Learn More About The Dukes v. Wal-Mart Suit

Last November, Wal-Mart Watch prepared a backgrounder outlining the structure and context of Dukes and its potential impact on the American workplace.

We have summarized the core issues, the case history and expert statements. We have also included a study of how the company has and hasn’t changed its practices and outlined company policies since the case was first presented.

With today’s ruling affirming the class action status of Dukes v. Wal-Mart, it is more important than ever to learn about this historic case.

Because the case seeks injunctive relief as well as monetary damages, a judgment in this matter would fundamentally alter the way in which Wal-Mart treats women at every level in its workplace, thereby impacting how companies treat their women employees everywhere.

  • Click here (PDF) to read the report, “Betty v. Goliath.”
  • Click here to read Wal-Mart Watch’s statement on today’s decision.

Posted by Russ Fagaly on Tuesday, February 06, 2007

COMMENTS

This case has been discussed so much and often on here and elsewhere, I personally beliefe it is best to see how it all plays out and that could be some years from now.

In reading the suit, there is merit in some instances, but not for this class action of so many people.

knowledgeable in
Tuesday, February 06 at 02:41 PM

‘there is merit in some instances, but not for this class action of so many people. ‘

ARE you ‘knowledgeable in’ LAW ????

Or is that just YOUR personal opinion?

Bob in Hazlet, NJ
Tuesday, February 06 at 03:07 PM

To all the Wal-Mart lovers......I see your favorite company has made the mark of having the NATION’S LARGEST class-action lawsuit filied against them.  Maybe you all can get together and cry for the company as you think everyone is after them. I should think that you people would have sense enough to follow how many times Wal-Mart has been sued for the same thing, and lost and had to pay, and they continue to do the same thing. People...wake up...especially BOOB that goes to Wal-Mart and hugs the lightpoles and bows as he goes in as it is his holy sacred place, and the highlight of his day to enter Wal-Mart.

Bill in
Tuesday, February 06 at 03:44 PM

Bill in

Wal-Mart is subject to the largest class action lawsuit because they are the nation’s largest company. They employ more than 1.3 million Americans. This includes 150,000 Hispanics, 225,000 African Americans, 36,000 Asians, 16,000 Native Americans. 815,000 employees are women and 235,000 are seniors. This company obviously takes diversity seriously.

Wal-Mart is America’s largest

-Employer
-Buyer of Electricity
-Private Truck Fleet Owner
-Real Estate Developer
-Buyer of US goods and services

In this country, one equation always holds true:

Success + Visibility + Size + Non-Union=Lawsuits.

What we should have to do in this country is force each and every person to PROVE they were discriminated against. You should not be able to join in on a lawsuit simply because you share a characterisitic of the person filing the suit.

Lawyers and their less than intelligent clients are one of the reasons why good jobs leave this country.

EllisW in
Tuesday, February 06 at 06:19 PM

Hey EllisW in

I work for them and can tell you that you left out some very important stuff such as

they are also number 1 in associates with out insurance
number 1 in stereotyping
number 1 in harrassing there associates
number 1 in abusing there associates
number 1 in cursing there associates
number 1 in condoning the above
number 1 in poor pay
number 1 in lying to their associates
number 1 in telling their mid level managers to lie
number 1 in threats to their associates
number 1 in lack of qualified, educated management. (they have cooks and english teachers as Market managers that cant spell or read)
..........the list goes on and on,
they dont really care, if found guilty, they just pay the fine or tie it up in court and take even more money from their associates.
Have a nice day, and this is not open for discussion with you and not intended as any disrespect to you.

walmart Associate in Ar USA
Tuesday, February 06 at 06:40 PM

EllisW,

“Have a nice day, and this is not open for discussion with you”

Don’t you just love it, “I am right and won’t listen to anything else you have to say”, sounds like this person is very open minded, EH!! 

