Wal-Mart Truckers Granted Class Action Status
Suit against Wal-Mart a class action [Arkansas Democrat-Gazette]
A federal judge in Little Rock on Wednesday granted class-action status to a lawsuit accusing Wal-Mart of using racially discriminatory practices in hiring over-the-road truck drivers. The class will include all black applicants living in the continental United States who were denied driving jobs since Sept. 22, 2001, and all blacks who contend they were deterred or thwarted from applying for driving jobs as a result of Wal-Mart’s policies and practices.
U.S. District Judge Bill Wilson Jr. said in a 43-page order that the group of plaintiffs - expected to number below 10,000 - can seek back pay and a declaration that Wal-Mart’s policies and practices were racially discriminatory and thereby unconstitutional.
Wilson said that if any plaintiffs want to seek punitive damages, they will have to do so in separately filed lawsuits after a trial on the class-action case.
Hank Bates of Little Rock, an attorney who twice argued for class-action status on behalf of the truckers, said Wednesday, shortly after the ruling was issued electronically, “I haven’t had the chance to read it yet, but I think we’re very pleased.”
Bates said he and other plaintiffs’ attorneys at the John W. Walker and Welch & Kitchens firms have not yet determined how many people the class might include but said it will be “in the thousands, somewhere in the single-digit thousands.”
He did not want to say how much money the lawsuit could end up costing Wal-Mart if the plaintiffs win their case and said a jury would have to determine the extent of any discrimination.
A Wal-Mart spokesman, John Simley, said, “We disagree with the district court’s decision and are considering an appeal. We believe that the case will be resolved in Wal-Mart’s favor once the merits of the case are addressed. It’s important to remember, the only question the district court decided concerned class-action status. This has nothing to do with the merits of the case or whether the allegations are true.”
The lawsuit was filed Sept. 22, 2004. The defendants are Wal-Mart Stores Inc. of Bentonville and Wal-Mart Transportation, LLC, a subsidiary. The lead plaintiffs are Daryal T. Nelson of Coldwater, Miss., and Tommy Armstrong of Woodruff County.
According to Wilson’s order, Wal-Mart’s Transportation Division includes about 8,000 drivers in 47 field offices nationwide who deliver goods to Wal-Mart stores and Sam’s Clubs across the country. Nelson and Armstrong are both black men who applied at field offices but were not hired.
Wilson’s order says that under the “uniform corporate culture” that Wal-Mart fosters, the hiring process is identical at each of its offices. He said the process ensures that potential drivers are recruited almost exclusively by"word of mouth” from current drivers and are then screened further by a committee of drivers at each transportation office who are not guided by objective selection criteria.
“While Wal-Mart policy requires each driver screening committee to be 50 percent diverse, a review of all of Wal-Mart’s regional personnel manager audits reveals that no screening committee has a majority of African Americans and that a substantial percentage of the screening committees do not have any African American representation whatsoever,” Wilson said. He added that the plaintiffs have presented evidence of “subjective factors” used by committees and “anecdotal evidence of overt racism” among committee members.
From Jan. 1, 2000, through Sept. 29, 2005, while the American Trucking Association determined that about 15 percent of the nationwide truck-driver work force was black, Wal-Mart’s force was just 4 percent to 6 percent black, Wilson noted.
He also noted that in 1999 and in 2004, Wal-Mart’s driver recruitment coordinators suggested publicizing job openings to the general trucking community, but the company made no changes.
Posted by Web Team on Thursday, May 17, 2007
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COMMENTS
’Quite honestly, we’re not satisfied with our overall performance,’’
Bob in formed
Thursday, May 17 at 11:57 AM
Blacks make up 15% of the population but 80% of the NBA and more than 50% of the NFL. I think whites should sue because they are not represented in proportion to their numbers. If whites make up 60% of the population, then the NBA, the NFL, historic black colleges and other organizations have an obligation to make sure that 60% of their members are white.
What’s fair is fair…
Nick in
Thursday, May 17 at 12:07 PM
You don’t see any black nascar drivers. Maybe they are not as skilled as drivers.
This would be an interesting study.
John in Ohio
Thursday, May 17 at 02:21 PM
Hey Nick,
You must just sit on your lazy Republican ass all day long refreshing your computer waiting for more great news to appear on this site about your employer.
When I leave for work in the morning, you are posting lies. When I get home from work you are posting your lies.
I must say you are really putting in the overtime for Wal Mart.
“The road to HELL is paved with Republicans”
Ellen in St. Louis, MO
Thursday, May 17 at 03:58 PM
Ellen
Nice personal attack, now why don’t you address my comments?
Nick in
Thursday, May 17 at 05:57 PM
Does Kmart have one of these cool websites. They are like Walmart, except they are losers.
Bob in Ohio
Thursday, May 17 at 06:07 PM
Ellen,
“When I leave for work in the morning, you are posting lies. When I get home from work you are posting your lies.”
Do you work for the DNC, UAW, UFCW, SEIU or AFL-CIO?
If Nick is posting lies, why don’t you tell us what they are and what the ‘real’ truth is?
