Issues Before the Courts

On March 29, the Supreme Court will hear arguments in Wal-Mart v. Dukes,  to determine whether the women employed at Wal-Mart stores across the country can join together in a class action to challenge pay and promotion practices alleged to discriminate against women.  To establish that they should be allowed to bring their case together, as a class, the women employees presented statistics in the courts below showing that female workers at Wal-Mart earned less than comparable male workers and were less likely to be promoted.   Those disparities were bolstered by evidence that Wal-Mart’s corporate policies and practices allowed for sex-stereotyping to operate as the driving principle in the pay and promotion decisions for its women employees.  Experts concluded that Wal-Mart's policies and corporate culture perpetuated these sorts of gender stereotypes across the entire company.  The plaintiffs’ evidence speaks for itself—and squarely establishes that a class should proceed.

Many of the key legal protections upon which women have relied for many years are gravely at risk – hanging in the balance of power on the federal courts. As a result, it matters deeply to women that highly qualified individuals who are committed to upholding legal protections for women and all Americans are confirmed to lifetime seats on the federal courts, that women are fairly represented on the bench, and that judicial vacancies are filled so that all Americans can have their day in court.