In 2000, Betty Dukes, a 54-year-old Wal-Mart worker in California, filed a sex discrimination claim against her employer. Dukes claimed she was denied the training she needed to advance to a higher, salaried position despite six years of dedication to work and outstanding performance appraisals.
The lawsuit took off in 2001 after the U.S. District Court in San Francisco granted the case class action status. This time, the plaintiffs seek to represent all women who work or have previously worked in a Wal-Mart store since December 1998 – the count is placed at 1.6 million.
It was not until June 2004 when the federal district judge ruled in favor of class certification. As of November 2005, the case was awaiting the Ninth Circuit's decision on Wal-Mart's appeal -- which has been criticized by conservatives as an inappropriate use of the class action mechanism -- and has been frozen until the Court of Appeals rules on the order.
The class suit charges Wal-Mart of violation of Title VII of the 1964 Civil Rights Act – discrimination against women in promotions, pay and job assignments.
With the sheer number of plaintiffs involved, the sexual discrimination lawsuit is poised to fetch an $11 billion settlement, the largest civil rights class-action suit in United States history.
A bad case of a tort plague or one of those bad labor practices? -- One thing is apparent, albeit ironic: Wal-Mart, popular for its inexpensive merchandise is paying this much.