As we first reported on our June 6, 2010 posting Wal-Mart has its hands full defending the mega gender-discrimination class action law suit (Dukes v. Wal-Mart) filed by women against the giant retailer. The gist of the allegations are that Wal-Mart engaged in unfavorable discriminatory promotional and pay practices which resulted in less pay and promotinal opportunity for women. Some 1.5 million current and former female employees are engaged in the class action litigation.
Wal-Mart is arguing that the class is too large and the number of participants so great that it is difficult to defend against all the various individual claims. So, it has asked the U.S. Supreme Court to hear its argument on Tuesday, March 29, 2011.
Whether the Supreme Court rules the class is too large and that it must be separated into multiple actions, the litigation still appears headed to trial on the merits.