Supreme Court blocks huge class-action suit against Wal-Mart
The ruling in the suit, filed on behalf of as many as 1.5 million female employees, may all but end big class-action cases that seek money from employers for discrimination.
By David G. Savage
Only if there is proof a company has a policy of paying less to women or minorities can the employees get together in a class-action suit, the court said in an opinion Monday by Justice Antonin Scalia. Statistics showing that a company's female workers earn far less and get fewer promotions than men will not suffice, the court said.
The decision is the latest in a series of major rulings favoring business under the stewardship of Chief Justice John G. Roberts Jr.
Columbia University law professor John Coffee said the Wal-Mart ruling all but sounded the death knell for class-action suits that seek money from employers for discrimination.
In related news, the Supreme Court tossed a class-action suit by American Indians against the US government for its history of genocidal actions. Writing for the pro-extermination majority, Scalia said there was no written policy stating "kill the Indians" or the like.
"In a country of the United States' size and geographical scope, it is quite unbelievable that all officials would exercise their discretion in a common way without some common direction," Scalia said. "Significant proof that the US government operated under a general policy of discrimination is entirely absent here."
Yeah, I can't imagine millions of greedy, selfish Americans persecuting Indians with the tacit support of the US government. According to Scalia, it couldn't have happened. It's a figment of the Indians' imagination and no legal action is necessary.
Genocidal policies were written
A couple of people added comments:
In California it was written law. First one on the books when it became a state.
But yes...federal, state, and local policies along with court rulings and military decisions all conspired to eliminate Indians. Scalia's demand for written proof is, once again, a dodge to shield wealthy exploiters from harm. The evidence for genocide is tens of thousands of irrefutable results, not a written policy.
For more on the subject, see Slaughtering Buffalo = Genocide and Boarding Schools = Holocaust?