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Most people are aware of the national statistics showing women earn $0.76 on the $1 of what a man makes. While these figures are relevant, it is sometimes hard to discern what difference that actually has. This wage gap means that a woman would have to work a year and three and a half months extra to earn the same income that a man does. Over the years, sexual discrimination in the workplace laws have made many advances in attempts to close that gap.
The history''s largest civil rights lawsuit allowing some 1.6 million women who work or have worked at Wal-Mart stores may also be involved in a potentially landmark change in the way that women and low wage workers are paid and promoted. Wal-Mart is the largest private employer in the U.S. and two thirds of its workforce is made up of female employees. According to a study by the group heading the lawsuit, women are paid less than men in every single department in the store. In addition, less than one-third of its managers are female.
The lawsuit alleges Wal-Mart''s sexual discrimination in the workplace has led to women losing out on pay, promotions, and other advances. Eliminating sexual discrimination in the workplace made its first major stride in 1964 when the Title VII provision was included in a congressional act passed during the civil rights movement. The U.S. District Judge Martin Jenkins ruled that based on the 1964 congressional act prohibiting sexual discrimination in the workplace, the giant corporation was not immune to the laws.
Jenkins ruled there was sufficient anecdotal evidence warranting a class action trial presented, and that statistics showed women working at Wal-Mart stores are paid less than men in ever region and that the salary gap widens over time. Many people believe that the Wal-Mart civil rights lawsuit has the potential to challenge and make a difference in sexual discrimination in the workplace. While the lawsuit has great potential to make change, it is also going to be very difficult.
Sexual discrimination in the workplace lawsuits are very difficult to prove, and the size and complexity of the Wal-Mart case factored in can be problematic for both sides. In order to have a successful case, plaintiffs must be able to show their job duties were fulfilled but the employer made poor decisions, based on their gender, against them. What was just a national statistic in pay discrimination may now become one of the most watched outcomes in the Wal-Mart lawsuit. Even if the lawsuits ends up being settled, as most large class action lawsuits in the U.S. do before going to trial, sexual discrimination in the workplace is sure to be even more heavily scrutinized. If the Wal-Mart lawsuit does in fact go to trial, activist groups believe it has the potential to make major changes.
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