Biggest Discrimination Suit in History?
The largest (potentially) employment discrimination case in world history is headed to the Supreme Court.
Basic Facts
The case started in 2001 when a greeter named Betty Dukes and a handful of other female employees complained that they were paid and promoted less than males. Among other things, they contended that women make up more than 70% of Wal-Mart’s hourly workforce but less than a third of store management and that the company’s “strong, centralized structure fosters or facilitates gender stereotyping and discrimination.”
Many of the facts have been hotly disputed. For example, Wal-Mart claims that a company-sponsored study showed that there is no statistically significant pay disparity between women and men in 90% of its stores. On the other hand, the plaintiffs’ experts allege they found evidence of gender discrimination in every single Wal-Mart region.
Previous Court Rulings
In 2004, a federal district court judge sided with the plaintiffs. Wal-Mart appealed. In April, a federal court in San Francisco officially certified the case as a class-action, making it potentially the largest employment discrimination lawsuit ever. The case could include as many as a million plaintiffs seeking more than a billion dollars in back pay and punitive damages.
In addition to disputing the facts, Wal-Mart has assailed the size and scope of the suit, calling it “historic” and arguing that it would be virtually impossible to litigate in a one-size fits all manner. One spokesperson said: “We do not believe the claims alleged by the six individuals who brought this suit are representative of the experiences of our female associates.”
So far, the courts haven’t agreed. In the latest decision, the cout ruled that although “the size of this class action is large, mere size does not render a case unmanageable.”
Next Up: The Supremes
Not it’s up to the Supremes to decide what happens next. The court’s ruling could forever change the face of employment discrimination litigation. As Robin Conrad, a representative of the U.S. Chamber of Commerce, put it: “This is the big one that will set the standards for all other class actions.”