MANA 4328 Dr. Jeanne Michalski Michalski@uta.edu Legal Compliance 3 MANA 4328 Dr. Jeanne Michalski Michalski@uta.edu 1

“Wal-Mart's Women Troubles” Wal-Mart, employs 1.3 million workers at roughly 3,522 Wal-Mart and Sam's Clubs. Certified as a class: 1.6 million women who worked for Wal-Mart's U.S. stores at any time since Dec. 26, 1998. Women comprise over 72% of Wal-Mart's sales workforce and less than 33% of its managers.

The Plaintiff’s Case Title Store manager 14.3% 85.7% Co-manager 22.80% %Women %Men Store manager 14.3% 85.7% Co-manager 22.80% 77.2% Asst. manager 35.7% 64.3% Mgt. trainee 41.3% 58.7% Cashier 92.5% 7.5% Source: Drogin Kakigi & Assoc

Wal-Mart’s Defense Wal-Mart says it classifies management positions differently from its competitors. For example, it says department "managers" are not included in the count of managers because they are not salaried positions. "If we included these, our overall percentage would probably be close to 50%," the company says. Wal-Mart men average higher seniority and are more willing to relocate.

Current Status Wal-Mart Wins Request in Bias Case; Company Challenged Class-Action Status Bloomberg News Feb 19, 2009 Wal-Mart Stores won its request for a review of a court ruling that allowed as many as 2 million current and former female workers to proceed with the biggest sex-discrimination case in the nation's history. A federal appeals court in San Francisco yesterday granted Wal-Mart's request to rehear the case. In December 2007, a three-judge panel upheld a lower-court ruling granting class-action, or group, status to the women. Wal-Mart sought a rehearing before a larger panel of judges. En Banc Circuit approves class April 2010 Wal-Mart appeals to Supreme Court

Exercise Is this unlawful discrimination?