Dukes v. Wal-Mart -- Ninth Circuit Approves Largest Gender Class Action in U.S. History

On Monday, the long running Dukes v. Wal-Mart gender class action, first filed in 2001, was approved as a class action by a 6-5 vote of the en banc Ninth Circuit Court of Appeals in California.  As a result, Wal-Mart now faces the potential for an over one million member gender class action challenging Wal-Mart's pay and promotion practices.  The certified class involves female Wal-Mart employees employed in any of Wal-Mart's domestic retail operations since December 26, 1998.  The en banc decision was the third finding that certification was proper and followed the District Court's 2004 and three judge panel's 2007 findings that class certification of the potential 1.6 million member class was proper.  Pay disparity, promotional discrimination, and gender inequity in all terms and conditions of employment will now be pressed by lead counsel on behalf of the largest gender discrimination class in United States history.