Civil Procedure Keyed to Yeazell
Wal-Mart Stores, Inc. v. Dukes
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
Betty Dukes (P), a female low-level Wal-Mart employee at a Pittsburgh, California, store, with five other women, filed a class-action against the alleged violation of civil rights by the company. The allegation was that the company’s policies resulted in nationwide discrimination against women in their employment, as seen by lower pay for women than men in the same type of job, and longer delays before women were promoted as compared to men employees. The class certification was done by the U.S. District Court for the Northern District of California which was satisfied that the plaintiffs fulfilled the statutory requirements of Rule 23 (a)(2) and 23 (b)(2). The class had more than 1.5 million women, all of whom were women employed by Wal-Mart after December 26, 1998. Wal-Mart (D) argued that the court should require individual lawsuits from Wal-Mart employees as the size of the class made it impossible to manage and increased the costs disproportionately. The U. S. Court of Appeals, Ninth Circuit, upheld the class certification three times.
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