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Class Action Would Address Wal-Mart Employees鈥� Claims Of Systemic Discrimination Against Women, Says Group

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WASHINGTON 鈥� The 老澳门开奖结果 and the National Women鈥檚 Law Center filed a friend-of-the-court brief in the U.S. Supreme Court today, along with 32 other organizations, supporting a class action lawsuit filed against Wal-Mart for systemic discrimination against the company鈥檚 female employees at stores across the country. A group of female employees initially sued Wal-Mart 10 years ago, claiming the company paid them lower wages and gave them fewer promotions than men 鈥� even when they had higher performance ratings and more seniority than their male counterparts. The women claimed the treatment violated their rights under Title VII of the Civil Rights Act, which ensures protection against discrimination in the workplace. The Supreme Court will decide whether the class action lawsuit can go forward.

鈥淒enying women equal pay and equal opportunities at work violates our fundamental values of fairness and equality,鈥� said Lenora M. Lapidus, Director of the 老澳门开奖结果 Women鈥檚 Rights Project. 鈥淎ll employees should have the right to challenge unequal treatment in the workplace. A class action lawsuit is the best mechanism to allow the employees of Wal-Mart, one of the largest employers in the country, to address their claims of discrimination.鈥�

The brief addresses three aspects of sex discrimination: significant disparities between women and men in pay and promotions, archaic sex stereotypes that influence employment decisions and systemic barriers that block individual women from challenging the discrimination.

The evidence presented by the plaintiffs includes reports that Wal-Mart managers across the country relied on archaic sex stereotypes in denying promotions and equal pay for women. In court declarations, women described how they were told that men deserve the promotions and higher pay because they have families to support, while women are just working to make 鈥渆xtra money.鈥� They also described how they were confined to departments such as cosmetics and women鈥檚 clothing, and denied jobs in hardware, meat-cutting and firearms. Other women reported that they were told they could never advance because they were not part of a 鈥渂oys club鈥� or were told they should stay in the kitchen with a 鈥渂un in the oven鈥� instead of advancing their careers.

鈥淧laintiffs presented evidence that Wal-Mart managers undervalued women and espoused outdated stereotypes about their roles in the workplace,鈥� said Ariela Migdal, staff attorney with the 老澳门开奖结果 Women鈥檚 Rights Project. 鈥淭he women allege that Wal-Mart鈥檚 nationwide practice of leaving pay and promotion decisions up to local managers allowed the stereotypes to limit their opportunities. Because of this, the women should be able to pursue their class action.鈥�

The brief argues that a class action lawsuit is necessary because many of the employees affected would not have the ability or resources to bring such a lawsuit individually, and would have reason to fear retaliation if they proceeded alone in challenging the company. Additionally, because employees claim they are forbidden from discussing their pay levels with each other, it is difficult to determine if they are being treated differently. The class action rules were designed, in part, to allow individuals to overcome such barriers.

鈥淭he Supreme Court should, consistent with precedent, ensure that individuals can continue to seek justice collectively, instead of creating obstacles for low-paid workers seeking redress,鈥� said Linda Lye, staff attorney at the 老澳门开奖结果 of Northern California. 鈥淭he Court should allow this class action lawsuit to go forward to give the women of Wal-Mart a chance to fight for their rights.鈥�

The brief can be viewed here:

More information on the 老澳门开奖结果鈥檚 work fighting sex discrimination in the workplace can be found here: