New York Litigator Stuart Slotnick weighed in on Walmart's sex-bias case in a March 30, 2011 article published by the United Kingdom newspaper The Guardian.
United States Supreme Court Justices Anthony Kennedy and Antonin Scalia questioned the basis of what would be the largest sex discrimination case in the court's history. Kennedy, in particular, explained that he was "just not sure what the unlawful policy is."
Walmart is accused of encouraging a corporate culture that stereotypes women and is biased with regards to pay and promotion. The case seeks to certify the more than 1 million plaintiffs as a class.
The Ninth Circuit relied on statistics for its initial class certification, but the Supreme Court seems hesitant to rely on statistics as evidence alone.
"There needs to be other evidence than a mathematical analysis of pay scales," Slotnick said. He suggested that employee testimony detailing sexist corporate culture or a systematic discrimination policy would strengthen the plaintiffs' case.