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Biggest civil rights lawsuit in history

Wal-Mart charged with sex discrimination

By Sue Davis

On Sept. 24 a U.S. District Court judge heard arguments on turning a case charging Wal-Mart with sex discrimination into a class-action lawsuit. If the judge decides in favor, the case would become the big gest civil-rights lawsuit in history--involving 1.6 million current or former female workers. Should Wal-Mart lose, it would have to stop its sexist practices, pay millions of dollars in compensatory wages back to 1998 and adjust wages going forward.

Six female Wal-Mart workers in different cities filed the lawsuit in 2001. They charge that the world's biggest private retail corporation paid them on average $1,400 less than male co-workers and that they were overlooked or denied promotions because of their sex.

Statistics show that women make up 65 percent of the current Wal-Mart sales force, but only 33 percent of managers. Only after the lawsuit was filed did the company begin posting job openings so all workers could apply.

Though she struggled for seven years for a promotion, plaintiff Christine Kwap noski didn't get one until after the lawsuit was filed. She can document that she earned a nickel an hour more thana male counterpart who had half her experience. Lead plaintiff Betty Dukes, who's worked for Wal-Mart since 1994, says: "I saw a lot of men advancing; opportunities did not seem to be there for me. It's beyond my store in Pittsburgh." (Contra Costa Times, Sept. 25)

It's no secret that anti-union Wal-Mart is ruthless in its pursuit of profit. The number of lawsuits it has lost--for discriminating against African American men and people with disabilities, for example--is huge. In fact, the National Organization for Women has a Web page detailing cases, and Web sites like www.walmartwatch.com track the company's many unfair labor practices.

No matter how bad Wal-Mart's record may be, paying women less than men for comparable work is standard operating procedure under capitalism. Depart ment of Labor statistics for 2002 show that median weekly earnings for all women were $530 compared with $609 for men. Earnings specifically for African American and Latina women are even lower.

But don't think the bosses cut a better deal for women managers and professionals. On the contrary, the gap between men's and women's earnings widens as the rungs of the corporate ladder get higher. Managerial and professional men were paid on average $1,058 per week in 2002 compared with $756 for women.

The case against Wal-Mart holds huge potential. A victory could be used by unions, women's organizations and social-justice groups to demand equal pay for all women workers. What's needed to win such a victory are mass demonstrations before and during the trial. There's nothing like the workers' righteous anger to frighten the likes of Wal-Mart's billionaire owner Sam Robson Walton into paying up.

Reprinted from the Oct. 30, 2003, issue of Workers World newspaper

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