It’s been little more than two years since the U.S. Supreme Court shot down a massive class action gender discrimination lawsuit on behalf of thousands of women who worked for retail giant Wal-Mart.
Since then, the Wal-Mart v. Dukes decision has been cited more than 1,200 times by state and federal courts handling similar types of complaints, some against retailers, such as Family Dollar Stores, others against government contractors, such as Lockheed Martin Corp. and even in the publishing industry, with one large case involving Hearst Corp.
It’s impossible to deny the impact this pro-business decision had on discrimination litigation. However, where it has primarily hit the hardest has been with regard to larger, class-action cases. That’s because the primary issue in the Dukes decision was not whether Wal-Mart had discriminated against women, as alleged. Rather, the court was charged with determining whether members of the class had enough in common to allow the case to move forward.