Wal-Mart Faces Biggest Sexual Discrimination Lawsuit in U.S. History

By Nathan Abbott

Published on February 07, 2007

A judicial panel of the Ninth Circuit Court of Appeals has upheld an earlier decision granting class status to a sexual discrimination suit against retail giant Wal-Mart. The court took no position on the plaintiff’s claims, but affirmed a lower court ruling that certified the case as a class action. The suit could include as many as 1.5 million female Wal-Mart employees.

Lead plaintiff Betty Dukes and six other women are alleging that female Wal-Mart employees are paid less than male employees with similar performance ratings and seniority, receive fewer promotions, and are forced to wait longer for those promotions.

Wal-Mart argued that each of its 3400 stores is given a great deal of freedom in its management practices and as such a class-action would not be appropriate, as situations would vary from store to store. However, the panel found that the evidence presented supports the plaintiffs’ contention that there is a nationwide pattern of discrimination. Wal-Mart’s subjective decision-making policy was noted as raising an inference of discrimination as well.

Attorneys for the retail giant have vowed to appeal the decision to a larger panel of the Ninth Circuit, and all the way to the Supreme Court if necessary.

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