Discrimination Suit Against Wal-Mart Not Appropriate for Class Certification

Wal-Mart Stores Inc. does not have to face a mega-class action brought by female employees alleging gender discrimination in employment matters, the U.S. Supreme Court held June 20 (Wal-Mart Stores Inc. v. Dukes).

The three employees who brought the suit sought to represent a class of over 1.5 million current or former Wal-Mart employees, but, in the 5–4 portion of his opinion for the court, Justice Antonin Scalia said that they failed to prove the commonality required by Fed. R. Civ. P. 23(a). In a portion of his opinion that garnered unanimity, Scalia also said that the plaintiffs’ claim ...