Bob in
Thursday, May 17 at 09:30 PM
Better be careful with this class action suit.
Lee Scott sits on the board of the black Negro College Fund.
Wal-Mart might not send anymore to school to learn how to drive the new hybrid rigs.
The Sage in
Thursday, May 17 at 11:59 PM
This is an example of a change that has taken place over the last few years.
Not too far back, if you had a problem with Wal-Mart, you scoured the landscape in search of an attorney with the cajones to take on Bentonville’s battalion of lawyers. Individual guppies nibbling at Wal-Mart’s deep pockets.
Nowadays, however, the tendency is toward class action, led by the Mother of all class actions, Dukes! 1.3 million guppies diving into the Beast’s pockets!
There is dancing in the Anti Wal-Mart bunker!
Ken V in Texas
Friday, May 18 at 04:04 AM
To Bob in Ohio,
K Mart is hardly a loser. Wal Mart does 7 x the sales, but look at all their problems.
Stock is worth nearly 4 x what Wal Mart
Stock is worth nearly 3 x what Target, yet their yearly sales total are almost similar.
It’s stock keeps rising, not dropping like Wal Mart
No huge Class Action lawsuits like Wal Mart
No Anti K Mart sites, like Wal Mart
Clean, sparkling stores, unlike Wal Mart’s filth pots.
No black clouds constantly collecting on a daily basis as Wal Mart.
It appears that Wal Mart is the real loser.
As all those black clouds really do affect their stock and you Wal Mart apologists cannot do a thing about it.
Wal Mart stock is equivelent to the TITANTIC
Lois in Chicago, IL
Friday, May 18 at 08:48 AM
Lois,
“Stock is worth nearly 4 x what Wal Mart....Stock is worth nearly 3 x what Target, yet their yearly sales total are almost similar”
What is K-Mart’s stock symbol? K-Mart went bankrupt, their shares are worth NOTHING!! K-Mart purchased SEARS and it is SEARS that is making ‘Sears Holding’ stock rise. A K-Mart parking lot is almost empty on any given day, while Wal-Mart and Target’s lots are overflowing!!
“No Anti K Mart sites, like Wal Mart”
That’s because they aren’t big enough to be in the spotlight, like Wal-Mart is!!
Bob in
Friday, May 18 at 10:32 AM
Bob - Those “empty” partking lots sure to bring in the $$. Investors sure have confidence in those empty parking lots.
Why aren’t these investors putting money into Wal Mart’s full parking lots full of crap?
5-18-07 - 178.95 +0.27 +0.15%
Sears Holdings Corporation - the publicly traded (NASDAQ: SHLD) parent of Kmart and Sears, Roebuck and Co.,
Sears Holdings is the parent company of Kmart and Sears, Roebuck and Co. and has 3,800 full-line and specialty retail stores across the United States and Canada. We are the nation’s third largest broadline retailer with more than 350,000 associates and $55B in annual revenue.
Eddie in Pittsburgh, PA
Friday, May 18 at 10:55 AM
What I think should be addressed here are the
discriminatory practices of Wal-Mart itself.
This is a reflection of the policies handed down
from home office against blacks, women, and
minorities in general.
If Bentonville can not get it’s own act together,
let’s start restructuring from the top down.
Rob in Surfside Beach, SC
Friday, May 18 at 11:19 AM
Walmart took Kmart’s idea and were successful.
Kmart stagnated.
Bob in Ohio
Friday, May 18 at 11:30 AM
Sears Holdings is nothing more than a Hedge Fund hiding behind the Sears name. Read up on Eddie Lampert, the fund manager who runs ELP Investments and controls Sears, K-Mart and Auto Zone. He is a brilliant guy but his interest is capital, not store operations. He is using Sears/K-Mart in much the same way Warren Buffett used Berkshire Hathaway and his insurance operations-as a source of cash flow with which to invest in other companies. There is nothing wrong with this, per se, except that Lampert wants to cash flow NOW. You can’t grow a business long-term if you drain its cash.
As I have stated before, Wal-Mart’s sales, profits & market cap are larger than the combined sales, profits & market cap of Target, Costco, Sears Holdings, Kroger, Safeway & SuperValu. FACT. Look it up.
Nick in
Friday, May 18 at 11:47 AM
Eddie,
“Bob - Those “empty” partking lots sure to bring in the $$.”
It’s not K-Mart that is bringing in all those$$$, it is the other businesses that Sears Holdings owns that are doing that. Most of the money made off K-Mart has been from selling off K-Mart real estate!!
Bob in
Friday, May 18 at 11:50 PM
Walmart owns a fortune in real estate.
Bob in Ohio
Saturday, May 19 at 12:33 AM
Bob in Ohio,
“Walmart owns a fortune in real estate.”
But, they don’t have to sell it off, to show a profit, like K-Mart does!! Like Woolworths and Mongomery Ward, within the near future, K-Mart will no longer exist!!
Bob in
Saturday, May 19 at 08:58 AM
But, they don’t have to sell it off, to show a profit...
I’ve still never gotten a satisfactory explanation as to how Wal-Mart can do that with 300 plus “dark” stores hanging around their neck like an economic albatross.
