Walmart Stores will pay $11.7 million in back wages
and compensatory damages, its share of employer taxes, and up to
$250,000 in administration fees and will furnish other relief,
including jobs, to settle a sex discrimination lawsuit filed by the EEOC.
According to the EEOC’s lawsuit, Walmart’s London, Ky.,
Distribution Center denied jobs to female applicants from 1998 through
February 2005. During that time period, the EEOC contends, Walmart
regularly hired male entry-level applicants for warehouse positions,
but excluded female applicants who were equally or better qualified.
The EEOC alleged that Walmart regularly used gender stereotypes in
filling entry-level order filler positions. Hiring officials told
applicants that order filling positions were not suitable for women,
and that they hired mainly 18- to 25-year-old males for order filling
positions, the EEOC said.
Excluding women from employment or excluding them from certain
positions because of gender violates Title VII of the Civil Rights Act
of 1964.
The consent decree settling the suit, entered by the court on March
1, 2010, requires Walmart to provide order filler jobs, as they become
available, to eligible and interested female class members, as
determined by a claims administrator. Walmart will fill the first 50
available order filler positions with female class members. For the
next 50 positions, female class members will be offered every other
job. Thereafter, every third position will be offered to female class
members.
“Forty-plus years after the passage of the Equal Pay Act and Title
VII of the Civil Rights Act, far too many employers are still
blatantly excluding women from particular jobs, segregating their
workforces on the basis of sex, and denying women equal pay for equal
work,” said Acting EEOC Chairman Stuart J. Ishimaru. “Let this major
settlement serve as a warning: Employers must stop engaging in these
outdated and sexist practices, or they will face severe legal
consequences.”
Pursuant to the consent decree, Walmart has agreed not to
discriminate against females in hiring for order filler positions and
not to retaliate against applicants or employees who exercise their
rights, complain about discrimination or assist in an investigation or
discrimination-related proceeding. Walmart will post a notice of
non-discrimination at its warehouse facilities in Kentucky, train its
managers and employees involved in the hiring process at the London
Distribution Center, and use validated interview questions for the
order filler position. Walmart will also submit reports to EEOC
detailing its compliance with the decree.
A settlement administrator will distribute the proceeds to eligible
class members. Walmart has agreed to pay the first $250,000 of the
administration costs.