New employment discrimination claims against Wal-Mart

May 09, 2013

In 2011 the U.S. Supreme Court issued a ruling in Dukes v. Wal-Mart, holding that a lower court had improperly certified a class in an employment class action suit against Wal-Mart. The Court said that the proposed class, which encompassed 1.5 million women nationwide who had worked for Wal-Mart since 1988, was too large to meet the standards for a class action suit. After the court's ruling, the plaintiffs have filed new claims in federal courts in various states, including Florida, trying to overcome some of the obstacles the first case met.

New lawsuits filed regionally

In order to overcome the claim from the national lawsuit that the class was too big to adequately represent each member's interests, Wal-Mart employees have filed suits in federal district courts in a number of states including Florida, California, Wisconsin, Texas and Tennessee. The suits allege that Wal-Mart denied female employees promotions and pay raises. Of Wal-Mart's 1 million employees, two-thirds are women. However, fewer than 15 percent of store managers are female, according to lawsuit documents.

The Florida suit also claims that female employees made less money than male employees with similar seniority doing similar work. The suit noted that pay disparities between male and female salaried employees was as high as $25,000.

Plaintiffs presenting new evidence

Wal-Mart officials argue that the plaintiffs are merely rehashing arguments that were dismissed in the Dukes case. They believe that each plaintiff's claim should be litigated individually to determine whether there was employment discrimination because each woman's circumstances differ from one another's. However, the plaintiffs counter that the classes are smaller than in the Dukes suit and the scope of the claims is different. Because the classes are regionally focused, the plaintiffs argue that they can be more precise in identifying discriminatory practices.

The claim filed in California is the furthest along procedurally, as it is a direct spin-off of the original Dukes case. In that case, the plaintiffs plan to present new statistical evidence showing that women who worked in Wal-Mart stores received fewer promotions than they would have had they been working in an environment without discrimination.

Speak with an attorney

Discriminating in hiring and promotion decisions based on gender violates both state and federal laws. Employees in Florida deserve to have workplaces free of discrimination. If you have been the victim of employment discrimination, talk to a veteran employment law attorney who can help you recover just and proper compensation.

Article provided by Feldman Morgado, P.A.
Visit us at www.floridatrialattorneys.net/