It’s been in the courts since 2001 and promises to be the largest class-action employment lawsuit ever filed, yet not a single argument in the actual case has been heard. Dukes v. Wal-Mart Stores was first filed by a female Wal-Mart greeter in California, along with five of her co-workers, alleging that women were paid less than, and were given few opportunities for promotion than, their male counterparts. They were seeking back pay and punitive damages against the world’s largest retailer—in the nine years since then, as Wal-Mart has attempted to have the case dismissed outright, the class-action suit has grown to over one million female past and present employees of Wal-Mart. On Monday the 9th Circuit Court of Appeals gave the green light for the case to finally begin. We look at the daunting task of fighting Wal-Mart and proving organizational gender discrimination.
Brad Seligman, executive director of the litigation public foundation Impact Fund & lead attorney in the class action gender discrimination suit Dukes v. Wal-Mart Stores
Theodore J. Boutrous Jr., partner at Gibson, Dunn & Crutcher LLP, and Walmart’s lead attorney in this case.