A Miami federal judge has rejected a discrimination lawsuit by women employees against Wal-Mart Stores Inc. The judge says that the women employees were “improperly ‘piggybacking’ on a national class action that was rejected by the U.S. Supreme Court. An attorney representing 11 women named in the suit will try to attain reconsideration of the dismissal. District Judge Robert Scola will be asked to certify a question to the U.S. Court of Appeals for the 11th Circuit.
Judge Scola dismissed the case on Monday, citing that the case “duplicated the Dukes v. Wal-Mart claims that were rejected by the Supreme Court in 2011, according to Ct Law Tribute. The Dukes ruling established that the women couldn’t sue as a group “because the evidence didn’t support their claim of a general policy of discrimination against Wal-Mart. The lawsuit was filed on behalf of women workers at Wal-Mart in Florida, North Carolina, Virginia and four other southeastern states. Judge Scola commented, “plaintiffs cannot assert class claims that were previously asserted and rejected.”
Representing America’s largest retailer was Hilarie Bass, co-president of Greenberg Traurig. She was not available for comment. Wal-Mart’s spokesman Randy Hargrove was able to comment; he says that the company’s position is that it believes its employees should bring cases separately. “We are pleased the district court in Florida dismissed this class action. Five trial courts have unanimously concluded that these regional gender discrimination class action claims are not appropriate. We have said all along if someone feels they have been treated unfairly, they deserve to have their timely individual claim heard in court.”