Frequently Asked Questions

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Questions

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What is this lawsuit about?

On June 19, 2001, six current and former female Wal-Mart and Sam's Club employees filed a class action lawsuit in federal court in San Francisco called Dukes v. Wal-Mart Stores, Inc. Their suit charges that Wal-Mart discriminates against its female employees in making promotions, job assignments, pay decisions and training, and retaliates against women who complain against such practices. The Judge on the case later ruled that the named plaintiffs in the case must have a claim that arose in California, in order to pursue the case in federal court there. The Judge's order does not affect the rights of class members, who may be from anywhere in the United States. After this order, plaintiffs filed a motion to add five additional California plaintiffs to the original two. The Court granted that motion. On June 22, 2004, the Court certified a national class including all women who worked at Wal-Mart retail stores (including Sam's Club) anywhere in the United States at any time since December 26, 1998.
What is a class action?

A class action is a suit brought by individuals on behalf of a large group of people with the same basic claims. A judge has to decide if the case meets the legal requirements for a class action. If the requirements are met, class members are automatically covered by the suit, unless they ask to be excluded. The case either goes to trial or the claims are resolved before trial in a settlement for the entire class.
Who are the plaintiffs in this case?

The Current plaintiffs are: Betty Dukes, who works at Wal-Mart's Pittsburg, CA store; Patricia Surgeson, who worked in Wal-Mart's Vacaville, CA store; Cleo Page, who worked at Wal-Mart's Livermore and Union City, CA and Tulsa Oklahoma stores; Chris Kwapnoski, who works at a Concord, CA Sam's Club; Deborah Gunter, who worked at Riverside, Perris and Lake Elsinore, CA stores; and Edith Arana, who worked at Wal-Mart's Duarte California store. These women are the representatives of the class. In other words, they have filed suit not just for themselves, but for all women at Wal-Mart.
Who are the attorneys bringing this case?

Seven firms are working together on this case; their lead lawyers are listed in parenthesis:

Impact Fund, a Berkeley, CA based nonprofit foundation (Brad Seligman and Jocelyn Larkin);

Cohen Milstein Sellers & Toll PLLC, a Washington, DC plaintiffs class action law firm (Joseph M. Sellers, Christine Webber and Jenny Yang);

Equal Rights Advocates, a San Francisco nonprofit firm that specializes in sex discrimination cases (Irma Herrera and Debra Smith);

Davis, Cowell and Bowe, LLP, a San Francisco labor rights firm (Steve Stemerman and Betty Lawrence);

The Tinkler Law Firm, a Santa Fe Plaintiffs' Litigation Firm (Stephen Tinkler);

The Bennett Firm, a Santa Fe, New Mexico, and Honolulu, Hawai'i employment discrimination trial firm (Merit Bennett and Talia V. Kosh);

Public Justice Center (Debra Gardner), a Baltimore, MD nonprofit firm.
Am I a member of the class represented in this case?

If you are a woman and currently or in the past worked at a Wal-Mart's retail store in the United States, including Wal-Mart discount stores, supercenters, neighborhood stores, and Sam's Clubs, you are a member of the class. The case at this time does not involve other Wal-Mart facilities such as distribution Centers or headquarters. The class includes any woman who worked at Wal-Mart at any time since December 26, 1998.

If you meet the above definition, you do not have to do anything at this time to be included in the class. At some point in the future, you may be asked if you want to exclude yourself from the class, and, probably much later, you might be asked to file a claim form if you wish to share in any settlement. But for now, you needn't do anything. We nevertheless would like to hear from you if you believe you have been discriminated against by Wal-Mart.
What do I have to do to be in the class?

Nothing at this time, except click here to provide us with a current address and basic information so we can assess your claims. If your address or situation changes, please update your information.
How can I find out more?

You can keep track of this case by periodically checking this website. We will post major developments, pleadings, and press releases. If you would like to speak to one of our attorneys, please contact us through this website or call 1-877-966-2696.
What will women get if Wal-Mart loses or settles?

Plaintiffs are seeking an order to reform Wal-Mart's practices, and to recover lost wages and benefits for the women who have been victims of its discriminatory practices. They also seek punitive damages. No amount has been set yet.
What will happen next?

The Ninth Circuit affirmed the class certification order on February 6, 2007, and later revised that opinion on December 11, 2007. Wal-Mart has requested “en banc” review by the Ninth Circuit. “En banc” review consists of 11 Ninth Circuit judges, representing the entire court, reviewing and replacing the opinion that was amended on December 11, 2007. After many months of waiting, the Ninth Circuit granted Wal-Mart’s request for en banc review on February 13, 2009. The en banc hearing will be held at 2:00 p.m. on Tuesday, March 24, 2009, in San Francisco, California. It will take several months for the en banc panel to issue an opinion. If the en banc panel agrees with the district court and December 11, 2007 opinion, then Wal-Mart will likely appeal to the United States Supreme Court. It may take several months for the Supreme Court to decide whether to hear that appeal. For now, the district court’s order staying (i.e. freezing) the case remains in effect.
Will it cost me anything to be included in this case?

No. There is no cost to you to be part of this case.
What if Wal-Mart retaliates against me?

It is unlawful for Wal-Mart to retaliate against you for involvement in this case. If you believe it is doing so, please contact us at once either through this website, or by calling 1-877-966-2696.
Can I be fired for signing up or talking to you?

That would be in violation of the law. Please contact us at once if that has happened to you.
Will Wal-Mart find out I have asked you questions?

Your communications with us are protected by the attorney-client privilege and will not be disclosed to Wal-Mart. Your responses to our sign-up form are secure and encrypted, just as if you were doing a bank or credit card transaction on the web. If we think you have information that can assist the case, we will talk to you about whether you might be a witness in this case. If you agree to be a potential witness in this case, your name may be disclosed to Wal-Mart. In no event should Wal-Mart's managers or attorneys talk to you about your claims in this case. If there is any attempt to do so, please contact us at once.
How long will the case take?

As with any large case, this case will likely take several years to get to trial.
When do I have to act?

If you think you might have a claim, it is important that you sign-up with us as soon as possible so that we can assess your claims.
What if I have other issues against Wal-Mart? -- does this settlement cover those issues?

This settlement only involves company-wide claims of sex discrimination in pay and promotions. You may have other claims, such as denial of overtime, sexual harassment or other types of discrimination claims. You may also feel that Wal-Mart treats its workers unfairly. This settlement does not cover these other claims and the attorneys in this case are not handling these claims. Here are some resources you can check into:

The National Employment Lawyers Association: 415-296-7629

The National Employee Rights Institute (NERI) at www.nerinet.org

The UFCW Union representing retail clerks: call 1-800-695-0603, email strategy@ufcw.org or visit www.ufcw.org.

Your local United States Equal Employment Opportunity Commission or state anti-discrimination agency.

Information about other struggles against Wal-Mart may be found at www.walmartwatch.com and www.wakeupwalmart.com.
What evidence has been discovered in this case?

During the course of many depositions, hundreds of interviews with women who have worked at Wal-Mart, review of over one million pages of documents, and analysis of Wal-Mart's computerized payroll and people soft databases, the plaintiffs have uncovered a widespread pattern of discrimination against women in pay and promotions. Some of this evidence is contained in the expert witness reports prepared by plaintiffs' experts, which may be reviewed under the pleadings link to this site. A summary of much of the evidence is contained in Plaintiffs' motion for Class Certification, also under the pleadings link to this site.