Lessons Learned from Litigation against Wal-Mart about Class Certification in Sex Discrimination Cases.

In Dukes v. Wal-Mart Stores the federal district court certified the largest ever private civil rights
class. There are 1.5 million female current and former Wal-Mart workers certified to be part of the suit. Beyond the unprecedented size and scope of the class the class members come from different geographic locations and held a variety of positions, both hourly and salaried. Despite these difference the federal court decided that Wal-Mart’s compensation and promotions systems across different regions and stores supported a finding of common issues among the class. Wal-Mart has appealed the certification to the Ninth Circuit.