WAL-MART SEX DISCRIMINATION LAWSUIT Largest Case in US History Revives a Longstanding Debate
By:
Tambra Sullivan
Minot State University
BADM 537
Human Resource Management
August 2011
Abstract
The sex discrimination case against Wal-Mart, in which the U.S. Supreme Court handed an important victory to the retail chain on June 20, 2011, revives a longstanding debate: are disparities in the workplace due primarily to gender bias or to deep-rooted gender differences? The answer is anything but simple. Women make up nearly two-thirds of hourly workers at Wal-Mart but only one-third of management. The complaint argued that such disparities can be explained only by bias. But can they? This paper attempts to explore this complex issue and the lawsuit outcome.
Wal-mart Sex Discrimination Lawsuit Largest Case in US History Revives a Longstanding Debate
The Wal-mart sexual discrimination lawsuit was filed ten years ago by three female employees. However, the plaintiffs and their lawyers have sought to expand it into a class-action suit on behalf of every woman who has worked for Wal-Mart at any time since December 1998 -- as many as 1.5 million. While they collected statements from 120 women alleging discrimination, the main argument for the class-action suit relied on sociological and statistical analysis. Women make up nearly two-thirds of hourly workers at Wal-Mart but only one-third of management. Such disparities, the complaint argued, can be explained only by bias.
Discussion
What is sex discrimination?
When you are treated differently because of your sex and when the different treatment negatively affects the “terms or conditions of employment,” it is illegal. “Terms or conditions of employment” include position, pay, title, being hired or fired from a job, and advancement and training opportunities. (ERA, 2011).
Sex Discrimination is against the Law The
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