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Civil Procedure Keyed to Marcus
Wal-Mart Stores, Inc. v. Dukes
Citation:
564 U.S. 338 (2011)
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
The plaintiffs, current and former female employees of Wal-Mart, sought to certify a class of approximately 1.5 million women who had worked at Wal-Mart’s 3,400 stores since 1998. They alleged that the company’s strong corporate culture, combined with discretionary decision-making by local managers regarding pay and promotions, resulted in discrimination against female employees in violation of Title VII. The plaintiffs presented statistical evidence showing disparities in pay and promotions between male and female employees, anecdotal reports of discrimination from about 120 female employees, and testimony from a sociologist who conducted a “social framework analysis” concluding that Wal-Mart’s corporate culture made it vulnerable to gender bias. Wal-Mart contested the statistical evidence and denied that its policies fostered discrimination.
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7m 14s