Joseph M. Sellers, a lawyer for the plaintiffs, said he would pursue three routes: filing individual claims with the Equal Employment Opportunity Commission; slicing the giant class-action lawsuit into smaller ones that would have a better chance of advancement; and pursuing individual discrimination cases. “Instead of one case, this case will be splintered into many pieces,” he said in a call with reporters.
Wal-Mart’s lawyers disputed Mr. Sellers’s interpretation of the Supreme Court’s ruling, but the plaintiffs’ counsel had already been studying how to pursue smaller cases.
“One of the things we started a while ago doing is preparing and evaluating for a number of women filing charges with the E.E.O.C., probably individual charges, though some of them may be framed a little bit more broadly,” Mr. Sellers said in an interview. He plans to begin filing claims within one to two months, and might file up to several thousand of them, he added.