The Supreme Court issued its decision in the Dukes v. Wal-Mart sex discrimination case yesterday, a frustrating ruling that doesn’t challenge the existence of bias, but that exempts the company from accountability. The case highlights the difficulty of addressing discrimination at a time when intentional bias is both illegal and socially unacceptable, and yet obvious gender and racial gaps remain. If much, perhaps even most, discrimination is unintentional on a personal level, what responsibility do employers (or our government, or each of us as individuals) have for addressing its institutional consequences?
The court decided 5-4 that up to 1.5 million female employees cannot file suit together as a class. The court’s conservative majority raised questions not just about whether the women were discriminated against through the same mechanisms, but also about the validity of the plaintiffs’ central argument—that the combination of a highly centralized corporate culture and excessive discretion among managers systematically disadvantaged women.
Wal-Mart’s numbers are not in question. Women comprise more than 65 percent of hourly employees, but only 34.5 percent of managers. This is significantly different from similar retail chains, in which women hold 56.5 percent of management jobs. It takes women on average 4.38 years to rise to a management post at Wal-Mart, but takes men only 2.86 years. Of 41 Wal-Mart regional vice presidents, only five are women, and only 9.8 percent of Wal-Mart’s district managers are women. Wal-Mart’s internal documents acknowledge that they are far behind the rest of their field...
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