IRAC Analysis
Wal-Mart Stores, Inc. v. Dukes (pg. 38)
Issue(s)
Issue 1
The issue in the case of Wal-Mart Stores, Inc. v. Dukes is whether or not the managers of
individual Wal-Mart Stores used their discretion for areas of payment and promotions
disproportionately in the favor of men. Specifically for this case, the court is determining if
there is sufficient commonality to allow a class action.
Rule(s)
Rule as to Issue 1
The courts decided that because there was insufficient proof that the employers of
Wal-Mart operated on a general policy of discrimination that there was not sufficient proof
to allow a class action. Because of Wal-Mart’s size and scope around the country it was
decided that it was unlikely that all managers would exercise their discretion in a common
way without a form of common direction.
Analysis
Rule 1, Issue 1
The courts were right there was insufficient evidence provided for a class action suit
against Wal-Mart Incorporated. Due to Wal-Mart’s announced policy that was against said
equal opportunity discrimination and the policy’s detailed penalties against such actions.
The biggest factor was the amount of proof brought forward by Dukes and whether or not
that represented a commonality amongst the managers.
Conclusion
The court ruled that Dukes did not bring forth enough evidence to allow a class action to
go forth. The court determined that without some form of common direction it was
