Dukes v. Wal-Mart: A Foreboding Class Certification Decision for Employers
James J. Oh of Littler Mendelson, P.C.
On June 21, 2004, a federal district court in San Francisco certified a nationwide class of approximately 1.6 million current and former female employees of Wal-Mart who claim sex discrimination in promotions and pay at Wal-Mart stores around the country. Dukes, et al. v. Wal-Mart Stores, Inc., No. C 01-02252 (N.D. Cal. June 21, 2004). Not only does the size of the class dwarf other previous employment class actions, but this may also be the first billion dollar employment discrimination case ever. The implications of this decision are profound and potentially frightening.