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: ACS BlogIn Landmark Discrimination Case, Wal-Mart Challenges Class Certification
Sitting en banc, the 9th U.S. Circuit Court of Appeals heard oral argument yesterday in the largest sex discrimination case in American history in Dukes v. Wal-Mart.
The issue considered by the court was 'whether to uphold a lower court ruling allowing about 2 million current and former female Wal-Mart workers to sue the firm for sexual discrimination as a group,' reports Reuters. 'The lawsuit argues that female workers were paid less and received fewer promotions at Wal-Mart than male counterparts and that the firm's corporate structure fostered this gender discrimination and made it pervasive at over 3,000 U.S. stores.'
Wal-Mart is challenging the class certification granted by the district court and previously approved 2-to-1 by the 9th Circuit. According to the San Francisco Chronicle, 'The company maintains that allowing as many as 2 million past and present female workers to claim they were harmed by Wal-Mart policy, rather than requiring each woman to prove she was wrongly denied pay or promotion, ‘takes away the rights of the defendant,' attorney Thedore Boutrous told an 11-judge panel.'
'This is not ‘Wal-Mart didn't know what was going on,'' plaintiffs' counsel Brad Seligman (pictured above with lead plaintiff Betty Dukes) told the court. 'This is conduct that was approved of and acquiesced [to] for years.'
'The Obama administration has sided with the plaintiffs,' wrote the San Jose Mercury-Sun. 'The U.S. Equal Employment Opportunity Commission filed a brief last week arguing Wal-Mart's position would keep the government from ever seeking punitive damages from companies with a pattern of discrimination and would impede the EEOC's ability to enforce discrimination laws.'
Observers expect either party to appeal to the Supreme Court upon losing before the 9th Circuit.
Full post as published by ACS Blog on March 25, 2009 (boomark / email).
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