Split Ninth Circuit Affirms Women’s Class Action Against Wal-Mart
In a 2-1 ruling, the Ninth Circuit upholds a lower court class action certification for approximately 1.5 million women who worked or had worked at Wal-Mart since 1998. The class action involves allegations that the women were paid less than men in comparable positions, despite having higher performance ratings and greater seniority, and that they received fewer—and wait longer for—promotions to in-store management positions than men. Wal-Mart argued that the large size of the class would deny it due process, eliminating its ability to respond to individual claims. “Although the size of this class action is large, mere size does not render a case unmanageable,” the Court majority held. The dissenting judge pointed out that the class lacked “typicality” because the claims of the representative parties were not typical of the claims of the class.
Dukes v. Wal-Mart, Inc.