-o ("The first duty of intelligent men of our day is the restatement of the obvious. " - George Orwell)
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Stephanie Odle - "I’m a single mother, and I have a 6-month-old child to support."

"Christine Kwapnoski, a 46-year-old single mother of two."

No info on the rest of them. Those are just the two I searched.

39 posted on 06/20/2011 11:50:16 AM PDT by anglian
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To: CharlyFord
With the 5 to 4 decision, Walmart was one Justice away from having to increase their prices to pay off a multi-billion dollar suit. Walmart stock would have declined hurting private retirement accounts. We were one Justice away from a massive redistribution of wealth.

The main part of the ruling was 9-0. Everyone agreed the class certified by the 9th Circuit could not be maintained. The four dissenters would have sent the case back to give the plaintiffs a shot at trying to certify a narrower class, under a tougher standard.

40 posted on 06/20/2011 12:05:40 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Mrs. Don-o
You really think these Wal-Mart greeters are puttin' out?

No. Which may explain why they are getting paid and promoted less. Isn't that what they are suing about?

It's either that, or they are using the GENDER excuse to cover for the possibility that they are of the more 'sedate' type who usually show this in their body fat percentage. The men who didn't get paid better/promoted were not approached by this lawsuit happy team. Wonder if it would turn out that there was a statistical correlation between the 'plump' and the 'skinny', and not between the sexes???

41 posted on 06/21/2011 12:14:32 PM PDT by UCANSEE2 (Lame and ill-informed post)
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To: UCANSEE2
I wonder if it' possible they were paid and promoted less because they didn't have a good work record, didn't do a very good job, made costly mistakes, or failed to fulfil their job description ---as compared to those who did get raises and promotions?

A possibility?

I think it's less likely BMI, and more likely WEI (Whining, Entitlement Attitude).

Just a guess, of course.

42 posted on 06/21/2011 12:28:04 PM PDT by Mrs. Don-o
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