It's Not Over: The Aftermath of Wal-Mart For the Class Members

As the Wal-Mart decision is dissected by the media, politicians, and academics, a lot is at stake for Wal-Mart's current and former female employees. It's not clear what will happen to the hundreds of thousands of women whose class discrimination claims were nixed yesterday by the Supreme Court. It's possible that the plaintiffs will attempt to construct a narrower class (by region or state or even by store), or perhaps some class members, particularly those with relatively large monetary claims, will file charges with the EEOC and then pursue individual actions (or perhaps through non-class joinders or aggregates). The lawyers for the class are standing by the class. Their post-decision press release indicates that they will help in any way they can, including in some cases by assisting class members proceed individually. I have heard that, already, 12,000 class members have contacted their lawyers seeking information. The Wal-Mart class action website provides class members with extensive advice on how to proceed.