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Case Developments

Class counsel and co-counsel file nearly 2000 charges with EEOC prior to May 25, 2012 deadline for charges that relied upon tolling to cover conduct as far back as 1998. Additional charges continue to be filed for current employees or those with very recent incidents of discrimination.

Class counsel files motion to ask court for more time for former class members to file claims (June 24,2011).

Supreme Court rules against national class certification (June 20, 2011).

Supreme Court Heard Oral Argument in the case on Tuesday, March 29, 2011

The Supreme Court heard oral argument in the case on Tuesday, March 29, 2011. Joe Sellers argued on behalf of the class. The Court is reviewing whether or not the case can proceed to trial as a class action lawsuit. A decision is not expected until late June 2011.

Audio of the oral argument can be found here.

Wal-Mart Sex Discrimination Class Action Plaintiffs Urge Supreme Court To Uphold Historic Civil Rights and Workers' Laws in Brief Filed Today

(WASHINGTON, D.C. - February 22, 2011) In a brief filed today in the United States Supreme Court, Plaintiffs in the Dukes v. Wal-Mart Stores, Inc., sex discrimination case argued that overwhelming evidence supports the lower court's class certification order and that overturning that decision would dismantle the "fundamental pillars" of the Civil Rights Act employment discrimination laws.

Full Press Release

Wal-Mart Sex Discrimination Class Action Plaintiffs Confident Strong Evidence In Lower Court Ruling Will Be Major Factor in Supreme Court Decision

(WASHINGTON, D.C. .Dec. 6, 2010) Attorneys for lead Plaintiffs in the Dukes v. Wal-Mart Stores, Inc., class action lawsuit today stated that they "welcome the U.S. Supreme Court's limited review of the sex discrimination case and are confident that the Court will agree that the women of Wal-Mart are entitled to their day in court." The Supreme Court announced today that it will conduct limited review of an April 2010 ruling by the U.S. Court of Appeals for the Ninth Circuit granting class certification of the case.

Full Press Release

Wal-Mart Asks for Supreme Court Hearing

On August 25, 2010, Wal-Mart filed a request (called a Petition for Certiorari) to the United States Supreme Court that it review the 9th Circuit decision upholding the class action. The Supreme Court does not automatically hear appeals. We expect the Supreme Court to decide whether it will accept the case by the end of the year. If it doesn’t take the case, it will go back to the San Francisco District Court for further proceedings and trial, which would likely be in 2012. If it accepts the case, it will hear the case and decide by June 30, 2011 whether the case can go forward to trial as a class action. On October 21, 2010, the plaintiffs on behalf of Wal-Mart women, filed a brief opposing Supreme Court review.

What Should You Do If You Believe You Are Part of the Case?

Please fill out a questionnaire with your contact information and e-mail address and update it if it changes. If you have other female co-workers from Wal-Mart, ask them to get in touch with us as well. If you have already been interviewed by our legal team, please update your contact information here.

Previous Developments

NINTH CIRCUIT UPHOLDS CLASS CERTIFICATION AGAIN

On April 26, 2010, the Ninth Circuit issued an opinion upholding class certification again. Please click here for the press release. To read the opinion, please click here.

NINTH CIRCUIT EN BANC PANEL WILL REVIEW CLASS CERTIFICATION

On February 13, 2009, the Ninth Circuit granted Wal-Mart’s request for “en banc” review of the district court’s order certifying a class of all female employees who worked at Wal-Mart any time since December 26, 1998.  Oral argument took place on March 24, 2009 before an en banc panel of 11 Ninth Circuit judges.  An audio recording of the en banc oral argument can be found here (WMA format).  It may take several months for the en banc panel to issue an opinion.

The order taking the case en banc means that the December 11, 2007 order by the Ninth Circuit is no longer good law.  If the en banc panel agrees with the prior Ninth Circuit orders and affirms class certification, Wal-Mart may appeal to the United States Supreme Court.  We will post additional updates to this website as we know more.

NINTH CIRCUIT AFFIRMS CLASS CERTIFICATION

(Updated 9/23/08)

On December 11, 2007, the Ninth Circuit issued a revised opinion affirming the class certification order. Plaintiffs have requested rehearing by the Ninth Circuit panel to clarify that Wal-Mart employees who left their employment before June 8, 2001 are allowed to continue in the class action. Wal-Mart requested "en banc" review by the Ninth Circuit.

"En banc" review occurs if the majority of the active judges vote for it. The Court may take several months to resolve the panel and "en banc" reviews requested by Plaintiffs and Wal-Mart. If both reviews are denied, or if the court takes Wal-Mart's "en banc" review and agrees with the district court and revised December 11 opinion, then Wal-Mart will likely appeal to the Supreme Court. It will take many months for the Supreme Court to decide whether to hear that appeal. We will update this website as we know more.

COURT OF APPEALS AFFIRMS CLASS CERTIFICATION

The 9th Circuit Court of Appeals decided on February 6, 2007 that several current and former Wal-Mart employees may represent all female employees who worked at Wal-Mart any time since December 26, 1998 in a nationwide sex discrimination lawsuit. Over 2 million women are estimated to be a part of this lawsuit. Wal-Mart has asked the entire 9th Circuit court to rehear its February 6 decision. In order to get this rehearing, a majority of the 27 judges on the circuit must vote for it.

On Monday, August 8th, 2007, the Ninth Circuit Court of Appeals heard Wal-Mart's appeal of the District Court's class certification order. Brad Seligman argued for the plaintiffs.

Women ask court to send case to trial on behalf of over 1.5 million current and former female Wal-Mart employees.

Federal court certifies national class action.

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