The U.S. Supreme Court may have killed off the world’s largest employment class action against Wal-Mart Stores Inc., but a federal judge today gave the women in the class until October 28 to file individual lawsuits. The original Dukes v. Wal-Mart case accused the company of denying raises and promotions to women based on gender bias.
But it was just too big a case. It could have been a class with 1.5 million current and former female Wal-Mart workers, so the Supreme Court ripped it up in June.
The decision doesn’t foreclose plaintiffs from pursuing more selective class claims, with smaller groups of women.
U.S. District Judge Charles Breyer in San Francisco issued an order giving the women who received permission to sue from the U.S. Equal Employment Opportunity Commission until October 28 to file lawsuits.
Women who had never filed an EEOC charge against Wal-Mart will have until January 27, 2012 to do so in states with 180-day limits and until May 25, 2012 in states with 300-day filing limits.
Case: Dukes v. Wal-Mart Stores Inc., No. 01-cv-2252CRB, (N.Dist. of Calif.)