Wal-Mart Class Action Gets Green Light from Appeals Court

February 7, 2007

Yesterday a three-judge panel of the U.S. Court of Appeal for the Ninth Circuit affirmed a trial judge's decision to certify the massive class action lawsuit against Wal-Mart for pervasive sex discrimination. The case will head to trial unless Wal-Mart asks for another hearing before the entire Ninth Circuit, or appeals to the Supreme Court, further delaying justice for over a million women.

"We applaud the persistence of the 1.6 million plaintiffs who are determined to end sex discrimination at Wal-Mart. Soon they will have their day in court, cheered on by women everywhere. With their help, and ours, Wal-Mart will eventually get the message that discrimination is not only bad business, it's bad for business," said NOW President Kim Gandy.

In 2001, six women filed a class action suit against Wal-Mart on behalf of 1.6 million current and former female employees, alleging a pattern and practice of discrimination against women. Shortly afterwards, NOW declared Wal-Mart a "Merchant of Shame" and began a nationwide campaign [link to Wal-Mart page] to reveal the reality behind the apparent success of the nation's largest retailer.

Among many claims, the class action suit alleged that women were less likely to be promoted into management, even though they are the majority of lower-paid workers, that female managers were paid an average of $14,500 less than male managers, and that female hourly employees were paid an average of $1,100 per year less than male hourly workers.