mr. sellars says, is we're going to have a proceeding where the district judge relies only on the records that he says are in adequate to allow it. that is not a process known to our jurisprudence. it does not comport with due process. it takes away the rights of wal- mart. it takes away the rights of individual women. >> you do not seriously contend that if the plaintiff, if the policy were found the practice of discrimination that a woman could not come in and say, "they put x in. i have a longer history at wal- mart. i had no criticisms of my work, and i was not promoted." would that not be enough for her to show that that policy influenced her lack of selection? and your personal data base has all of that information, so why is it impossible? other than because of their large numbers? it is such a different issue. >> we agree that a woman should be able to come in and say that. she may say, "well, the records do not say that. i was a much better employees than the guy working next to me." that woman would not be able to come and testify. wal-mart would not be able to say this person w

mr. sellars has made it clear, wal-mart would never have the opportunity to prove that they did not discriminate against the woman seeking back pay. the district court did not suggest that this would be difficult, the district court said that he found this would be impossible, not just because of the number of people but the nature of the claims. this discretionary decision was being implemented in a way that affect different people differently, and the problem here is that the records are not available. then he said we will have a proceeding with the district judge, only on the record that he says is inadequate. this is not a process that comports with due process and it takes away the rights of wal- mart under title 7, injuring the rights of the individual women. >> you are not content that the plaintiff, if the policy fights discrimination, the woman could not say that they put an x in. i had far superior job ratings, with no criticisms of my work, and i was not promoted. would this not be enough to show that the policy shows a lack of selection, and your personal data base has this, so why i