Walmart Faces Sex Discrimination Suit

This is a RUSH transcript from "The O'Reilly Factor," April 27, 2010. This copy may not be in its final form and may be updated.

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LAURA INGRAHAM, GUEST HOST: Part two of our "Is It Legal?" segment tonight. We're going to begin with the Ninth Circuit Court of Appeals clearing the way for a massive class action lawsuit against Wal-Mart. Some female employees are accusing the retailer of paying men more money and promoting them more often.

We're rejoined by Fox attorneys and Fox News analysts Lis Wiehl and Kimberly Guilfoyle, both in New York. Now, we've got to leave time for the Lindsay Lohan story.

LIS WIEHL, FOX NEWS LEGAL ANALYST: Yes, I want to get to that.

INGRAHAM: We've got to get through this Wal-Mart issue. Now, Lis, let's start with you. The Ninth Circuit, the most judicially liberal court of appeals in the United States…

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WIEHL: Yes. Most reversed.

INGRAHAM: Yes, 6 to 5 on the panel rules this suit can go forward. Didn't comment on the merits of the suit but that the class is actually valid. Tell us about this story. It goes back to 1998.

WIEHL: Right. It was six women in different Wal-Marts who sued, saying, "Look, we're discriminated against, but we're suing, not just for the six of us. We're suing for the 1.5 million female employees that go back to 2000." And the court in the 6 to 5, as you said, is the most liberal court in the country, ruled in this very divided opinion that the case could go forward and that these six women could really represent such a large class. And that's where I think that we're going to have a problem with this. The Supreme Court is going to have a problem with this because you're talking about one of the biggest corporations in the country, six women representing 1.5 in 8,000 different stores worldwide? That's a tough class to make.

INGRAHAM: Yes. I think it's now the biggest retailer in the world, Wal-Mart.

WIEHL: Right.

INGRAHAM: And Kimberly, when you think about this, right? It's six women, and it's Wal-Mart. If it were six women and it was Google, you just wonder. Google based in, you know, out in the left coast and Wal-Mart represents kind of Middle America, you know. A lot of these people, these elites, don't like Wal-Mart. It just smacks of something that doesn't seem quite fair to me.

KIMBERLY GUILFOYLE, FOX NEWS LEGAL ANALYST: Yes. Well, I mean, look, these women, they have a good case, it appears. The court didn't rule on the merits. But, again, coming from the left coast and having dealt with the Ninth Circuit, it was pretty compelling that they've made it on a 6-5 ruling because that shows that this was kind of a tough issue for them that perhaps they think it might be a little bit overreaching, overbroad to say that six women shouldn't represent that many Wal-Mart employees. Wal-Mart is in big trouble, because you are talking about a substantial amount in damages if this case goes forward.


GUILFOYLE: And it is the biggest corporation that anyone can really think of when you associate Wal-Mart…

INGRAHAM: Do you think they're going to settle, Kimberly?

GUILFOYLE: They'd better settle.

INGRAHAM: Lis, do you think they're going to settle this before going any further?

WIEHL: They're looking at billions of dollars of loss here, so they've got to settle. The PR issues...

GUILFOYLE: The floodgates against every major American corporation is going to be open now. This opens the door to trial lawyers to come feeding on the next prey.

WIEHL: Trial lawyers feed on prey? I never thought of that.

GUILFOYLE: Out of control damages.

INGRAHAM: This is why nobody likes trial lawyers, OK. We've got to move on though. We've got — we have important issues to hit, like this Lindsay Lohan, OK? People see Lindsay Lohan, I guess she's in these celebrity shows and magazines. She's all over the place. And her father has concluded that she cannot take care of her own affairs. She has an addiction problem, according to him. He wants her estate to give him conservatorship of her affairs. Now, Lis, how easy is this to do? First of all, we saw it happen with Britney Spears.

WIEHL: Right. Very difficult. You're talking about a 23-year-old here. So she's of age, Lindsay Lohan. And you're talking about not such the best role model in the world. The father, Michael, has already been in and out of rehab by himself. Now he said he's all concerned. He wants the money. I think even if he were able to prove, which he sent the cops over to Lindsay's house and her sister's house, and they found no abuse. Even if he were able to approve abuse or anything like that, the court would step in and say, "OK, we'll put Lindsay's money in somebody else's hand, Michael, not yours. Somebody who doesn't have an addiction problem himself."

GUILFOYLE: Yes. They may appoint someone else as conservator. But really, shouldn't someone intervene? I mean, the mom has been in charge somewhat with Lindsay. No one's able to...

INGRAHAM: Enabler.

GUILFOYLE: Yes, and now, the little sister getting the same tattoos that Lindsay has. She's got $600,000 credit card debt. She just got kicked off another movie. Hello. Just submit the case by clicking on, and there's a wealth of evidence to suggest she's out of control.

WIEHL: But the dad is no better.

INGRAHAM: It has to be a family member, does it not, Lis, to even go down this road of conservatorship? Do you have to be a primary family member to do this?

WIEHL: If there is a family member that's responsible enough. Otherwise, the court can step in and sort of look at guardian ad litem thing. The problem, of course, is again, she is — she is an adult. So how do you step in unless you can really show she's completely out of control?

INGRAHAM: And he's not exactly Ward Cleaver. I mean, like father like daughter.

GUILFOYLE: He's six years sober.

INGRAHAM: She's a very talented young woman. It's a very sad issue. We hope she gets help if she needs it.

GUILFOYLE: We sure do.

INGRAHAM: And one other. And this video is like many videos that end up on television. It's just kind of sad, and I guess some people find it funny. But I think this is the YouTube "you boob" moment of the day, OK? Because a teacher — this teacher actually decides to approach a student, a 15-year-old named Sam Rubio, and he says, "Hey, let's go into the bathroom and box." Lis, the teacher. I think he taught, like, middle school.

WIEHL: Ninth grade.

INGRAHAM: Ninth grade. He's now resigned his position. A liability here? Could there be liability here?

WIEHL: Absolutely. Especially, Laura, because this wasn't the first time. This was actually the third boy that he had gone boxing in the restroom with. So wouldn't the school have been on notice after the first two times that, you know, something is a little weird here where, you know, he's taking a 14-year-old into the restroom and boxing with him?

GUILFOYLE: Yes, it's very odd and it's inappropriate. I mean, whatever happened to going and getting an education? I mean, what's wrong with this dumb-dumb.

INGRAHAM: ... the teacher.

GUILFOYLE: Want to go fight and let's hide? He knows he's doing something wrong. That's why he goes into the bathroom.

WIEHL: Right. And the kids don't really have a choice. What are they going to do? Your teacher says, "Let's go in the restroom and fight." I mean...

GUILFOYLE: Yes. That teacher is going to be seen in, like, a cage fight near you. A neighborhood near you.

WIEHL: Lucky he wasn't charged with assault.

INGRAHAM: I have this — I have this crazy, crazy concept that teachers should help students master the whole subject, verb, direct object thing before they move on to boxing.

WIEHL: Yes, reading, writing, arithmetic before boxing.

INGRAHAM: Heaven forbid. It's total lunacy, ridiculous.

GUILFOYLE: Try out to be P.E. teacher, hello. What's the deal?

INGRAHAM: The teacher now needs to go into detention. All right, ladies. Great to see you.

WIEHL: With Lindsay Lohan's father.


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