University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Mauldin v. Wal−Mart Stores EE-GA-0102
Docket / Court 01-CV-2755 ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Equal Employment
Case Summary
On October 16, 2001, a female employee filed suit under Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act against Wal-Mart Stores, Inc. in United States District Court in the Northern District of Georgia. The plaintiff, represented by private counsel, alleged ... read more >
On October 16, 2001, a female employee filed suit under Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act against Wal-Mart Stores, Inc. in United States District Court in the Northern District of Georgia. The plaintiff, represented by private counsel, alleged that Wal-Mart's policy of denying its employees health insurance coverage for prescription contraceptives discriminates against women. The plaintiff sought a declaratory judgment that the defendant's exclusion of coverage for prescription contraceptives violates Title VII, an order requiring defendant to provide comprehensive health insurance coverage for prescription contraceptives, and monetary damages for the individual class members.

On August 23, 2002, the district court (Judge Carnes) partially granted plaintiff's Motion for Class Certification. The provisional class included all female employees of Wal-Mart nationwide who were covered, or had been covered, by Wal-Mart's health insurance plan at any time after March 8, 2001, and who used prescription contraceptives during the relevant time period.

On Dec 8, 2006, the plaintiff submitted a motion for voluntary dismissal on the grounds that Wal-Mart had changed its health insurance so as to cover prescription contraceptives, though not as part of any settlement agreement. On December 20, 2006, the district court (Judge Carnes) granted that motion. The case officially closed on January 2, 2007.

Michael Perry - 07/31/2010


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Issues and Causes of Action
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Issues
Affected Gender
Female
Defendant-type
Retailer
Discrimination-area
Pay / Benefits
Discrimination-basis
Sex discrimination
General
Disparate Treatment
Pattern or Practice
Plaintiff Type
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Wal-Mart Stores Inc
Plaintiff Description All female employees of Wal-Mart nationwide who are covered, or have been covered, by Wal- Mart's health insurance plan at any time after March 8, 2001, and who used prescription contraceptives during the relevant time period.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2007
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
01-CV-2755 (N.D. Ga.) 10/16/2001
EE-GA-0102-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order denying defendant's motion to reconsider 09/30/2003 (N.D. Ga.)
EE-GA-0102-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order denying in part defendant's motions 03/21/2006 (2006 WL 739696) (N.D. Ga.)
EE-GA-0102-0003.pdf | WESTLAW | Detail
Document Source: Westlaw
Plaintiff's motion to voluntarily dismiss 12/08/2006
EE-GA-0102-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Carnes, Julie E. (Eleventh Circuit, N.D. Ga.)
EE-GA-0102-0002 | EE-GA-0102-0003 | EE-GA-0102-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bell, John Chapman Jr. (Georgia)
EE-GA-0102-0001 | EE-GA-0102-9000
Chapman, Kirk E. (New York)
EE-GA-0102-9000
Harper, Lisa Fivars (Georgia)
EE-GA-0102-0001 | EE-GA-0102-9000
Hoffman, Douglas J. (New York)
EE-GA-0102-9000
Pollack, Janine L. (New York)
EE-GA-0102-0001 | EE-GA-0102-9000
Schirmer, Jennifer Templeton (New York)
EE-GA-0102-9000
Stein, George Albert (Georgia)
EE-GA-0102-9000
Wissner-Gross, Sigmund (New York)
EE-GA-0102-9000
Defendant's Lawyers Bachman, Charles L. Jr. (Georgia)
EE-GA-0102-9000
Birg, Erika C. (Georgia)
EE-GA-0102-9000
Casciari, Mark A (Illinois)
EE-GA-0102-9000
Chejfec, Charles (Illinois)
EE-GA-0102-9000
Groves, Allen William (Georgia)
EE-GA-0102-9000
Lipson, Alissa (Illinois)
EE-GA-0102-9000
McDaniel, Theresa Yelton (Georgia)
EE-GA-0102-9000
Palmer, Antonia-Anna R. (Georgia)
EE-GA-0102-9000
Other Lawyers None on record

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