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The Ninth Circuit said the district court did not abuse its discretion in finding that a class of salaried and hourly female employees employed across 3,400 stores was united by Wal-Mart’s company-wide practices. The district courts must resolve facts needed for Rule 23 analysis even if those facts go to the merits.
The Ninth Circuit found evidence of a link between Wal-Mart’s company-wide practices and discriminatory impacts on women through expert opinions. Plaintiffs no longer employed with a company when the suit was filed should not be part of the class for injunctive relief. The class should be all women still employed when the complaint was filed in June 2001.
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