“number 1 in harrassing there associates
number 1 in abusing there associates
number 1 in cursing there associates”

“ managers that cant spell”

Kind of the pot, calling the kettle black, wouldn’t you say!!!

Bill,

“People...wake up...especially BOOB that goes to Wal-Mart and hugs the lightpoles and bows as he goes in as it is his holy sacred place, and the highlight of his day to enter Wal-Mart.”

As I have said before, I could care less if Wal-Mart closed it’s doors tomorrow, I just talk about Wal-Mart, because that is what this site is about and others get upset if you talk about other stores in retail, unless you are praising Costco.  The people who need to wake up, are the ones that want to attack success.  If it were to get to the point where nobody wants to invest in business here anymore because of the attacks and lawsuits it will face, what is going to happen to the job situation?  But, maybe then they just might ALL move overseas and ship back to the U.S., I’ll bet you would love to see that happen, wouldn’t you?  There is an old saying, “Be careful what you ask for, you just might get it” and you might not like it!!!

Bob in
Tuesday, February 06 at 08:10 PM

Bob in Hazlett

To answer your post and it is yes to both.  I am quite knowledgeable in law, even more so than many lawyers, yet I am not an attorney.  How do you think I “out-smarted” a couple of lawyers for WM??

As to an indepth study and knowledge of the intricacies of class action suits.  Then, no, for I don’t wish to spend the hours necessary to study this suit.  And I will say I don’t think anyone on here has that knowledge.  Though “Someone” has a good grasp of it. I do have a copy of the suit, hundreds of pages (boring reading)

You have to remeber that lawyers love these class action suits.  In fact this same law firm is representing the Costco
employees ---I wonder why????? Surely not for money!!

Do you honestly believe this many women were really discriminated against.???  The axiom in law is go after those with deep pockets.  Especially those with deep, deep pockets

knowledgeable in
Tuesday, February 06 at 08:29 PM

I hope all you pro and anti Wal-Mart will read this for what it is not like the other post this pertains to this blog

This happen in the Store I work in last year.

Open position of Department Manager for Hardware it was twice given to a male.

A woman who works in Hardware who was running the Department she was a associate,but did the work until they hired someone, she is a license electrician has re-hab three house also paints and is knowable about colors,the reason she worked at Wal-Mart she was on leave and work there part time. When the open position for Department Manager came open she that maybe she would do this so it would give her more time for re-habbing since at that time it was a 7-4 mon-fri and off week ends When the position came up she applied twice both times did not get it.

First time the Store Manager gave it to a man that was Department Manager of frozen foods wanted a change, the second time he gave it to a man from the other Store he transfered from who own a Restaurant in that town until he went under he was an unloader at that Store

Beenthere in
Tuesday, February 06 at 11:55 PM

Beenthere-

Once, while I worked for the company, a support manager position came open at my store. Most of the people who applied were men, and one was exceptionally well-qualified. Instead of choosing him, they gave it to a woman who was department manager over toys. This stands as proof that Wal-Mart discriminates against men.

Someone in USA
Wednesday, February 07 at 02:17 AM

EllisW in.........So I see you condone Wal-Mart’s actions to discriminate against people. One person that is discriminated against is too much. Size of the company should not have anything to do with the equation.  All that the size of the company is showing is that the problem is more wide-spread and should be dealt with with harsh measures through the Federal Courts.

Bill in
Wednesday, February 07 at 02:40 AM

It will still be many years before this is ever decided and then Wal Mart will appeal to the Supreme Court bringing the old checkbook along which will certainly appeal to the Republican judges.

In the meantime, Wal Mart knows they can get away with anything and NEVER have to suffer the consequences. 

NO other business on the face of this earth can get away with what they do.

America is just too dumb to realize Wal Mart and their Republican friends are destroying this country. 

If the people in this country really cared about all this corruption, they would stop supporting it. 

Each and every day Wal Mart is allowed to stay in business tells me that America likes corruption and likes replacing their LIVING WAGE jobs WITH low wage DEAD END jobs.

