Employment Law Chronicle for Virginia & the District of Columbia

Today, the Ninth Circuit certified an enormous class action against Wal-Mart Stores based on alleged gender discrimination in violation of Title VII "encompassing all women employed by Wal-Mart at any time after December 26, 1998," subject to some modifications. As set forth in the Court's decision, this employee class action targets the following:

Plaintiffs allege that women employed in Wal-Mart stores: (1) are paid less than men in comparable positions, despite having higher performance ratings and greater seniority; and (2) receive fewer—and wait longer for—promotions to in-store management positions than men. Plaintiffs contend that Wal-Mart’s strong, centralized structure fosters or facilitates gender stereotyping and discrimination, that the policies and practices underlying this discriminatory treatment are consistent throughout Wal-Mart stores, and that this discrimination is common to all women who work or have worked in Wal-Mart stores.

The complete, 137-page opinion is here: Dukes v. Wal-Mart Stores.