Monday’s Post January 23,2012 – Two former Walmart employees have re-filed a sex discrimination lawsuit claims against the nations largest retailer. The female employees whom filed the action against Walmart say they were intentionally prevented from advancement within the company because they happen to be women and not men. Last year, 1,500,000 present and former female employees (including the present litigants) had filed a class action law suit making the same claims. The U.S. supreme court dismissed that suit of both former and current female employees, who made up the original class of the lawsuit. To the courts surprise; the Walmart discrimination case has had unanticipated side effects of affecting other class-action lawsuit cases waiting to be heard by the nations highest court.
A few of the same female employees pursued a law suit against Walmart in a lower Federal Court in San Francisco this past fall. Although the highest court in the U.S. would hear the case; the claimants would focus their claims of discrimination only occurring in the State of California. Walmart immediately responded to the new case by filing the necessary legal paperwork for immediate dismissal of the case.
Walmart attorneys argued the claimants move is nothing short of attempting to revive the previously dismissed case and class. When the court reviewed national statistics employment statistics; the women’s claim focuses on the specific statements by managers and supervisors, specifically those that suggest discrimination in cases of career advancement and salary increases.
The new case focuses on an episode that may or may not have happened in 2004. A Walmart executive made a generalization that women being more suited for “information processing” while men were better at completing a task. The women whom heard the statement felt the executive was saying men were a much more profitable gender.
Just like when you buy a car insurance policy from and the auto insurance company; the carrier takes on the financial responsibilities of compensating others for those errors made by the motor vehicle owner. Businesses can do the very same thing by purchasing Business Liability Insurance Coverage. When a large Company, like Walmart, makes an error and must make financial restitution. Although no decision in the Walmart case has been determined – if Walmart is found to be guilty, the business liability insurance purchased on Walmart’s behalf.
Michael E. Dortch
President & Managing Agent
Corporate Home Office
618 South Broad Street
Lansdale, Pennsylvania 19446
(800) 807-0762 ext. 602