Wal-Mart is the nation's largest company, and the world's largest retailer
with 3,400 stores in the United States and more opening every month. The company
employs over a million people. Although more than two-thirds of its hourly
employees are women, they hold only one-third of store management jobs, and less
than 15% of store manager positions.
On June 21, 2004, Judge Martin J. Jenkins, United States District Court,
Northern District of California, granted plaintiffs' motion for certification of
a Class Action against Wal-Mart Stores, Inc. The court found that plaintiffs had
presented sufficient evidence of sex discrimination (in violation of Title VII
of the 1964 Civil Rights Act) against women employed at Wal-Mart at any time
after December 26, 1998. More specifically, the court certified the class with
respect to:
- Plaintiffs' claim for equal pay (women employed at Wal-Mart are
paid less than men in comparable positions, despite having higher performance
ratings and greater seniority); and
- Plaintiffs' promotion claim (women employed at Wal-Mart receive
fewer promotions to management positions than do men, and those who are promoted
must wait longer than their male counterparts to advance).
Over 100 current and former Wal-Mart female employees, from hourly workers to
former district managers, provided sworn declarations in support of the class
certification motion. In the declarations the women who worked at Wal-Mart
stores in 30 states detailed their personal experiences with Wal-Mart's
discriminatory practices, including:
- A female assistant manager in Utah was told by her store
manager that retail is "tough" and not "appropriate" for women;
- Another manager in Texas told a female employee that women
have to be "bitches" to survive Wal-Mart management, while a Sam's Club manager
in California told another woman that she should "doll-up" to
get promoted;
- Managers have repeatedly told women employees that men "need to be paid more
than women because they have families to support";
- A male manager in South Carolina told a female employee
that "God made Adam first, so women would always be second to men";
- A female manager in Arizona was told she got paid less than
a less qualified mal because she "didn't have the right equipment."
- A female personnel manager in Florida was told by her
manager that men were paid more than women because "men are here to make a
career and women aren't. Retail is for housewives who just need to early extra
money."
In charging widespread discrimination, the women cite testimony and documents
revealing that senior Wal-Mart managers use and endorse the use of demeaning
stereotypes of women in the workplace.
In addition, plaintiffs have presented evidence that Wal-Mart cultivates and
maintains a strong corporate culture which includes gender stereotyping and
uniformity; Wal-Mart managers make pay and promotion decisions in a subjective
manner which provides a conduit for gender discrimination; women are unaware of
a large proportion of promotional opportunities; decisions as to who will
actually be selected for the Management Training Program are based largely on
subjective criteria; Wal-Mart does not monitor the promotion decisions made by
in-store managers which have been given unfettered authority; and it
consistently takes women longer than comparable men to reach higher management
levels.
Lopez Hodes currently represents over 100 current and former female employees
of Wal-Mart who were allegedly victimized by this prolific and profound pattern
of gender discrimination. We continue to evaluate new cases and plan to actively
litigate this case and represent clients either within the class action, or
independent of it. We have successfully litigated various employment
discrimination cases against many major Fortune 500 corporations, and this case
against Wal-Mart has the potential of being the largest ever of such cases.
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