Duke v. Wal-Mart at Forbes Woman: Implicit Gender Bias and Social Science Evidence

For Supreme Court watchers, here’s my article on Duke v. Wal-Mart over at the She Negotiates ForbesWoman blog, Wal-Mart Discrimination Case Grapples with Implicit Biases against Women.

As the New York Times‘ Adam Liptak reported today, the Supreme Court will decide on Tuesday whether 1.5 million women will be permitted to proceed with their gender discrimination class action against Wal-Mart.

The high court is being asked to decide what role it believes social science research should play in determining whether implicit bias is responsible for women’s underpay and under-representation in Wal-Mart’s management ranks. At the center of the Supreme Court case is the testimony of Sociology Professor William T. Bielby, at University of Illinois at Chicago.

Briefs and articles for the serious student of Constitutional Law below.

Ninth Circuit Opinion in Dukes v. Wal-Mart

Opening Brief

Opposition Brief

Reply Brief

Thanks to Rex Stevens for passing these links along to me.

                       

Victoria Pynchon

Attorney-mediator Victoria Pynchon is a panelist with ADR Services, Inc. Ms. Pynchon was awarded her LL.M Degree in Dispute Resolution from the Straus Institute in May of 2006, after 25 years of complex commercial litigation practice, with sub-specialties in intellectual property, securities fraud, antitrust, insurance coverage, consumer class actions and all… MORE >