Jock v. Sterling Jewelers Inc.

I respectfully dissent.

This ease is the arbitration counterpart to Wal-Mart Stores, Inc. v. Dukes, 546 U.S. -, 131 S.Ct. 2541, 180 L.Ed.2d 374, 2011 WL 2437013 (June 20, 2011). As in Wal-Mart, the class action complaint filed *128by appellants in the Southern District, followed by their request for class arbitration, the subject of this proceeding, asserted a company-wide gender discrimination claim against a national employer based on a statistical study finding disparities in pay and promotions between male and female employees where the company has delegated relevant decision-making power to…