Case Analysis: Wal-Mart Stores Inc. v. Dukes
This case was against B versus R and separate representative Fogarty, Kay and O'Ryan group of women accusing the stores of discrimination on the basis of gender. Betty Dukes was the plaintiff in this case, together with other women filed for class action for the violation of their civil rights. It was alleged that the policies of the company discriminated against women employed. This was evidence in the salaries of the men and women despite working in the same job group. The lawsuit involved a class of over 1 million women who were Wal-Mart employees after December 1998. Wal-Mart the defendant in this case made a requisition of the individual employees to make personal suits against the company…show more content… The diversity of the women in the class as regards to length of employment, job group and store worked could not qualify for commonality in the class. This therefore meant that legally they were not entitled to any form of monetary benefit as a result of lack of proof of commonality. The provision of an injunction would be seen as the most appropriate form of relief from the court for the different members of this class in this suit. The award for monetary compensation in this case was impractical because of the lack of qualification of class certification in this…show more content… The citing of the Dukes case made it impossible for the plaintiffs in this Philadelphia case to access any form of legal retribution as a result of this. The irony of it all is that courts initially used to side with the plaintiffs is such similar cases. This indeed has put the fight against employee discrimination in jeopardy. Employers are thus taking advantage of this loophole in law to propagate all forms of discrimination against their employees as they so