Dukes v. Wal-Mart going to trial

Posted on: July 6th, 2015 by Steve Larson

DiscriminationWal-Mart greeter, Betty Dukes, is going to get to go to trial on her gender discrimination case against Wal-Mart.  You may recall that the U.S. Supreme Court rejected the certification of a massive class of female employees that contended they were discriminated against. Dukes’ discrimination suit against Wal-Mart was originally filed in 2001. The district court certified a national class in 2004 and the Ninth Circuit affirmed the lower court decision in 2010. Wal-Mart appealed to the Supreme Court, which reversed the Ninth Circuit.

Now the case involves the claims of four Wal-Mart employees; Dukes, Patricia Surgeson, Edith Arana, Deborah Gunter and Christine Kwapnoski.

After 14 years of litigation, California federal judge Charles R. Breyer trimmed some of the female employees’ claims, but said the case would proceed to trial.

The case is Betty Dukes et al. v. Wal-Mart Stores Inc., case number 3:01-cv-02252, in the U.S. District Court for the Northern District of California.