Introduction
The Supreme Court recently killed one of the largest private-employer civil rights class actions in American history, Wal-Mart Stores, Inc. v. Dukes.[1] After a decade of litigation, the case ended before it even began. Former and current female employees brought a class action against Wal-Mart Stores, Inc. (Wal-Mart), on behalf of roughly 1.5 million women, alleging nationwide gender discrimination in violation of Title VII of the Civil Rights Act of 1964.[2] The plaintiffs contended that Wal-Mart gives its local managers undue discretion when making pay and promotion decisions, resulting in women being underpaid and disproportionately denied promotions. They argued that there is “a strong and uniform ‘corporate culture’” that permits gender stereotyping, and bias to taint, perhaps subconsciously, personnel decisions made throughout the company.[3]
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