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Wal-Mart Asks U.S. Supreme Court to Overturn Class-Action Gender Discrimination Lawsuit Ruling

September 6, 2010

In recent California employment news that our Orange County employment lawyers have been following, Wal-Mart Stores, Inc. has reportedly asked the U.S. Supreme Court to overturn a lower court ruling, that would allow more than 1.5 million female employees in the company to form a class-action lawsuit against the huge retailer--that is said would become the largest class-action employment lawsuit in history.

According to the Wall Street Journal, earlier this year, the 9th U.S. Circuit Court of Appeals in San Francisco ruled 6-5, that a class of working women alleging gender discrimination could proceed in their lawsuit as a class action. The lawsuit, was filed in 2001 by six female employees, who accused Wal-Mart of discriminating against them on the basis of sex, by compensating women less than men, and neglecting to hire female employees for promotions that ultimately went to men. The lawsuit seeks monetary damages that are estimated to be in the millions.

The class action lawsuit includes all women who worked in any of the company's 3,400 domestic retail stores since 1998. Wal-Mart is arguing that the plaintiff class in this lawsuit is too big to bring together under one class action, as it is estimated to comprise over 1.5 million women, all with different issues.

In a legal brief filed on behalf of Wal-Mart, Theodore Boutrous claimed that the class-action suit is, "larger than the active-duty personnel in the Army, Navy, Air Force, and Coast Guard combined," which Boutrous claimed would make this, "the largest employment class action employment action in history by several orders of magnitude." A co-counsel for the plaintiffs claimed that only the size of the case is unusual, and that is because it is a product of the size of Wal-Mart, and the scope of the documented and detected sex discrimination.

Earlier this year, our Riverside Employment Attorneys discussed another Wal-Mart gender discrimination issue in a blog, where Wal-Mart agreed to pay more than $11.7 million to settle a class action lawsuit, after female applicants were denied job opportunities based on their gender, and not their skills or qualifications.

If you or someone you know has been discriminated against based on gender, or has been subjected to violations in the workplace in Orange County and throughout Southern California, contact our attorneys at Howard Law, PC today.

Wal-Mart asks Supreme Court to Block Giant Gender Bias Lawsuit,The Christian Science Monitor, August 25, 2010

Wal-Mart Asks Supremes To Wade Into Sex-Discrimination Case, The Wall Street Journal, August 25, 2010

Related Web Resources:

U.S. Equal Employment Opportunity Commission, (EEOC)

Title VII of the Civil Rights Act of 1964, (EEOC)