Ken V in Texas
Sunday, May 20 at 05:38 AM
Stores-Distribution Centers and other real estate/buildings
“Wal-Mart has 390 empty stores on the market today. This is a company that has changed stores as casually as you and I change shoes.”
- Al Norman, Sprawl-Busters
Criticized for deserting stores that under-perform, Wal-Mart has left behind more than 25 million square feet of unoccupied space across the country (May, 2000). The company claims it tries to sell these properties, but the only potential buyers are other big retailers, and Wal-Mart will not sell real estate to its competitors. In one Kentucky town, an empty Wal-Mart was torn down at the taxpayers’ expense.
http://www.pbs.org/itvs/storewars/stores3_2.html
2005-03-05
Bentonville, AR. Wal-Mart Has 356 “Dark Stores” Available for Sale or Lease
31% of their empty stores (110) are over 100,000 s.f.
* 31% of their empty stores have been on the market 3 years or longer.
* A total of 41 states have dead Wal-Mart stores.
* The top eleven states with dead stores are:
Texas, 38
Georgia, 28
Tennessee, 20
Arkansas, 19
North Carolina, 17
Louisiana, 16
Oklahoma, 14
Missouri, 14
Mississippi, 13
Michigan, 12
Alabama, 12
http://www.sprawl-busters.com/search.php?readstory=1757
“...and Wal-Mart will not sell real estate to its competitors.”
WalMart- We are afraid of Costco and others that have responsible business models.
SanDiegoView in
Sunday, May 20 at 09:18 AM
SanDiegoView
Nice article, but you failed to mention the one thing all those “top 11 states with dead stores” have in common:
Walmart opened their very first stores in those states as long ago as 40 years back.
As a commerical real estate professional, I dont think Walmart, or any retail establishment would want those locations, today.
Joe
Joe A. in Wall, NJ
Sunday, May 20 at 12:57 PM
As a commerical real estate professional, I dont think Walmart, or any retail establishment would want those locations, today.
And that is why they call Wal-Mart’s business model retail strip mining!
Ken V in Texas
Sunday, May 20 at 06:22 PM
Nice article, but you failed to mention the one thing all those “top 11 states with dead stores” have in common:
Joe A. in Wall, NJ
My immediate thought was that 10 out of 11 were located in the south, where WalMart claims to have its greatest cultural strenght. So WalMart cannot sustain as a community business model over time even in its home turf cultural territory.
WalMart- We are cultural and social frauds with a ruthless manner towards employees that even southerners can understand.
SanDiegoView in
Monday, May 21 at 08:27 AM
First off the one hybird truck is one of many, Wal-Mart plans to have all the their trucks hybird and if the tech. comes hydrogen by 2012.
Second people saying Wal-Marts stock is not worth as much as Target and other companies. Do you not know anything about stocks. Wal-Mart unlike all the other companies has had many spits(if you own one share for 100 dollars they do a split you have 2 shares for 50 dollars) that why the price looks lower per share but so many more shares. Wal-Mart has a higher A/S than almost any comapany not just retail, look at the total market cap, and share flot and compare the total shares of Wal-Mart to other retailers.
Purma in Rogers, Ar
Monday, May 21 at 10:26 AM
QUOTED
What I think should be addressed here are the
discriminatory practices of Wal-Mart itself.
This is a reflection of the policies handed down
from home office against blacks, women, and
minorities in general.
If Bentonville can not get it’s own act together,
let’s start restructuring from the top down.
Rob in Surfside Beach, SC
If you want to talk about Wal-Mart discrimating against people at the home office. The home office put a hiring freeze on white people to get more minorities. That is wrong but not on headline national news because it was just discrimating against white people.
Wal-Mart is not racist to anybody, but there is not alot of minorites that live here in NWA so not that many apply. But wait lets sue the Benton County Goverment(Bentonville Ar) for not haveing as many minorites live here than whites. LOL
Purma in Rogers, Ar
Monday, May 21 at 10:34 AM
SanDiegoView
You misunderstood me. What I was trying to say that those were very old stores that were probably replaced with newer facilities with more square footage.
Up here, we still have a few dead Jamesway stores we are trying to unload. The problem is that those stores like the old Walmarts down south are way too small for any 21st century discount retail store.
Hope I got it straight.
Joey
Joe A. in Wall, NJ
Monday, May 21 at 11:50 AM
I understood you perfectly, Joey. Basically we’re saying the same thing and although your description is somewhat softer than mine, the result is the same.
Wal-Mart builds, strips off the low-end retail, relentlessly squeezing the annual operating budget until the store becomes ‘unshoppable’ and goes dark. A few miles down the road the process begins again.
...are way too small for any 21st century discount retail store.
Perhaps you missed this fact posted earlier by SDV:
31% of their empty stores (110) are over 100,000 s.f.
I’d be interested in your speculation as to what sort of tax setup Bentonville must have to allow 10% of their stores to stand fallow without hurting the bottom line?
Ken V in Texas
Tuesday, May 22 at 10:54 AM
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