US Supreme Court Sides with Wal-Mart in Sex Discrimination Class Action (David G. Savage)

By a 5-4 vote, the high court said the suit could not go forward as a class-action claim because the plaintiffs could not show Wal-Mart had a common policy of discriminating against women. Instead, the company allowed individual store managers to decide on pay levels and promotions, the justices said.

The ruling is not only a victory for Wal-Mart, but is also likely to shield large employers from similar claims that rely on statistics that may suggest bias based on the race or gender of employees. Had civil rights lawyers succeeded in the case, they had hoped to bring other suits against large employers who allegedly relegate women or minorities to lower-paying jobs.

"In a company of Wal-Mart's size and geographical scope, it is quite unbelievable that all managers would exercise their discretion in a common way without some common direction," said Justice Antonin Scalia. Because class actions are suitable for resolving disputes that turn on a common issue, this lawsuit cannot go forward, Scalia said.

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