Wal-Mart Stores, Inc. v. Dukes

Facts

Wal-Mart, the nation’s largest private employer, operated approximately 3,400 stores across the country with a workforce exceeding one million employees. The company maintained a policy that granted local managers substantial discretion over pay and promotion decisions, which were made “in a largely subjective manner.” Betty Dukes and other named plaintiffs alleged that this discretionary system resulted in discrimination against female employees, citing statistical evidence showing that women filled 70% of hourly jobs but only 33% of management positions, and that women were paid less than men in every region. The plaintiffs did not allege that Wal-Mart had an explicit policy of discrimination, but rather that the company’s strong corporate culture and lack of oversight over managers’ discretion allowed gender stereotypes to influence employment decisions. They supported their claims with statistical analyses, anecdotal evidence from approximately 120 female employees, and testimony from a sociologist who concluded that Wal-Mart’s corporate culture made it “vulnerable” to gender bias. The plaintiffs sought injunctive and declaratory relief, punitive damages, and backpay on behalf of the proposed class.