Ninth Circuit upheld class certification in Wal-Mart discrimination case

On February 6, 2007, the US Court of Appeals for the Ninth Circuit ruled that a class-action lawsuit against Wal-Mart Stores Inc. for allegedly discriminating against female employees should go to trial. The decision upheld a 2004 certification from the US District Court for the Northern District of California. Wal-Mart had appealed to the Ninth Circuit in 2005, arguing that the six lead plaintiffs were not typical or common of the class. Wal-Mart also objected to the size of the class certified, which they say is the largest in US history and would violate its due process rights. Wal-Mart petitioned the US Supreme Court for certiorari, which was granted in December 2010. On June 20, 2011, the Supreme Court rejected the lawsuit, ruling [PDF] that the women failed to meet the requirements for class certification.

Ninth Circuit

Learn more about gender discrimination from the JURIST news archive, and read commentary on the issue from JURIST Guest Columnist Sandra Sperino in Forum.


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