BofA Says Dukes Thwarts Sex Bias Action

Law360, New York (August 9, 2011, 7:51 PM EDT) -- Citing the U.S. Supreme Court's decision in Wal-Mart v. Dukes, Bank of America Corp. on Tuesday asked a New York federal judge to dismiss a similar class action brought by female employees who claim they are underpaid compared with men.

The women, who worked as financial advisors, claim the bank and its Merrill Lynch & Co. subsidiary pay women less than their male counterparts and deny them promotion opportunities. Bank of America said its court filing that it gives managers discretion to make business decisions, and...
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