Lilly Ledbetter
By Lilly Ledbetter and Linda Hallman

Yesterday a sharply divided Supreme Court ignored more than 40 years of established jurisprudence in its Wal-Mart v. Dukes decision, which severely restricts the ability of employees to fight discrimination as a class-action group. In a deeply misguided opinion, the majority ruled that the women of Wal-Mart cannot band together nationwide and stand up as one against the biggest retailer in the world. It's hard to manage the court costs and find the courage to keep going. We only wish the women of Wal-Mart would not have to do that. Yet the high court decided they did not have enough in common to pursue a nationwide class-action suit, a sadly ironic twist for former employees of the great homogenizer of American retail.

The court’s decision was not related to the merits of the case, however, and the women of Wal-Mart are already planning how to proceed next, either individually or in smaller, reformulated class-action cases. In fact, Wal-Mart may rue the day it fought against allowing a single class-action case. The company’s gamble—that if it could throw up enough barriers, the women would quit—is not going to pay off, and the Goliath retailer may soon end up with more Davids than it ever wanted to fight.

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