Alfred P. Schilling in Portland, OR
Wednesday, February 07 at 05:48 AM

Alfred, then I guess there AT LEAST 130 Million really DUMB americans since they shop at Walmart every week and continue to support it.  But then again maybe your views are false, jaded and suffer from deep seeded animosity towards something that is such a great success yet you are not part of it.

Mark in
Wednesday, February 07 at 06:20 AM

walmart associate in ar usa,
with the long list of the bad things that you listed above about walmart, you forgot the most important thing.

Those large machine guns that they guard us with, and, dont forget the leather whips.

walmart provides me with health insurance for less than $500.00 a year, so, If they use that machine gun on me i will be able to go get the hospital care i need. also with the sick pay walmart provides at no cost to me, i will get my pay while i recover.

It’s hard to understand how some people can only see, and, find bad in almost everything.

Everyone have a great week.

another walmart associate in ar in rogers, ar
Wednesday, February 07 at 07:22 AM

where can i sign up for this law suite

terri in smyrna tn
Wednesday, February 07 at 09:55 AM

Terri in Smyrna-
This appears to be the website for signing up on this-

http://www.walmartclass.com/public_home.html

It has a few pages to check out and has phone numbers to the court approved law firms involved-

SanDiegoView in
Wednesday, February 07 at 11:00 AM

THE FOLLOWING MATERIAL APPEARS AT-
http://www.walmartclass.com/public_btmf.html

We have recently learned that lawyers NOT associated with this case have been contacting women and offering to represent them in this case.  They are offering to assist women in submitting “paperwork” and are sending them retainer agreements to sign in which the class member agrees to pay the law firm for their services.  These lawyers do NOT work on the case and have not been approved by the Court to act on behalf of the class.

The only law firms that have worked on this case and have been approved by the court to serve as class counsel are:

o The Impact Fund
o Cohen, Milstein, Hausfeld & Toll, P.L.L.C
o Davis, Cowell & Bowe
o Equal Rights Advocates
o Tinkler & Firth
o Merit Bennett, P.C.
· Public Justice Center

The class action covers two kinds of gender discrimination claims arising since 1999: 1) discrimination in pay for any retail store position; and 2) failure to promote into salaried management positions (management trainee and above).  Claims for failure to promote into department head positions are not covered.

· Women do not need to have their own lawyer to participate in this case.

· The lawyers listed above are known as “Class Counsel” and will represent your interests in this case.  You will not have to pay them directly.  If Class Counsel is successful in the class action, they will ask the court to have Wal-Mart pay their fees or award a percentage of the entire class fund.

· At this time, there is NO paperwork to be filled out in this case.

· You have the right to hire your own separate lawyer to represent you in this case but you may be responsible for paying them yourself.  If you have claims against Wal-Mart other than discrimination in pay and promotion, you may want to hire your own lawyer to file a separate lawsuit.  Those claims cannot be tried as part of the class action.

If you have any questions about this alert or have already signed an agreement with a law firm that is not listed above, you may contact Sarah Varela at 510-845-3473 extension 303.

http://www.walmartclass.com/public_btmf.html

SanDiegoView in
Wednesday, February 07 at 12:23 PM

Ellis wrote: <i>”...they are the nation’s largest company.”

If ‘largest’ means most sales and/or profit, I’m afraid Wal-Mart has slipped to number two.

Ken V in Texas
Wednesday, February 07 at 02:37 PM

Yes I shop WalMart only because they have driven so many retailers out of business there is very little choice left as to where to shop. Do I condone the way WalMart treats me as a customer, NO. Do I condone the way WalMart treats their employees, NO. Would I work for WalMart, NO. What is wrong with the WalMart employees? Do they not realize they have every right to vote to be organized and represented by a union? If they were to go union, it would not eliminate all their problems, but it would sure help them to get a better wage and working conditions along with better benifits. Have you ever confronted a WalMart employee who claims to be an assistant manager? Everyone of them that I have ever spoken with has an attitude. Just another young smart-ass, that thinks because he went to college he can lie to and walk on whoever gets in his way to the top. I am sure I will hear from some Republican with a portfolio full of WM stock.

