Costco, HR Groups Back Wal-Mart In High Court

Law360, New York (February 3, 2011, 2:14 PM EST) -- Costco Corp. and two national human resources associations have backed Wal-Mart Stores Inc. in the largest-ever sex discrimination class action to go before the U.S. Supreme Court, warning class certification could paradoxically undermine laws meant to promote diversity.

The U.S. Court of Appeals for the Ninth Circuit’s decision upholding certification of a class of roughly 500,000 women in that case — without evidence of a clearly discriminatory Wal-Mart policy nor analysis of the company’s existing diversity policies — ignored common sense and could irresponsibly open up...
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