Wal-Mart, facing billions in damages, wants bias case tossed
Monday, August 08, 2005
SAN FRANCISCO -- Has Wal-Mart Stores Inc., the world's largest private employer, grown too big for the U.S. justice system?
That provocative question is the key to Wal-Mart's defense against a lawsuit filed on behalf of 1.6 million former and current women employees. Lawyers pursuing the class action claim Wal-Mart systematically denied raises and promotions to women and paid them less than their male counterparts.
Wal-Mart denies any pattern of discrimination and has appealed the decision of U.S. District Judge Martin Jenkins to proceed to trial, calling the case "gargantuan," "elephantine" and "unprecedented," among other things.
But what really bothers the Bentonville, Ark.-based retailing powerhouse is the judge's compensation plan: If companywide gender discrimination is proven at trial, it could force Wal-Mart to pay billions of dollars to all women paid less than their male counterparts, with no opportunity to dispute their individual circumstances.
Jenkins rejected the idea of 1.6 million individual hearings in the nation's largest civil rights case as "impractical on its face."
Wal-Mart calls that an unprecedented denial of due process in its appeal, which seeks to have the entire case dismissed. The 9th U.S. Circuit Court of Appeals hears arguments on Aug. 8.
SNIP
Essentially, they want to call all 1.9 million women to the stand. Or have charges dismissed. A novel, if stupid, legal argument.
http://www.post-gazette.com/pg/05220/549501.stm