Retired Teamster in Kerrville, TX
Wednesday, February 07 at 02:58 PM

The store I worked in didn’t discriminate when it came to promoting females to Department heads.  What they did do and I was an example of it was pay the male associate more.  What do I have to back that up with?

My brother in law and I were hired the same exact day, went through our orientation together and everything.  He started out as a cart pusher and I started out as a 3rd shift stocker.  After about 1 year, he was a cart pusher still and I was promoted to Department manager of toys.  Please tell me why he only mad 10 cents less than I did?

If that isn’t discrimination against females I don’t know what is.

Former walmart employee in SC
Wednesday, February 07 at 03:38 PM

Here is the deal.

This is not about, America, the American way, people etc. This is about 1 thing - money. It is about lawyers wanting money, it is about people wanting money, it is about Wal-Mart wanting to continue making obscene amounts of money. It is also about consumers NOT wanting to spend money. If they did, they would not shop at Wal-Mart, and Wal-Mart would be forced to improve their image.

As long as everyone in this country allows their personal greed (and this applies to ALL parties involved) rule over common sense, we will continue having the Wal-Marts of the world (multi-national corporations) control everything.

I feel sorry for the working folks that are unable to afford health care, but then again, health care has also been ruined by greed. Think about it. I used to work for a health insurance company. The president of the region was talking about buying his new Aston Martin - not his new Honda.

Everyone is the problem, Wal-Mart is just a big target, but it is just one of many to blame for this whole mess.

If you want to stop the Wal-Marts of the world - look in the mirror! Don’t call the Lawyer.

Anonymous in Arizona
Wednesday, February 07 at 03:51 PM

Walmart corporation is in the news again-being sued by female associates, a class action suite for wage discrimtory practices here’s more information about walmart that might be of interest to you and the public. Walmart recently has imposed salary caps on associates. This mainly effects the associates that have ten to twenty or more years with the company.  We were told by management that we would not receive another raise,by the company, for me a walmart associate that means I will have to work several more years until retirement age with no financial adjustments for standard of living costs , no matter what my job perfromance is how ever we did receive a[as they listed it on our payroll stubs] a discreed bonus, a sum of monies with the stipulation [thats it ] unless in the future they deem it feasible to give us additional funds .this is the mentality that they are using to curb company costs shortly before this policy was inacted assistant managers salaries were increased company wide from starting salaries anually from 30,000 dollar bracket to around 42,000 dollar anually higher management personel , storemgr,distmgr, regionalmgrs, may be salary capped but they still get huge bonuses yearly, this includes our C.E.O.
What do you think ? What do you think the public will think ? You could contact walmarts home office about this info maybe they will talk to you. [you think ?]

Nikki in Birmingham,AL.
Wednesday, February 07 at 04:37 PM

I am an associate and have been for a while. Over the years I have seen discrimination against men and women. A lot of positions do become available for you to apply for. The unfortunate thing is that once that position comes available, management has already made a decision as to who they want in that position. Nine times out of ten they will inform their “buddy” once they find out from the person leaving that position by transfer, demotion( which they do a lot of if they do not like you for any reason no matter how good of a job you are doing), or leaving the company. Women put in for the position and never get interviewed for that position. This does happen to men as well. If you are not in the “buddy” system you stand no chance. Another example of discrimination is without a doubt in the way “Wally World” pays its associates. My department manager has been with the company for 28 years. She started when the company actually cared for its associates. There are associates at our store who are dept. managers who if you were to combine their time with the company still would not equal her time. They have not been there as long as I have. These individuals make two to three $’s more an hour than her. She has repeatedly set up meetings with management, not just at store level, and has been shot down every time. The only reason she stays there is to take care of her very ill daughter and to help with her grandchildren. Her husband can’t work because he is legally blind. This is a true testament of somebody who will do anything for their family. This company has turned away from the visions and dreams that Sam Walton had for his company. Managers have threatened associates with being written up for doing things such as changing shelf settups by pulling labels, or putting merchandise where it does not belong, just to make themselves look good. However these actions make it difficult for customers to find some of the things they are looking for. Wal-Mart as a whole does discriminate against its associates. They have an open door policy but it does not work. If you try to explain some of your concerns to management, don’t be surprised if they walk off in mid-sentence. This company should be held accountable for its actions toward their its associates. Trust me, I will be writing again. I have a lot more from where this has come from. Thank you.

