Filed Date: Sept. 22, 2004
Closed Date: July 10, 2010
Clearinghouse coding complete
On August 11, 2005 a group of African-Americans filed a consolidated amended complaint under Title VII of the Civil Rights Act (42 U.S.C. § 2000e et seq.) and 42 U.S.C. § 1981 against Wal-Mart Stores Inc. in United States District Court of the Eastern District of Arkansas. The plaintiffs alleged that Wal-Mart discriminated against African-Americans in hiring and sought damages and injunctive and declaratory relief. Specifically, the plaintiffs contended that Wal-Mart's practice of "word of mouth" hiring for over-the-road truck drivers discriminated against African-Americans.
On May 16, 2007, the court (Judge Wilson) certified a class of African Americans who resided in the continental United States who had applied for employment as over-the-road truck drivers at Wal-Mart since September 22, 2001 and not been hired, and African Americans who resided in the continental United States who were deterred or thwarted from applying for positions as over-the-road truck drivers at Wal-Mart. The defendant an interlocutory appeal to the Eighth Circuit Court of Appeals but on June 28, 2007 was denied.
Discovery proceeded in preparation for trial and on January 13, 2009 the court (Judge Wilson) denied the defendant's motions for decertification and summary judgment. The parties thereafter reached a settlement that was approved by the court (Judge Wilson) on March 5, 2009. In the settlement Wal-Mart agreed to damages in the amount of $17,500,000 to be distributed to the named representatives, class members, and for attorneys fees. It also agreed to provide EEO training, actively recruit minorities, impose benchmarks for hiring minority drivers, make specific job opportunities open to minorities, and engage in recordkeeping and reporting. The case came to a close on July 10, 2010 when the last objections by class members were dismissed.
Summary Authors
Michael Perry (10/18/2010)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5202849/parties/nelson-v-wal-mart-stores-inc/
Bates, Joseph Henry III (Arkansas)
Boswell, Ted (Arkansas)
Bowden, David O. (Arkansas)
Childs, Shawn Garrick (Arkansas)
Askew, Jess L. III (Arkansas)
Jones, Henry L. Jr. (Arkansas)
Wilson, Billy [William] Roy [Jr.] (Arkansas)
See docket on RECAP: https://www.courtlistener.com/docket/5202849/nelson-v-wal-mart-stores-inc/
Last updated Feb. 16, 2024, 3:03 a.m.
State / Territory: Arkansas
Case Type(s):
Special Collection(s):
IWPR/Wage Project Consent Decree Study
Private Employment Class Actions
Key Dates
Filing Date: Sept. 22, 2004
Closing Date: July 10, 2010
Case Ongoing: No
Plaintiffs
Plaintiff Description:
African Americans who applied for employment as over-the-road truck drivers at Wal-Mart since September 22, 2001, and were not hired; and African Americans who were deterred or thwarted from applying due to Wal-Mart's challenged policies and practices.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Wal-Mart Stores Inc (Bentonville), Private Entity/Person
Defendant Type(s):
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: $17,500,000
Content of Injunction:
Comply with advertising/recruiting requirements
Other requirements regarding hiring, promotion, retention
Provide antidiscrimination training
Issues
General:
Discrimination-area:
Discrimination-basis:
Race: