Immediate Release: August 13, 2001

Wal-Mart Tries to Force Discrimination Plaintiffs to File in Arkansas

Faced with a nationwide class action sex discrimination suit, Wal-Mart Stores, the nation's largest retailer, has filed a motion to force the female plaintiffs to pursue the case in Wal-Mart's home state, Arkansas. The motion filed by Wal-Mart Stores late on Friday, August 10 in the federal district court in San Francisco, argues that the site of Wal-Mart's headquarter is the only proper venue for the action.

The suit, filed on June 19, 2001, alleges that Wal-Mart discriminates against its female employees in promotions, job assignments, salary and training across the country. While women make up more than 70% of Wal-Mart's hourly employees, less than 10% of its store managers are female. The suit, Dukes v. Wal-Mart Stores, Inc. (Case No. 012252 MJJ) was filed by six women-two from California, and the others from Texas, Florida, Ohio and Illinois.

Wal-Mart's motion claims that since not all of the plaintiffs are from California, the only proper venue for a nationwide suit is in its home state. It asks that the suit either be dismissed, or transferred to the Western District of Arkansas federal court. "What this 200 billion dollar a year company is demanding is that its female employees, most of whom make $7 or $8 an hour, must go to Wal-Mart's home court if they want to pursue discrimination claims. That's not the law, and it gives Wal-Mart an unfair home court advantage," says Brad Seligman, of Berkeley, California's The Impact Fund, one of the civil rights organizations representing the women.

Federal anti-discrimination law, Title VII of the Civil Rights Act of 1964, gives the plaintiff the choice of venue-either where the discrimination occurred, where the job position was denied, or where the defendant's headquarters are located. "Congress gave plaintiffs the choice for exactly the reason Wal-Mart is trying to deny it" says Seligman, "to stop an alleged discriminator from forcing its victims to file suit in the defendants home court."

The motion is scheduled to be heard on September 25, 2001 in San Francisco. For further information about the case, class members and the press can visit the case's website: www.walmartclass.com ###