Betty vs Goliath case headed to US Supreme Court

May 5, 2010

A former Wal-Mart employee, 60 year-old Betty Dukes, will be taking her case against the Asda-owner to the US Supreme Court. Ms Dukes has accused the supermarket giant of favouring men with better pay and faster promotions.

The Wal-Mart greeter, whose case has become known as ‘Betty versus Goliath’ in the US, has filed a class action lawsuit against the firm, who she claims is in contempt of the 1964 Civil Rights Act. The Act made it illegal for companies to discriminate on the basis of gender or race.

The dispute, which has been ongoing for nine years, will move to the Supreme Court, said Theodore J Boutrous Jr, head of Wal-Mart’s legal team. If Wal-Mart is found to be in contempt of the law, the payout for employees and former employees could be in the billions.

Ms Dukes had been with Wal-Mart for six years when she entered into a dispute with the company’s managers over her lack of advancement at the store. The dispute ended with a demotion and pay cut for Ms Dukes. In 2001, a San Francisco lawyer helped Ms Dukes file a lawsuit against the company.

The international supermarket firm argued that Ms Dukes case is an isolated instance and should be handled as an individual lawsuit with the store where she works. The ninth Circuit US Court of Appeals, however, ruled that the case could proceed. If the class action lawsuit is successful, an estimated one million former and current female employees may receive compensation for discrimination.

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