Wal-Mart v. Dukes
Encyclopedia
Wal-Mart v. Dukes is a United States Supreme Court case. The case is an appeal from the Ninth Circuit's decision in Dukes v. Wal-Mart Stores, Inc.
, in which that court, eventually by a narrow 6-5 decision, affirmed the district court's decision to certify a class action
lawsuit in which the plaintiff class includes 1.6 million women who currently work or have worked for Wal-Mart stores, including lead plaintiff Betty Dukes. Dukes, a current Wal-Mart employee, and others have alleged gender discrimination in pay and promotion policies and practices in Wal-Mart stores.
The Court agreed to hear argument on whether a Federal Rule of Civil Procedure, Rule 23(b)(2) that provides for class-actions where the defendant's actions make injunctive relief
appropriate can also be used to file a class-action that demands monetary damages
. The Court also asked the parties to argue whether the class meets the traditional requirements of numerosity, commonality, typicality, and adequacy of representation.
The Supreme Court ruled unanimously that the class should not be certified in its current form, although they disagreed 5-4 on the reason and on allowing it to continue in a different form.
Dukes v. Wal-Mart Stores, Inc.
Dukes v. Wal-Mart Stores, Inc., a sexual discrimination lawsuit, was the largest civil rights class action suit in United States history. It charged Wal-Mart with discriminating against women in promotions, pay, and job assignments in violation of Title VII of the Civil Rights Act of 1964.The case...
, in which that court, eventually by a narrow 6-5 decision, affirmed the district court's decision to certify a class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
lawsuit in which the plaintiff class includes 1.6 million women who currently work or have worked for Wal-Mart stores, including lead plaintiff Betty Dukes. Dukes, a current Wal-Mart employee, and others have alleged gender discrimination in pay and promotion policies and practices in Wal-Mart stores.
The Court agreed to hear argument on whether a Federal Rule of Civil Procedure, Rule 23(b)(2) that provides for class-actions where the defendant's actions make injunctive relief
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
appropriate can also be used to file a class-action that demands monetary damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
. The Court also asked the parties to argue whether the class meets the traditional requirements of numerosity, commonality, typicality, and adequacy of representation.
The Supreme Court ruled unanimously that the class should not be certified in its current form, although they disagreed 5-4 on the reason and on allowing it to continue in a different form.
External links
- SCOTUS opinion
- Ninth Circuit's en banc decision
- Coverage of the case by SCOTUSblogSCOTUSblogSCOTUSblog is a law blog written by lawyers and law students about the Supreme Court of the United States . The blog is sponsored by Bloomberg Law. The blog's first post occurred October 1, 2002. The blog moved to its current address on February 7, 2005. In the same year, it was featured by...
- Onthedocket.org's coverage of the case