Walmart Racism Case Study CaseletCase PPT.pptx

Case study about walmart

1. BUSINESS ETHICS CASE STUDY

2. Walmart Gender Discrimination Challenges Presented By: Abhishek Jha Sarthak Sinha Arya Swapnil Sanjana Sheshadri Payal Pati Aditi Gupta

3. Summary of case Dukes V. Wal-Mart alleges gender discrimination against female employees. Led by Betty Dukes, plaintiffs claim systematic bias in job assignments, promotions, training, and compensation. Ninth Circuit Court of Appeals ruled in favor of certifying a class of approximately two million women. Evidence suggested gender-based disparities in pay and promotion rates. Wal-Mart contested, arguing local managers' autonomy in decision-making. Stressed subjective decision-making policy rather than systemic discrimination . Potential impact on class-action litigation and calls for businesses to review hiring and promotional practices. Wal-Mart seeks further review, possibly reaching the United States Supreme Court. Outcome could set precedent on class certification and workplace discrimination issues

4. Problem identified Gender Discrimination Commonality Prerequisite Glass Ceiling and Sticky Floor Allegations Legal Ground and Implications Class Action Certification

5. Assumptions General Assumptions Large, decentralized workforce creates potential bias risks. Data analysis plays a key role in discrimination cases. Class actions have significant financial impact on corporations. Wal-Mart Assumptions Potential discrepancy between official policies and actual practices. Prioritization of efficiency and local autonomy in decision-making. Challenges in defending against a large class action lawsuit. Plaintiff’s Assumptions Believe they experienced unfair treatment due to gender. Seek both compensation and systemic change. Face challenges in proving commonality and overcoming due process concerns.

6. Internal Monitoring & Audits Regular monitoring & Internal Audit to track & address any potential disparity in promotion, training & compensation. Diversity & Inclusion Initiatives: Diversity & inclusion programs can be organized to foster a more equitable workforce. Advancement of women in leadership roles. Solution proposed Legal Compliance and Policy Review: Walmart can conduct a thorough review of Employment policies & practices. The company might consider updating policies to prohibit gender-based discrimination.

7. Training & Education Conducting training programs for Employees & Managers to raise awareness about gender discrimination, Unconscious Biases, fair & equitable work environment. Solution proposed Transparent Pay Practices Transparent Pay Practices to eliminate gender pay gaps & promote equal pay for equal work.

8. Q&A: based on case Q2) Put yourself in the role of the plaintiffs. What ethical arguments would you offer in support of their 2000 allegations? Fairness: Women deserve equal opportunity and pay. Transparency: Lack of transparent processes allows bias to flourish. Harm: Discrimination hurts individuals and society. Q1) Based on the stated human resources philosophy of Wal-Mart, would it be likely that the company would discriminate based on gender differences? Explain. Philosophy vs. Reality: Wal-Mart's stated meritocratic philosophy clashes with the plaintiffs' allegations of systemic bias, highlighting potential cultural factors beyond official policies. Q3) Put yourself in the role of Wal-Mart. What ethical arguments would you offer to counter the plaintiffs' blow allegations? Individual Cases: Disparities are due to individual circumstances, not policy. Business Necessity: Certain practices, like scheduling, are necessary for efficiency. Due Process: Class action denies fair defense of individual cases.

9. Q&A: based on case Q4) What do you think the plaintiffs meant by their allegation that Wal-Mart's culture is a significant contributor to gender discrimination? Corporate Culture: Plaintiffs argue Wal-Mart's culture, with subjective decisions and lack of diversity, allows bias to thrive even without explicit discriminatory policies. Q6) Explain how the outcome of Dukes v. Wal-Mart Stores, Inc. (regardless of how it is resolved) is important for major stakeholders in the case, including the American society. Q5) Is a class action against Wal-Mart justified? Explain your position. Class Action Justification: Complex legal question with arguments on both sides, considering commonality, numerosity, and deterrence vs. individual variations, due process concerns, and management complexity. Stakeholders' Importance: Outcome affects Wal-Mart financially and reputationally, provides potential compensation and vindication for plaintiffs, influences future corporate policies and societal progress towards gender equality.

10. Key Takeaways Civil Rights Act of 1964: The lawsuit is based on the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin Legal Challenges: Wal-Mart contested the class action validity, arguing that decisions about pay and promotions are made at the store level, leading to potential billion-dollar liabilities for the company. Quotas and Preferences: Observers note the temptation for employers to adopt quotas or preferences to avoid class-action lawsuits, despite their illegality, emphasizing the need for companies to ensure fair practices. Supreme Court Review: The case may proceed to the United States Supreme Court, with potential implications for class-action certification standards and the legal landscape regarding employment discrimination.

11. Conclusion Background and Allegations Overview of the Dukes v. Wal-Mart Stores, Inc. case Allegations of gender-based discrimination by the plaintiffs Theories involving "glass ceiling/sticky floor" employment discrimination Class Certification and Legal Challenges Examination of Rule 23(a) prerequisites for class action suits Wal-Mart's challenge to the legal validity of a class action U.S. District Judge Martin Jenkins' ruling on class certification Ninth Circuit Court of Appeals' decision and the dissenting opinion Statistical and Expert Witness Perspectives Analysis of statistical evidence presented by both parties Examination of Joan Haworth and Richard Drogin's conflicting conclusions Role of sociologist William Bielby's "social framework analysis" in class certification Ninth Circuit's reliance on expert testimony in supporting commonality

12. Current Scenario Betty Dukes' Legacy and Continued Legal Battle Betty Dukes, an original plaintiff in the Dukes case, passed away in 2017. Despite her passing, new individuals like Medeiros are continuing the legal battle against Walmart, alleging ongoing gender discrimination within the company. Walmart's Stance and Plaintiffs' Argument Walmart claims to have anti-discrimination policies in place and has implemented changes, including pay bands and training programs. Plaintiffs argue that despite these changes, gender disparities persist, leading them to pursue individual lawsuits to address ongoing issues.

13. Current Scenario Recent Violation by Walmart and EEOC Lawsuit Wal-Mart Stores East, LP, a Walmart entity, is charged with violating federal law, including allegations of sexual harassment and retaliation against a female employee. The U.S. Equal Employment Opportunity Commission (EEOC) announced the lawsuit on September 19, 2023, signaling ongoing legal scrutiny and challenges for Walmart in ensuring a discrimination-free workplace. Broader Concerns and Advocacy for Workplace Equality Plaintiffs express broader concerns about the treatment of women in the workplace, aiming to prevent others from facing similar challenges. Their advocacy extends beyond individual cases, highlighting the importance of addressing systemic issues related to gender equality

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