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Dukes v. Wal-Mart Stores, Inc.

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Dukes v. Wal-Mart Stores, Inc., a sexual discrimination lawsuit, was the largest civil rights class action suit in United States history. It charged Wal-Mart with discriminating against women in promotions, pay, and job assignments in violation of Title VII of the Civil Rights Act of 1964.

In June 2003, the lawsuit began in U.S. District Court in San Francisco. The plaintiffs seek to represent 1.6 million women, including all those who work or have previously worked in a Wal-Mart store since December 26, 1998.[1] In June 2004, the federal district judge, Martin Jenkins, ruled in favor of class certification under FRCP 23(b)(2).[2] Wal-Mart appealed the decision.


Conservative commentators have criticized the lawsuit as an abuse of the class action mechanism.[3][4][5]

On December 6, 2010, the Supreme Court agreed to hear Wal-Mart's appeal as Wal-Mart v. Dukes.[6] Oral argument for the case occurred on March 29, 2011.[7][8]

On June 20, 2011, the Supreme Court ruled in Wal-Mart's favor, saying the plaintiffs did not have enough in common to constitute a class.[9][10] The court ruled unanimously that because of the variability of plaintiffs' circumstances, the class action could not proceed as comprised and 5-4 that it could not proceed as any kind of class action suit.[11]

See also

References

  1. ^ Wal-Mart Stores, Inc. Form 10-Q for the Quarterly Period Ended October 31, 2005
  2. ^ [1]
  3. ^ Moller, Mark (Summer 2007). "The Anti- Constitutional Culture of Class Action Law" (PDF). Regulation. pp. 50–58. Retrieved 2009-03-12.
  4. ^ Dreiband, Eric S. (January 7, 2006). "Willie Sutton Was a Piker". Wall Street Journal. Retrieved 2009-03-12.
  5. ^ Article | These actions have no class
  6. ^ [2]
  7. ^ [3]
  8. ^ [4]
  9. ^ SCOTUS decision, June 20, 2011
  10. ^ http://blogs.forbes.com/danielfisher/2011/06/20/supreme-court-dumps-wal-mart-sex-discrimination-class-action/
  11. ^ http://www.salon.com/news/feature/2011/06/20/supreme_court_sides_with_wal_mart/
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