CRM/LAW C113 Lecture Notes - Lecture 7: Quid Pro Quo, Catharine Mackinnon, Lilly Ledbetter Fair Pay Act Of 2009
18 Apr 2016
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Pervasive culture across geographic stores (women earned less than male counterparts working the same job; repeatedly harassed and promoted at lower, slower rates) + failure to control managerial discretion = pervasive sex discrimination in pay and promotion. Claimed a cultural problem (the wal-mart way!) = local supervisors and local stores and local managers were given discretion to make salary and promotion decisions. Allowed perceptions to affect salary and promotion decisions. Wal-mart corporate did nothing to control what supervisors or managers did in their stores. You can create structures; standards; internal policies, rules, and guidelines. Holding: class action was denied and the case was dropped. Disparate impact = wal-marts pay and promotion policies gave way to certain discriminatory actions. After 20 years, she realized that she was earning significantly less than her male counterparts; as she was getting ready to retire, she sued for wage discrimination under title vii and the equal pay act.
