1.

Syazrin Syimee Sharifuddin

2. Nor Shaiza Mir Ahmad Talaat
3. Nor Azlinda Kasmoen

Women at Walmart: A
Gender Discrimination
Lawsuit Case
Company
Overview
Sam Walton
Walton described his
relationship with his
employees as partnership
and believed that the way
management treats its
employees is exactly how
the employees will treat the
customers, and that means
the customers will return
again and that is where the
real profit comes from.
Walmart in Trouble
Not
Not Treating
Treating
Its
Its Female
Female
Failed
Failed to
to Employees
Employees
provide
provide aa In
In Socially
Socially
Safe
Safe Responsible
Responsible
Not
Not
Workplace
Workplace Manner
Manner
Promoting
Promoting
Women
Women at
at
the
the
Workplace
Workplace

Offered
Offered No
No Freedom
Freedom
High
High Of
Of
Unaffordab
Unaffordab Association
Association
le
le Health
Health Of
Of Workers
Workers
Care
Care Plans
Plans
In November 2002, thousands of protestors
took to the streets in 40 US states protesting
against Walmart treatment of employees
 Walmart vs Dukes:
Discrimination Against
Women
2001: Betty Dukes filed
a gender discrimination
case against Walmart
She was denied
training to advance to
higher position despite
excellent performance
review
The case expanded to
1.6 million current and
former employees of
Walmart
Certified as the largest
class action lawsuit in
Discrimination Against
Women
 Timeline of Walmart vs
Date Dukes Events

June 8, 2001 Betty Dukes and six other women filed suit against Wal-Mart , seeking to represent a
class of more than 1.5 million female employees at 3,400 Wal-Mart stores across the
United States; they claimed that the retailer made discriminatory decisions based on
gender in determining female employees' pay and eligibility for promotions
June 22, 2004 U.S. Judge Martin Jenkins of the Northern District of California certified a class of all
current and former employees of Wal-Mart who worked at its U.S. stores at any time
since Dec. 26, 1998
Dec. 11, 2007 A Ninth Circuit U.S. Court of Appeals panel limited the class to exclude workers who were
not employed by Wal-Mart when the plaintiffs filed their first amended complaint on June
19, 2001
April 26, 2010 In a 6-5 vote, the Ninth Circuit U.S. Court of Appeals allowed the gender bias suit to
proceed as a class action
Aug. 25, 2010 Wal-Mart petitioned the U.S. Supreme Court to review the class certification decision

Dec. 6, 2010 The justices granted certiorari and agreed to hear Wal-Marts appeal

March 29, 2011 Oral arguments were held

June 20, 2011 The U.S. Supreme Court reversed certification, finding that it was not consistent with
Federal Rule of Civil Procedure 23(a).

July 15, 2016 Betty Dukes and her friends who sued Walmart 15 years ago reached a confidential
settlement with Walmart and voluntarily agreed to dismiss their claims
Number of Employees by Store
Type
Percent of Women in Hourly and
Salary Jobs
Average Earnings by Gender
(Hourly vs Salary)
 Average
Earnings by
Gender in
Store
Manageme
nt Jobs
Average Earnings by
Gender
Walmarts Response
Walmarts Response
Consequences of the
Case
Walmart improve its corporate policies
for women and created special
programs empowering women
Betty Dukes viewed as role model for
women employees
Create a certain national standard for
treating women and promoting gender
equality amongst large companies
Reduction in the settlement of
discrimination cases
Ethical Theories
Perspective
 Individualism Theory

According to Milton Friedmans, Individualism

Theory is the aim and responsibility of
businesses to maximize their profits within
the law, spending money in resources,
employees and donations is wrong because it is
essentially stealing from the owner or owners of
the company.
Individualist would say that Walmart was
ethical due to they have continued to grow their
profits despite the ongoing lawsuits.
Utilitarianism Theory

Utilitarianism states that something is moral or

good when it produces the greatest amount
of good for the greatest number of people.
John Stuart Mill defines utilitarianism as a theory
based on the principle that "actions are right in
proportion as they tend to promote happiness,
wrong as they tend to produce the reverse of
happiness."
Utilitarian says that the most affected party
are the 1.6 million female employees and
employees family.
 Deontological Theory
Developed by Immanuel Kant (1724-1804). Kant
argued that the highest good was the good will.
To act from a good will is to act from duty.
Thus, it is the intention behind an action rather
than its consequences that make that action
good.
A Kantian says that Walmart has to be
unethical because they continued to treat
female employees with inequity between pay and
promotions, knowing they have created huge tax
burdens on the American public.
 Virtue Theory
Virtue theory claims that moral virtues define
the moral person. This bring to the four main
virtues - courage, honesty, temperance
and justice.
Walmart was not courageous in their policies
of giving local management discretion over
pay and promotions
Honesty is not met by Walmart because they
have not been practicing equal employment
opportunities for all employees.
Temperance and justice were also not met
by Walmart due to the continuation in unfair
policies and practices.
Recommendations

Listen to their employees

Pay a fair wage
Treat employees equally
Restructuring its organization
Review the local managers role
Establish a clear criteria for
hiring and promotions
 Conclusion

Walmart must carefully analyse its

business-related polices.
Profit maximizing is not everything.
Emphasize on making workers
happy, which will help contribute to
Walmarts survival and success