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Wal-Mart Stores, Inc. v. Dukes
United States Supreme Court
131 S.Ct. 2541 (2011)
Dukes (plaintiff) and two other current or former employees of Wal-Mart Stores, Inc. (Wal-Mart) (defendant) were three named plaintiffs in a proposed class action against the company that included approximately 1.5 million current and former female Wal-Mart employees (collectively Plaintiffs). The Plaintiffs brought suit against Wal-Mart alleging that the company engaged in a “corporate culture” of discrimination against female employees in violation of Title VII of the Civil Rights Act of 1964. The Plaintiffs did not allege any violation of an express corporate policy. Rather, they claimed that the local Wal-Mart managers’ subjective discretion over pay and promotions was exercised disproportionately in favor of men. The Plaintiffs sought injunctive and declaratory relief as well as back pay. The district court approved certification of the class and Wal-Mart appealed. The court of appeals affirmed. The U.S. Supreme Court granted certiorari to review.
Rule of Law
Holding and Reasoning (Scalia, J.)
Concurrence/Dissent (Ginsburg, J.)
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