The United States Supreme Court issued its much-anticipated
decision yesterday in Wal-Mart Stores, Inc. v. Dukes,
de-certifying a potential class of 1.5 million female employees and
former employees of Wal-Mart.
Background of Case
The plaintiffs allege that Wal-Mart discriminated against women
in violation of Title VII of the Civil Rights Act of 1964. They
seek injunctive and declaratory relief, punitive damages, and
backpay on behalf of a putative class of 1.5 million female
employees and former employees of Wal-Mart. The plaintiffs claim
that local Wal-Mart managers exercise their discretion over
employees' pay and promotions in a manner that benefits male
employees and has a disparate impact on female employees, and that
Wal-Mart's refusal to limit the local managers' authority
amounts to disparate treatment of female employees. The District
Court (N.D. Cal.) certified the plaintiff class, and the Court of
Appeals (9th Cir.) substantially affirmed, concluding
