Oral arguments for the class-action law suit brought on behalf of 1.5 million current and former female Wal-Mart employees were heard by the Supreme Court last week. Wal-Mart contends that there is not enough “cohesion” among the women to treat them as a single class, despite a federal judge and the Ninth Circuit ruling otherwise. A brief submitted by 31 civil procedure professors says that the women meet the core test to be determined a cohesive class – they have in common the question of whether Wal-Mart discriminated against them. In addition to the average wage gap of $1,100 for each member of the class compared to their male counterparts, they also experienced discrimination in the work environment including mandatory fishing trips where women weren’t included in their male peer’s boats and retaliation-free system for complaints which actually lead to women being fired.
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