Legal News

EEOC Backs Plaintiffs in Wal-Mart Discrimination Case

By Nathan Koppel

In the employment-litigation world, all eyes are on the 9th Circuit which is due next week to hear arguments on whether Walmart can be sued by a class of up to 2 million women who allege that the company systematically paid women less than men.

The 9th Circuit affirmed class certification in 2007, but an en banc panel will review that decision on March 24.

Yesterday, the plaintiffs got a boost from the EEOC, which decided to file a brief opposing Walmart's request to try punitive damages on a case-by-case basis. Here's an article from the Recorder on the move by the EEOC, which previously had indicated that it would not get involved in the case.

Walmart's counsel, Ted Boutrous Jr. of Gibson Dunn, said the EEOC's position "squarely conflicts with numerous Supreme Court punitive damages decisions."

Robin Conrad, with the U.S. Chamber's litigation arm, was also none too happy by the EEOC entry in the case. "It's very troubling that the Obama administration thinks it might be appropriate to impose massive punitive damages on companies without ever giving them their day in court," Ms. Conrad told the Recorder.

"This is not a radical new EEOC making this decision," Brad Seligman, counsel to the plaintiffs, countered.

Here's a link to a Web site run by the plaintiffs' class, which offers an overview of the case and court filings.

Full post as published by Law Blog - WSJ.com on March 20, 2009 (boomark / email).