Dukes v. Wal-Mart CA Plaintiffs Refile Bias Case

October 28, 2011 (PLANSPONSOR.com) – The plaintiffs in the Betty Dukes et. al. v. Wal-Mart Stores Inc. sex discrimination litigation refiled the case Thursday in federal court, reports Business Insurance.  

According to the article, the refiled case is on behalf of current and former female employees in California. The plaintiff attorneys estimate a total 90,000 individuals are affected by the case.

In June the U.S. Supreme Court ruled against a proposed class of 1.5 million members nationwide (see High Court Says Giant Wal-Mart Class Action Cannot Move Forward).  The suit, originally filed in 2001, involves allegations that Wal-Mart promoted and paid female employees less than men despite female’s higher performance ratings and seniority, reports Business Insurance.

The San Francisco federal court, where the motion was filed Thursday, is the same court that granted the national case class action status in 2004.

“The Supreme Court did not rule on the merits of the action, but only ruled that the class as certified could not proceed. It did not preclude prosecution of a class that was consistent with its newly announced guidelines and standards,” the revised suit said, according to Business Insurance.

The complaint alleges claims on behalf of present and former female employees “who have been subjected to gender discrimination as a result of specific policies and practices in Wal-Mart’s regions located in whole or in part in California.”