Dukes

BACKGROUND

Plaintiffs’ Third Amended Complaint, brought on behalf of six named plaintiffs and all others similarly situated, asserts claims against Wal-Mart for sex discrimination under Title VII of the 1964 Civil Rights Act. Plaintiffs allege that women employed in Wal-Mart stores: (1) are paid less than men in comparable positions, despite having higher performance rat- ings and greater seniority, and (2) receive fewer — and wait longer for — promotions to in-store management positions than men. Plaintiffs contend that Wal-Mart’s strong, central- ized structure fosters or facilitates gender stereotyping and discrimination, that the policies and practices underlying this discriminatory treatment are consistent throughout Wal-Mart stores, and that this discrimination is common to all women who work or have worked in Wal-Mart stores.

On April 28, 2003, Plaintiffs filed a motion to certify a nationwide class of women who have been subjected to Wal- Mart’s allegedly discriminatory pay and promotions policies. The proposed class consists of women employed in a range of Wal-Mart positions — from part-time entry-level hourly employees to salaried managers — and is estimated to include…