I haven’t followed or studied the case but it hardly surprises me that the Supreme Court ruled in favor of Wal*Mart and against the women it employs. Part of the ruling was unanimous, but the deadly part was another 5-4 conservative opinion. Antonin Scalia says that a failure to have a uniform employment policy which then results in systemic gender-bias cannot have standing because there is no policy. Perfect conservative logic. Imagine if you had a chain of department stores in the Deep South in the mid-sixties, and corporate headquarters had no official policy on the hiring and promotion of blacks. According to Scalia, there could be no discrimination because no one ever told the branch managers to be bigots. Is that brilliant?

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