DSST Business Ethics Study Guide sm

However these arguments relied on a corporatist

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However, these arguments relied on a corporatist theory found in Roman Law, according to which "a populus" can exist as a distinct legal entity. Therefore these arguments held that a community of people can join a government because they have the capacity to exercise a single will and make decisions with a single voice in the absence of sovereign authority — a notion rejected by Hobbes and later contract theorists. Dukes v. Wal-Mart Stores, Inc. is an ongoing sexual discrimination lawsuit, the largest civil rights class action suit in United States history. It charges Wal-Mart with discriminating against women in promotions, pay, and job assignments in violation of Title VII of the Civil Rights Act of 1964. The case started in 2000, when a 54-year-old Wal-Mart worker in California named Betty Dukes filed a sex discrimination claim against her employer. Dukes claims that, despite six years of hard work and excellent performance reviews, she was denied the training she needed to advance to a higher, salaried position. Wal-Mart's position is that Dukes clashed with a female Wal-Mart supervisor and was disciplined for admittedly returning late from lunch breaks. [1] In June 2001, the lawsuit began in U.S. District Court in San Francisco. The plaintiffs seek to represent 1.6 million women, including all those who work or have previously worked in a Wal-Mart store since December 26, 1998. [2] In June 2004, the federal district judge, Martin Jenkins, ruled in favor of class certification under FRCP 23b(3). Wal-Mart appealed the decision. In 2004, journalist Liza Featherstone published a book about the case, Selling Women Short: The Landmark Battle for Workers' Rights at Wal-Mart in which she contends that Wal-Mart's success is based not only on its inexpensive merchandise or its popularity but also on bad labor practices, a charge she repeated in an article about the case for The Nation . [3] Featherstone compared Dukes to Rosa Parks. [4] On February 6, 2007, a three-judge panel of the Ninth Circuit affirmed the district court's class certification. Judge Harry Pregerson wrote for the majority, which also included Judge Michael Daly Hawkins, while Judge Andrew J. Kleinfeld dissented, criticizing the majority's view of the class certification standards. [5] Wal-Mart promptly filed for a rehearing and a rehearing en banc, contending that the majority committed legal error with regard to whether the grounds for class action certification had been met.
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On December 11, 2007, the same Ninth Circuit panel withdrew its initial opinion and issued a subsequent, superseding opinion that still permitted the class certification. [6] The panel dismissed the original petition for rehearing as moot in light of its superseding opinion, on the grounds that the revised opinion addresses the legal errors claimed in the petition, although Wal-Mart was permitted to re-file its petition.
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