Wal-Mart Stores v. Dukes
In brief
The Supreme Court overturned approval of the nationwide class but did not decide whether the women could qualify under a different class-action rule.
- Where it stands
- Decided
Decided 9-0 · June 20, 2011 · Opinion by Justice Scalia
- What it’s about
- Betty Dukes and other women alleged Wal-Mart’s policies led to lower pay and fewer promotions, and sought to sue for women employees nationwide.
- Who it affects
- The women could not pursue their claims together in the nationwide class the appeals court had approved.
Summary: written with AI from the case record.

What it's about
The Supreme Court overturned class approval because the claims lacked a question common to all members, and ruled that backpay claims could not use the class-action rule the lower court applied.
Betty Dukes and other women employees alleged that Wal-Mart's policies led to lower pay and fewer promotions. They sought to bring those claims for women employees nationwide.
Federal rules set conditions for combining many people's claims in one class-action lawsuit.
Question presented
Can the small group of women who began the case represent a gigantic class of women?
What the Court decided
Holding
1. The certification of the plaintiff class was not consistent with Rule 23(a). 2. Respondents’ backpay claims were improperly certified under Rule 23(b)(2). 603 F. 3d 571, reversed.
- Result
- Reversed
The vote
From the opinions
“The Court, however, disqualifies the class at the starting gate, holding that the plaintiffs cannot cross the “commonality” line set by Rule 23(a).”
What's next
The Court did not decide whether the women's alternative request under Rule 23(b)(3) met that rule's requirements. Justice Ginsburg said that question should be considered in further proceedings.
Documents
Opinions
Audio
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
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Case data updated: question_presented, extraction_metadata
Audio Recording added: Oral Arguments - Dukes
Opinion added: Wal-Mart
More questions
- Did the Court decide whether Wal-Mart discriminated against the women?
- No. It ruled on whether the claims could be brought together in this class, not whether the discrimination allegations were true.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.