This is what sometimes happens when non-lawyers read (and misunderstand) stories like this.

Ryan suggests that Wal-Mart should cooperate with the investigation. This is not an “investigation.” Investigations are conducted by law enforcement personnel or other governmental authority. What we have here is a private lawsuit against Wal-Mart and, like any litigant, it has the right to defend itself from any and all allegations.

In addition, the judges involved here (both at the trial and appellate levels) have not ruled on the merits of the claims against Wal-Mart. The only thing decided by this ruling is that the class claims have sufficient support and similarity to justify going forward with a trial. In fact, if the judges had decided Wal-Mart “did it” there would be no need for a trial at this point.

So, to sum up, Wal-Mart is still “innocent” at this point. Both sides will put on their evidence in front of a jury of their peers and those folks will decide what’s what. And, by the way, I have been on a jury and I don’t think any amount of power at Wal-Mart’s disposal, other than just hiring good lawyers, is likely to do anything to sway the jury from doing its appointed duty. Average citizens take this stuff pretty seriously and try to listen and do what’s right when called upon.

Rororo,

Many thanks for the clarification. I agree that Wal-Mart is entirely innocent at this point and if anything, the articles I’ve read so far have gotten a little ahead of that fact. My “analysis,” while apparently not so eloquent, was simply to point out that it is truly too early to tell whether or not Wal-Mart has committed acts of gender discrimination. Proving it, and isolating the evidence from sources of bias is the real challenge.

I would also argue that there is tremendous power in “hiring good lawyers” as well. I won’t name names, but think we are all familiar with many cases in which high profile people and organizations have avoided serious charges, of which they appeared to be undoubtedly guilty, by hiring the right representation. Their savings accounts do not even compare to those of the largest corporation in the world.

I reread my comment and your thoughtful response and realize that I came off as a bit of a pedantic *hole.

I just came across DTRT yesterday and I think it’s a terrific idea and I want to add positively and intelligently to the discourse and not detract from it.

So, sorry if I came across as a jerk—I think I am not in real life (although my wife sometimes cocks an eyebrow when I say that).

Cases like this are often very complex and too many people just assume “guilt” because of the way these things are reported in the papers. I am no Wal-Mart shill—I am perched way up on the fence as to whether it is a net force for good or for bad in the world. But I have a great interest in seeing that everybody, including faceless monoliths like Wal-Mart, gets a fair shake.

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~Lauren