WASHINGTON – The U.S. Supreme Court yesterday handed a sweeping victory to Wal-Mart, the nation’s largest employer, in the retailer’s decade-long effort to thwart a discrimination class action filed on behalf of more than 1 million current and former women workers. The ruling is likely to hobble other large employment class actions as well.
Justice Antonin Scalia, writing for a 5-4 majority, said the plaintiffs failed to provide proof of a common company-wide policy of discrimination, which he said is necessary to certify a class under Federal Rule of Civil Procedure 23(a)(2).
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