Wal-Mart Escapes ERISA Class Action In Light Of Dukes

Law360, New York (January 24, 2012, 10:02 PM EST) -- A California federal judge on Tuesday dismissed a proposed class action against Wal-Mart Stores Inc. seeking to piggyback off Wal-Mart v. Dukes, ruling employees can't sue Wal-Mart for undercontributing to women's retirement plans unless it is found liable for sex discrimination in wages that determine contribution amounts.

Plaintiff Diana Alexander-Jones claimed Wal-Mart had relegated her and other female employees to lower-paying positions, denying them opportunities for advancement and higher pay available to men. She argued that because Wal-Mart's contributions to its profit-sharing and 401(k) plan are...
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