The Wal-Mart Discrimination Case - Page 2
Back to the Wal-Mart case, for a class action suit to be accepted it has to follow few guidelines as stated in Rule 23. Wal-Mart is alleged of paying women less than men for the same jobs and giving fewer promotions to female workers. There are six women who are seeking to serve as class representativesNow first things first, a class action lawsuit is a form of lawsuit filed by one or more people on behalf of themselves and a larger group of people “who are similarly situated”. Rule 23 of the Federal Rules of Civil Procedures sets the requirements for a class action suit to stand. The Rule 23 standard for a court to take a class action is two-pronged– first; all four parts of Rule 23(a) must be satisfied. Only then must a court find that one of three conditions in Rule 23(b) is satisfied. Rule 23 from Cornell University Law School. (a) Prerequisites.
One or more members of a class may sue or be sued as representative parties on behalf of all members only if:
(1) The class is so numerous that joinder of all members is impracticable – Numerosity>>> applies
(2) There are questions of law or fact common to the class – Commonality>>> applies
(3) The claims or defenses of the representative parties are typical of the claims or defenses of the class – Typicality >>> applies.
(4) The representative parties will fairly and adequately protect the interests of the class – Adequacy of Representation with no conflicts of interest>>> applies.But it is important to note that Rule 23(a) doesn’t impose a size limits on a class. So if the case is qualified as a class action suit by Rule 23 standards, theoretically, its size can be unlimitedIn ending the first part of this story, it is important to say that what is being argued right now through the Supreme Court that might take action by the spring or summer of next year; is not whether Wal-Mart discriminates against its female employees under the “Title VII of the Civil Rights Act of 1964”, but whether this case should be allowed as a class action suit of that immense size.
In the next post we will discuss the argument that Wal-Mart is raising.
Till then, remember Diversity Starts at Home