Walmart Gender Bias Class Action Can Proceed
admin | Apr 26, 2010
Think Walmart had a bad Monday?
Over 1 million women found out today that their class action lawsuit for gender discrimination is moving forward against Walmart.
The Ninth Circuit Court of Appeals in San Francisco made the ruling in a 6-5 vote. Read the opinion.
Here’s the opinion summary:
HAWKINS, Circuit Judge:
Plaintiffs allege that Wal-Mart, Inc., discriminates against
women in violation of Title VII of the Civil Rights Act of
1964. After detailed briefing and hearing, the district court
certified a class encompassing all women employed by Wal-
Mart at any time after December 26, 1998, and encompassing
all Plaintiffs’ claims for injunctive relief, declaratory relief,
and back pay, while creating a separate opt-out class encompassing
the same employees for punitive damages. We affirm We have jurisdiction under 28 U.S.C. § 1292(e).
6146 DUKES v. WAL-MART STORES
the district court’s certification of a Federal Rule of Civil Procedure
23(b)(2) class of current employees with respect to
their claims for injunctive relief, declaratory relief, and back
pay. With respect to the claims for punitive damages, we
remand so that the district court may consider whether to certify
the class under Rule 23(b)(2) or (b)(3). We also remand
with respect to the claims of putative class members who no
longer worked for Wal-Mart when the complaint was filed so
that the district court may consider whether to certify an additional
class or classes under Rule 23(b)(3).
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Filed Under: Class Actions
