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PRESS RELEASE
***MEDIA ADVISORY***
June 22, 2004
Federal Judge Orders Wal-Mart Stores,
Inc., the Nation's Largest Private Employer, To Stand Trial for
Company-Wide Sex Discrimination Class Certification Creates Largest
Civil Rights Class Action Ever
San Francisco, CA. (June 22, 2004) - In
a decision released today, U.S. District Court Judge Martin Jenkins
ruled that six current and former Wal-Mart employees from California
may represent all female employees of Wal-Mart who worked at its
U.S. stores anytime since December 26, 1998 in a nationwide sex
discrimination class action lawsuit. Dukes v. Wal-Mart Stores, Inc.
(N.D. Cal. No C-01-2252). In certifying the case as the largest
civil rights class action ever certified against a private employer,
the Judge described the case as "historic in nature, dwarfing other
employment discrimination cases that came before it." The Judge
also noted that this case is being ruled upon in the year that marks
the 50th anniversary of the Supreme Court's decision in Brown v.
Board of Education. "This anniversary serves as a reminder of the
importance of the courts in addressing the denial of equal treatment
under the law whenever and by whomever it occurs."
The suit charges that Wal-Mart discriminates
against its female retail employees in pay and promotions. The class
in this case includes more than 1.6 million current and former female
employees of Wal-Mart retail stores in America, including Wal-Mart
discount stores, super centers, neighborhood stores, and Sam's Clubs.
"Up until now, Wal-Mart has never faced
a trial like this, "explained Brad Seligman, executive director
of The Impact Fund, the lead counsel for the women. "Lawsuits by
individual women had no more effect than a pinprick. Now, however,
the playing field has been leveled. Wal-Mart will face the combined
power of 1.6 million women in court."
"Wal-Mart has been living in the America
of thirty years ago, and those days are over. Certification of this
class shows that no employer, not even the world's largest employer,
is above the law. This decision sets the stage for women at Wal-Mart
to get their fair share of pay and promotions which have been denied
them for years," said plaintiffs' co-counsel Joseph M. Sellers,
who heads the civil rights practice at Washington D.C. 's Cohen,
Milstein, Hausfeld & Toll, P.L.L.C., which represents the women
in the case.
Wal-Mart, a global retail giant, reported
sales in excess of $256 billion in the fiscal year ending January
31, 2004. Currently Wal-Mart owns and operates 3,566 stores in the
United States. Wal-Mart employs more than 1.2 million employees
in the United States, two thirds of whom are women, more women than
any other company in the nation. Wal-Mart maintained that, despite
claims to the contrary, it did not operate as a centralized unit,
and that discrimination is not systemic. Plaintiffs argued that
the corporation's procedures and policies are indeed highly standardized,
and the company more than able to track discriminatory practices.
" This ruling brings Wal-Mart one giant
step closer to being as vigilant in accounting for equal pay and
promotional opportunities for women as it is in keeping track of
its stock of toothpaste, tires and t-shirts," said plaintiffs' co-counsel
Irma D. Herrera, executive director of San Francisco-based Equal
Rights Advocates.
The Judge noted that in their case, "plaintiffs
present largely uncontested descriptive statistics which show that
women working at Wal-Mart stores are paid less than men in every
region, that pay disparities exist in most job categories, that
the salary gap widens over time, that women take longer to enter
management positions, and that the higher one looks in the organization
the lower the percentage of women."
The Court in reviewing all of the evidence
found that together the evidence presented by the plaintiffs, "raises
an inference that Wal-Mart engages in discriminatory practices in
compensation and promotion that affect all plaintiffs in a common
manner."
The female plaintiffs and the class in
this lawsuit are represented by three public interest non-profit
groups, The Impact Fund (Berkeley, CA.), Equal Rights Advocates
(San Francisco), Public Justice Center (Baltimore, MD), and four
private law firms of Cohen, Milstein, Hausfeld & Toll (Washington,
D.C.) Davis Cowell & Bowe (SF) and New Mexico's Tinkler & Firth
and Merit Bennett (Santa Fe, NM). Plaintiffs' counsel includes some
of the most experienced class action and sex discrimination attorneys
in the country.
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