Dukes, et al. v. Wal-Mart Stores, Inc.: Ninth Circuit Affirms Largest Employment Discrimination Class in History

April 4, 2008

John Beisner, Evelyn Becker, Karl Thompson

On June 21, 2004, a district court in the Northern District of California certified the largest employment discrimination class in history, consisting of approximately 1.5 million women who have been employed at Wal-Mart stores across the country since December 1998.1 Th e complaint alleges that the class members have been subjected to a company-wide pattern or practice of gender discrimination that causes women to receive lower pay and fewer promotions than men. A divided panel of the Ninth Circuit affirmed the class certification in February of 2007,2 then issued a revised opinion in December 2007 which reached the same result. Wal-Mart’s petition for rehearing en banc is currently pending....

Dukes, et al. v. Wal-Mart Stores, Inc.: Ninth Circuit Affirms Largest Employment Discrimination Class in History