The class action lawsuit against Wal-Mart could encompass over 1 million female workers, which could make it one of the largest workplace discrimination cases in the history of the United States.

The plaintiffs argue that women employed by Wal-Mart since December 1998 suffered discrimination under the policies of the organization and should be included in the class action.

Wal-Mart argues that a class action would prevent the organization from responding to the individual claims of the six plaintiffs. Wal-Mart denies that the plaintiffs' claims reflect the typical work experience for their female employees.

The lawsuit, Dukes v. Wal-Mart, was first filed in 2001, accusing that Wal-Mart systematically paid women less than men. The suit also alleges fewer opportunities for women to advance in the organization and that women must work longer to attain promotions than their male counterparts. For example, the plaintiffs allege that while women make up 65 percent of Wal-Mart's hourly employees, only 33 percent of managerial positions are occupied by women.

Some aspects of the lawsuit were remanded to the lower court for further review, including claims of punitive damages as well as whether female employees who were no longer employed by Wal-Mart when the discrimination claim was filed should be included in the class action.

In a press release, Wal-Mart announced that it intends to continue fighting the lawsuit and that it's considering appealing to the Supreme Court.

Sources:
Court of Appeals, Ninth Circuit
New York Times