When the Supreme Court considers on Tuesday whether hundreds of thousands of women can band together in an employment discrimination suit against Wal-Mart, the argument may hinge on the validity of the hotly disputed conclusions of a Chicago sociologist.
Plaintiffs in the class-action suit, who claim that Wal-Mart owes billions of dollars to as many as 1.5 million women who they say were unfairly treated on pay and promotions, enlisted the support of William T. Bielby, an academic specializing in "social framework analysis."
A central question in the case is whether he should have been allowed, in preliminary proceedings, to go beyond describing general research about gender stereotypes in the workplace to draw specific conclusions about what he called flaws in Wal-Mart's personnel policies.
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Wal-Mart disputes the plaintiffs’ evidence as unrepresentative and unreliable. But even if all of it were established fact, anecdotes and statistics would not be enough. Supreme Court precedent also requires lawyers pursuing a class action to identify the common policy that they say led to unlawful discrimination.
For that, the lawyers for the plaintiffs in the Wal-Mart case turned to Professor Bielby, who teaches at the University of Illinois at Chicago and has testified in scores of similar cases.
Social framework analysis gives courts general information — a framework — drawn from social science. Testimony about the reliability of eyewitness identification can, for instance, serve a valuable role in cases in which prosecutors seek to rely on such evidence.
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100 to 1 odds AGAINST the women in this corrupt, right wing "stacked" SCOTUS. Any takers?
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