Betty Dukes V. Wal-Mart Stores Inc.

A class action lawsuit is when a group of people join together to sue about the same issue. This is often the most efficient way of addressing a problem that many people have. Class action lawsuits may be about faulty medical gadgets, sexual harassment at work or other topics. The plaintiffs work together to effectively sue the defendants as a team. It is easier than filing a bunch

From a reasonable person perspective, Maalick encountered discriminatory ridicule and insults on multiple occasions from multiple people. With cumulative instances of harassment, the Chenworth office was a hostile work environment. Therefore, the compilation of illegal behaviors may entitle Maalick to a Title VII lawsuit, as long as this lawsuit is filed with 180 days (Hersch & Shinall,

This case is about a group of women who were discriminated against based on their gender. The lawsuit was put into the hands of the Equal Opportunity Employment Commission (EEOC) after a group of Latino women that worked for Rivera Vineyard, Inc. reported multiple complaints. Those involved included Rivera Vineyards Company employees that consist of Latino female workers, male workers, and male managers. Most of the Latino farm workers suffering victimization were females, there were also some males. These males were targeted because of their attempt to speak up on behalf of the harassed females.

This lawsuit unfortunately, gives HR and recruiting a bad name. After reading the article I have to admit that I was both appalled, alarmed; however, I wasn’t shocked, though. Unfortunately, discrimination is too common.

Charges of workplace discrimination is said to be at an all time high. During the 2015 fiscal year the U.S. Equal Employment Opportunity released information that claims there were more than 89,000 charges filed for workplace discrimination. One of the top ten charges is said to be retaliation, which had an estimate 39,757 cases in 2015, which is 44.5 percent of all charges filed. Retaliation is said to be in violation of the Title VII of the Civil Rights Act of 1964, For the purpose of this research paper I will provide the understanding of both Acts, while also taking a case that deals with to provide the basis of the case, the findings, and the outcome of the charges.

Wal-Mart Stores, Inc. Walmart is the biggest importer of foreign products in the United States. For this, Walmart created a code of conduct for its foreign suppliers as “Standards for Suppliers”. To meet this code of conduct foreign supplier need to follow all the local law, rules and regulations of country and the working condition of industry like pay, hiring forced labor, child labor and discrimination. This code of conduct states Walmart may make on-site inspection to the foreign products that is going to be imported in Walmart USA by which it can cancel or reject the low standard product while site inspection. These are included in Walmart’s supply contract with its suppliers in foreign countries. The foreign workers who are importing goods to Walmart from China, Bangladesh, Indonesia, Swaziland and Nicaragua sued Walmart to the US district court alleging that they were third party beneficiaries to the Walmart’s contract to its foreign suppliers that due to the Walmart’s breach of standard they were due damages from Walmart. Their employees violated the standards because of Walmart failed to investigate on working condition of foreign suppliers. Even knowing the standards were being violated Walmart failed to implement the standards mentioned there in contract. The U.S. court held that the litigants were not intended third party beneficiaries to Walmart’s contract to its foreign suppliers and terminated the

Jacqueline Cote, and her wife Diana Smithson were employees for Walmart for about 15 years. However, Cote’s sued (for cost of caring) when Smithson developed ovarian cancer. Walmart denied the health insurance policy to cover both of them as soon as both of them left (Cote’s had to take care of Smithson). Lydia DePillis, a reporter who writes for Washington Post, stated. “Last week, a notice seeking others affected by Walmart's actions went out to the 1,200 current and former employees who enrolled a same-sex spouse in the retailer's health plan after Jan. 1, 2014. The class action argues that, because the Civil Rights Act prohibits discrimination on the basis of sex, they should have been receiving benefits even before the Supreme Court invalidated the Defense of Marriage Act” (1). DePillis insists that just because someone is gay, they should not be discriminated. African Americans are too entitled to their have rights which protect them, and should set all that aside to work in an equal environment, after all workplaces is one of many where people should feel the same as everyone

Female employees of the Bank of American filed a lawsuit in 2010 alleging that the employer engaged in gender-based discriminatory work practices against women working in FA jobs

In the case of Walmart store Inc v.Dukes, 564 U.S. 338 under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e-1 et seq., alleging sex discrimination in pay and promotions. The appeal court 5-4 decision

Another legal case that was reviewed, and is a directly correlated to EEOC and Civil Rights discrimination issues is the Alaimo v. Thompsonville Fire District #2 and Collen Ann Reidy. In this case we again see Civil Rights Act violations as well as Federal Rehabilitation Act of 1973 under 29 USC § 791 and Fair Labor Standards Act of 1938 violations (Phelan, 2015). Additionally, we see State of Connecticut Workers Compensation Retaliation Violations related to Conn. Gen. § 31-290a and Conn. Gen. § 31-76b. In this case we again see retaliation against Alaimo for he didn’t agree with a politicians plans not to build a new fire station. Instead of following the laws, statues, regulations and policies as they relate to an employee the Commissioners

     The legal system is an essential element in the successful operation of this country. It is a system that is utilized every day, by every type of person, from the average blue-collar worker to the average Wall Street broker. There is a multitude of ways that the legal system is put to use. One such way is the class action lawsuit. A Civil Action, by Jonathan Harr, uses the account of a single case, Anne Anderson, et al., v. W.R. Grace & Co., et al, to illustrate the power and importance of class action lawsuits in the civil justice system.

Discrimination continues to run rampant throughout organizations in both the United States and worldwide. The Supreme Court case, Dukes vs. Wal-Mart Stores, Inc., dealt with 1.5 million current and former female Wal-Mart employees that claim that they had been a victim of gender discrimination. The ensuing pages will discuss the specific issues that the plaintiffs encountered, followed by suggestions from a human resource manager’s stand point in rectifying adverse impact within the Wal-Mart organization.

Wages and benefits are not the only complaints Wal-Mart is now facing. Recently, Wal-mart was accused of denying women equal pay and opportunities for promotion (Bianco, 2003). Wal-Mart attempts to distract from their past and present diversity issues by devoting an entire section of their webpage to this subject but until Wal-Mart can show statistical proof reflecting their claims of fair wages, good benefits, and equal treatment, the complaints by the unions and consumers will continue. These upper level management decisions are having a negative impact on the company and providing an unhealthy organizational culture for the organization.

Wal-Mart has been accused of discriminating against women. Women had been denied training and promotion opportunities that are offered to men. In addition women are underpaid. That is, men are paid more than women. According to Hoover’s handbook of American business, “in June 2001 a group of six current and former female Wal-Mart employees filed a sex discrimination lawsuit (seeking to represent up to 500,000 current and former Wal-Mart workers) against the company.”(Hoover’s Handbook, pg.907) The suit was filed because Wal- Mart failed to provide equal employment for women. In fact, there are over 70 percent of women working at Wal-Mart, but only a small amount of those women are managers. So, men are