Along with more than seventy witnesses, the other named plaintiffs in Dukes v. Wal-Mart tell similar stories:
§ In August 1997, Patricia Surgeson, then a single mother of two, began working evenings as a part-time cashier in a Wal-Mart tire and lube department while attending community college. Within two weeks, while she was stocking shelves, she says, a male co-worker began grabbing and propositioning her. He was allowed to remain in his job, while she was transferred to the health and beauty aids department. Over the next four years, Surgeson held more responsible jobs at Wal-Mart, but these promotions weren't accompanied by raises. Many of her male co-workers were paid better than she was, she charges, even though they had less responsibility and were newer to the company.
§ Hired to work in the returns department in the Livermore, California, store in fall 1998, Cleo Page, who had already worked in two other Wal-Mart stores, was quickly promoted to a customer service manager position. Interviewing a little over a year later for a promotion, she charges, she was told that it was a man's world, and that men controlled management positions at Wal-Mart. She was repeatedly passed over for promotions, which were given to male employees, and to white women. (Page, who is African-American, also has a race discrimination claim against Wal-Mart, as does Betty Dukes, but these charges are not part of the class-action suit.) At one point, her store manager discouraged her from applying for the sporting-goods department manager position, she says, because "customers would feel comfortable" buying sporting goods from a man. She heard male co-workers complain that "women were taking over" the store, and she heard them ask each other if they knew other men who would be interested in working at Wal-Mart.
§ Christine Kwapnoski, who is still employed in a Concord, California, Sam's Club (a division of Wal-Mart), has worked for the company since 1986. She charges that management positions were never posted, though when she heard one was opening up she'd tell supervisors she was interested. Still, the jobs were given to men less qualified than herself, whom she then had to train. A store manager suggested that she "needed to blow the cobwebs off" her makeup and "doll up." She says she saw men getting paid at higher rates than she was, and getting raises more often; in one instance, Kwapnoski, a divorced mother of two, questioned a male co-worker's raise, and was told he had a family to support.
§ After thirty years of retail experience, Deborah Gunter began working at a Riverside, California, Wal-Mart in 1996 as a photo lab clerk. She says she applied for management positions and was passed over for less experienced men. She requested further training and never got it. When she was transferred to the Tire Lube Express department, she did the work of a support manager but never got the title or the pay. Her supervisor sexually harassed her, and when she complained, her hours were reduced, she says. After she trained a man to fill the support manager job, he got the title and salary, and her hours were reduced. When she complained about her reduced hours and requested a meeting with the district manager to protest the discriminatory treatment, she was fired.
And on and on. Women make up 72 percent of Wal-Mart's sales work force but only 33 percent of its managers. A study conducted for the Dukes plaintiffs by economist Marc Bendick found such discrepancies to be far less pronounced among Wal-Mart's competitors, which could boast of more than 50 percent female management. Even more striking, comparing Wal-Mart stores to competitors in the same location, Bendick's study found little geographic variation in these ratios, and little change over time. In fact, the percentage of women among Wal-Mart's 1999 management lagged behind that of its competitors in 1975. (Wal-Mart spokesman Bill Wertz says it's "too soon" to say how the company will defend itself against these charges.)
Depending on the outcome of a class-certification hearing next July before a San Francisco federal judge, Dukes v. Wal-Mart could be the largest civil rights class-action suit in history, affecting more than 700,000 women. Though a California judge ruled recently that the case must be limited to California plaintiffs, discovery is nationwide, as is the proposed class. If the plaintiffs have their way, any woman employed by the company from 1999 on would win damages. But even more important, says Brad Seligman, Betty Dukes's lawyer, "The idea is to change Wal-Mart. We will not have done our job unless we transform the personnel system at Wal-Mart and make sure there are additional opportunities for women."