As most readers will know, this case involves an enormous class action pitting seven current and former female Wal-Mart employees against the world’s largest retailer and second largest corporation. The plaintiffs allege sexual discrimination under Title VII. They have sought, and obtained, certification of a class of all women employed at any domestic Wal-Mart retail store in the past 8 years who have been or may have been subjected to Wal-Mart’s allegedly discriminatory pay and management track promotions policies and practices. Everybody agrees that this would be the biggest pay discrimination suit of all time, and during oral argument on the certification motion, Judge Jenkins of California’s Northern District referred to the motion as “historic.” He subsequently granted the motion, at least for the most part. Dukes v. Wal-Mart Stores, Inc., 222 F.R.D. 137 (N.D. Cal. 2004).
The Ninth Circuit affirmed certification 2-1 this morning. More after the jump.