In this case, Wal-Mart seeks to have the Supreme Court overturn orders of the lower courts certifying a class consisting of hundreds of thousands of its female employees who challenge its nationwide pattern and practice of discriminating against women in wages and promotions. The class seeks injunctive relief as well as back pay for class members adversely affect by Wal-Mart’s practices. Public Citizen has filed an amicus brief contesting Wal-Mart’s argument that the federal rules of civil procedure and the constitutional requirement of due process do not permit certification of a non-opt-out class in a case seeking both injunctive relief and back pay. Public Citizen’s brief also explains that if the constitution requires opt-out rights for class members with claims for monetary relief, the rules are flexible enough to allow the courts to grant allow opt-outs while still certifying the class.
The Supreme Court ruled 5-4 in favor of the petitioner on June 20, 2011.