Can A Business Be Too Big For A Class Action Suit? On Tuesday, the Supreme Court will hear arguments in a case that will determine whether Wal-Mart is too big to be sued. The retailer is fighting a class action discrimination lawsuit brought against it by 1.5 million current and former female employees.
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Can A Business Be Too Big For A Class Action Suit?

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Can A Business Be Too Big For A Class Action Suit?

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Can A Business Be Too Big For A Class Action Suit?

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RENEE MONTAGNE, Host:

This is MORNING EDITION from NPR News. I'm Renee Montagne.

STEVE INSKEEP, Host:

Today, the United States Supreme Court takes on the biggest employment discrimination case in history. It involves one of the biggest retailers in history - Wal-Mart. Lawyers challenging the company say they represent one and a half million of Wal-Mart's current and former female workers. The justices will decide if Wal-Mart is too big to be sued in a single class action case. Here's NPR legal affairs correspondent Nina Totenberg.

NINA TOTENBERG: Everything about this case is too big, says Wal-Mart's lawyer, Ted Boutrous.

TED BOUTROUS: They have brought a case that implicates 3,400 stores around the country, women at all different levels of the store, from the store managers to the entry level positions.

TOTENBERG: But lawyer Joseph Sellers, representing the women, counters that class actions were created to deal efficiently with large numbers of similar claims.

JOSEPH SELLERS: The majority of the women in this class have held five jobs. These are cookie-cutter type jobs. So the fact that there may be multiple stores doesn't mean the jobs are any different.

TOTENBERG: Both sides have examples to prove their point. On one side are the half dozen named female plaintiffs, like Christine Kwapnoski, suing on behalf of other similarly situated women. Kwapnoski is a 46-year-old divorced mother of two, who says, for example, that when she complained about a male employee with less experience getting more money...

CHRISTINE KWAPNOSKI: I was told that one male had a family to support.

TOTENBERG: To counter that picture, Wal-Mart trots out its vice president for human resources, Gisel Ruiz, who worked her way up from assistant manager trainee to store manager, then regional vice president in charge of 150 stores, ultimately to the job she now holds.

GISEL RUIZ: My experiences do not match up with the claims that the plaintiffs are making. And I'm not the only one. I'm not an exception.

TOTENBERG: Wal-Mart contends that the theory on which this lawsuit was brought is both spurious and radical. Ted Boutrous notes that 20 other large American companies, from Microsoft to GE, have filed a brief in the case contending that if the large class here is certified to go forward, similar and potentially ruinous suits could follow elsewhere.

BOUTROUS: The plaintiffs swung for the fences here, and instead of seeking the normal kind of class action where you would bring it against a particular decision-maker or entity, they tried to come up with a theory that would allow them to ensnare major companies in these huge class actions that might cause them to be able to get a quick settlement.

SELLERS: Wal-Mart is a corporate outlier. And the policies that we were challenging have been abandoned by most companies decades ago.

TOTENBERG: Joseph Sellers, the lawyer for the women.

SELLERS: There is no large company exception to the civil rights laws. So for Wal-Mart to contend that somehow this case is too big and that therefore it can't be pursued is to try to carve out an exception for it and other large companies from coverage under the civil rights laws.

TOTENBERG: Nina Totenberg, NPR News, Washington.

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