By Josh Richman
STAFF WRITER OAKLAND TRIBUNE

A federal judge in San Francisco on Tuesday created the largest civil rights class-action lawsuit ever filed against a private employer by granting class status to women suing retail giant Wal-Mart for company-wide sex discrimination.

U.S. District Judge Martin Jenkins ruled six current and former workers can represent about 1.6 million women who have worked at Wal-Mart discount stores, super centers, neighborhood stores and Sam's Clubs since Dec. 26, 1998. The June 2001 lawsuit accuses the company of discriminating against female retail workers in pay and promotions.

"Up until now, Wal-Mart has never faced a trial like this," said Berkeley attorney Brad Seligman, executive director of the nonprofit civil rights group The Impact Fund, which is the women's lead counsel. "Lawsuits by individual women had no more effect than a pinprick. Now, however, the playing field has been leveled. Wal-Mart will face the combined power of 1.6 million women in court."

Mona Williams, chief spokeswoman for Arkansas-based Wal-Mart, issued a statement Tuesday noting Jenkins' ruling "has absolutely nothing to do with the merits of the case."

"Judge Jenkins is simply saying he thinks it meets the legal requirements necessary to move forward as a class action. We strongly disagree with his decision and will seek an appeal," she said, adding the company will "continue to evaluate our employment practices.

"For example, earlier this month, Wal-Mart announced a new job classification and pay structure for hourly associates. This new pay plan was developed with the assistance of third-party consultants and is designed to ensure internal equity and external competitiveness."

Jenkins wrote the plaintiffs "present largely uncontested descriptive statistics which show that women working at Wal-Mart stores are paid less than men in every region, that pay disparities exist in most job categories, that the salary gap widens over time, that women take longer to enter management positions, and that the higher one looks in the organization the lower the percentage of women."

This case comes on the heels of the 50th anniversary of the landmark Supreme Court ruling in Brown v. Board of Education, which ended public school segregation by striking down the "separate but equal" standard, Jenkins noted. "This anniversary serves as a reminder of the importance of the courts in addressing the denial of equal treatment under the law whenever and by whomever it occurs."

Among the original plaintiffs are Betty Dukes of Pittsburg and Patricia Surgeson of Vacaville.

Wal-Mart reported sales of $256.3 billion in the fiscal year ending Jan. 31, 2004. It owns and operates 3,566 stores in the United States and employs more than 1.2 million people, about two-thirds of whom are women.

"This ruling brings Wal-Mart one giant step closer to being as vigilant in accounting for equal pay and promotional opportunities for women as it is in keeping track of its stock of toothpaste, tires and T-shirts," said plaintiffs' co-counsel Irma D. Herrera, executive director of San Francisco-based Equal Rights Advocates.

In addition to the Impact Fund and Equal Rights Advocates, the plaintiffs are represented by the Public Justice Center of Baltimore and by four private law firms, including San Francisco's Davis Cowell & Bowe.