Associate in Franklin,TN in
Wednesday, February 07 at 09:56 PM

Associate in Franklin,TN-

Women put in for the position and never get interviewed for that position. This does happen to men as well.

I take this to mean that you do not believe that gender discrimination occurs at Wal-Mart. Rather you believe that there is a lot of favoritism.

I would agree with that assessment.

Someone in USA
Thursday, February 08 at 12:57 AM

Guess what?  The discrimination does not stop there.  We have approx. 500 associates and less than 20 African Americans.  And 2 assistant 1 male and 1 female African Amerians. The female has been treated so unfairly that upper management is just about to run her off.  Respect for the Individual does’t pertain to associates.  If you are a lawyer you would be dumb not to get in on the Duke case.  Just by being a big company you should be the first one to treat everyone fairly and you wouldn’t get yourself in this situation.

associate in VICTORIA, TX
Thursday, February 08 at 10:00 PM

knowledgeable wrote: “...I don’t wish to spend the hours necessary to study this suit.”

Then I recommend you avoid generalizing and trivializing.

knowledgeable also wrote:Do you honestly believe this many women were really discriminated against.???

If the discrimination is systemic, yes, which is what this suit alleges, and apparently several district judges feel, not only does the case have merit, but deserves class-action status.

Ken V in Texas
Friday, February 09 at 05:23 AM

I have friends who work in several different Walmarts. They have experienced the same things. If you’re not one of managements “pets”, you get nowhere. I know of several associates who got lead positions thru the “buddy system”. management will tell their “pets” about a position before it is available. And surprise, surprise the “pets” all get the promotions.

not a pet in southern us
Friday, February 09 at 08:43 AM

so i am not the only one to be stabbed abused and used and so glad to see so many speaking up we need our dignity
back and we need to stand together and fight this gaint negative beast

terri in smyrna tn
Saturday, February 10 at 03:03 PM

An idea that we have come up with to inform the public about Walmart is by using small business size cards dropped throughout the store.  These cards are filled with different facts about Walmart in quick, one-sentence lines.  These cards are quick to read, which means that if a shopper merely glances at the card then they’ll get the idea of what the card is saying.  You can leave as many cards throughout the store as you like because they are small and nobody notices what you are doing.  You can continue to drop these cards off as many times as you would like to visit Walmart.  You don’t necessarily have to buy anything while you’re there, but it can help.  Try to leave the cards on shelves, frozen food sections, clothing racks or where ever a shopper will come in direct contact with it while they are shopping.  Remember, knowledge is power and you have the power to share the knowledge.

Chris in Rockford, Illinois
Tuesday, February 13 at 02:28 PM

WalMart employees we here your cries and feel your pains.
The American Labor UNION members cometh hang in there.

Bill in Jackson, Ms.
Sunday, February 18 at 10:25 PM

i worked for walmart for five years,i pulled pallets like a man,(3 to 5000,pounds)they dont care about you at all,i still have alot of pain today,all because of walmart,i hope some day that walmart pays for what they have done to alot of people,god bless them

k rhoades in tenn
Tuesday, February 20 at 08:03 AM

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