Class action lawsuit against Wal Mart was dismissed

October 16, 2012 2:23 pm Published by Leave your thoughts

The major retail corporation Wal Mart will not have to undergo a class action lawsuit regarding the gender discrimination allegations that have been waged on the company, according to Bloomberg BusinessWeek. A Texas judge made the final decision, dismissing the class action lawsuit.

Women from a large region in Texas filed a joint lawsuit, claiming that their managers were unwilling to promote them and discriminated against females regarding pay. The lawsuit attempted to represent all women who are salaried and hourly workers. Previously, the Supreme Court dismissed this type of class action lawsuit but plaintiffs came back with more evidence for U.S District Judge Reed O’Connor.

"We are pleased that the district court has dismissed the class action claims, recognizing the individuals must pursue their own claims," Theodore Boutrous Jr., an attorney representing Wal Mart, said in an interview. "You can’t piggyback one class action on top of another. This class action was based on the same theories that were rejected by the Supreme Court."

Despite this decision, the plaintiffs are looking to appeal and fight against the alleged discrimination. Seeking class action status, however, may prove difficult, as the lawsuit was limited to three Wal Mart regions and two Sam's Club areas in Texas, the latter being a subsidiary of the former.

Avoiding discriminatory lawsuits in the workplace

Businesses can learn from this lawsuit, as employers would be able to improve employee relations by ensuring that no discrimination takes place and that all managers treat employees of different race, religion, gender or sexual orientation fairly and equally.

A vital part to remember is that all employees – regardless of gender – should receive equal pay based on their position as well as the same consideration for promotions. The U.S. Equal Employment Opportunity Commission (EEOC) also requires business owners to file specific documentation regarding whether a charge was filed against them. Workforce data is also collected by the EEOC.

Arizona businesses that need assistance in learning the type of data and documentation to record should consult a business attorney in Phoenix.
 

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